1

I

104TH CONGRESS

1ST SESSION H. R. 1292

To revise, codify, and enact without substantive change certain general and

permanent laws, related to aliens and nationality, as title 8, United States

Code, ‘‘Aliens and Nationality’’.

IN THE HOUSE OF REPRESENTATIVES

MARCH 22, 1995

Mr. HYDE introduced the following bill; which was referred to the

Committee on the Judiciary

A BILL

To revise, codify, and enact without substantive change certain general and

permanent laws, related to aliens and nationality, as title 8, United States

Code, ‘‘Aliens and Nationality’’.

1 Be it enacted by the Senate and House of Representatives of the United

2 States of America in Congress assembled,

3 SECTION 1. TITLE 8, UNITED STATES CODE.

4 Certain general and permanent laws of the United States, related to

5 aliens and nationality, are revised, codified, and enacted as title 8, United

6 States Code, ‘‘Aliens and Nationality’’, as follows:

7 TITLE 8—ALIENS AND NATIONALITY

SUBTITLE Sec.

I. GENERAL ....................................................................................................... 101

II. ALIENS ........................................................................................................... 2101

III. UNLAWFUL EMPLOYMENT PRACTICES ................................................ 11101
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IV. REFUGEE AND IMMIGRANT PROGRAMS ............................................... 13101

V. CITIZENSHIP AND NATIONALITY ........................................................... 20101

1 SUBTITLE I—GENERAL

CHAPTER Sec.

1. DEFINITIONS ................................................................................................ 101

3. ORGANIZATION AND ADMINISTRATION ............................................... 301

5. PASSPORTS AND TRAVEL REQUIREMENTS ......................................... 501

7. GENERAL MISCELLANEOUS ..................................................................... 701

2 CHAPTER 1—DEFINITIONS

Sec.

101. Adjacent islands.

102. Advocates.

103. Agency.

104. Aggravated felony.

105. Alien.

106. Application for admission.

107. Border crossing identification card.

108. Child.

109. Consular officer.

110. Crewmember.

111. Entry.

112. Executive agency.

113. Executive capacity.

114. Foreign country.

115. Good moral character.

116. Graduate of a medical school.

117. Immediate relative.

118. Immigrant.

119. Immigration judge.

120. Immigration laws.

121. Immigration officer.

122. Ineligible for citizenship.

123. International organization.

124. Lawfully admitted for permanent residence.

125. Managerial capacity.

126. National.

127. National of the United States.

128. Naturalization.

129. Nonimmigrant.

130. Parent, father, and mother.

131. Passport.

132. Refugee.

133. Residence.

134. Special immigrant.

135. Spouse, wife, and husband.

136. State.

137. Totalitarian dictatorship.

138. Totalitarian party.

139. United States.

140. Unmarried.

141. Visa.

3 § 101. Adjacent islands

4 In this title, ‘‘adjacent islands’’ includes the Bahamas, Barbados, Ber5 muda, Cuba, the Dominican Republic, Haiti, Jamaica, Martinique,

6 Miquelon, Saint Pierre, Trinidad, the Windward and Leeward Islands, and

7 other British, French, and Dutch territories and possessions in or bordering

8 on the Caribbean Sea.
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1 § 102. Advocates

2 In this title, ‘‘advocates’’ includes advises, recommends, furthers by overt

3 act, and admits belief in.

4 § 103. Agency

5 In this title (except subchapter II of chapter 131 and chapters 133–137),

6 ‘‘agency’’ means a department, agency, or instrumentality of the United

7 States Government.

8 § 104. Aggravated felony

9 (a) COMMISSION AND CONVICTION AT ANY TIME.—(1) In this title, ‘‘ag10 gravated felony’’ means any of the following, or an attempt or conspiracy

11 to commit any of the following, committed in the United States:

12 (A) murder.

13 (B) illicit trafficking in a controlled substance (as defined in section

14 102 of the Controlled Substances Act (21 U.S.C. 802)), including a

15 drug trafficking crime (as defined in section 924(c)(2) of title 18).

16 (C) illicit trafficking in a firearm or destructive device (as defined

17 in section 921(a) of title 18).

18 (2) Paragraph (1) of this subsection applies to an offense under a law

19 of a State or the United States.

20 (b) ADDITIONAL OFFENSES COMMITTED AFTER NOVEMBER 28, 1990.—

21 (1) In this title, ‘‘aggravated felony’’, in addition to its meaning under sub22 section (a) of this section, means—

23 (A) any of the offenses specified in subsection (a)(1) of this section,

24 or an attempt or conspiracy to commit any of those offenses, commit25 ted outside the United States after November 28, 1990; and

26 (B) any of the following, or an attempt or conspiracy to commit any

27 of the following, committed in or outside the United States after No28 vember 28, 1990:

29 (i) a crime of violence (as defined in section 16 of title 18, ex30 cept a purely political offense) for which the term of imprisonment

31 imposed (regardless of any suspension of imprisonment) is at least

32 5 years.

33 (ii) an offense described in section 1956 of title 18 for which

34 a conviction is entered before October 25, 1994.

35 (2) Paragraph (1) of this subsection applies to an offense under a law

36 of—

37 (A) a State or the United States; or

38 (B) a foreign country if the term of imprisonment for the offense

39 was completed within the prior 15 years.

40 (c) ADDITIONAL OFFENSES FOR WHICH CONVICTION IS ENTERED

41 AFTER OCTOBER 24, 1994.—(1) In this title, ‘‘aggravated felony’’, in addi-
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1 tion to its meaning under subsections (a) and (b) of this section, means any

2 of the following, or an attempt or conspiracy to commit any of the following,

3 for which a conviction is entered after October 24, 1994:

4 (A) illicit trafficking in an explosive material (as defined in section

5 841(c) of title 18).

6 (B) a theft offense (including receipt of stolen property) or burglary

7 offense for which the term of imprisonment imposed (regardless of any

8 suspension of imprisonment) is at least 5 years.

9 (C) an offense that relates to owning, controlling, managing, or su10 pervising a prostitution business or that is described in section 1581,

11 1582, 1583, 1584, 1585, or 1588 of title 18.

12 (D) an offense that—

13 (i) involves fraud or deceit in which the loss to the victim is

14 more than $200,000; or

15 (ii) is described in section 7201 of the Internal Revenue Code

16 of 1986 (26 U.S.C. 7201) in which the loss to the United States

17 Government is more than $200,000.

18 (E) an offense related to a failure to appear by a defendant for serv19 ice of sentence if the underlying offense is punishable by a term of im20 prisonment of at least 15 years.

21 (F) an offense described in section 10147(a)(1) of this title for com22 mercial advantage.

23 (G) an offense described in section 793, 798, 2153, 2381, or 2382

24 of title 18 or section 601 of the National Security Act of 1947 (50

25 U.S.C. 421).

26 (H) an offense described in section 842(h) or (i), 844(d), (e), (f),

27 (g), (h) or (i), 922(g)(1), (2), (3), (4) or (5), (j), (n), (o), (p), or (r),

28 or 924(b) or (h) of title 18 or section 5861 of the Internal Revenue

29 Code of 1986 (26 U.S.C. 5861).

30 (I) an offense described in section 875, 876, 877, or 1202 of title

31 18.

32 (J) an offense described in section 1546(a) of title 18 which con33 stitutes trafficking in the document described in section 1546(a) and

34 for which the term of imprisonment imposed (regardless of any suspen35 sion of imprisonment) is at least 5 years.

36 (K) an offense described in section 1957 of title 18 if the amount

37 is more than $100,000.

38 (L) an offense described in section 1962 of title 18 for which a sen39 tence of at least 5 years may be imposed.

40 (M) an offense described in section 2251, 2251A, or 2252 of title

41 18.
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1 (N) an offense described in section 1956 of title 18 if the amount

2 is more than $100,000.

3 (2) Paragraph (1) of this subsection applies to an offense under a law

4 of—

5 (A) a State or the United States; or

6 (B) a foreign country if the term of imprisonment for the offense

7 was completed within the prior 15 years.

8 § 105. Alien

9 In this title, ‘‘alien’’ means an individual who is not a national of the

10 United States.

11 § 106. Application for admission

12 In this title, ‘‘application for admission’’ means an application for admis13 sion to the United States and not an application for a visa.

14 § 107. Border crossing identification card

15 In this title, ‘‘border crossing identification card’’ means a document of

16 identity—

17 (1) having the designation ‘‘border crossing identification card’’;

18 (2) issued by a consular officer or an immigration officer to an alien

19 lawfully admitted for permanent residence or an alien residing in for20 eign territory contiguous to the United States; and

21 (3) to be used by the alien in crossing a border between the United

22 States and foreign territory contiguous to the United States.

23 § 108. Child

24 (a) SUBTITLES I–III.—In subtitles I–III of this title (except subchapter

25 I of chapter 5 and chapter 47), ‘‘child’’ means an unmarried individual

26 under 21 years of age who—

27 (1) is a legitimate child;

28 (2) is a stepchild, whether or not born illegitimate, if the child was

29 under 18 years of age when the marriage making the child a stepchild

30 occurred;

31 (3) was legitimated under the law of the child’s or father’s residence

32 or domicile if the legitimation occurred when the child was under 18

33 years of age and in the legal custody of the legitimating parent or par34 ents;

35 (4) is illegitimate, but the individual is a child only in regard to the

36 individual’s—

37 (A) natural mother; or

38 (B) natural father if the father has or had a bona fide parent39 child relationship with the child;
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1 (5) was adopted under 16 years of age if the child has been in the

2 legal custody of, and resided with, the adopting parent or parents for

3 at least 2 years; or

4 (6)(A) is under 16 years of age when a petition is filed to classify

5 the child as an immediate relative;

6 (B) is an orphan because both parents have died, disappeared, aban7 doned or deserted the child, or been separated from the child, or has

8 only one parent and the parent is unable to provide the proper care

9 and irrevocably in writing has released the child for emigration and

10 adoption, except that in this clause the term ‘‘parent’’ does not include

11 the natural father if—

12 (i) the child is illegitimate as described in clause (4) of this sub13 section and has not been legitimated as described in clause (3) of

14 this subsection; and

15 (ii) the father has disappeared, abandoned or deserted the child,

16 or irrevocably in writing released the child for emigration and

17 adoption;

18 (C)(i) was adopted outside the United States by a citizen of the

19 United States and the citizen’s spouse, or by an unmarried citizen of

20 the United States at least 25 years of age, who personally observed the

21 child before or during the adoption proceedings; or

22 (ii) is coming to the United States for adoption by a citizen of the

23 United States and the citizen’s spouse, or by an unmarried citizen of

24 the United States at least 25 years of age, who complied with the

25 preadoption requirements of the child’s proposed residence; and

26 (D) will be cared for properly, to the satisfaction of the Attorney

27 General, if admitted to the United States.

28 (b) SUBTITLE V.—In subtitle V of this title, ‘‘child’’ means an unmarried

29 individual under 21 years of age and includes a child who—

30 (1) is a legitimate child;

31 (2) was legitimated under the law of the child’s or father’s residence

32 or domicile (even if outside the United States) if the legitimation oc33 curred when the child was under 16 years of age and in the legal cus34 tody of the legitimating parent or parents; or

35 (3) except as provided in sections 20305–20307 of this title, was

36 adopted in the United States if the adoption occurred when the child

37 was under 16 years of age and in the legal custody of the adopting

38 parent or parents.

39 § 109. Consular officer

40 In this title, ‘‘consular officer’’ means an officer or employee of the

41 United States Government designated under regulations to issue visas.
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1 § 110. Crewmember

2 In this title, ‘‘crewmember’’ means an individual serving in any capacity

3 on a vessel or aircraft.

4 § 111. Entry

5 In this title, ‘‘entry’’ means a coming of an alien into the United States

6 from a foreign port or place or from American Samoa, whether voluntarily

7 or not. However, an alien having a lawful permanent residence in the

8 United States is deemed not to be making an entry under the immigration

9 laws if the alien—

10 (1) satisfies the Attorney General that the alien did not intend or

11 reasonably expect to depart to a foreign port or place or to American

12 Samoa or that the alien’s presence in a foreign port or place or in

13 American Samoa was involuntary; and

14 (2) did not depart because of deportation, extradition, or other legal

15 process.

16 § 112. Executive agency

17 In this title, ‘‘executive agency’’ means a department, agency, or instru18 mentality in the executive branch of the United States Government.

19 § 113. Executive capacity

20 (a) GENERAL.—In this title, ‘‘executive capacity’’ means a capacity in

21 which an employee of an organization primarily—

22 (1) directs the management of the organization or a major compo23 nent or function of the organization;

24 (2) establishes the goals and policies of the organization, component,

25 or function;

26 (3) has wide latitude in making discretionary decisions; and

27 (4) receives only general supervision or direction from higher level

28 executives, the board of directors, or stockholders of the organization.

29 (b) STAFFING LEVELS AS FACTOR.—If staffing levels are used as a fac30 tor in deciding whether an individual is acting in an executive capacity, the

31 Attorney General shall consider the reasonable needs of the organization,

32 component, or function in light of the overall purpose and stage of develop33 ment of the organization, component, or function. An individual is not act34 ing in an executive capacity only because of the number of employees the

35 individual supervises, directs, or has supervised or directed.

36 § 114. Foreign country

37 In this title, ‘‘foreign country’’ includes the territories and possessions of

38 a foreign country, but a self-governing dominion or a territory under trust39 eeship is deemed to be a separate foreign country.
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1 § 115. Good moral character

2 In this title, each of the following individuals is an individual not of good

3 moral character:

4 (1) an individual who, during the period for which good moral char5 acter is required—

6 (A) was a habitual drunkard;

7 (B) was within a class of individuals, whether excludable or not,

8 described in—

9 (i) section 6306 or 6307(a)(5) or (6) of this title; or

10 (ii) section 6307(a)(1)–(4) of this title (except as section

11 6307(a)(3) relates to a single offense of simple possession of

12 not more than 30 grams of marijuana), if the individual ad13 mits committing or was convicted of committing the offense

14 and committed the offense during the period for which good

15 moral character is required;

16 (C) derived income principally from unlawful gambling activi17 ties;

18 (D) committed at least 2 gambling offenses for which the indi19 vidual has been convicted;

20 (E) gave false testimony to obtain a benefit under this title (ex21 cept subchapter I of chapter 5, subchapters II and III of chapter

22 131, and chapters 133–137); or

23 (F) served a total of at least 180 days in a penal institution

24 for conviction of an offense or offenses, even if the offense or of25 fenses were not committed during the period for which good moral

26 character is required.

27 (2) an individual convicted of murder or, after November 28, 1990,

28 of another aggravated felony, regardless of whether the offense or con29 viction was during the period for which good moral character is re30 quired.

31 (3) an individual found for other reasons to be not of good moral

32 character.

33 § 116. Graduate of a medical school

34 In this title, ‘‘graduate of a medical school’’ means an alien who has

35 graduated from a medical school or has qualified to practice medicine in a

36 foreign country, except an alien of national or international renown in the

37 field of medicine.

38 § 117. Immediate relative

39 In this title, ‘‘immediate relative’’ means—

40 (1) a child of a citizen of the United States;
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1 (2) a spouse of a citizen of the United States, except that if the citi2 zen has died, the spouse and each child of the spouse remains an im3 mediate relative after the death only if the spouse—

4 (A) was married to the citizen for at least 2 years before the

5 date of death;

6 (B) was not legally separated from the citizen on the date of

7 death;

8 (C) files a petition under section 4301(a)(2) of this title not

9 later than 2 years after the date of death; and

10 (D) has not remarried; and

11 (3) a parent of a citizen of the United States if the citizen is at least

12 21 years of age.

13 § 118. Immigrant

14 In this title, ‘‘immigrant’’ means any alien except a nonimmigrant.

15 § 119. Immigration judge

16 In this title, ‘‘immigration judge’’ means an officer or employee of the

17 United States Government designated by the Attorney General, individually

18 or by regulation, to carry out the duties and powers of an immigration

19 judge.

20 § 120. Immigration laws

21 In this title, ‘‘immigration laws’’ includes this title and all laws, conven22 tions, and treaties of the United States related to the immigration, exclu23 sion, or deportation of aliens.

24 § 121. Immigration officer

25 In this title, ‘‘immigration officer’’ means an officer or employee of the

26 United States Government designated by the Attorney General, individually

27 or by regulation, to carry out the duties and powers of an immigration offi28 cer.

29 § 122. Ineligible for citizenship

30 In this title, ‘‘ineligible for citizenship’’, notwithstanding any treaty relat31 ed to military service, means permanently debarred at any time under this

32 title or any other law from becoming a citizen of the United States.

33 § 123. International organization

34 In this title, ‘‘international organization’’ means an international organi35 zation as defined in section 1 of the International Organizations Immunities

36 Act (22 U.S.C. 288).

37 § 124. Lawfully admitted for permanent residence

38 In this title, ‘‘lawfully admitted for permanent residence’’ means the sta39 tus of lawfully having been given the privilege of residing permanently in

40 the United States as an immigrant under the immigration laws, that status

41 not having changed.
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1 § 125. Managerial capacity

2 (a) GENERAL.—In this title, ‘‘managerial capacity’’ means a capacity in

3 which an employee of an organization primarily—

4 (1) manages the organization or a department, subdivision, compo5 nent, or function of the organization;

6 (2) supervises and controls the work of other supervisory, profes7 sional, or managerial employees, or manages an essential function in

8 the organization or a department or subdivision of the organization;

9 (3)(A) has the authority to hire and fire or recommend hiring, firing,

10 and other personnel actions, if an employee is supervised directly; or

11 (B) works at a senior level in the organizational hierarchy or with

12 regard to the function managed, if no employee is supervised directly;

13 and

14 (4) has discretion over the day-to-day operations of the activity or

15 function for which the individual has authority.

16 (b) FIRST-LINE SUPERVISOR.—A first-line supervisor does not act in a

17 managerial capacity only because of the supervisor’s supervisory duties un18 less the employees supervised are professional.

19 (c) STAFFING LEVELS AS FACTOR.—If staffing levels are used as a factor

20 in deciding whether an individual is acting in a managerial capacity, the At21 torney General shall consider the reasonable needs of the organization, com22 ponent, or function in light of the overall purpose and stage of development

23 of the organization, component, or function. An individual is not acting in

24 a managerial capacity only because of the number of employees the individ25 ual supervises, directs, or has supervised or directed.

26 § 126. National

27 In this title, ‘‘national’’ means an individual owing permanent allegiance

28 to a country.

29 § 127. National of the United States

30 In this title, ‘‘national of the United States’’ means—

31 (1) a citizen of the United States; or

32 (2) an individual, not a citizen of the United States, owing perma33 nent allegiance to the United States.

34 § 128. Naturalization

35 In this title, ‘‘naturalization’’ means the conferring of nationality of a

36 country on an individual after birth by any means.

37 § 129. Nonimmigrant

38 In this title, ‘‘nonimmigrant’’ means an alien having the status of a non39 immigrant classified under subchapter I of chapter 23 of this title.
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1 § 130. Parent, father, and mother

2 (a) SUBTITLES I–III.—In subtitles I–III of this title (except subchapter

3 I of chapter 5), ‘‘parent’’, ‘‘father’’, and ‘‘mother’’ mean a parent, father,

4 and mother of a child as defined in section 108(a) of this title.

5 (b) SUBTITLE V.—In subtitle V of this title, ‘‘parent’’, ‘‘father’’, and

6 ‘‘mother’’ include a deceased parent, father, and mother of a posthumous

7 child.

8 (c) EXCEPTIONS.—In this title (except subchapter I of chapter 5), ‘‘par9 ent’’, ‘‘father’’, and ‘‘mother’’ do not include—

10 (1) the natural parent of a child as defined in section 108(a)(5) of

11 this title;

12 (2) the natural parent or prior adoptive parent of a child as defined

13 in section 108(a)(6) of this title; or

14 (3) the natural parent or prior adoptive parent of a special immi15 grant as defined in section 134(a)(12) of this title.

16 § 131. Passport

17 In this title, ‘‘passport’’ means a travel document—

18 (1) granted by competent authority;

19 (2) showing the bearer’s origin, identity, and nationality if any; and

20 (3) valid for the entry of the bearer into a foreign country.

21 § 132. Refugee

22 In this title (except chapter 133), ‘‘refugee’’—

23 (1) means an individual who—

24 (A)(i) is outside a country of the individual’s nationality or, if

25 the individual has no nationality, is outside a country in which the

26 individual last habitually resided; and

27 (ii) is unable or unwilling to return to, and make use of the pro28 tection of, that country because of persecution or a well-founded

29 fear of persecution on account of race, religion, nationality, mem30 bership in a particular social group, or political opinion; or

31 (B) in circumstances the President after appropriate consulta32 tion (as defined in section 5101(a) of this title) specifies—

33 (i) is in a country of the individual’s nationality or, if the

34 individual has no nationality, is in a country in which the in35 dividual is habitually residing; and

36 (ii) is persecuted or has a well-founded fear of persecution

37 on account of race, religion, nationality, membership in a par38 ticular social group, or political opinion; but

39 (2) does not include an individual who ordered, incited, assisted, or

40 otherwise participated in the persecution of an individual on account
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1 of race, religion, nationality, membership in a particular social group,

2 or political opinion.

3 § 133. Residence

4 In this title, ‘‘residence’’ means the principal, actual dwelling place of an

5 individual without regard to the individual’s intent.

6 § 134. Special immigrant

7 (a) GENERAL.—In this title, ‘‘special immigrant’’ means each of the fol8 lowing immigrants:

9 (1) an immigrant lawfully admitted for permanent residence return10 ing from a temporary visit outside the United States (including a pe11 riod of employment by the American University of Beirut).

12 (2) an immigrant who was a citizen of the United States and may

13 be naturalized under section 20315 or 20318(a) of this title.

14 (3)(A) an immigrant who—

15 (i) for at least 2 years immediately before applying for admis16 sion has been a member of a religious denomination having a bona

17 fide nonprofit religious organization in the United States;

18 (ii) is coming to the United States—

19 (I) only to serve as a minister of that religious denomina20 tion;

21 (II) before October 1, 1997, to work for the organization,

22 at the request of the organization, in a professional capacity

23 in a religious vocation or occupation; or

24 (III) before October 1, 1997, to work for the organization

25 or for a bona fide organization affiliated with the religious de26 nomination and exempt from taxation as an organization de27 scribed in section 501(c)(3) of the Internal Revenue Code of

28 1986 (26 U.S.C. 501(c)(3)), at the request of the organiza29 tion, in a religious vocation or occupation; and

30 (iii) has served as a minister or performed the work described

31 in subclause (ii) of this clause continuously for at least the 2-year

32 period described in subclause (i) of this clause; and

33 (B) the immigrant’s spouse and children if accompanying or follow34 ing to join the immigrant.

35 (4)(A) an immigrant who is an employee or an honorably retired

36 former employee of the United States Government outside the United

37 States, or of the American Institute in Taiwan, who has performed

38 faithful service for at least 15 years, if the principal officer of a For39 eign Service establishment of the United States, or the director of the

40 American Institute in Taiwan, respectively, recommends that the immi41 grant be granted special immigrant status because of exceptional cir-
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1 cumstances and the Secretary of State approves the recommendation

2 after finding that it is in the interest of the United States to grant

3 the status; and

4 (B) the immigrant’s spouse and children if accompanying the immi5 grant.

6 (5)(A) an immigrant who—

7 (i) resided in the Panama Canal Zone on April 1, 1979;

8 (ii) was an employee of the Panama Canal Company or the

9 Canal Zone Government before October 1, 1979; and

10 (iii) performed faithful service as such an employee for at least

11 one year; and

12 (B) the immigrant’s spouse and children if accompanying the immi13 grant.

14 (6)(A) an immigrant who—

15 (i) is a national of Panama;

16 (ii) performed faithful service as an employee of the United

17 States Government in the Panama Canal Zone for at least 15

18 years before October 1, 1979; and

19 (iii) honorably retired from that employment at any time or con20 tinues to be employed by the United States Government in an area

21 of the former Canal Zone; and

22 (B) the immigrant’s spouse and children if accompanying the immi23 grant.

24 (7)(A) an immigrant—

25 (i) who was an employee of the Panama Canal Company or the

26 Canal Zone Government on April 1, 1979;

27 (ii) who performed faithful service as such an employee for at

28 least 5 years; and

29 (iii) whose personal safety, or whose spouse’s or child’s personal

30 safety, is placed in reasonable danger directly because of the Pan31 ama Canal Treaty of 1977 and the special nature of the immi32 grant’s employment; and

33 (B) the immigrant’s spouse and children if accompanying the immi34 grant.

35 (8)(A) an immigrant who—

36 (i) has graduated from a medical school or has qualified to

37 practice medicine in a foreign country;

38 (ii) was completely and permanently licensed to practice medi39 cine in a State on January 9, 1978, and was practicing medicine

40 in a State on that date;
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1 (iii) entered the United States as a nonimmigrant classified

2 under any of sections 2312–2316 or 2325 of this title before Jan3 uary 10, 1978; and

4 (iv) has been continuously present in the United States in the

5 practice or study of medicine since the date of entry; and

6 (B) the immigrant’s spouse and children if accompanying the immi7 grant.

8 (9) an immigrant who—

9 (A) is the unmarried son or daughter of a present or former of10 ficer or employee of an international organization;

11 (B) while maintaining the status of a nonimmigrant classified

12 under section 2302(5) or 2324 of this title, has resided and been

13 physically present in the United States for—

14 (i) periods totaling at least half of the 7 years before the

15 date of application for a visa or for adjustment of status to

16 special immigrant status under this clause (9); and

17 (ii) periods totaling at least 7 years between the ages of 5

18 and 21; and

19 (C) applies for a visa or adjustment of status to special immi20 grant status under this clause (9) not later than April 24, 1989,

21 or the immigrant’s 25th birthday, whichever is later.

22 (10) an immigrant who—

23 (A) is the surviving spouse of a deceased officer or employee of

24 an international organization;

25 (B) while maintaining the status of a nonimmigrant classified

26 under section 2302(5) or 2324 of this title, has resided and been

27 physically present in the United States for—

28 (i) periods totaling at least half of the 7 years before the

29 date of application for a visa or for adjustment of status to

30 special immigrant status under this clause (10); and

31 (ii) periods totaling at least 15 years before the date of

32 death of the officer or employee; and

33 (C) files a petition for special immigrant status under this

34 clause (10) not later than April 24, 1989, or 6 months after the

35 date of death of the officer or employee, whichever is later.

36 (11)(A) an immigrant who—

37 (i) is a retired officer or employee of an international organiza38 tion;

39 (ii) while maintaining the status of a nonimmigrant classified

40 under section 2302(5) of this title, has resided and been physically

41 present in the United States for periods totaling at least half of
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1 the 7 years before the date of application for a visa or for adjust2 ment of status to special immigrant status under this clause (11),

3 and for periods totaling at least 15 years before the date of the

4 officer’s or employee’s retirement from the international organiza5 tion; and

6 (iii) files a petition for special immigrant status under this

7 clause (11) not later than April 25, 1995, or 6 months after the

8 date of retirement, whichever is later; and

9 (B) the immigrant’s spouse if accompanying or following to join the

10 immigrant as a member of the immediate family.

11 (12) an immigrant—

12 (A) who has been declared a dependent of a juvenile court in

13 the United States or whom a juvenile court in the United States

14 has committed to, or placed in custody of, an authority or depart15 ment of a State and who has been found eligible by that court for

16 long-term foster care; and

17 (B) for whom it has been decided in an administrative or judi18 cial proceeding that it would not be in the alien’s best interest to

19 be returned to the alien’s or alien’s parent’s previous country of

20 nationality or country of last habitual residence.

21 (13)(A) an immigrant who—

22 (i) after October 15, 1978, and after original lawful enlistment

23 outside the United States under a treaty or agreement in effect

24 on October 1, 1991, has served honorably on active duty in the

25 armed forces of the United States for—

26 (I) 12 years and, if separated from the service, was sepa27 rated only under honorable conditions; or

28 (II) 6 years if the immigrant is on active duty when seek29 ing special immigrant status under this clause (13) and has

30 reenlisted to incur a total active duty obligation of at least

31 12 years; and

32 (ii) is recommended by the head of the executive department

33 under which the immigrant has served to receive special immigrant

34 status under this clause (13); and

35 (B) the immigrant’s spouse and children if accompanying or follow36 ing to join the immigrant.

37 (b) TEMPORARY ABSENCES UNDER SUBSECTION (a)(9)–(11).—An alien

38 who is a present or former officer or employee of an international organiza39 tion, or is the surviving spouse, unmarried son, or unmarried daughter of

40 a present or former officer or employee, is deemed under subsection (a)(9)–

41 (11) of this section to be residing and physically present in the United
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1 States during a period in which the alien is residing in, but absent from,

2 the United States if—

3 (1) the alien is absent because of the officer’s or employee’s need to

4 conduct official business for the organization or because of customary

5 leave; and

6 (2) during the absence—

7 (A) the officer or employee continues to have a duty station in

8 the United States; and

9 (B) with respect to an unmarried son or daughter, the son or

10 daughter is not enrolled in a school outside the United States.

11 § 135. Spouse, wife, and husband

12 In this title, ‘‘spouse’’, ‘‘wife’’, and ‘‘husband’’ do not include a spouse,

13 wife, or husband by a marriage ceremony during which both parties were

14 not physically present, unless the parties consummated the marriage.

15 § 136. State

16 In this title (except subchapter I of chapter 5, subchapters II and III of

17 chapter 131, and chapters 133 and 135), ‘‘State’’ means a State of the

18 United States, the District of Columbia, Puerto Rico, Guam, and the Virgin

19 Islands.

20 § 137. Totalitarian dictatorship

21 In this title, ‘‘totalitarian dictatorship’’ means a system of government

22 that is not representative and is characterized by—

23 (1) the existence of a single political party, organized on a dictatorial

24 basis, whose policies are so closely identified with the governmental

25 policies that the party and the government are indistinguishable; and

26 (2) the forcible suppression of opposition to the party.

27 § 138. Totalitarian party

28 In this title, ‘‘totalitarian party’’ means an organization advocating the

29 establishment of a totalitarian dictatorship in the United States.

30 § 139. United States

31 In this title (except subchapter I of chapter 5, subchapters II and III of

32 chapter 131, chapters 133–137, and section 13902), ‘‘United States’’ means

33 the States of the United States, the District of Columbia, Puerto Rico,

34 Guam, and the Virgin Islands.

35 § 140. Unmarried

36 In this title, ‘‘unmarried’’, when used in reference to an individual as of

37 a particular time, means an individual who was not married at that time,

38 even if previously married.

39 § 141. Visa

40 In this title, ‘‘visa’’ means an unexpired visa issued under section 2123

41 or 4313 of this title.
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1 CHAPTER 3—ORGANIZATION AND ADMINISTRATION

SUBCHAPTER I—DEPARTMENT OF JUSTICE

Sec.

301. General authority of the Attorney General.

302. Immigration and Naturalization Service.

303. Oaths and testimony.

304. Enforcement authority.

305. Local jurisdiction over immigrant stations.

306. Records on aliens.

307. Information about transporting alien females for prostitution and debauchery.

308. Working hours and premium pay for officers and employees of the Immigration and

Naturalization Service.

309. Providing immigration services for scheduled flights.

310. Reimbursement for immigration inspection services.

311. Travel expenses and expenses of interment.

312. Providing services and articles at immigrant stations.

313. Operation of photographic studios by welfare organizations.

314. Crediting appropriations.

315. Interest on immigration bonds.

316. Breached Bond/Detention Fund.

317. Immigration User Fee Account.

318. Immigration Examinations Fee Account.

319. Land border inspection fees.

320. Advisory committee on inspection services.

321. Immigration emergency fund.

322. Reports.

323. Information system on impact of immigration laws.

324. Information about criminal aliens.

325. Acceptance of State assistance for transporting deportable criminal aliens.

SUBCHAPTER II—DEPARTMENT OF STATE

341. General authority of the Secretary of State.

342. Administrator.

343. Passport Office, Visa Office, and other offices.

344. Sharing information about foreign traffickers in controlled substances.

345. Automated Visa Lookout System.

346. Surcharge for processing machine readable visas.

SUBCHAPTER III—MISCELLANEOUS

351. Liaison with internal security officers.

352. Confidentiality of records and proof of nonexistence.

353. Disposition of receipts.

354. Triennial immigration-impact report.

355. Setting immigration adjudication and naturalization fees.

2 SUBCHAPTER I—DEPARTMENT OF JUSTICE

3 § 301. General authority of the Attorney General

4 (a) GENERAL AUTHORITY.—(1) Except as otherwise provided by law, the

5 Attorney General shall carry out this title and other immigration laws. The

6 Attorney General’s decision and ruling on a question of law is controlling.

7 (2) The Attorney General may prescribe regulations and forms of bonds

8 to carry out the duties and powers of the Attorney General under this title.

9 (b) CONTROL OF BORDERS.—The Attorney General shall control the bor10 ders of the United States against the unlawful entry of aliens.

11 (c) DELEGATION TO OTHER AGENCIES.—In carrying out this title, the

12 Attorney General, with the consent of the head of an agency, may require

13 or authorize an officer or employee of the agency to carry out a duty or
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1 power of an officer or employee of the Immigration and Naturalization Serv2 ice.

3 (d) ESTABLISHMENT OF OFFICES IN FOREIGN COUNTRIES.—The Attor4 ney General—

5 (1) with the concurrence of the Secretary of State, may establish an

6 office of the Service in a foreign country; and

7 (2) after consulting with the Secretary, may detail an officer or em8 ployee of the Service for duty in a foreign country when the Attorney

9 General considers the detail necessary to carry out this title.

10 (e) PLACES OF DETENTION.—The Attorney General shall arrange for ap11 propriate places of detention for aliens detained pending deportation or a

12 decision on deportation. When United States Government facilities are un13 available or facilities adapted or suitably located for detention are unavail14 able for rental, the Attorney General may expend from the appropriation

15 ‘‘Immigration and Naturalization Service—Salaries and Expenses’’, without

16 regard to section 3709 of the Revised Statutes (41 U.S.C. 5), amounts nec17 essary to acquire land and to acquire, build, remodel, repair, and operate

18 facilities (including living quarters for immigration officers if not otherwise

19 available) necessary for detention.

20 § 302. Immigration and Naturalization Service

21 (a) ORGANIZATION.—The Immigration and Naturalization Service is a

22 service in the Department of Justice.

23 (b) COMMISSIONER OF IMMIGRATION AND NATURALIZATION.—The head

24 of the Service is the Commissioner of Immigration and Naturalization. The

25 Commissioner is appointed by the President, by and with the advice and

26 consent of the Senate. The Commissioner must be a citizen of the United

27 States.

28 (c) GENERAL AUTHORITY OF THE COMMISSIONER.—The Commissioner

29 shall—

30 (1) carry out duties and powers prescribed by the Attorney General;

31 and

32 (2) maintain direct and continuous liaison with the Administrator

33 designated under section 342 of this title to carry out the immigration

34 and nationality laws in a coordinated, uniform, and efficient way.

35 (d) OFFICE, RECORDS, AND FACILITIES.—The Attorney General shall

36 provide the Commissioner with a suitable office in the District of Columbia

37 and records and facilities necessary to carry out the Commissioner’s duties

38 and powers.

39 (e) AVAILABILITY OF APPROPRIATION.—The appropriation ‘‘Immigration

40 and Naturalization Service—Salaries and Expenses’’ is available to pay for

41 the following:
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1 (1) the costs of hiring privately owned horses for use on official busi2 ness, under contract with officers or employees of the Service.

3 (2) the pay of interpreters and translators who are not citizens of

4 the United States.

5 (3) the costs of distributing citizenship textbooks to aliens without

6 charge to the aliens.

7 (4) at a rate specified by the applicable appropriation law, allowances

8 to aliens for work performed when held in custody under the immigra9 tion laws.

10 (5) if authorized by an appropriation law, spending by the Attorney

11 General for unforeseen emergencies of a confidential character.

12 (f) CERTIFICATE FOR CONFIDENTIAL EXPENDITURES.—The Attorney

13 General shall make a certificate for any amount of expenditures under sub14 section (e)(5) of this section that the Attorney General considers advisable

15 not to specify. The certificate is a sufficient voucher that the amount stated

16 was expended.

17 § 303. Oaths and testimony

18 (a) GENERAL.—In carrying out this title, the Attorney General, immigra19 tion officers, other officers and employees of the Immigration and Natu20 ralization Service designated by the Attorney General, and immigration

21 judges may—

22 (1) administer oaths;

23 (2) take evidence; and

24 (3) subpena witnesses to testify and produce records.

25 (b) ENFORCEMENT OF SUBPENAS.—If a witness disobeys a subpena is26 sued under subsection (a) of this section, the Attorney General, immigration

27 officer, designated officer or employee of the Service, or immigration judge

28 may bring a civil action to enforce the subpena in the district court of the

29 United States for the judicial district in which the proceeding is being con30 ducted, or, if the subpena is related to an application for naturalization, in

31 any district court of the United States. The court may issue an order to

32 obey the subpena and punish a refusal to obey as a contempt of court.

33 (c) DEPOSITIONS.—An officer or employee of the Service designated by

34 the Attorney General may take a deposition without charge on a matter re35 lated to carrying out a naturalization or citizenship law. In a case involving

36 a likelihood of hardship or unusual delay, the Attorney General may author37 ize the deposition to be taken before a postmaster without charge or before

38 an individual authorized to administer oaths for general purposes.
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1 § 304. Enforcement authority

2 (a) CARRYING FIREARMS AND SERVING AND EXECUTING PROCESS.—

3 Under regulations prescribed by the Attorney General, an officer or em4 ployee of the Immigration and Naturalization Service may—

5 (1) carry a firearm; and

6 (2) serve and execute an order, warrant, subpena, summons, or other

7 process issued under the authority of the United States Government.

8 (b) AUTHORITY WITHOUT WARRANT.—An officer or employee of the

9 Service authorized by regulations prescribed by the Attorney General may,

10 without a warrant—

11 (1) interrogate an individual believed to be an alien about the indi12 vidual’s right to be or remain in the United States;

13 (2) search an individual seeking admission to the United States and

14 the personal effects in the possession of the individual if the officer or

15 employee has reason to suspect that the search will disclose grounds

16 for excluding the individual from the United States;

17 (3) board a vehicle, aircraft, or other conveyance within a reasonable

18 distance from a United States border, or board a vessel within the ter19 ritorial waters of the United States, to search for aliens;

20 (4) within 25 miles from a United States border, have access to pri21 vate land (but not a dwelling) to patrol the border to prevent the un22 lawful entry of aliens;

23 (5) arrest an alien who, in the presence or view of the officer or em24 ployee, is trying to enter the United States unlawfully, or arrest an

25 alien in the United States who the officer or employee has reason to

26 believe is in the United States unlawfully and is likely to escape before

27 a warrant for the alien’s arrest can be obtained, but the alien arrested

28 shall be taken without unnecessary delay for examination before an im29 migration officer having authority to examine aliens as to their right

30 to enter or remain in the United States;

31 (6) arrest a person for an offense against the United States if—

32 (A) the officer or employee is performing duties related to en33 forcement of the immigration laws at the time of the arrest;

34 (B) the offense is committed in the presence of the officer or

35 employee; and

36 (C) the person is likely to escape before a warrant for the per37 son’s arrest can be obtained;

38 (7) arrest a person for a felony against the United States under a

39 law of the United States regulating the admission, exclusion, or depor40 tation of aliens if—
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1 (A) the officer or employee has reason to believe the person has

2 committed the felony; and

3 (B) the person is likely to escape before a warrant for the per4 son’s arrest can be obtained; and

5 (8) arrest a person for any other felony against the United States

6 if—

7 (A) the officer or employee is performing duties related to en8 forcement of the immigration laws at the time of the arrest;

9 (B) the officer or employee has reason to believe the person is

10 committing or has committed the felony;

11 (C) the person is likely to escape before a warrant for the per12 son’s arrest can be obtained; and

13 (D) the officer or employee has received certification of comple14 tion of a training program as required under subsection (d) of this

15 section.

16 (c) RESTRICTION ON WARRANTLESS ENTRY OF OUTDOOR AGRICUL17 TURAL OPERATIONS.—Except as provided in subsection (b)(4) of this sec18 tion, an officer or employee of the Service may not enter the premises of

19 a farm or other outdoor agricultural operation, without a warrant or the

20 consent of the owner or owner’s agent, to interrogate an individual believed

21 to be an alien about the individual’s right to be or remain in the United

22 States.

23 (d) REGULATIONS ON ENFORCEMENT ACTIVITIES.—An arrest may be

24 made under subsection (b)(8) of this section only on and after the date the

25 Attorney General prescribes final regulations that specify—

26 (1) the categories of officers and employees of the Service who may

27 use force (including deadly force) and the circumstances under which

28 the force may be used;

29 (2) standards for enforcement activities of the Service;

30 (3) a requirement that, before an officer or employee may make an

31 arrest under subsection (b)(8) of this section, the officer or employee

32 has received certification of completion of a training program covering

33 the arrests and the standards described in clause (2) of this subsection;

34 and

35 (4) an expedited, internal review process for violations of the stand36 ards, consistent with standard agency procedure regarding confidential37 ity of matters related to internal investigations.

38 (e) DETAINING ALIENS FOR CONTROLLED SUBSTANCES VIOLATIONS.—

39 (1) The Attorney General shall decide promptly whether to issue a detainer

40 to detain an alien if any United States, State, or local law enforcement offi41 cial—
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1 (A) arrests an alien for violating a law related to controlled sub2 stances;

3 (B) has reason to believe that the alien is in the United States un4 lawfully;

5 (C) expeditiously informs the Attorney General of the arrest and of

6 facts about the alien’s status; and

7 (D) requests the Attorney General to issue the detainer.

8 (2) If the detainer is issued and the alien is not otherwise detained by

9 a United States, State, or local law enforcement official, the Attorney Gen10 eral shall take custody of the alien expeditiously.

11 § 305. Local jurisdiction over immigrant stations

12 A law enforcement official responsible for enforcing the law of a State,

13 territory, or possession of the United States in which an immigrant station

14 is located has jurisdiction over the station and may enter the station to pre15 serve the peace and make arrests for offenses under the laws of the State,

16 territory, or possession. A court of the State, territory, or possession has

17 jurisdiction over the immigrant station on a matter related to the enforce18 ment of the law of the State, territory, or possession.

19 § 306. Records on aliens

20 (a) CENTRAL FILE ON ALIENS.—For the use of security and enforcement

21 agencies of the United States Government, the Attorney General shall main22 tain in the Immigration and Naturalization Service a central file on aliens

23 that is based on the records of the Service. The file shall contain—

24 (1) the name of each alien admitted to or excluded from the United

25 States;

26 (2) the name of the alien’s sponsor of record; and

27 (3) other information relevant to the enforcement of this title that

28 the Attorney General may require.

29 (b) PROVIDING INFORMATION TO THE ATTORNEY GENERAL.—On request

30 of the Attorney General—

31 (1) the head of an agency shall provide the Attorney General with

32 information in the records of the agency about the identity and location

33 of an alien in the United States; and

34 (2) the Commissioner of Social Security shall notify the Attorney

35 General when an alien is issued a social security account number.

36 § 307. Information about transporting alien females for

37 prostitution and debauchery

38 To prevent the transportation in foreign commerce of alien females for

39 prostitution and debauchery, and to carry out the arrangement adopted July

40 25, 1902, for the suppression of white-slave traffic, the Attorney General

41 shall—
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1 (1) maintain a central file of information about the procurement of

2 alien females for prostitution and debauchery;

3 (2) establish the identity of the alien females, take statements they

4 may make, ascertain who induced them to leave their native countries,

5 and supervise the females; and

6 (3) receive statements filed under this section and section 2424 of

7 title 18, and provide receipts to individuals filing the statements.

8 § 308. Working hours and premium pay for officers and em9 ployees of the Immigration and Naturalization

10 Service

11 (a) REGULATING WORKING HOURS.—The Attorney General may regulate

12 the working hours of officers and employees of the Immigration and Natu13 ralization Service performing work at a port to coincide with the customary

14 working hours at that port. This subsection does not change the length of

15 a working day or the rate provided in subsection (b) of this section.

16 (b) PREMIUM PAY RATES.—An officer or employee of the Service per17 forming work related to the inspection and landing of passengers and crew

18 of a vessel, aircraft, or vehicle arriving in the United States from a foreign

19 port is entitled to premium pay at the following rates:

20 (1) For overtime work, the rate is one-half day’s pay for each 2

21 hours (or part of a 2-hour period of at least one hour), but the total

22 pay for the period between the end of the individual’s regular shift and

23 the beginning of the individual’s next regular shift may not be more

24 than 2.5 days’ pay.

25 (2) For work on a Sunday or holiday, the rate is 2 days’ pay.

26 (c) METHOD OF PAYMENT.—(1) Except as provided in section 80503 of

27 title 49, when an officer or employee of the Service performs work referred

28 to in subsection (b) of this section, the master, owner, agent, or consignee

29 of the vessel, aircraft, or vehicle shall pay to the Attorney General an

30 amount equal to the pay to which the officer or employee is entitled under

31 subsection (b). The amount shall be paid if the officer or employee was or32 dered to report for work and did report, even if an inspection did not take

33 place. However, this paragraph does not apply to an inspection, at a des34 ignated port of entry, of passengers arriving by an international ferry,

35 bridge, or tunnel, or by a vessel on the Great Lakes and connecting water36 ways, an aircraft, or a vehicle, when the vessel, aircraft, or vehicle is operat37 ing on a regular schedule.

38 (2) The Attorney General shall deposit in the Treasury an amount paid

39 under this subsection. The amount shall be credited to the appropriation

40 ‘‘Immigration and Naturalization Service—Salaries and Expenses’’. The
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1 amount credited to the appropriation is available for payment of the over2 time, Sunday, and holiday pay.

3 § 309. Providing immigration services for scheduled flights

4 Notwithstanding section 308(c)(1) of this title or any other law, the im5 migration services required to be provided to passengers on arrival in the

6 United States on a scheduled flight shall be provided adequately, not later

7 than 45 minutes after their presentation for inspection, when needed and

8 at no cost to the air carrier or passengers, except for the fee specified in

9 section 6909(a) of this title, at—

10 (1) airports at which immigration services are provided; and

11 (2) places outside the United States at which an immigration officer

12 is stationed to provide immigration services.

13 § 310. Reimbursement for immigration inspection services

14 (a) INSPECTIONS IN FOREIGN CONTIGUOUS TERRITORIES.—Section 209

15 of title 18 does not prohibit reimbursement for the services of an immigra16 tion officer related to inspecting aliens in a foreign contiguous territory. The

17 reimbursement shall be credited to the appropriation ‘‘Immigration and

18 Naturalization Service—Salaries and Expenses’’.

19 (b) REQUESTED INSPECTION SERVICES.—The Attorney General may re20 ceive reimbursement from the owner, operator, or agent of a private or com21 mercial vessel or aircraft, or from a seaport or airport authority, for ex22 penses incurred by the Attorney General in providing immigration inspec23 tion services requested by the owner, operator, agent, or authority, including

24 the salaries and expenses of individuals employed by the Attorney General

25 to provide the services. The Attorney General’s authority to receive reim26 bursement under this section ends as soon as an amount is appropriated

27 to provide the services.

28 § 311. Travel expenses and expenses of interment

29 (a) TRAVEL EXPENSES.—Under regulations prescribed by the Attorney

30 General, an officer or employee of the Immigration and Naturalization Serv31 ice is entitled to travel expenses when the officer or employee—

32 (1) is ordered to carry out duties and powers in a foreign country;

33 (2) is transferred from one station to another in the United States

34 or in a foreign country; or

35 (3) in carrying out duties and powers in a foreign country, becomes

36 eligible for voluntary retirement and returns to the United States.

37 (b) EXPENSES OF TRANSPORTING SPOUSE, CHILDREN, AND PROP38 ERTY.—The Attorney General may reimburse an officer or employee de39 scribed in subsection (a) of this section for expenses incurred in transport40 ing the officer’s or employee’s spouse, dependent children, and personal

41 property, including (as provided under subchapter II of chapter 57 of title
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1 5) the expenses for packing, crating, freight, unpacking, temporary storage,

2 and drayage.

3 (c) EXPENSES OF INTERMENT.—When an officer or employee of the

4 Service dies when in, or in transit to, a foreign country on official business,

5 the Attorney General may pay the ordinary and necessary expenses of inter6 ment.

7 § 312. Providing services and articles at immigrant stations

8 (a) AWARDING CONTRACTS.—Subject to section 3709 of the Revised

9 Statutes (41 U.S.C. 5), the Attorney General may award an exclusive con10 tract to provide money exchange services, to transport passengers or bag11 gage, to provide food and eating facilities, or to provide similar services at

12 an immigrant station only to the lowest responsible and capable bidder (ex13 cept an alien). The Attorney General may charge a reasonable rental for

14 the use of United States Government property in providing the services.

15 However, the Attorney General may provide a necessary service at an immi16 grant station if the Attorney General finds that it would be more economical

17 and efficient.

18 (b) SALE OF NECESSARY ARTICLES BY THE ATTORNEY GENERAL.—If

19 aliens detained at an immigrant station cannot readily obtain articles that

20 the Attorney General decides are necessary to their health and welfare, the

21 Attorney General may sell the articles to the aliens at reasonable prices

22 through canteens operated by the Attorney General.

23 (c) INTOXICATING LIQUORS.—Intoxicating liquors may not be sold at an

24 immigrant station.

25 (d) DEPOSIT OF AMOUNTS RECEIVED.—The Attorney General shall de26 posit amounts received under this section in the Treasury to the credit of

27 the appropriation ‘‘Immigration and Naturalization Service—Salaries and

28 Expenses’’.

29 § 313. Operation of photographic studios by welfare organi30 zations

31 On recommendation of the Attorney General, an officer or employee in

32 charge of property owned or leased by the United States Government may

33 provide space, without payment of rent, in a building occupied by the Immi34 gration and Naturalization Service, for a photographic studio operated by

35 a welfare organization without profit and only for the benefit of individuals

36 seeking to comply with the immigration and nationality laws. The Attorney

37 General shall supervise a studio operated under this section.

38 § 314. Crediting appropriations

39 (a) LANDING STATIONS.—Amounts deposited in the Treasury to reim40 burse the Immigration and Naturalization Service for expenses paid by the

41 Service from the appropriation ‘‘Immigration and Naturalization Service—
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1 Salaries and Expenses’’ for a landing station referred to in section 6905(c)

2 of this title and for detained aliens shall be credited to that appropriation

3 for the fiscal year in which the expenses were incurred.

4 (b) AMOUNTS RECOVERED AFTER BUYING EVIDENCE.—Amounts ex5 pended from the appropriation ‘‘Immigration and Naturalization Service—

6 Salaries and Expenses’’ to buy evidence and later recovered shall be credited

7 to that appropriation for the fiscal year in which the recovery is made.

8 (c) INCREASED PENALTIES RESULTING FROM CERTAIN AMENDMENTS.—

9 Notwithstanding section 3302 of title 31, the amounts collected from the

10 increase in penalties resulting from the amendments made by sections

11 203(b), 543(a), and 544 of the Immigration Act of 1990 (Public Law 101–

12 649, 104 Stat. 5018, 5057, 5059) shall be credited to the appropriation—

13 (1) ‘‘Immigration and Naturalization Service—Salaries and Ex14 penses’’ for activities that enhance enforcement of subtitles I–III of

15 this title (except subchapter I of chapter 5), including—

16 (A) identifying, investigating, and apprehending criminal aliens;

17 (B) implementing the system described in section 324(a) of this

18 title; and

19 (C) repairing, maintaining, or constructing, on the United

20 States border in areas experiencing high levels of apprehensions of

21 illegal aliens, structures to deter illegal entry into the United

22 States; and

23 (2) for the Executive Office for Immigration Review in the Depart24 ment of Justice to remove the backlogs in preparing transcripts of de25 portation proceedings conducted under section 6532 of this title.

26 § 315. Interest on immigration bonds

27 (a) EARNING OF INTEREST.—The Attorney General shall deposit in the

28 Treasury cash received as security on an immigration bond, with the cash

29 to be held in trust for the obligor on the bond. The cash shall earn interest

30 at a rate the Secretary of the Treasury prescribes, but the rate may not

31 be more than 3 percent a year. Interest shall accrue from the date of de32 posit through the date of withdrawal or the date of breach of the bond,

33 whichever is earlier. However, cash received as security on an immigration

34 bond and deposited by the Attorney General in the postal savings system

35 discontinued on April 27, 1966, shall earn interest under this subsection

36 from the date the cash stopped earning interest under the system. Appro37 priations to the Department of the Treasury for interest on uninvested

38 amounts are available for payment of the interest.

39 (b) DISPOSITION OF INTEREST.—Interest earned under this section shall

40 be disposed of in the same way as the principal, except that interest earned

41 before the date of a breach shall be paid to the obligor on the bond.
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1 § 316. Breached Bond/Detention Fund

2 (a) ESTABLISHMENT.—There is a separate account in the Treasury

3 known as the ‘‘Breached Bond/Detention Fund’’.

4 (b) REFUNDS.—(1) At least quarterly, the Secretary of the Treasury

5 shall refund amounts from the Fund to the Immigration and Naturalization

6 Service for—

7 (A) expenses incurred in collecting breached bonds; and

8 (B) expenses associated with the detention of illegal aliens.

9 (2) The amount required to be refunded for each fiscal year shall be re10 funded in accordance with estimates made in the budget request of the At11 torney General for that fiscal year. However, any proposed change in the

12 amount designated in the budget request may be made only after notifica13 tion to the Committees on Appropriations of the House of Representatives

14 and the Senate under section 606 of the Departments of Commerce, Jus15 tice, and State, the Judiciary, and Related Agencies Appropriations Act,

16 1993 (Public Law 102–395, 106 Stat. 1873).

17 (c) DEPOSITS.—All breached cash and surety bonds, more than

18 $8,000,000, posted under this title and recovered by the Attorney General

19 shall be deposited in the Fund as offsetting receipts.

20 (d) AVAILABILITY OF AMOUNTS.—Amounts deposited in the Fund remain

21 available until expended.

22 (e) REPORTS.—The Attorney General shall submit annually to Congress

23 a statement on the financial condition of the Fund, including the beginning

24 balance, receipts, refunds to appropriations, transfers to the general fund,

25 and the ending balance.

26 § 317. Immigration User Fee Account

27 (a) ESTABLISHMENT.—There is a separate account in the Treasury

28 known as the ‘‘Immigration User Fee Account’’.

29 (b) REFUNDS.—(1) The Secretary of the Treasury shall refund out of the

30 Account to any appropriation the amount paid out of that appropriation for

31 expenses incurred by the Attorney General in—

32 (A) providing immigration inspection and preinspection services for

33 a commercial vessel or aircraft;

34 (B) providing overtime, Sunday, or holiday immigration inspection

35 services for a commercial vessel or aircraft;

36 (C) administering debt recovery, including establishing and operating

37 a national collections office;

38 (D) expanding, operating, and maintaining information systems for

39 nonimmigrant control and debt collection;

40 (E) detecting fraudulent documents used by passengers traveling to

41 the United States;
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1 (F) providing detention and deportation services for an excludable

2 alien—

3 (i) arriving on a commercial vessel or aircraft; or

4 (ii) attempting to enter illegally by avoiding immigration inspec5 tion at an air or sea port of entry; and

6 (G) providing exclusion and asylum proceedings at an air or sea port

7 of entry for an excludable alien—

8 (i) arriving on a commercial vessel or aircraft, including provid9 ing exclusion proceedings resulting from presentation of fraudulent

10 documentation or failure to present documentation; or

11 (ii) attempting to enter illegally by avoiding immigration inspec12 tion at an air or sea port of entry.

13 (2) Amounts required to be refunded under paragraph (1) of this sub14 section shall be refunded at least quarterly on the basis of estimates, made

15 by the Attorney General, of the expenses referred to in paragraph (1). Prop16 er adjustments shall be made in the amounts subsequently refunded under

17 paragraph (1) to the extent prior estimates were more or less than the

18 amount required to be refunded.

19 (c) DEPOSITS.—The following shall be deposited in the Account:

20 (1) fees collected under section 6909 of this title, deposited as offset21 ting receipts.

22 (2) civil penalties collected under sections 10120, 10122, and 10123

23 of this title.

24 (3) liquidated damages and expenses collected under this title.

25 (d) AVAILABILITY OF AMOUNTS.—Amounts deposited in the Account

26 under subsection (c)(1) of this section remain available until expended.

27 (e) REPORTS.—(1) At the end of each 2-year period beginning with the

28 establishment of the Account, the Attorney General, following a public rule29 making with notice and an opportunity for comment, shall submit a report

30 to Congress—

31 (A) describing the status of the Account, including the balance; and

32 (B) recommending any change in the fee specified in section 6909(a)

33 of this title to ensure that amounts collected from the fee for the suc34 ceeding 2 years equal, as closely as possible, the cost of providing the

35 services for which the fee is charged.

36 (2) In addition to the reporting requirement under paragraph (1) of this

37 subsection, the Attorney General shall submit to Congress not later than

38 March 31 of each year a statement showing—

39 (A) the financial condition of the Account, including the beginning

40 balance, revenues, withdrawals and their purpose, the ending balance,

41 projections for the next fiscal year, and a complete workload analysis
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1 showing on a port-by-port basis the current and projected need for in2 spectors; and

3 (B) the success rate of the Immigration and Naturalization Service

4 in meeting the 45-minute inspection standard imposed by section 309

5 of this title, detailed statistics on the number of passengers inspected

6 within the standard, progress being made to expand the use of United

7 States citizen by-pass, the number of passengers for whom the stand8 ard is not met and the length of their delay, locational breakdown of

9 these statistics, and the steps being taken to correct any nonconform10 ity.

11 § 318. Immigration Examinations Fee Account

12 (a) ESTABLISHMENT.—There is a separate account in the Treasury

13 known as the ‘‘Immigration Examinations Fee Account’’.

14 (b) USE OF AMOUNTS.—Amounts in the Account are available to the At15 torney General to reimburse any appropriation by the amount paid from

16 that appropriation for expenses in—

17 (1) providing immigration adjudication and naturalization services;

18 and

19 (2) collecting, safeguarding, and accounting for fees deposited in,

20 and amounts reimbursed from, the Account.

21 (c) DEPOSITS.—Immigration adjudication fees designated by the Attorney

22 General by regulation shall be deposited as offsetting receipts in the Ac23 count, whether collected directly by the Attorney General or through clerks

24 of courts. However, fees the Attorney General receives from applicants re25 siding in the Virgin Islands or Guam shall be paid to the treasury of the

26 Virgin Islands or the treasury of Guam, respectively.

27 (d) AVAILABILITY OF AMOUNTS.—Amounts deposited in the Account re28 main available to the Attorney General until expended.

29 (e) REPORTS.—The Attorney General shall submit annually to Congress

30 a statement on the financial condition of the Account, including the begin31 ning balance, revenues, withdrawals, the ending balance, and projections for

32 the next fiscal year.

33 § 319. Land border inspection fees

34 (a) FEE AUTHORITY.—The Attorney General may establish, by regula35 tion, a project under which a fee may be charged and collected for inspec36 tion services at land border places of entry in California and on the north37 ern border of the United States. The project may include commuter lanes

38 to be made available to qualified citizens of the United States and aliens,

39 as the Attorney General decides. Fees collected under this subsection shall

40 be deposited as offsetting receipts in the Account established under sub41 section (b)(1) of this section.
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1 (b) LAND BORDER INSPECTION FEE ACCOUNT.—(1) There is a separate

2 account in the Treasury known as the ‘‘Land Border Inspection Fee Ac3 count’’.

4 (2) At least quarterly, the Secretary of the Treasury shall refund out of

5 the Account to any appropriation amounts for expenses incurred in provid6 ing inspection services at land border places of entry in California and on

7 the northern border of the United States, including expenses of—

8 (A) providing overtime inspection services;

9 (B) expanding, operating, and maintaining information systems for

10 nonimmigrant control;

11 (C) employing additional permanent and temporary inspectors;

12 (D) minor construction costs associated with the addition of new

13 traffic lanes (with the concurrence of the Administrator of General

14 Services);

15 (E) detecting fraudulent documents used by passengers traveling to

16 the United States; and

17 (F) administering the Account.

18 (3) Amounts required to be refunded from the Account for each fiscal

19 year shall be refunded in accordance with estimates made in the budget re20 quest of the Attorney General for that fiscal year. However, any proposed

21 change in the amount designated in the budget request may be made only

22 after notification to the Committees on Appropriations of the House of Rep23 resentatives and the Senate under section 606 of the Departments of Com24 merce, Justice, and State, the Judiciary, and Related Agencies Appropria25 tions Act, 1990 (Public Law 101–162, 103 Stat. 1031).

26 (c) AVAILABILITY OF AMOUNTS.—Amounts deposited in the Account re27 main available until expended.

28 (d) REPORTS.—(1) The Attorney General shall submit annually to Con29 gress a statement on the financial condition of the Account, including the

30 beginning balance, revenues, withdrawals, the ending balance, and projec31 tions for the next fiscal year.

32 (2) The Attorney General shall submit quarterly to Congress a status re33 port on the project.

34 (e) EXPIRATION.—This section expires on September 30, 1996.

35 § 320. Advisory committee on inspection services

36 (a) ESTABLISHMENT.—The Attorney General shall establish an advisory

37 committee consisting of representatives from air carriers and other modes

38 of transportation that may be subject to a fee authorized by law or proposed

39 by the Immigration and Naturalization Service to cover expenses incurred

40 by the Service.
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1 (b) MEETINGS AND ADVICE.—The advisory committee shall meet on a

2 periodic basis and advise the Attorney General on issues related to the per3 formance of the inspection services of the Immigration and Naturalization

4 Service. This advice shall include such issues as the time periods during

5 which the services should be performed, the proper number and deployment

6 of inspection officers, the level of fees, and the appropriateness of any pro7 posed fee. The Attorney General shall give substantial consideration to the

8 views of the committee.

9 § 321. Immigration emergency fund

10 (a) ESTABLISHMENT.—There is an immigration emergency fund in the

11 Treasury.

12 (b) USES.—(1) Amounts in the fund may be used—

13 (A) to provide for an increase in border patrol or other enforcement

14 activities of the Immigration and Naturalization Service;

15 (B) to reimburse State and local governments for providing assist16 ance requested by the Attorney General in meeting an immigration

17 emergency, but only if the President has decided that an emergency ex18 ists and has certified the existence of the emergency to the Committees

19 on the Judiciary of the House of Representatives and the Senate; and

20 (C) subject to paragraphs (2)–(4) of this subsection, to reimburse

21 State and local governments for providing assistance required by the

22 Attorney General, without the need for a decision by the President that

23 an emergency exists—

24 (i) when a district director of the Service certifies to the Com25 missioner of Immigration and Naturalization that the number of

26 asylum applications filed in the director’s district during a cal27 endar quarter is at least 1,000 more than the number of asylum

28 applications filed in that district during the prior calendar quarter;

29 (ii) when the lives, property, safety, or welfare of the residents

30 of a State or locality are endangered; or

31 (iii) in other circumstances that the Attorney General decides.

32 (2) Providing parole at a place of entry in a district shall be counted,

33 under paragraph (1)(C)(i) of this subsection, as filing an application for

34 asylum in that district.

35 (3) Not more than $20,000,000 may be made available for all State and

36 local governments under paragraph (1)(C) of this subsection.

37 (4) A State or local government seeking reimbursement under paragraph

38 (1)(C) of this subsection must file an application with the Attorney General.

39 The Attorney General shall make a decision on the application not later

40 than 15 days after receiving the application.
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1 (c) REGULATIONS.—The Attorney General shall prescribe regulations to

2 carry out this section including a delineation of—

3 (1) scenarios that constitute an immigration emergency;

4 (2) the process by which the President declares an immigration

5 emergency;

6 (3) the role of the chief executive officer of a State and local officials

7 of that State in requesting a declaration of emergency;

8 (4) a definition of ‘‘assistance required by the Attorney General’’ in

9 subsection (b)(1)(C) of this subsection;

10 (5) the process by which State and local governments are reim11 bursed; and

12 (6) definitions of terms in subsection (b)(1)(C)(ii) of this section and

13 the term ‘‘in other circumstances’’ in subsection (b)(1)(C)(iii).

14 (d) AUTHORIZATION OF APPROPRIATIONS.—An amount may be appro15 priated to the fund each fiscal year so that the balance in the fund is

16 $35,000,000.

17 § 322. Reports

18 (a) REPORTS ON CERTAIN NONIMMIGRANTS.—Not later than April 1 of

19 each year, the Attorney General shall submit to the Committees on the Ju20 diciary of the House of Representatives and the Senate a report describing

21 for each class under sections 2313–2316, 2318–2320, and 2325 of this title

22 the following:

23 (1) the number of petitions filed.

24 (2) the number of petitions approved and the number of workers (by

25 occupation) included in the approved petitions.

26 (3) the number of petitions denied and the number of workers (by

27 occupation) requested in the denied petitions.

28 (4) the number of petitions withdrawn.

29 (5) the number of petitions pending final action.

30 (b) REPORTS ON NATURALIZATION STATISTICS.—(1) The Attorney Gen31 eral shall prepare annually, from the records of the Immigration and Natu32 ralization Service, a report in statistical form with analytical comment. The

33 report shall show by nationality—

34 (A) the relation between the number of aliens seeking citizenship of

35 the United States and the number of aliens arriving each year;

36 (B) the relation between the number of aliens seeking citizenship of

37 the United States and the prevailing census populations of the foreign

38 born; and

39 (C) the economic, vocational, and other classifications of aliens seek40 ing citizenship of the United States.
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1 (2) Payment for the equipment used in preparing the report under this

2 subsection shall be made from the appropriation ‘‘Immigration and Natu3 ralization Service—Salaries and Expenses’’.

4 § 323. Information system on impact of immigration laws

5 (a) ESTABLISHMENT.—In consultation with interested academicians, gov6 ernmental authorities, and other parties, the Attorney General shall provide

7 for a system to collect and disseminate information not in individually iden8 tifiable form that is useful in evaluating the social, economic, environmental,

9 and demographic impact of the immigration laws.

10 (b) TYPE OF INFORMATION TO BE COLLECTED AND DISSEMINATED.—

11 Information collected under subsection (a) of this section shall include infor12 mation on—

13 (1) the alien population in the United States;

14 (2) the rates of naturalization and emigration of resident aliens;

15 (3) aliens who have been admitted, paroled, or granted asylum;

16 (4) nonimmigrants in the United States (by occupation, basis for ad17 mission, and length of stay);

18 (5) aliens who have been excluded or deported from the United

19 States;

20 (6) the number of applications filed and granted for suspension of

21 deportation; and

22 (7) the number of aliens estimated to be present unlawfully in the

23 United States in each fiscal year.

24 (c) FREQUENCY OF COLLECTION AND DISSEMINATION AND RECIPIENTS

25 OF INFORMATION.—The system shall provide that information be collected

26 and disseminated at least annually to Congress and the public.

27 (d) REPORT.—The Attorney General shall submit annually to Congress

28 a report containing—

29 (1) a summary of information collected under subsection (a) of this

30 section;

31 (2) an analysis of trends in immigration and naturalization; and

32 (3) information on the number, and rate of denial administratively,

33 of applications for naturalization, for each district office of the Immi34 gration and Naturalization Service and by national origin group.

35 § 324. Information about criminal aliens

36 (a) ALIENS ARRESTED FOR OR CONVICTED OF AGGRAVATED FELO37 NIES.—(1) The Attorney General shall devise and carry out a system—

38 (A) to make the investigative resources of the Immigration and Nat39 uralization Service available, daily and on a 24-hour basis, to officers

40 and employees of the United States Government, States, and localities
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1 to decide whether an individual arrested by any of those officers or em2 ployees for an aggravated felony is an alien;

3 (B) to designate and train officers and employees of the Service in

4 each district to serve as liaison to law enforcement and correctional

5 agencies and courts of the Government, States, and localities in mat6 ters involving the arrest, conviction, and release of aliens charged with

7 aggravated felonies; and

8 (C) to maintain a current record, using computer resources, of aliens

9 who have been convicted after November 17, 1988, of aggravated felo10 nies and deported.

11 (2) The record referred to in paragraph (1)(C) of this subsection shall

12 be made available to inspectors at ports of entry and to border patrol agents

13 at sector headquarters to help immediately identify aliens who have been

14 convicted after November 17, 1988, of aggravated felonies and deported and

15 who are attempting to reenter the United States.

16 (b) CRIMINAL ALIEN TRACKING CENTER.—(1) The Attorney General

17 shall operate a criminal alien tracking center under subsection (a) of this

18 section.

19 (2) The following amounts may be appropriated to carry out this sub20 section:

21 (A) $3,400,000 for the fiscal year ending September 30, 1996.

22 (B) $3,600,000 for the fiscal year ending September 30, 1997.

23 (C) $3,700,000 for the fiscal year ending September 30, 1998.

24 (D) $3,800,000 for the fiscal year ending September 30, 1999.

25 (E) $3,900,000 for the fiscal year ending September 30, 2000.

26 § 325. Acceptance of State assistance for transporting de27 portable criminal aliens

28 (a) AUTHORITY.—Subject to subsection (b) of this section and notwith29 standing any other provision of law, the Attorney General may accept, hold,

30 administer, and use gifts of property and services (but not cash) from State

31 and local governments to assist the Immigration and Naturalization Service

32 in the transportation of deportable aliens who are arrested for misdemean33 ors or felonies under State or Federal law and who are unlawfully in the

34 United States or willing to submit to voluntary departure under safeguards.

35 Property acquired under this section shall be acquired in the name of the

36 United States Government.

37 (b) LIMITATION.—If the Attorney General decides that the exercise of the

38 authority under subsection (a) of this section has resulted in discrimination

39 by law enforcement officials on the basis of race, color, or national origin,

40 the Attorney General shall terminate the exercise of that authority.
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1 SUBCHAPTER II—DEPARTMENT OF STATE

2 § 341. General authority of the Secretary of State

3 (a) GENERAL AUTHORITY.—The Secretary of State shall carry out the

4 provisions of this title, and other immigration and nationality laws, related

5 to—

6 (1) duties and powers of the Administrator designated under section

7 342 of this title;

8 (2) duties and powers of diplomatic and consular officers, except du9 ties and powers of consular officers related to issuing and refusing to

10 issue visas; and

11 (3) a decision about the nationality of an individual not in the Unit12 ed States.

13 (b) DELEGATION TO OTHER AGENCIES.—In carrying out this title, the

14 Secretary, with the consent of the head of an agency, may require or au15 thorize an officer or employee of the agency to carry out a duty or power

16 of an officer or employee of the Department of State.

17 § 342. Administrator

18 (a) DESIGNATION.—The Secretary of State shall designate an Adminis19 trator. The Administrator must be a citizen of the United States and be

20 qualified by experience.

21 (b) DUTIES AND POWERS.—The Administrator shall—

22 (1) carry out duties and powers prescribed by the Secretary of State;

23 (2) maintain close liaison with the appropriate committees of Con24 gress to advise them on the administration of this title by consular offi25 cers; and

26 (3) maintain direct and continuous liaison with the Commissioner of

27 Immigration and Naturalization to carry out the immigration and na28 tionality laws in a coordinated, uniform, and efficient way.

29 § 343. Passport Office, Visa Office, and other offices

30 (a) GENERAL.—The Department of State has a Passport Office, a Visa

31 Office, and other offices the Secretary of State decides are appropriate. The

32 head of each office is a director. The Directors of the Passport Office and

33 the Visa Office must be experienced in carrying out the immigration and

34 nationality laws.

35 (b) FUNCTIONS.—The Passport Office carries out laws related to issuing

36 passports. The Visa Office carries out immigration laws related to issuing

37 visas.

38 (c) GENERAL COUNSEL OF VISA OFFICE.—The Visa Office has a General

39 Counsel appointed by the Secretary. The General Counsel serves under the

40 general direction of the Legal Adviser of the Department. The General

41 Counsel may maintain liaison with the appropriate officers of the Immigra-
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1 tion and Naturalization Service to achieve a uniform interpretation of this

2 title.

3 § 344. Sharing information about foreign traffickers in con4 trolled substances

5 To ensure that foreign traffickers in controlled substances are denied

6 visas to enter the United States (as required by section 6307(a)(3) of this

7 title)—

8 (1) the Secretary of State shall cooperate with United States law en9 forcement agencies, including the Drug Enforcement Administration

10 and the Customs Service, in establishing a comprehensive information

11 system on all drug arrests of foreign nationals in the United States so

12 that the information can be communicated to the appropriate United

13 States embassies; and

14 (2) the National Drug Enforcement Policy Board shall agree on uni15 form guidelines that would permit the sharing of information of foreign

16 traffickers in controlled substances.

17 § 345. Automated Visa Lookout System

18 (a) INCLUSION OF NAMES.—(1) Except as provided in paragraph (2) of

19 this subsection, the Secretary of State may not include in the Automated

20 Visa Lookout System, or in any other system or list that maintains informa21 tion about the excludability of aliens under this title, the name of an alien

22 who is not excludable under this title.

23 (2) The Secretary may add to or retain in such a system or list the name

24 of an alien who is not excludable only if included for otherwise authorized

25 law enforcement purposes or other lawful purposes of the Department of

26 State. A name included for other lawful purposes under this paragraph shall

27 include a notation clearly and distinctly indicating that the individual is not

28 presently excludable. The Secretary shall establish procedures to ensure that

29 a visa is not denied to the individual for any reason not provided in this

30 title.

31 (3) The Secretary shall publish in the Federal Register regulations on the

32 maintenance and use by the Department of State of systems and lists for

33 purposes described in paragraph (2) of this subsection.

34 (4) This subsection does not create new authority or expand existing au35 thority for any activity not otherwise authorized by law.

36 (b) REQUIRED CHECK BEFORE ISSUING VISAS.—(1) Beginning May 1,

37 1996, when a consular officer issues a visa, the officer shall certify, in writ38 ing, that a check of the Automated Visa Lookout System, or any other sys39 tem or list that maintains information about the excludability of aliens

40 under this title, has been made and that there is no basis under the system

41 for excluding the alien.
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1 (2) If, at the time an alien applies for a visa, the alien’s name is included

2 in the Department of State’s visa lookout system and the consular officer

3 to whom the application is made fails to follow the procedures in processing

4 the application required by inclusion of the alien’s name in the system, the

5 officer’s failure shall be made a matter of record and shall be considered

6 as a serious negative factor in the officer’s annual performance evaluation.

7 (3) If an alien to whom a visa was issued as a result of a failure de8 scribed in paragraph (2) of this subsection is admitted to the United States

9 and there subsequently is probable cause to believe that the alien was a par10 ticipant in a terrorist act causing serious injury, loss of life, or significant

11 destruction of property in the United States, the Secretary shall convene an

12 Accountability Review Board under title III of the Omnibus Diplomatic Se13 curity and Antiterrorism Act of 1986 (Public Law 99–399, 100 Stat. 859).

14 (c) UPGRADE TO SYSTEM.—Not later than October 30, 1995, the Sec15 retary of State shall upgrade all overseas visa lookout operations to comput16 erized systems with automated multiple-name search capabilities.

17 § 346. Surcharge for processing machine readable visas

18 (a) GENERAL AUTHORITY.—Notwithstanding any other law, the Sec19 retary of State may charge a fee or surcharge for processing machine read20 able nonimmigrant visas and machine readable combined border crossing

21 identification cards and nonimmigrant visas.

22 (b) DEPOSIT OF AMOUNTS COLLECTED.—Fees and surcharges collected

23 under subsection (a) of this section shall be deposited as an offsetting collec24 tion to any Department of State appropriation, to recover the costs of pro25 viding consular services. The amounts collected remain available for obliga26 tion until expended.

27 (c) LIMITATION.—For the fiscal years ending September 30, 1994, and

28 1995, fees and surcharges deposited under subsection (b) of this section

29 may not exceed a total of $107,500,000. For subsequent fiscal years, fees

30 and surcharges may be collected under subsection (a) of this section only

31 in amounts provided in subsequent authorization laws.

32 (d) NONAPPLICABILITY OF CERTAIN LAW.—Sections 1726–1728 of the

33 Revised Statutes (22 U.S.C. 4212–4214) do not apply to fees and sur34 charges collected under this section.

35 (e) SIGNATORIES OF NORTH AMERICAN FREE TRADE AGREEMENT.—The

36 Secretary may not charge a fee or surcharge under this section to a citizen

37 of a country that is a signatory, as of April 30, 1994, to the North Amer38 ican Free Trade Agreement, unless the Secretary finds that the country

39 charges a visa application or issuance fee to citizens of the United States.
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1 SUBCHAPTER III—MISCELLANEOUS

2 § 351. Liaison with internal security officers

3 To exchange information for use in enforcing this title in the interest of

4 the internal security of the United States, the Commissioner of Immigration

5 and Naturalization and the Administrator designated under section 342 of

6 this title may maintain direct and continuous liaison with the Directors of

7 the Federal Bureau of Investigation and Central Intelligence and with other

8 internal security officers of the United States Government.

9 § 352. Confidentiality of records and proof of nonexistence

10 (a) CONFIDENTIALITY OF VISA AND PERMIT RECORDS.—A record of the

11 Department of State or of a diplomatic or consular office related to issuing

12 or refusing to issue a visa or permit to enter the United States is confiden13 tial. The record may be used only in developing, amending, or carrying out

14 a law of the United States. However, the Secretary of State may provide

15 a certified copy of the record to a court if the court certifies that it needs

16 the record in the interest of justice in a case pending before the court.

17 (b) PROOF OF NONEXISTENCE OF RECORD.—A certification by the Attor18 ney General, or by an officer or employee of the Immigration and Natu19 ralization Service designated by the Attorney General, that a diligent search

20 of the records of the Service has failed to disclose a particular record is ad21 missible in any proceeding as evidence that the records of the Service do

22 not contain the record.

23 § 353. Disposition of receipts

24 Except as otherwise provided in this title, an amount received in payment

25 of a fee or administrative penalty shall be deposited in the Treasury as mis26 cellaneous receipts. However, a fee received from an applicant residing in

27 the Virgin Islands or Guam and paid under section 2125 of this title shall

28 be paid to the treasury of the Virgin Islands or the treasury of Guam, re29 spectively.

30 § 354. Triennial immigration-impact report

31 (a) REPORTING REQUIREMENT.—The President shall submit a com32 prehensive immigration-impact report to Congress not later than January

33 1, 1989, and not later than January 1 of each 3d year thereafter.

34 (b) CONTENT.—Each report shall include—

35 (1) the number and classification of aliens admitted and to be admit36 ted (whether as immediate relatives, special immigrants, refugees, pref37 erence immigrants, or nonimmigrants), paroled and to be paroled, and

38 granted and to be granted asylum during the periods specified in sub39 section (c) of this section;

40 (2) a reasonable estimate of the number of aliens who entered and

41 will enter the United States during those periods without visas or who
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1 became or will become deportable during those periods under chapter

2 65 of this title; and

3 (3) a description of the impact of—

4 (A) admissions and other entries of immigrants, refugees,

5 asylees, and parolees into the United States during those periods

6 on the economy, labor and housing markets, educational system,

7 social services, foreign policy, environmental quality and resources,

8 and rate, size, and distribution of population growth in the United

9 States; and

10 (B) high rates of immigration resettlement on State and local

11 governments.

12 (c) HISTORY AND PROJECTIONS.—In each report, the information re13 ferred to in subsection (b) of this section shall be—

14 (1) described for the prior 3-year period; and

15 (2) projected for the next 5-year period, based on reasonable esti16 mates substantiated by the best available evidence.

17 (d) RECOMMENDATIONS.—The President also may include recommenda18 tions on changes in numerical limitations or other policies under subtitles

19 II and III of this title affecting the admission and entry of aliens into the

20 United States.

21 § 355. Setting immigration adjudication and naturalization

22 fees

23 Fees for providing immigration adjudication and naturalization services

24 may be set at a level that will ensure recovery of—

25 (1) the costs of providing those services;

26 (2) the costs of providing similar services without charge to asylum

27 applicants or other immigrants; and

28 (3) any additional costs associated with the administration of the

29 fees collected.

30 CHAPTER 5—PASSPORTS AND TRAVEL REQUIREMENTS

SUBCHAPTER I—PASSPORTS

Sec.

501. Individuals eligible for passports.

502. Issuing and verifying passports.

503. Validity and use.

504. Passport fees.

505. Limitation on acquiring paper for passports.

SUBCHAPTER II—TRAVEL REQUIREMENTS

511. Travel document requirements.

512. Certain rights to enter or leave unaffected.

513. Records about residents permanently leaving the United States.

514. Travel restrictions on citizens of foreign countries.
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1 SUBCHAPTER I—PASSPORTS

2 § 501. Individuals eligible for passports

3 (a) NATIONALS OF THE UNITED STATES.—A passport may be issued

4 only to, or verified only for, a national of the United States.

5 (b) APPLICATIONS.—An individual may be issued a passport only if the

6 individual submits a signed application containing all information required

7 by law and regulations. If the individual previously has not been issued a

8 United States passport, the application must be executed under oath before

9 an individual authorized by the Secretary of State to administer oaths.

10 § 502. Issuing and verifying passports

11 (a) INDIVIDUALS AUTHORIZED TO ISSUE AND VERIFY.—Under regula12 tions prescribed by the President, the Secretary of State may—

13 (1) issue and verify passports; and

14 (2) authorize only the following to issue and verify passports:

15 (A) the chief executive officer of a territory or possession of the

16 United States.

17 (B) in a foreign country, diplomatic and consular officers of the

18 United States and other officers and employees of the Department

19 of State who are citizens of the United States.

20 (b) REPORTS.—As required by the Secretary, an individual issuing or

21 verifying a passport shall report to the Secretary—

22 (1) the issuing or verifying of the passport; and

23 (2) the information contained in the passport.

24 § 503. Validity and use

25 (a) PERIOD OF VALIDITY.—A passport is valid for 10 years from the date

26 it is issued. However, the Secretary may limit the validity of a passport to

27 a shorter period in an individual case or on a general basis by regulation.

28 (b) RESTRICTIONS ON TRAVEL OR USE.—(1) Except as provided in para29 graph (2) of this subsection or any other law, a passport may not be des30 ignated as restricted for travel to, or use in, any country.

31 (2) A passport may be designated as restricted for travel to, or use in,

32 a country—

33 (A) with which the United States is at war;

34 (B) in which armed hostilities are in progress; or

35 (C) in which there is imminent danger to the public health or phys36 ical safety of United States travelers.

37 § 504. Passport fees

38 (a) ESTABLISHING FEES.—The Secretary of State shall prescribe by reg39 ulation the fee for a passport and the fee for executing a passport applica40 tion. However, the following individuals are exempt from paying the pass-
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1 port fee and, when executing the application before an officer or employee

2 of the United States Government, from paying the execution fee:

3 (1) an officer or employee of the Government going outside the Unit4 ed States on official business, and a member of the immediate family

5 of the officer or employee.

6 (2) a sailor needing a passport for service on a vessel of the United

7 States.

8 (3) a widow, child, parent, brother, or sister of a deceased member

9 of the armed forces of the United States going outside the United

10 States to visit the member’s grave.

11 (b) COLLECTION AND RETENTION OF APPLICATION FEES.—The Sec12 retary by regulation may—

13 (1) authorize an official of a State to collect and retain the fee for

14 each passport application executed before the official; and

15 (2) transfer to the United States Postal Service the fee for each ap16 plication executed before the Service.

17 (c) DEPOSITS IN THE TREASURY.—(1) Except for fees retained or trans18 ferred under subsection (b) of this section, fees collected under this section

19 shall be deposited in the Treasury.

20 (2) Notwithstanding any other law and to the extent provided in an ap21 propriation law, not more than $5,000,000 in passport fees collected by the

22 Secretary may be credited each fiscal year to a Department of State ac23 count. Amounts credited to the account are available only for costs associ24 ated with acquiring and producing machine-readable United States pass25 ports and visas and compatible reading equipment. Amounts credited under

26 this paragraph remain available until expended.

27 (3) Fees collected for expedited passport processing shall be deposited in

28 the Administration of Foreign Affairs Account as offsetting receipts and are

29 available until expended.

30 (d) REFUNDS.—(1) The Secretary may refund a passport fee—

31 (A) paid by an individual exempt from payment under subsection (a)

32 of this section; or

33 (B) paid to an officer or employee of the Government by an individ34 ual issued a passport who is refused a visa in the United States by

35 the appropriate officer of a government of a foreign country if the indi36 vidual within 6 months from the date the passport is issued makes a

37 written request and returns the unused passport.

38 (2) Amounts are appropriated to the Secretary to make refunds under

39 paragraph (1)(B) of this subsection.

40 § 505. Limitation on acquiring paper for passports

41 Amounts may not be used to acquire paper for passports if—
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1 (1) the paper is manufactured outside the United States and the ter2 ritories and possessions of the United States or would be acquired from

3 an entity owned or controlled by a person that is not a citizen of the

4 United States; and

5 (2) a domestic manufacturer for paper for passports exists.

6 SUBCHAPTER II—TRAVEL REQUIREMENTS

7 § 511. Travel document requirements

8 (a) DEFINITIONS.—In this section—

9 (1) ‘‘permit’’ means a passport, visa, reentry permit, or other docu10 ment used to enter or leave the United States.

11 (2) ‘‘person’’, in addition to its meaning under section 1 of title 1,

12 includes a governmental entity.

13 (3) ‘‘United States’’ includes all territory and waters subject to the

14 jurisdiction of the United States.

15 (b) ENTERING OR LEAVING THE UNITED STATES.—(1) Subject to condi16 tions and exceptions prescribed by the President, a citizen of the United

17 States may enter or leave, or attempt to enter or leave, the United States

18 only if the citizen has a valid United States passport.

19 (2) An alien may enter or leave, or attempt to enter or leave, the United

20 States only under regulations prescribed or orders issued by the President.

21 (c) OTHER RESTRICTIONS.—Unless otherwise ordered by the President,

22 a person may not—

23 (1) transport or attempt to transport an individual into or out of the

24 United States if the person has reason to believe that the entry or de25 parture is prohibited by this section;

26 (2) knowingly make a false statement in an application for a permit

27 with the intent to have the permit issued for any individual;

28 (3) knowingly give, attempt to give, or assist in giving an individual

29 a permit not intended for the individual;

30 (4) knowingly use or attempt to use a permit not issued or intended

31 for that person;

32 (5) forge, change, or mutilate a permit, or have a permit forged,

33 changed, or mutilated; or

34 (6) knowingly use, attempt to use, or give to another for use, a per35 mit that is forged, changed, mutilated, or invalid.

36 (d) ALIENS OTHERWISE INADMISSIBLE.—This title does not entitle an

37 alien to enter the United States if the alien is issued a permit but otherwise

38 is inadmissible.

39 (e) REVOCATION OF REGULATION OR ORDER.—Revocation of a regula40 tion prescribed or order issued under this section does not prevent prosecu-
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1 tion, or imposition of penalties, for violation of the regulation or order be2 fore it was revoked.

3 § 512. Certain rights to enter or leave unaffected

4 This title does not affect the rights of the following individuals to enter

5 or leave the United States:

6 (1) an American Indian born in Canada who is at least 50 percent

7 of American Indian descent.

8 (2) an alien member of the armed forces of the United States enter9 ing or leaving the United States under orders or with permission when

10 the member is in uniform or carrying identification as a member of the

11 armed forces.

12 § 513. Records about residents permanently leaving the

13 United States

14 The Attorney General may authorize an immigration officer to record the

15 following information about a resident of the United States leaving the

16 United States through Canada or Mexico for permanent residence in a for17 eign country:

18 (1) name.

19 (2) race, age, and sex.

20 (3) country of birth.

21 (4) marital status.

22 (5) occupation.

23 (6) whether the resident can read or write.

24 (7) nationality.

25 (8) country of which the resident is a citizen or subject.

26 (9) last permanent residence in the United States.

27 (10) intended future permanent residence.

28 (11) time and port of last entry into the United States.

29 (12) if the resident claims to be a national of the United States,

30 facts on which the claim is based.

31 § 514. Travel restrictions on citizens of foreign countries

32 (a) GENERAL POLICY.—(1) To carry out the general principles of the

33 Final Act of the Conference on Security and Cooperation in Europe empha34 sizing the lowering of international barriers to the free movement of people

35 and ideas and in accordance with the Vienna Convention on Diplomatic Re36 lations establishing the legal principles of nondiscrimination and reciprocity,

37 it is the general policy of the United States to impose restrictions on travel

38 within the United States by citizens of a foreign country only when the gov39 ernment of that foreign country imposes restrictions on travel by citizens

40 of the United States within that country.
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1 (2) This subsection does not limit a restriction on travel within the Unit2 ed States that the United States Government, on a reciprocal basis, imposes

3 on an official of a government of a foreign country.

4 (b) CONVEYANCE OF POLICY AND ELIMINATION OF RESTRICTIONS.—The

5 Secretary of State shall—

6 (1) ensure that the policy of subsection (a) of this section is conveyed

7 clearly to the government of a foreign country imposing travel restric8 tions on citizens of the United States; and

9 (2) seek the elimination, on a mutual and reciprocal basis, of travel

10 restrictions imposed by that government and by the United States Gov11 ernment on each other’s citizens.

12 CHAPTER 7—GENERAL MISCELLANEOUS

Sec.

701. Certain treaties unaffected.

702. Rules of construction related to organizations.

703. Construction of expedited deportation requirements.

13 § 701. Certain treaties unaffected

14 Except as provided in section 20702(c) of this title, this title does not

15 affect a treaty ratified by the Senate before December 25, 1952.

16 § 702. Rules of construction related to organizations

17 (a) ACTS CONSTITUTING AFFILIATION.—In this title, the giving, lending,

18 or promising of support, money, or any other thing of value for any purpose

19 to an organization is presumed to constitute affiliation with the organiza20 tion.

21 (b) ORGANIZATIONS ADVOCATING OVERTHROW OF UNITED STATES GOV22 ERNMENT.—This title may not be construed as declaring that any organiza23 tion referred to in this title does not advocate the overthrow of the United

24 States Government by unconstitutional means.

25 § 703. Construction of expedited deportation requirements

26 Section 6533(a) of this title and the amendments made by the Immigra27 tion and Nationality Technical Corrections Act of 1994 (Public Law 103–

28 416, 108 Stat. 4305) do not create any substantive or procedural right or

29 benefit that is legally enforceable by any party against the United States

30 Government or an agency or officer of the Government or any other person.

31 SUBTITLE II—ALIENS

32 PART A—NONIMMIGRANTS

CHAPTER Sec.

21. ADMISSION AND DOCUMENTATION ....................................................... 2101

23. CLASSIFICATIONS ....................................................................................... 2301

25. TEMPORARY AGRICULTURAL WORKERS .............................................. 2501

27. ALIEN CREWMEMBERS .............................................................................. 2701

29. FACILITIES EMPLOYING REGISTERED NURSES ................................ 2901

33 PART B—IMMIGRANTS

41. NUMERICAL LIMITATIONS ....................................................................... 4101
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43. PETITIONS AND DOCUMENTATION ....................................................... 4301

45. CONDITIONAL PERMANENT RESIDENT STATUS ............................... 4501

47. ALIENS BORN IN VIETNAM AND FATHERED BY CITIZENS OF

THE UNITED STATES.

4701

49. MISCELLANEOUS ......................................................................................... 4901

1 PART C—REFUGEES

51. ADMISSIONS .................................................................................................. 5101

2 PART D—ENTRY, EXCLUSION, AND DEPORTATION

61. ARRIVAL, INSPECTION, AND ADMISSION ............................................. 6101

63. VISA INELIGIBILITY AND EXCLUSION .................................................. 6301

65. DEPORTATION OF ALIENS IN THE UNITED STATES ....................... 6501

67. TEMPORARY PROTECTED STATUS ......................................................... 6701

69. REGULATION OF PERSONS PROVIDING TRANSPORTATION ........... 6901

3 PART E—ADDITIONAL REQUIREMENTS AND LIMITATIONS

81. REGISTRATION AND FINGERPRINTING ................................................ 8101

83. MISCELLANEOUS ......................................................................................... 8301

4 PART F—ADJUSTMENT AND CHANGE OF STATUS

91. ADJUSTMENT AND CHANGE OF STATUS ............................................. 9101

93. ADJUSTMENT OF STATUS FOR CERTAIN ALIENS WHO ENTERED THE UNITED STATES BEFORE 1982.9301

5 PART G—PENALTIES

101. PENALTIES .................................................................................................... 10101

6 PART A—NONIMMIGRANTS

7 CHAPTER 21—ADMISSION AND DOCUMENTATION

SUBCHAPTER I—ADMISSION

Sec.

2101. Admission.

2102. Presumption.

2103. Application of certain provisions to diplomats.

SUBCHAPTER II—DOCUMENTATION

2121. Documentation requirements.

2122. Applications for nonimmigrant visas and registration.

2123. Issuing nonimmigrant visas and other documentation.

2124. Period of validity and revocation.

2125. Fees.

2126. Burden of proof.

2127. Visa waiver pilot program.

8 SUBCHAPTER I—ADMISSION

9 § 2101. Admission

10 Except as otherwise provided, an alien may be admitted to the United

11 States as a nonimmigrant for the time and under conditions the Attorney

12 General prescribes by regulation. The Attorney General may require the

13 alien to file a bond, in the amount and containing conditions the Attorney

14 General prescribes, to ensure that the alien will leave the United States

15 when—

16 (1) the time for which the alien is admitted expires; or

17 (2) the alien does not maintain the nonimmigrant status under which

18 the alien was admitted or which the alien acquired under section 9109

19 of this title.
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1 § 2102. Presumption

2 An alien (except an alien described in section 2313, 2317, or 2325 of this

3 title) is presumed to be an immigrant until the alien satisfies the consular

4 officer, at the time of application for a visa, and the immigration officer,

5 at the time of application for admission, that the alien is entitled to non6 immigrant status.

7 § 2103. Application of certain provisions to diplomats

8 Except as otherwise provided in this title, the provisions of this title relat9 ed to ineligibility for a visa and exclusion or deportation of an alien do not

10 apply to a nonimmigrant described in—

11 (1) section 2301(1) of this title, except that the nonimmigrant is

12 subject—

13 (A) to the provisions requiring a passport and visa for identi14 fication and proof of qualification for the nonimmigrant classifica15 tion under that section; and

16 (B) under regulations prescribed by the President, to section

17 6308(a)–(c) of this title; or

18 (2) section 2301(2) or 2302(1)–(5) of this title, except that the non19 immigrant is subject to—

20 (A) the provisions requiring a passport and visa for identifica21 tion and proof of qualification for the nonimmigrant classification

22 under one of those sections; and

23 (B) section 6308(a)–(c) of this title.

24 SUBCHAPTER II—DOCUMENTATION

25 § 2121. Documentation requirements

26 (a) GENERAL.—Except as provided in this section and section 2127 of

27 this title, an alien classified as a nonimmigrant under subchapter I of chap28 ter 23 of this title may be admitted to the United States only if, when ap29 plying for admission, the nonimmigrant has—

30 (1) a passport that—

31 (A) is valid for at least 6 months after the last day of the

32 alien’s initial period of admission or contemplated initial period of

33 admission; and

34 (B) authorizes the alien during those 6 months to return to the

35 foreign country from which the alien came or to enter another for36 eign country; and

37 (2) a nonimmigrant visa or border crossing identification card at the

38 time of applying for admission.

39 (b) GENERAL WAIVERS.—The Attorney General and the Secretary of

40 State jointly may waive a requirement of subsection (a) of this section—

41 (1) in an individual case because of an unforeseen emergency;
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1 (2) on a reciprocal basis, for nationals of foreign contiguous territory

2 or of adjacent islands and for residents of that territory or islands who

3 have a common nationality with those nationals; or

4 (3) for an alien proceeding in immediate and continuous transit

5 through the United States on a carrier operating under a contract au6 thorized by section 6905(b)(1)(B) of this title.

7 (c) WAIVERS FOR VISITORS TO GUAM.—(1) The Attorney General, the

8 Secretary of State, and the Secretary of the Interior jointly may waive sub9 section (a) of this section for an alien applying for admission as a non10 immigrant visitor classified under section 2303 of this title, but only for

11 entry into and stay on Guam for not more than 15 days, if they jointly de12 cide, after consulting with the Governor of Guam, that—

13 (A) an adequate arrival and departure control system has been devel14 oped on Guam; and

15 (B) the waiver does not represent a threat to the welfare, safety, or

16 security of the United States or its territories or possessions.

17 (2) An alien may be granted a waiver under this subsection only if the

18 alien waives any right—

19 (A) to a review or appeal under this title of an immigration officer’s

20 decision on the admissibility of the alien at the port of entry into

21 Guam; or

22 (B) to contest (except on the basis of an application for asylum) an

23 action for deportation against the alien.

24 (3) An alien admitted to Guam without a visa under this subsection may

25 not—

26 (A) stay in Guam for more than 15 days after the date of admission

27 to Guam; or

28 (B) enter or stay in the United States under that admission, except

29 in Guam.

30 (4) If adequate appropriated amounts to carry out this subsection are not

31 available, the Attorney General may accept amounts tendered by the govern32 ment of Guam to cover any part of the cost of carrying out this subsection.

33 § 2122. Applications for nonimmigrant visas and registra34 tion

35 (a) APPLICATION REQUIREMENTS.—An alien applying for a non36 immigrant visa must apply in the way prescribed by regulation. The applica37 tion must contain the following information about the alien:

38 (1) the complete true name of the alien.

39 (2) a personal description, including height, complexion, color of hair

40 and eyes, and marks of identification.

41 (3) the date and place of birth.
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1 (4) nationality.

2 (5) marital status.

3 (6) the purpose in going to the United States.

4 (7) the period of intended stay in the United States.

5 (8) additional information prescribed by regulation that is necessary

6 to identify the alien and enforce the immigration and nationality laws.

7 (b) ADDITIONAL REQUIREMENTS.—An alien applying for a nonimmigrant

8 visa must—

9 (1) register if required by chapter 81 of this title when applying for

10 the visa;

11 (2) take a physical or mental examination, or both, if required by

12 the consular officer to decide whether the alien may receive a visa; and

13 (3) provide the consular officer, with the application, a certified copy

14 of any documentation about the alien that may be required by regula15 tion.

16 (c) STATEMENT ABOUT NO ENTITLEMENT TO ENTER THE UNITED

17 STATES.—An application for a nonimmigrant visa shall inform the applicant

18 that a visa or other documentation issued to an alien does not entitle the

19 alien to enter the United States if, on arrival at a port of entry, the alien

20 is found to be inadmissible.

21 (d) SIGNATURE AND OATH.—Except as otherwise prescribed by regula22 tion, an alien must—

23 (1) sign an application for a nonimmigrant visa in the presence of

24 a consular officer; and

25 (2) take an oath administered by the consular officer verifying the

26 application.

27 (e) DISPOSITION OF APPLICATIONS.—An application for a nonimmigrant

28 visa or other documentation as a nonimmigrant shall be disposed of as pre29 scribed by regulation.

30 § 2123. Issuing nonimmigrant visas and other documenta31 tion

32 (a) GENERAL.—Except as provided in subsection (b) of this section, a

33 consular officer may issue a nonimmigrant visa to an eligible nonimmigrant

34 who has made a proper application for the visa.

35 (b) PROHIBITIONS.—(1) A consular officer may not issue a nonimmigrant

36 visa or other documentation to an alien if—

37 (A) the alien’s application does not comply with this title or regula38 tions prescribed under this title; or

39 (B) the consular officer has reason to believe the alien is ineligible

40 for the visa or other documentation under subchapter I of chapter 63

41 of this title or any other provision of law.
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1 (2) Notwithstanding paragraph (1)(B) of this subsection, a consular offi2 cer may issue a nonimmigrant visa or other documentation to—

3 (A) an alien to whom section 6304(a) of this title applies if—

4 (i) the alien otherwise may receive the visa or other documenta5 tion; and

6 (ii) the consular officer receives notice from the Attorney Gen7 eral that a bond approved by the Attorney General has been filed

8 under section 6304(b) of this title; or

9 (B) an alien applying as a nonimmigrant classified under section

10 2303 or 2310 of this title if the alien otherwise may receive the visa

11 or other documentation, and the consular officer receives notice from

12 the Attorney General of the filing of a bond, in the amount and con13 taining conditions the consular officer prescribes, to ensure that the

14 alien will leave the United States when—

15 (i) the time for which the alien is admitted expires; or

16 (ii) the alien does not maintain the nonimmigrant status under

17 which the alien was admitted or which the alien acquired under

18 section 9109 of this title.

19 (c) FORM AND CONTENT OF VISAS.—Except as otherwise prescribed by

20 regulation, the issuance of a nonimmigrant visa shall be shown by a stamp

21 placed by a consular officer in the alien’s passport. The visa shall specify—

22 (1) the alien’s nonimmigrant classification under subchapter I of

23 chapter 23 of this title;

24 (2) the period during which the visa is valid; and

25 (3) additional information that may be required.

26 § 2124. Period of validity and revocation

27 (a) PERIOD OF VALIDITY.—A nonimmigrant visa is valid for the period

28 prescribed by regulation. In prescribing the period of validity, the Secretary

29 of State, to the extent practicable, shall treat nationals of a foreign country

30 the same as the government of that country treats nationals of the United

31 States within a similar class.

32 (b) REVOCATION.—A consular officer or the Secretary may revoke a visa

33 or other documentation issued to a nonimmigrant. A revocation invalidates

34 the visa or documentation from the date the visa or documentation was is35 sued. The Attorney General shall be notified of each revocation.

36 § 2125. Fees

37 The Secretary of State shall prescribe fees for providing and verifying a

38 nonimmigrant visa application for, and issuing a nonimmigrant visa to, a

39 nonimmigrant of each foreign country. If practicable, the total amount of

40 the fees shall correspond to the total of all visa, entry, residence, or similar

41 fees the country imposes on nationals of the United States. A nonimmigrant
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1 visa issued to an alien described in section 11 of the Agreement Between

2 the United Nations and the United States of America Regarding the Head3 quarters of the United Nations (61 Stat. 761) and in transit to or from

4 the headquarters district of the United Nations shall be issued without

5 charge.

6 § 2126. Burden of proof

7 (a) ELIGIBILITY FOR VISA OR DOCUMENTATION.—An individual applying

8 for a nonimmigrant visa or other documentation required for entering the

9 United States as a nonimmigrant has the burden of proving that the indi10 vidual is eligible for the visa or documentation. A consular officer may issue

11 the visa or documentation only if satisfied that the individual is eligible for

12 the visa or documentation.

13 (b) STATUS.—An alien claiming to be a nonimmigrant has the burden of

14 proving that the alien is entitled to nonimmigrant status.

15 § 2127. Visa waiver pilot program

16 (a) ESTABLISHMENT OF PROGRAM.—The Attorney General and the Sec17 retary of State jointly may maintain a pilot program for the fiscal years

18 ending September 30, 1989–1996, under which they jointly may waive sec19 tion 2121(a)(2) of this title for an alien eligible for a waiver under sub20 section (c) of this section.

21 (b) DESIGNATION OF PILOT PROGRAM COUNTRIES.—(1) The Attorney

22 General and the Secretary jointly may designate any foreign country as a

23 pilot program country if the government of that country extends (or agrees

24 to extend) reciprocal privileges to nationals of the United States and meets

25 the requirements of paragraph (2) of this subsection. A designation is only

26 for a fiscal year.

27 (2) Except as provided in subsection (c) of this section, a country may

28 be designated as a pilot program country only if—

29 (A) the average number of refusals of nonimmigrant visitor visas for

30 nationals of that country during the prior 2 fiscal years was less than

31 2 percent of the number of nonimmigrant visitor visas for nationals of

32 that country that were issued or refused during those years;

33 (B) the average number of refusals of nonimmigrant visitor visas for

34 nationals of that country during either of those 2 years was less than

35 2.5 percent of the number of nonimmigrant visitor visas for nationals

36 of that country that were issued or refused during that year;

37 (C) the government of that country certifies that it has or is develop38 ing a program to issue machine-readable passports to citizens of that

39 country; and
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1 (D) the Attorney General decides that the law enforcement interests

2 of the United States would not be compromised by the designation of

3 that country.

4 (c) DESIGNATION OF PILOT PROGRAM COUNTRIES WITH PROBATIONARY

5 STATUS.—(1) The Attorney General and the Secretary jointly may des6 ignate any foreign country as a pilot program country with probationary

7 status if the government of that country extends (or agrees to extend) recip8 rocal privileges to nationals of the United States and meets the require9 ments of paragraph (2) of this subsection.

10 (2) A country may be designated as a pilot program country with proba11 tionary status only if—

12 (A) the average number of refusals of nonimmigrant visitor visas for

13 nationals of that country during the prior 2 fiscal years was less than

14 3.5 percent of the number of nonimmigrant visitor visas for nationals

15 of that country that were issued or refused during those years;

16 (B) the number of refusals of nonimmigrant visitor visas for nation17 als of that country during the prior fiscal year was less than 3 percent

18 of the number of nonimmigrant visitor visas for nationals of that coun19 try that were issued or refused during that year;

20 (C) the total number of nationals referred to in subclauses (i) and

21 (ii) of this clause is less than 1.5 percent of the number of nationals

22 of that country who applied for admission as nonimmigrant visitors

23 during that prior fiscal year:

24 (i) the number of nationals of that country who were excluded

25 from admission or withdrew their application for admission during

26 that prior fiscal year as nonimmigrant visitors; plus

27 (ii) the number of nationals of that country who were admitted

28 as nonimmigrant visitors during that prior fiscal year and who vio29 lated a condition of that admission; and

30 (D) the government of that country certifies that it has or is develop31 ing a program to issue machine-readable passports to citizens of that

32 country.

33 (3) The designation of a country as a pilot program country with proba34 tionary status ends if—

35 (A) the total number of nationals referred to in subclauses (i) and

36 (ii) of this clause is more than 2 percent of the number of nationals

37 of that country who applied for admission as nonimmigrant visitors

38 during that prior fiscal year:

39 (i) the number of nationals of that country who were excluded

40 from admission or withdrew their application for admission during

41 that prior fiscal year as nonimmigrant visitors; plus
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1 (ii) the number of nationals of that country who were admitted

2 as nonimmigrant visitors during that prior fiscal year and who vio3 lated a condition of that admission; or

4 (B) the country is not designated as a pilot program country under

5 subsection (b) of this section, as provided in paragraph (4) of this sub6 section, within 3 fiscal years of the country’s designation as a pilot pro7 gram country with probationary status under paragraph (2) of this

8 subsection.

9 (4) The Attorney General and the Secretary jointly may designate as a

10 pilot program country under subsection (b) of this section a country that

11 in the prior fiscal year was a pilot program country with probationary sta12 tus if the total number of nationals referred to in clauses (A) and (B) of

13 this paragraph is less than 2 percent of the number of nationals of that

14 country who applied for admission as nonimmigrant visitors during that

15 prior fiscal year:

16 (A) the number of nationals of that country who were excluded from

17 admission or withdrew their application for admission during that prior

18 fiscal year as nonimmigrant visitors; plus

19 (B) the number of nationals of that country who were admitted as

20 nonimmigrant visitors during that prior fiscal year and who violated a

21 condition of that admission.

22 (d) CONTINUATION OF PILOT PROGRAM COUNTRY STATUS.—A country

23 that was a pilot program country in the prior fiscal year may be designated

24 as a pilot program country in a subsequent fiscal year of the program only

25 if the total number of nationals referred to in clauses (1) and (2) of this

26 subsection is less than 2 percent of the number of nationals of that country

27 who applied for admission as nonimmigrant visitors during that prior fiscal

28 year:

29 (1) the number of nationals of that country who were excluded from

30 admission or withdrew their application for admission during that prior

31 fiscal year as nonimmigrant visitors; plus

32 (2) the number of nationals of that country who were admitted as

33 nonimmigrant visitors during that prior fiscal year and who violated a

34 condition of that admission.

35 (e) ELIGIBLE ALIENS.—An alien is eligible for a waiver under the pro36 gram if the alien—

37 (1) is applying to be admitted not later than September 30, 1996,

38 as a nonimmigrant visitor under section 2303 of this title for not more

39 than 90 days;

40 (2) is a national of, and presents a passport issued by, a foreign

41 country designated as a pilot program country under subsection (b) of
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1 this section or a pilot program country with probationary status under

2 subsection (c) of this section;

3 (3) before admission, completes an immigration form prescribed by

4 the Attorney General;

5 (4) before being provided a waiver under the program, waives any

6 right—

7 (A) to a review or appeal under this title of an immigration offi8 cer’s decision on the admissibility of the alien at the port of entry

9 into the United States; or

10 (B) to contest (except on the basis of an application for asylum)

11 an action for deportation against the alien;

12 (5) when arriving by air or sea, arrives at the port of entry into the

13 United States on a carrier that has an agreement with the Attorney

14 General to guarantee transportation of the alien out of the United

15 States if the alien is found inadmissible or deportable by an immigra16 tion officer;

17 (6) has a round-trip transportation ticket unless the Attorney Gen18 eral by regulation waives this requirement;

19 (7) is not a threat to the welfare, health, safety, or security of the

20 United States; and

21 (8) complied with the conditions of any previous admission without

22 a visa under the program.

23 (f) ADMISSION UNDER VISA WAIVER PILOT PROGRAM.—An alien admit24 ted to the United States under this section without a visa may not stay in

25 the United States as a nonimmigrant visitor for more than 90 days after

26 the date of admission to the United States.

27 (g) CARRIER AGREEMENTS.—(1) A carrier and the Attorney General may

28 make an agreement referred to in subsection (e)(5) of this section under

29 which the carrier agrees, in consideration of the waiver of the visa require30 ment for a nonimmigrant visitor under the program—

31 (A) to indemnify the United States Government against costs of

32 transporting that visitor from the United States if the visitor is refused

33 admission or remains in the United States unlawfully after the end of

34 the period of admission referred to in subsection (e)(1) of this section;

35 (B) to submit each day to immigration officers any immigration

36 forms received about nonimmigrant visitors given a waiver under the

37 program; and

38 (C) to be liable, under regulations the Attorney General prescribes,

39 for transporting a national of a pilot program country into the United

40 States without a passport.
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1 (2) If a carrier does not comply with an agreement made under para2 graph (1) of this subsection, the Attorney General may end the agreement

3 on 5 days’ notice to the carrier.

4 (h) DENIAL OF WAIVERS.—Notwithstanding subsections (a)–(e) and (g)

5 of this section, the Attorney General and the Secretary jointly may—

6 (1) for any reason refuse to designate a foreign country that other7 wise may qualify for designation under this section; or

8 (2) rescind at any time a waiver or designation previously issued

9 under this section.

10 CHAPTER 23—CLASSIFICATIONS

SUBCHAPTER I—GENERAL

Sec.

2301. Officials of governments of foreign countries.

2302. Representatives to international organizations.

2303. Visitors for business and pleasure.

2304. Aliens in immediate and continuous transit.

2305. Crewmembers.

2306. Aliens entitled to enter for trade or investment.

2307. Aliens entitled to enter for business activities at a professional level under certain trade

agreements.

2308. Media representatives.

2309. Aliens engaged to marry citizens.

2310. Students in academic institutions and language training programs.

2311. Students in nonacademic institutions.

2312. Participants in programs designated by the Director of the United States Information

Agency.

2313. Aliens employed temporarily in specialty occupations or as fashion models.

2314. Temporary and seasonal agricultural employees.

2315. Aliens performing labor or services for which United States workers are unavailable.

2316. Aliens receiving training.

2317. Intra-company transferees.

2318. Aliens with extraordinary ability or with distinction in the arts, motion pictures, or television.

2319. Athletes and entertainers.

2320. Participants in international exchange programs.

2321. Aliens in religious occupations.

2322. Participants in cooperative research, development, and coproduction projects.

2323. Participants in special education programs.

2324. Relatives of special immigrants.

2325. Registered nurses.

2326 Aliens with information concerning criminal or terrorist organizations.

SUBCHAPTER II—SPECIAL REQUIREMENTS

2351. Employer applications for aliens employed temporarily in specialty occupations or as

fashion models.

2352. Advisory opinions for aliens with extraordinary ability or with distinction in the arts,

motion pictures, or television.

2353. Advisory opinions for athletes and entertainers.

11 SUBCHAPTER I—GENERAL

12 § 2301. Officials of governments of foreign countries

13 An alien is classifiable as a nonimmigrant under this section if the alien

14 is—

15 (1)(A) an ambassador, public minister, or career diplomatic or con16 sular officer accredited by a government of a foreign country recog-
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1 nized de jure by the United States Government who is accepted by the

2 President or the Secretary of State; or

3 (B) a member of the immediate family of the ambassador, minister,

4 or officer;

5 (2) on a reciprocal basis—

6 (A) another official or employee accredited by a government of

7 a foreign country recognized de jure by the United States Govern8 ment who is accepted by the Secretary; or

9 (B) a member of the immediate family of the official or em10 ployee; or

11 (3) on a reciprocal basis—

12 (A) an attendant, servant, or personal employee of an alien de13 scribed in clause (1)(A) or (2)(A) of this section; or

14 (B) a member of the immediate family of the attendant, serv15 ant, or personal employee.

16 § 2302. Representatives to international organizations

17 An alien is classifiable as a nonimmigrant under this section if the alien

18 is—

19 (1)(A) a designated principal resident representative of a government

20 of a foreign country to an international organization if the government

21 is recognized de jure by the United States Government and is a mem22 ber of the international organization; or

23 (B) a member of the immediate family of the representative;

24 (2)(A) an accredited resident member of the staff of a representative

25 described in clause (1)(A) of this section; or

26 (B) a member of the immediate family of the member;

27 (3)(A) an accredited representative (except a representative described

28 in clause (1)(A) of this section) of a government of a foreign country

29 to an international organization if the government is recognized de jure

30 by the United States Government and is a member of the international

31 organization; or

32 (B) a member of the immediate family of the representative;

33 (4)(A) an alien described in clause (1)(A), (2)(A), or (3)(A) of this

34 section, except that the government of the foreign country is not recog35 nized de jure by the United States Government or is not a member of

36 an international organization; or

37 (B) a member of the immediate family of the alien;

38 (5)(A) an officer or employee of an international organization; or

39 (B) a member of the immediate family of the officer or employee;

40 or
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1 (6)(A) an attendant, servant, or personal employee of an alien de2 scribed in clause (1)(A), (2)(A), (3)(A), (4)(A), or (5)(A) of this sec3 tion; or

4 (B) a member of the immediate family of the attendant, servant, or

5 personal employee.

6 § 2303. Visitors for business and pleasure

7 An alien is classifiable as a nonimmigrant under this section if the

8 alien—

9 (1) has a residence in a foreign country that the alien has no inten10 tion of abandoning; and

11 (2) is visiting the United States temporarily for business or pleasure

12 (except to study, to perform skilled or unskilled labor, or to work as

13 a representative of foreign information media).

14 § 2304. Aliens in immediate and continuous transit

15 An alien is classifiable as a nonimmigrant under this section if the alien

16 is—

17 (1) in immediate and continuous transit through the United States;

18 or

19 (2) entitled to pass in transit between a foreign country and the

20 headquarters district of the United Nations under section 11(3), (4),

21 or (5) of the Agreement Between the United Nations and the United

22 States of America Regarding the Headquarters of the United Nations

23 (61 Stat. 761).

24 § 2305. Crewmembers

25 (a) GENERAL.—(1) Except as provided in subsection (c) of this section,

26 an alien is classifiable as a nonimmigrant under this section if the alien—

27 (A) is a crewmember serving as a crewmember in a capacity required

28 for normal operation and service on a vessel (except a fishing vessel

29 having its home port or an operating base in the United States) or on

30 an aircraft; and

31 (B) intends to land temporarily and only as a crewmember and to

32 depart on a vessel or aircraft.

33 (2) Serving in a capacity required for normal operation and service on

34 a vessel under paragraph (1)(A) of this subsection includes performing

35 longshore work (as defined in section 2721(a) of this title) only to the ex36 tent provided in section 2723, 2724, or 2725 of this title.

37 (b) CREWMEMBERS OF FISHING VESSELS LANDING IN GUAM.—(1) Ex38 cept as provided in subsection (c) of this section, an alien is classifiable as

39 a nonimmigrant under this section if the alien—
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1 (A) is a crewmember serving as a crewmember in any capacity re2 quired for normal operation and service on a fishing vessel having its

3 home port or an operating base in the United States; and

4 (B) intends to land in Guam temporarily and only as a crewmember

5 and to depart on the vessel on which the alien arrived.

6 (2) An alien is deemed to have departed from Guam under paragraph

7 (1)(B) of this subsection after leaving the territorial waters of Guam with8 out regard to whether the alien arrives in a foreign country before returning

9 to Guam.

10 (c) CREWMEMBERS EMPLOYED IN LABOR DISPUTES.—(1) An alien who

11 intends to land to perform service on a vessel of the United States (as de12 fined in section 2101 of title 46) or on an aircraft of an air carrier (as de13 fined in section 40102(a) of title 49) during a labor dispute in which there

14 is a strike or lockout of the bargaining unit of the employer in which the

15 alien intends to perform that service—

16 (A) is not entitled to the status of a nonimmigrant classified under

17 this section;

18 (B) may not be paroled into the United States under section 6123

19 of this title, unless the Attorney General decides that the parole of the

20 alien is necessary to protect the security of the United States; and

21 (C) is not a crewmember for purposes of section 2703(d) of this title.

22 (2) Paragraph (1) of this subsection does not apply to an alien if the air

23 carrier or owner or operator of the vessel employing the alien provides docu24 mentation that satisfies the Attorney General that the alien—

25 (A) has been employed by that employer for at least a one-year pe26 riod before the date that the strike or legal lockout began;

27 (B) has served as a qualified crewmember for that employer at least

28 once in each of 3 months during the 12-month period before that date;

29 and

30 (C) will continue to perform the same services that the alien provided

31 during the alien’s employment described in clause (B) of this para32 graph.

33 § 2306. Aliens entitled to enter for trade or investment

34 (a) DEFINITION.—In this section, ‘‘citizen of Mexico’’ has the same

35 meaning given that term in Annex 1608 of the North American Free Trade

36 Agreement.

37 (b) ELIGIBILITY UNDER TREATY.—An alien is classifiable as a non38 immigrant under this section if the alien—

39 (1) is entitled to enter the United States under a treaty of commerce

40 and navigation between the United States Government and the govern41 ment of the foreign country of which the alien is a national only—
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1 (A) to carry on an amount of trade (including trade in services

2 or technology) principally between the United States and the coun3 try of which the alien is a national that is substantial, as estab4 lished by the Secretary of State after consulting with the heads

5 of appropriate agencies; or

6 (B) to develop and direct the operations of an enterprise in

7 which the alien has invested or is actively in the process of invest8 ing an amount of capital that is substantial, as established by the

9 Secretary of State after consulting with appropriate agencies; or

10 (2) is the spouse or child of an alien described in clause (1) of this

11 subsection if accompanying or following to join the alien.

12 (c) ELIGIBILITY UNDER LEGISLATION.—An alien shall be classified as a

13 nonimmigrant under this section if the alien—

14 (1) is a national of the Philippines who is coming to the United

15 States, on a reciprocal basis under an agreement implemented under

16 the Act of June 18, 1954 (ch. 323, 68 Stat. 264), only to engage in

17 activities described in subsection (b)(1)(A) or (B) of this section;

18 (2) a national of Australia or Sweden who is coming to the United

19 States on a reciprocal basis only to engage in activities described in

20 subsection (b)(1)(A) or (B) of this section;

21 (3)(A) is a citizen of Canada; and

22 (B) is coming to the United States on a reciprocal basis under the

23 United States-Canada Free-Trade Agreement only for a purpose speci24 fied by Annex 1502.1 (United States of America), Part B—Traders

25 and Investors, of the United States-Canada Free-Trade Agreement, but

26 only if the purpose was specified by that Annex on January 1, 1989;

27 (4) subject to subsection (d) of this section—

28 (A) is a citizen of Canada or a citizen of Mexico; and

29 (B) is coming to the United States on a reciprocal basis under

30 the North American Free Trade Agreement only for a purpose

31 specified by section B of Annex 1603 of the Agreement, but only

32 if the purpose was specified by Annex 1603 on January 1, 1994;

33 or

34 (5) is the spouse or child of an alien described in clause (1), (2),

35 (3), or (4) of this subsection if accompanying or following to join the

36 alien.

37 (d) LABOR DISPUTES.—An alien described in subsection (c)(4) of this

38 section is not entitled to be classified as a nonimmigrant under that section

39 if there is a strike or lockout in progress during a labor dispute in the occu40 pational classification at the alien’s place or intended place of employment,

41 unless the alien establishes under regulations prescribed by the Attorney
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1 General that the alien’s entry will not adversely affect the settlement of the

2 strike or lockout or the employment of any individual who is involved in the

3 strike or lockout. Notice of a decision by the Attorney General under this

4 subsection shall be given in the way required by paragraph 3 of Article 1603

5 of the Agreement.

6 § 2307. Aliens entitled to enter for business activities at a

7 professional level under certain trade agreements

8 (a) DEFINITION.—In this section, ‘‘citizen of Mexico’’ has the same

9 meaning given that term in Annex 1608 of the North American Free Trade

10 Agreement.

11 (b) GENERAL.—An alien is classifiable as a nonimmigrant under this sec12 tion if the alien—

13 (1)(A) is a citizen of Canada;

14 (B) is coming to the United States under Annex 1502.1 (United

15 States of America), Part C—Professionals, of the United States-Can16 ada Free-Trade Agreement to engage in business activities at a profes17 sional level as provided in that Annex; and

18 (C) may be admitted to engage in those activities under regulations

19 prescribed by the Attorney General after consulting with the Secretar20 ies of State and Labor; or

21 (2)(A) subject to subsections (c)–(e) of this section—

22 (i) is a citizen of Canada or a citizen of Mexico;

23 (ii) is coming to the United States under section D of Annex

24 1603 of the North American Free Trade Agreement to engage in

25 business activities at a professional level as provided in Annex

26 1603; and

27 (iii) may be admitted to engage in those activities under regula28 tions prescribed by the Attorney General after consulting with the

29 Secretaries of State and Labor; or

30 (B) is the spouse or child of an alien described in subclause (A) of

31 this clause if accompanying or following to join the alien.

32 (c) NUMERICAL LIMITATIONS ON CITIZENS OF MEXICO.—(1) The Attor33 ney General shall establish an annual numerical limitation on the admission

34 of citizens of Mexico classified under subsection (b)(2) of this section, as

35 provided in Appendix 1603.D.4 of Annex 1603 of the North American Free

36 Trade Agreement. Subject to paragraph (2) of this subsection, the limita37 tion—

38 (A) may be increased after December 31, 1994, under paragraph

39 5(a) of section D of Annex 1603 of the Agreement; and

40 (B) shall cease to apply as provided in paragraph 3 of Appendix

41 1603.D.4.
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1 (2) The limitation referred to in paragraph (1) of this subsection may be

2 increased or shall cease to apply (other than under paragraph 3 of Appendix

3 1603.D.4) only if—

4 (A) the President has obtained advice about the proposed action

5 from the appropriate advisory committees established under section

6 135 of the Trade Act of 1974 (19 U.S.C. 2155);

7 (B) the President has submitted a report to the Committees on the

8 Judiciary of the Senate and the House of Representatives that states

9 the action proposed to be taken, the reasons for the proposed action,

10 and the advice obtained under clause (A) of this paragraph;

11 (C) at least 60 days have passed after the President meets the re12 quirements of clauses (A) and (B) of this paragraph; and

13 (D) the President consults with those committees during that 60-day

14 period about the proposed action.

15 (d) ADDITIONAL REQUIREMENTS FOR CITIZENS OF MEXICO.—During

16 the period that Appendix 1603.D.4 of Annex 1603 of the North American

17 Free Trade Agreement applies, an alien who is a citizen of Mexico and en18 ters under section D of Annex 1603 must comply—

19 (1) for a registered nurse, with the attestation requirements of sec20 tion 2902 of this title, to the extent and in the way provided by regula21 tions prescribed by the Secretary of Labor;

22 (2) for all other professions set out in Appendix 1603.D.1 of Annex

23 1603, with the application requirements of section 2351 of this title,

24 to the extent and in the way provided by regulations prescribed by the

25 Secretary of Labor; and

26 (3) with the employer petition requirements of this chapter, to the

27 extent and in the way provided by regulations prescribed by the Attor28 ney General.

29 (e) LABOR DISPUTES.—An alien who is a citizen of Canada or a citizen

30 of Mexico and who is coming to the United States under section C or D

31 of Annex 1603 of the North American Free Trade Agreement is not entitled

32 to be classified as a nonimmigrant under those sections if there is a strike

33 or lockout in progress during a labor dispute in the occupational classifica34 tion at the alien’s place or intended place of employment, unless the alien

35 establishes under regulations prescribed by the Attorney General that the

36 alien’s entry will not adversely affect the settlement of the strike or lockout

37 or the employment of any individual who is involved in the strike or lockout.

38 Notice of a decision by the Attorney General under this subsection shall be

39 given in the way required by paragraph 3 of Article 1603 of the Agreement.
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1 § 2308. Media representatives

2 On a reciprocal basis, an alien is classifiable as a nonimmigrant under

3 this section if the alien is—

4 (1) a representative of foreign information media who is coming to

5 the United States only to work as a representative of foreign informa6 tion media; or

7 (2) the spouse or child of an alien described in clause (1) of this sec8 tion if accompanying or following to join the alien.

9 § 2309. Aliens engaged to marry citizens

10 (a) GENERAL.—An alien is classifiable as a nonimmigrant under this sec11 tion if the alien is—

12 (1) engaged to marry a citizen of the United States and is coming

13 to the United States only to marry the citizen within 90 days after

14 entry; or

15 (2) the child of an alien described in clause (1) of this subsection

16 if accompanying or following to join the alien.

17 (b) FIANCEE OR FIANCE PETITIONS.—(1) The citizen fiancee or fiance

18 of an alien described in subsection (a)(1) of this section must file a petition

19 in the United States with the Attorney General. The petition must be in

20 the form and contain the information the Attorney General prescribes by

21 regulation. The Attorney General may approve the petition only if satisfied

22 that the parties—

23 (A) previously have met in person during the 2 years before the date

24 the petition was filed, except that the Attorney General may waive this

25 requirement;

26 (B) intend to marry; and

27 (C) are legally able and willing to marry not later than 90 days after

28 the alien arrives in the United States.

29 (2) The consular officer must receive the petition approved by the Attor30 ney General before a visa may be issued to the alien.

31 § 2310. Students in academic institutions and language

32 training programs

33 (a) GENERAL.—An alien is classifiable as a nonimmigrant under this sec34 tion if the alien—

35 (1)(A) has a residence in a foreign country that the alien has no in36 tention of abandoning;

37 (B) is a student qualified to take a full course of study; and

38 (C) is coming to the United States temporarily and only to take a

39 full course of study at an established academic institution or in a lan40 guage training program designated by the alien and approved by the

41 Attorney General under subsection (b) of this section; or
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1 (2) is the spouse or child of an alien described in clause (1) of this

2 subsection if accompanying or following to join the alien.

3 (b) APPROVAL OF INSTITUTIONS AND PROGRAMS.—(1) The Attorney

4 General may approve an institution or language training program referred

5 to in subsection (a) of this section only after—

6 (A) the Attorney General has consulted with the Secretary of Edu7 cation; and

8 (B) the institution or the place of study for the program has agreed

9 to report promptly to the Attorney General the termination of attend10 ance of each nonimmigrant student.

11 (2) The Attorney General shall withdraw the approval if the institution

12 or place of study fails to report promptly.

13 (c) WORK AUTHORIZATIONS.—(1) During the 5-year period that began

14 on October 1, 1991, the Attorney General may grant a work authorization

15 for an alien admitted as a nonimmigrant classified under subsection (a)(1)

16 of this section to be employed off-campus if—

17 (A) the alien has completed one academic year as such a non18 immigrant and is maintaining good academic standing at the edu19 cational institution;

20 (B) the employer provides the educational institution and the Sec21 retary of Labor with an attestation that the employer—

22 (i) has recruited for at least 60 days for the position; and

23 (ii) will pay the alien and other similarly situated workers not

24 less than the actual wage level for the occupation at the place of

25 employment, or the prevailing wage level for the occupation in the

26 area of employment, whichever is greater; and

27 (C) the alien will be employed no more than 20 hours each week dur28 ing the academic term.

29 (2) An alien described in this subsection may be employed on a full-time

30 basis during vacation periods and between academic terms.

31 (3) If the Secretary of Labor determines that an employer has provided

32 an attestation under this subsection that is materially false or has failed to

33 pay wages in accordance with the attestation, the employer shall be

34 disqualifed from employing an alien under this subsection after the Sec35 retary provides notice to the employer and an opportunity for a hearing.

36 (4) Not later than April 1, 1996, the Attorney General and the Secretary

37 of Labor shall submit to Congress a report on—

38 (A) whether the program of work authorization under this subsection

39 should be extended; and

40 (B) the impact of the program on the prevailing wages of workers.
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1 § 2311. Students in nonacademic institutions

2 (a) GENERAL.—An alien is classifiable as a nonimmigrant under this sec3 tion if the alien—

4 (1)(A) has a residence in a foreign country that the alien has no in5 tention of abandoning; and

6 (B) is coming to the United States temporarily and only to take a

7 full course of study (except in a language training program) at a recog8 nized nonacademic institution designated by the alien and approved by

9 the Attorney General under subsection (b) of this section; or

10 (2) is the spouse or child of an alien described in clause (1) of this

11 subsection if accompanying or following to join the alien.

12 (b) APPROVAL OF INSTITUTIONS.—(1) The Attorney General may ap13 prove an institution referred to in subsection (a) of this section only after—

14 (A) the Attorney General has consulted with the Secretary of Edu15 cation; and

16 (B) the institution has agreed to report promptly to the Attorney

17 General the termination of attendance of each nonimmigrant student.

18 (2) The Attorney General shall withdraw the approval if the institution

19 fails to report promptly.

20 § 2312. Participants in programs designated by the Director

21 of the United States Information Agency

22 (a) GENERAL.—An alien is classifiable as a nonimmigrant under this sec23 tion if the alien—

24 (1)(A) has a residence in a foreign country that the alien has no in25 tention of abandoning;

26 (B) is a student, scholar, trainee, teacher, researcher, leader, or simi27 lar individual in a field of specialized knowledge or skill; and

28 (C) is coming to the United States temporarily to teach, lecture,

29 study, observe, conduct research, consult, receive training, or dem30 onstrate special skills in a program designated by the Director of the

31 United States Information Agency, and, if coming to participate in a

32 program in which the alien will receive graduate medical education or

33 training, satisfies the requirements of subsections (b) and (c) of this

34 section; or

35 (2) is the spouse or child of an alien described in clause (1) of this

36 subsection if accompanying or following to join the alien.

37 (b) ADDITIONAL REQUIREMENTS FOR ALIENS IN MEDICAL PROGRAMS.—

38 The following additional requirements apply to an alien coming to the Unit39 ed States as a nonimmigrant classified under subsection (a)(1) of this sec40 tion to participate in a program in which the alien will receive graduate

41 medical education or training:
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1 (1) A school of medicine or of another health profession accredited

2 by a body approved by the Secretary of Education must agree in writ3 ing to provide the graduate medical education or training under the

4 program for which the alien is coming to the United States or to ar5 range for an appropriate public or nonprofit private agency or institu6 tion to provide the education or training. Before making the agree7 ment, the school must be satisfied that the alien satisfies paragraph

8 (2) of this subsection. If the agreement is by a school of medicine, any

9 of its affiliated hospitals that will participate in providing the education

10 or training must be a party to the agreement.

11 (2) The alien must—

12 (A) have graduated from a school of medicine accredited by a

13 body approved by the Secretary of Education (regardless of wheth14 er the school is in the United States); or

15 (B)(i) have passed parts I and II of the National Board of Med16 ical Examiners Examination or an examination the Secretary of

17 Health and Human Services decides is equivalent;

18 (ii) be competent in oral and written English;

19 (iii) be able to adapt to the educational and cultural environ20 ment in which the alien will be receiving the education or training;

21 and

22 (iv) have adequate prior education and training to participate

23 satisfactorily in the program.

24 (3) The government of the foreign country of the alien’s nationality

25 or last residence must provide a written assurance satisfactory to the

26 Secretary of Health and Human Services that the country needs indi27 viduals with the skills the alien will acquire in the program.

28 (4) The alien must agree to return to the foreign country of the

29 alien’s nationality or last residence on completing the program.

30 (5) The alien must give the Attorney General annually an affidavit

31 (in the form prescribed by the Attorney General) attesting that the

32 alien—

33 (A) is in good standing in the program; and

34 (B) will return to the foreign country of the alien’s nationality

35 or last residence on completing the program.

36 (6) The alien’s participation in the program is limited to the period

37 typically required to complete the program, as determined by the Direc38 tor at the time the alien enters the United States. The Director shall

39 base the determination on criteria, established in coordination with the

40 Secretary of Health and Human Services, that consider the published
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1 requirements of the medical specialty board administering the program.

2 However—

3 (A) the period may be more than 7 years only if the alien satis4 fies the Director that the foreign country to which the alien will

5 return on completing the program has an exceptional need for an

6 individual with the skills the alien will acquire in the program; and

7 (B) the alien may change programs once within the first 2 years

8 after entering the United States as a nonimmigrant classified

9 under subsection (a)(1) of this section or acquiring the status of

10 a nonimmigrant classified under subsection (a)(1) if the Director

11 approves the change and a written assurance and an agreement

12 are given for the new program as provided in paragraphs (3) and

13 (4) of this subsection.

14 (c) SATISFACTION OF REQUIREMENTS BY CERTAIN MEDICAL SCHOOL

15 GRADUATES.—An alien who is a graduate of a medical school satisfies sub16 section (b)(2)(B)(i) of this section if the alien on January 9, 1978—

17 (1) was completely and permanently licensed to practice medicine in

18 a State; and

19 (2) was practicing medicine in a State.

20 (d) REPORT ON AFFIDAVITS.—The Director shall submit to Congress

21 each year a report on aliens who have submitted affidavits under subsection

22 (b)(5) of this section. The report shall include the name and address of each

23 alien, the program of graduate medical education or training in which the

24 alien is participating, and the status of the alien in the program.

25 § 2313. Aliens employed temporarily in specialty occupa26 tions or as fashion models

27 (a) GENERAL.—Except as provided in subsection (e) of this section, an

28 alien is classifiable as a nonimmigrant under this section if—

29 (1)(A) the alien is coming to the United States temporarily to be em30 ployed in a specialty occupation (except as a registered nurse during

31 the period specified by section 2325(c) of this title or to perform serv32 ices described in section 2314, 2318, or 2319 of this title) that requires

33 theoretical and practical application of a body of highly specialized

34 knowledge and a bachelor’s, or higher, degree in the specific specialty,

35 or its equivalent, as a minimum for entry into the occupation in the

36 United States;

37 (B) the alien—

38 (i) is fully licensed by a State to practice the occupation if a

39 license is required to practice that occupation;

40 (ii) has completed the degree described in this subclause (A) of

41 this paragraph for that occupation; or
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1 (iii) has experience in the specialty equivalent to the completion

2 of that degree and recognition of expertise in the specialty through

3 progressively more responsible positions related to the specialty;

4 and

5 (C) the Secretary of Labor has certified to the Attorney General that

6 the employer intending to employ the alien has filed with the Secretary

7 an application under section 2351 of this title;

8 (2)(A) the alien is coming to the United States temporarily to be em9 ployed as a fashion model and demonstrates distinguished merit and

10 ability; and

11 (B) the Secretary of Labor has certified to the Attorney General that

12 the employer intending to employ the alien has filed with the Secretary

13 an application under section 2351 of this title; or

14 (3) the alien is the spouse or child of an alien described in clause

15 (1) or (2) of this subsection if accompanying or following to join the

16 alien.

17 (b) NUMERICAL AND TIME LIMITATIONS.—(1) The total number of aliens

18 who may be issued visas or provided status as nonimmigrants classified

19 under subsection (a)(1) and (2) of this section during a fiscal year is

20 65,000. Those aliens shall be classified as nonimmigrants under that sub21 section in the order in which petitions are filed for that classification.

22 (2) An alien classified as a nonimmigrant under subsection (a)(1) or (2)

23 of this section may be admitted to the United States for not more than 6

24 years.

25 (c) EMPLOYER PETITIONS.—(1) An employer intending to bring to the

26 United States an alien described in subsection (a)(1) or (2) of this section

27 must file a petition with the Attorney General. The petition must be in the

28 form and contain the information the Attorney General prescribes. Before

29 approving a petition, the Attorney General shall consult with the heads of

30 appropriate agencies. The Attorney General must approve the petition be31 fore a visa may be issued to the alien. Approval of the petition does not

32 establish by itself that the alien is a nonimmigrant.

33 (2) If a petition is filed and denied under this subsection, the Attorney

34 General shall notify the petitioner of the decision and the reasons for the

35 denial and the way in which the petitioner may appeal the decision.

36 (d) LIMITATIONS ON ADMISSION OF MEDICAL SCHOOL GRADUATES.—An

37 alien who is a graduate of a medical school and is coming to the United

38 States to perform services as a member of the medical profession may be

39 admitted as a nonimmigrant classified under subsection (a)(1) of this sec40 tion only if the alien—
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1 (1) is coming to the United States at the invitation of a public or

2 nonprofit private educational or research institution or agency in the

3 United States to teach or conduct research, or both, at or for the insti4 tution or agency; or

5 (2)(A) has passed the licensing examination administered by the

6 Federation of State Medical Boards of the United States or an exam7 ination the Secretary of Health and Human Services decides is equiva8 lent; and

9 (B)(i) is competent in oral and written English; or

10 (ii) is a graduate of a medical school that is accredited by a body

11 approved by the Secretary of Education (regardless of whether the

12 school is in the United States).

13 (e) INTENTION TO ABANDON RESIDENCE IN A FOREIGN COUNTRY.—For

14 purposes of obtaining a visa or acquiring or maintaining the status of a

15 nonimmigrant classified under subsection (a)(1) or (2) of this section, the

16 fact that an alien is the beneficiary of an application for a preference status

17 filed under subchapter I of chapter 43 of this title or otherwise has sought

18 permanent residence in the United States is not evidence of an intention

19 to abandon a residence in a foreign country if the alien has acquired a

20 change of status under section 9109 of this title to a classification as such

21 a nonimmigrant before the alien’s most recent departure from the United

22 States.

23 § 2314. Temporary and seasonal agricultural employees

24 (a) GENERAL.—An alien is classifiable as a nonimmigrant under this sec25 tion if the alien—

26 (1)(A) has a residence in a foreign country that the alien has no in27 tention of abandoning; and

28 (B) is coming to the United States temporarily to perform temporary

29 or seasonal agricultural labor or services as defined by the Secretary

30 of Labor by regulation, including agricultural labor as defined in sec31 tion 3121(g) of the Internal Revenue Code of 1986 (26 U.S.C.

32 3121(g)) and agriculture as defined in section 3 of the Fair Labor

33 Standards Act of 1938 (29 U.S.C. 203); or

34 (2) is the spouse or child of an alien described in clause (1) of this

35 subsection if accompanying or following to join the alien.

36 (b) EMPLOYER PETITIONS.—(1) An employer intending to bring to the

37 United States an alien described in subsection (a)(1) of this section must

38 file a petition with the Attorney General. The petition must be in the form

39 and contain the information the Attorney General prescribes. Before approv40 ing a petition, the Attorney General shall consult with the heads of appro41 priate agencies, including the Secretaries of Labor and Agriculture. The At-
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1 torney General may approve the petition only after the petitioner has ap2 plied to the Secretary of Labor for a certification under section 2502 of this

3 title. The Attorney General must approve the petition before a visa may be

4 issued to the alien. Approval of the petition does not establish by itself that

5 the alien is a nonimmigrant.

6 (2) If a petition is filed and denied under this subsection, the Attorney

7 General shall notify the petitioner of the decision and the reasons for the

8 denial and the way in which the petitioner may appeal the decision.

9 § 2315. Aliens performing labor or services for which United

10 States workers are unavailable

11 (a) GENERAL.—An alien is classifiable as a nonimmigrant under this sec12 tion if the alien—

13 (1)(A) is not a graduate of a medical school coming to the United

14 States to perform services as a member of the medical profession;

15 (B) has a residence in a foreign country that the alien has no inten16 tion of abandoning; and

17 (C) is coming to the United States temporarily to perform temporary

18 labor or services (except labor or services described in section 2314 of

19 this title) for which unemployed workers able to perform the labor or

20 services are unavailable in the United States; or

21 (2) is the spouse or child of an alien described in clause (1) of this

22 subsection if accompanying or following to join the alien.

23 (b) NUMERICAL LIMITATIONS.—The total number of aliens who may be

24 issued visas or provided status as nonimmigrants classified under subsection

25 (a)(1) of this section during a fiscal year is 66,000. Those aliens shall be

26 classified as nonimmigrants under that subsection in the order in which pe27 titions are filed for that classification.

28 (c) EMPLOYER PETITIONS.—(1) An employer intending to bring to the

29 United States an alien described in subsection (a)(1) of this section must

30 file a petition with the Attorney General. The petition must be in the form

31 and contain the information the Attorney General prescribes. Before approv32 ing a petition, the Attorney General shall consult with the heads of appro33 priate agencies. The Attorney General must approve the petition before a

34 visa may be issued to the alien. Approval of the petition does not establish

35 by itself that the alien is a nonimmigrant.

36 (2) If a petition is filed and denied under this subsection, the Attorney

37 General shall notify the petitioner of the decision and the reasons for the

38 denial and the way in which the petitioner may appeal the decision.

39 (d) EMPLOYMENT IN THE VIRGIN ISLANDS.—The Attorney General may

40 approve a petition filed for an alien described in subsection (a)(1) of this

41 section for employment in the Virgin Islands only—
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1 (1) if the alien is to be employed as an entertainer or athlete; and

2 (2) for not more than 45 days.

3 § 2316. Aliens receiving training

4 (a) GENERAL.—An alien is classifiable as a nonimmigrant under this sec5 tion if the alien—

6 (1)(A) has a residence in a foreign country that the alien has no in7 tention of abandoning; and

8 (B) is coming to the United States temporarily to receive training

9 (except graduate medical education or training) in a training program

10 that is not designed primarily to provide productive employment; or

11 (2) is the spouse or child of an alien described in clause (1) of this

12 section if accompanying or following to join the alien.

13 (b) EMPLOYER PETITIONS.—(1) An employer intending to bring to the

14 United States an alien described in subsection (a)(1) of this section must

15 file a petition with the Attorney General. The petition must be in the form

16 and contain the information the Attorney General prescribes. Before approv17 ing a petition, the Attorney General shall consult with the heads of appro18 priate agencies. The Attorney General must approve the petition before a

19 visa may be issued to the alien. Approval of the petition does not establish

20 by itself that the alien is a nonimmigrant.

21 (2) If a petition is filed and denied under this subsection, the Attorney

22 General shall notify the petitioner of the decision and the reasons for the

23 denial and the way in which the petitioner may appeal the decision.

24 § 2317. Intra-company transferees

25 (a) GENERAL.—(1) An alien is classifiable as a nonimmigrant under this

26 section if the alien—

27 (A) within 3 years before applying for admission, has been employed

28 continuously for at least one year by a corporation or other legal entity

29 or an affiliate or subsidiary of the entity and is coming to the United

30 States temporarily to continue employment with the same employer or

31 an affiliate or subsidiary of the entity—

32 (i) in an executive or managerial capacity; or

33 (ii) that involves a specialized knowledge of the product of the

34 entity, affiliate, or subsidiary and its application in international

35 markets or an advanced level of knowledge of processes and proce36 dures of the entity, affiliate, or subsidiary and the alien has that

37 knowledge; or

38 (B) is the spouse or child of an alien described in clause (A) of this

39 paragraph if accompanying or following to join the alien.

40 (2) The period of admission for an alien classified as a nonimmigrant

41 under—
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1 (A) paragraph (1)(A)(i) of this subsection may be not more than 7

2 years; and

3 (B) paragraph (1)(A)(ii) of this subsection may be not more 5 years.

4 (3) In applying paragraph (1) of this subsection, a partnership or similar

5 organization organized outside the United States to provide accounting serv6 ices is deemed to be an affiliate of a partnership organized in the United

7 States to provide accounting services if—

8 (A) the partnership or similar organization organized outside the

9 United States markets its accounting services under an internationally

10 recognized name under an agreement with a worldwide coordinating or11 ganization owned and controlled by the member accounting firms of

12 which the United States partnership is also a member; and

13 (B) the United States partnership markets its accounting services

14 under the same internationally recognized name under an agreement

15 with the worldwide coordinating organization.

16 (b) EMPLOYER PETITIONS.—(1) An employer intending to bring to the

17 United States an alien described in subsection (a)(1)(A) of this section must

18 file a petition with the Attorney General. The petition must be in the form

19 and contain the information the Attorney General prescribes. Before approv20 ing a petition, the Attorney General shall consult with the heads of appro21 priate agencies. The Attorney General must approve the petition before a

22 visa may be issued to the alien. Approval of the petition does not establish

23 by itself that the alien is a nonimmigrant.

24 (2) The Attorney General shall establish a procedure under which an em25 ployer that meets the requirements the Attorney General prescribes may file

26 a petition for more than one alien described in subsection (a)(1)(A) of this

27 section instead of filing individual petitions under paragraph (1) of this sub28 section for those aliens. The procedure shall allow the expedited processing

29 of visas for the entry of aliens under such a petition.

30 (3) The Attorney General shall provide for a procedure for reviewing and

31 acting on petitions filed under this subsection not later than 30 days after

32 the date a completed petition is filed.

33 (4) If a petition is filed and denied under this subsection, the Attorney

34 General shall notify the petitioner of the decision and the reasons for the

35 denial and the way in which the petitioner may appeal the decision.

36 (c) INTENTION TO ABANDON RESIDENCE IN A FOREIGN COUNTRY.—For

37 purposes of obtaining a visa or acquiring or maintaining the status of a

38 nonimmigrant classified under subsection (a)(1)(A) of this section, the fact

39 that an alien is the beneficiary of an application for a preference status filed

40 under subchapter I of chapter 43 of this title or otherwise has sought per41 manent residence in the United States is not evidence of an intention to
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1 abandon a residence in a foreign country if the alien has acquired a change

2 of status under section 9109 of this title to a classification as such a non3 immigrant before the alien’s most recent departure from the United States.

4 § 2318. Aliens with extraordinary ability or with distinction

5 in the arts, motion pictures, or television

6 (a) GENERAL.—An alien is classifiable as a nonimmigrant under this sec7 tion if the alien—

8 (1)(A)(i) has extraordinary ability in the sciences, education, busi9 ness, or athletics as demonstrated by sustained national or inter10 national acclaim;

11 (ii) is distinguished in the arts as demonstrated by sustained na12 tional or international acclaim; or

13 (iii) with regard to motion picture and television productions has

14 demonstrated a record of extraordinary achievement and whose achieve15 ments have been recognized in the field through extensive documenta16 tion; and

17 (B) is coming to the United States to continue work in that field

18 of extraordinary ability, distinction, or extraordinary achievement;

19 (2) has a residence in a foreign country that the alien has no inten20 tion of abandoning and—

21 (A) is coming to the United States temporarily and only to ac22 company and assist in the artistic or athletic performance for any

23 specific event by an alien described in clause (1) of this subsection;

24 (B) is an integral part of the actual performance; and

25 (C)(i) has critical skills and experience with the alien described

26 in clause (1) of this section that are not general in nature and

27 that cannot be performed by other individuals; or

28 (ii) for a motion picture or television production, has skills and

29 experience with the alien described in clause (1) of this subsection

30 that are not general in nature and are critical because of a long31 standing working relationship or, for a specific production, because

32 significant production (including pre-production and post-produc33 tion work) will take place both inside and outside the United

34 States and the continuing participation of the alien described in

35 this clause is essential to the successful completion of the produc36 tion; or

37 (3) is the spouse or child of an alien described in clause (1) or (2)

38 of this subsection if accompanying or following to join the alien.

39 (b) PERIOD OF ADMISSION.—An alien classified as a nonimmigrant under

40 this section may be admitted for the period the Attorney General specifies

41 to provide for any event for which the nonimmigrant is admitted.
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1 (c) EMPLOYER PETITIONS.—(1) An employer intending to bring to the

2 United States an alien described in subsection (a)(1) or (2) of this section

3 must file a petition with the Attorney General. The petition must be in the

4 form and contain the information the Attorney General prescribes. Before

5 approving a petition, the Attorney General shall consult with the heads of

6 appropriate agencies. The Attorney General must approve the petition be7 fore a visa may be issued to the alien. Approval of the petition does not

8 establish by itself that the alien is a nonimmigrant.

9 (2) If a petition is filed and denied under this subsection, the Attorney

10 General shall notify the petitioner of the decision and the reasons for the

11 denial and the way in which the petitioner may appeal the decision.

12 (d) CONSULTATION REQUIREMENTS.—The Attorney General may approve

13 a petition under subsection (c) of this section only after the petitioner satis14 fies the consultation requirements of section 2352 of this title.

15 § 2319. Athletes and entertainers

16 (a) GENERAL.—An alien is classifiable as a nonimmigrant under this sec17 tion if the alien—

18 (1) has a residence in a foreign country that the alien has no inten19 tion of abandoning who—

20 (A)(i) performs as an athlete, individually or as a member of

21 a group or team, at an internationally recognized level of perform22 ance; and

23 (ii) is coming to the United States temporarily and only to per24 form as an athlete for a specific athletic competition;

25 (B)(i) performs with, or is an integral and essential part of the

26 performance of, an entertainment group that, except as provided

27 in section 2353(b)(1)(A) of this title, has been recognized inter28 nationally as being outstanding in the discipline for a sustained

29 and substantial period of time;

30 (ii) if a performer or entertainer, except as provided in section

31 2353(b)(1)(B) and (2) of this title, has had a sustained and sub32 stantial relationship with that group (ordinarily for at least one

33 year) and performs functions integral to the performance of the

34 group; and

35 (iii) is coming to the United States temporarily and only to per36 form as such a performer or entertainer or as an integral and es37 sential part of a performance;

38 (C)(i) performs as an artist or entertainer, individually or as a

39 member of a group, or is an integral part of the performance of

40 that group; and
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1 (ii) is coming to the United States temporarily and only to per2 form as such an artist or entertainer or with that group under a

3 reciprocal exchange program between an organization in the

4 United States and an organization in a foreign country that pro5 vides for the temporary exchange of artists and entertainers; or

6 (D)(i) performs as an artist or entertainer, individually or as a

7 member of a group, or is an integral part of the performance of

8 that group; and

9 (ii) is coming to the United States temporarily and only to per10 form, teach, or coach as such an artist or entertainer or with that

11 group under a commercial or non-commercial program that is cul12 turally unique; or

13 (2) is the spouse or child of an alien described in clause (1) of this

14 section if accompanying or following to join the alien.

15 (b) PERIOD OF ADMISSION.—(1) Except as provided in paragraph (2) of

16 this subsection, an alien classified as a nonimmigrant under this section

17 may be admitted for the period the Attorney General specifies in order to

18 provide for any competition, event, or performance for which the non19 immigrant is admitted.

20 (2) An alien classified as a nonimmigrant under this section and admitted

21 as an individual athlete may be admitted for an initial period of not more

22 than 5 years during which the nonimmigrant will perform as an athlete. The

23 Attorney General may extend that period for an additional period of not

24 more than 5 years.

25 (c) PETITIONS.—(1) Any person may file a petition with the Attorney

26 General for an alien described in subsection (a) of this section.

27 (2) An employer intending to bring to the United States an alien de28 scribed in subsection (a)(1)(A) or (B) of this section must file a petition

29 with the Attorney General. The petition filed under this paragraph must be

30 in the form and contain the information the Attorney General prescribes.

31 Before approving a petition, the Attorney General shall consult with the

32 heads of appropriate agencies. The Attorney General must approve the peti33 tion before a visa may be issued to the alien. Approval of the petition does

34 not establish by itself that the alien is a nonimmigrant.

35 (3) If a petition is filed and denied under this subsection, the Attorney

36 General shall notify the petitioner of the decision and the reasons for the

37 denial and the way in which the petitioner may appeal the decision.

38 (d) CONSULTATION REQUIREMENTS.—The Attorney General may approve

39 a petition under subsection (c) of this section only after the petitioner satis40 fies the consultation requirements of section 2353 of this title.
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1 § 2320. Participants in international exchange programs

2 An alien is classifiable as a nonimmigrant under this section if the

3 alien—

4 (1) has a residence in a foreign country that the alien has no inten5 tion of abandoning;

6 (2) is coming to the United States for a period of not more than

7 15 months to participate in an international cultural exchange program

8 approved by the Attorney General that provides practical training, em9 ployment, and the sharing of history, culture, and traditions of the for10 eign country of the alien’s nationality; and

11 (3) will be employed for the same wages and under the same working

12 conditions as United States workers.

13 § 2321. Aliens in religious occupations

14 An alien is classifiable as a nonimmigrant under this section if the

15 alien—

16 (1)(A) for the 2 years immediately before the alien’s application for

17 admission, has been a member of a religious denomination that has a

18 bona fide nonprofit religious organization in the United States; and

19 (B) is coming to the United States for a period of not more than

20 5 years to perform work described in section 134(a)(3)(A)(ii)(I), (II),

21 or (III) of this title; or

22 (2) is the spouse or child of an alien described in clause (1) of this

23 section if accompanying or following to join the alien.

24 § 2322. Participants in cooperative research, development,

25 and coproduction projects

26 (a) GENERAL.—On a reciprocal basis, an alien is classifiable as a non27 immigrant under this section if the alien—

28 (1)(A) has a residence in a foreign country that the alien has no in29 tention of abandoning; and

30 (B) is coming to the United States for not more than 10 years to

31 provide services of an exceptional nature requiring merit and ability re32 lated to a cooperative research and development project or a

33 coproduction project provided under a government-to-government

34 agreement carried out by the Secretary of Defense; or

35 (2) is the spouse or child of an alien described in clause (1) of this

36 section if accompanying or following to join the alien.

37 (b) NUMERICAL LIMITATION.—Not more than 100 aliens classified as

38 nonimmigrants under this section may be admitted as, or given the status

39 of, a nonimmigrant classified under this section at any time.
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1 § 2323. Participants in special education programs

2 (a) GENERAL.—An alien is classifiable as a nonimmigrant under this sec3 tion if the alien—

4 (1)(A) has a residence in a foreign country that the alien has no in5 tention of abandoning; and

6 (B) is coming to the United States for not more than 18 months

7 to participate in a special education training program that provides

8 practical training and experience in educating children with physical,

9 mental, or emotional disabilities; or

10 (2) is the spouse or child of an alien described in clause (1) of this

11 section if accompanying or following to join the alien.

12 (b) NUMERICAL LIMITATION.—Not more than 50 aliens classified as

13 nonimmigrants under this section may be admitted as, or given the status

14 of, a nonimmigrant classified under this section in a fiscal year.

15 § 2324. Relatives of special immigrants

16 An alien is classifiable as a nonimmigrant under this section if the alien

17 is—

18 (1) the parent of an alien who is a special immigrant as defined in

19 section 134(a)(9) of this title, but only when the alien is a child; or

20 (2) a child of—

21 (A) a parent described in clause (1) of this section; or

22 (B) an alien who is a special immigrant as defined in section

23 134(a)(10) or (11) of this title.

24 § 2325. Registered nurses

25 (a) DEFINITION.—In this section, ‘‘facility’’ includes an employer that

26 employs registered nurses in a home setting.

27 (b) GENERAL.—An alien is classifiable as a nonimmigrant under this sec28 tion if the alien—

29 (1)(A) is coming to the United States temporarily to perform serv30 ices as a registered nurse;

31 (B) has obtained a full and unrestricted license to practice profes32 sional nursing in the foreign country in which the alien obtained nurs33 ing education or has received nursing education in the United States

34 or Canada;

35 (C) has passed an appropriate examination (recognized in regula36 tions prescribed in consultation with the Secretary of Health and

37 Human Services) or has a full and unrestricted license under State law

38 to practice professional nursing in the State of intended employment;

39 (D) is fully qualified and eligible under the laws (including tem40 porary licensing requirements authorizing the nurse to be employed)

41 governing the place of intended employment to engage in the practice
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1 of professional nursing as a registered nurse immediately on admission

2 to the United States and is authorized under those laws to be employed by

3 the facility; and

4 (E) is one for whom the Secretary of Labor has certified to the At5 torney General that each facility (including the petitioner under sub6 section (c)(1) of this section and each worksite, except a private house7 hold worksite, that is not the alien’s employer or controlled by the em8 ployer) at which the alien will perform the services has an attestation

9 on file and in effect under section 2902 of this title; or

10 (2) is the spouse or child of an alien described in clause (1) of this

11 subsection if accompanying or following to join the alien.

12 (c) EMPLOYER PETITIONS.—(1) An employer intending to bring to the

13 United States an alien described in subsection (b)(1) of this section must

14 file a petition with the Attorney General. The Attorney General may ap15 prove a petition filed under this section only if the petition is filed during

16 the period from September 1, 1990, through August 31, 1995. The petition

17 must be in the form and contain the information the Attorney General pre18 scribes. Before approving a petition, the Attorney General shall consult with

19 the heads of appropriate agencies. The Attorney General must approve the

20 petition before a visa may be issued to the alien. Approval of a petition does

21 not establish by itself that the alien is a nonimmigrant.

22 (2) If a petition is filed and denied under this subsection, the Attorney

23 General shall notify the petitioner of the decision and the reasons for the

24 denial and the way in which the petitioner may appeal the decision.

25 (d) PERIOD OF ADMISSION.—An alien classified as a nonimmigrant under

26 this section may be admitted for an initial period of not more than 3 years.

27 The initial period may be extended for one or more periods, but the total

28 period of admission may not be more than 5 years (or 6 years if the Attor29 ney General decides there are extraordinary circumstances).

30 (e) INTENTION TO ABANDON RESIDENCE IN A FOREIGN COUNTRY.—For

31 purposes of obtaining a visa or acquiring or maintaining the status of a

32 nonimmigrant classified under this section, the fact that an alien is the ben33 eficiary of an application for a preference status filed under subchapter I

34 of chapter 43 of this title or otherwise has sought permanent residence in

35 the United States is not evidence of an intention to abandon a residence

36 in a foreign country if the alien has acquired a change of status under sec37 tion 9109 of this title to a classification as such a nonimmigrant before the

38 alien’s most recent departure from the United States.
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1 § 2326. Aliens with information concerning criminal or ter2 rorist organizations

3 (a) GENERAL.—An alien is classifiable as a nonimmigrant under this sec4 tion if—

5 (1) the Attorney General decides that—

6 (A) the alien is in possession of critical reliable information con7 cerning a criminal organization or enterprise;

8 (B) the alien is willing to supply or has supplied that informa9 tion to United States Government or State law enforcement au10 thorities or a Federal or State court; and

11 (C) the presence of the alien in the United States is essential

12 to the success of an authorized criminal investigation or the suc13 cessful prosecution of an individual involved in the criminal orga14 nization or enterprise;

15 (2) the Secretary of State and the Attorney General jointly decide

16 that the alien—

17 (A) is in possession of critical reliable information concerning a

18 terrorist organization, enterprise, or operation;

19 (B) is willing to supply or has supplied that information to Gov20 ernment law enforcement authorities or a Federal court;

21 (C) will be or has been placed in danger as a result of providing

22 that information; and

23 (D) is eligible to receive a reward under section 36(a) of the

24 State Department Basic Authorities Act of 1956 (22 U.S.C.

25 2708(a)); or

26 (3)(A) the alien is the spouse, son or daughter, or parent of an alien

27 described in clause (1) or (2) of this subsection accompanying or fol28 lowing to join that alien; and

29 (B) the Attorney General (with respect to an alien described in

30 clause (1) of this subsection) or the Secretary and the Attorney Gen31 eral jointly (with respect to an alien described in clause (2) of this sub32 section) consider the nonimmigrant classification of the spouse, son or

33 daughter, or parent appropriate.

34 (b) NUMERICAL AND TIME LIMITATIONS.—(1) Not more than—

35 (A) 100 aliens may be provided a visa as a nonimmigrant classified

36 under subsection (a)(1) of this section in a fiscal year; and

37 (B) 25 aliens may be provided a visa as a nonimmigrant classified

38 under subsection (a)(2) of this section in a fiscal year.

39 (2) An alien classified as a nonimmigrant under subsection (a) (1) or (2)

40 of this section may be admitted to the United States for not more than 3

41 years. The Attorney General may not extend the period of admission.
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1 (3) An alien classified as a nonimmigrant under subsection (a)(1) or (2)

2 of this section may not be admitted to the United States after September

3 13, 1999.

4 (c) ALIEN REQUIREMENTS.—As a condition of admission and continued

5 stay in lawful status, an alien classified as a nonimmigrant under subsection

6 (a)(1) or (2) of this section—

7 (1) shall report at least quarterly to the Attorney General informa8 tion concerning the alien’s whereabouts and activities the Attorney

9 General requires;

10 (2) may not be convicted, after the alien is admitted to the United

11 States, of a criminal offense punishable by a term of imprisonment of

12 at least one year;

13 (3) must have executed a form waiving the alien’s right to contest,

14 other than on the basis of an application for withholding of deporta15 tion, any action for deportation of the alien begun before the alien ob16 tains lawful permanent resident status; and

17 (4) shall comply with any other condition, limitation, or restriction

18 the Attorney General imposes.

19 (d) REPORT BY ATTORNEY GENERAL.—The Attorney General shall sub20 mit a report annually to the Committees on the Judiciary of the House of

21 Representatives and the Senate on—

22 (1) the number of aliens classified as nonimmigrants under sub23 section (a)(1) or (2) of this section and admitted to the United States;

24 (2) the number of successful criminal prosecutions or investigations

25 resulting from the cooperation of those aliens;

26 (3) the number of terrorist acts prevented or frustrated resulting

27 from the cooperation of those aliens;

28 (4) the number of aliens classified as nonimmigrants under sub29 section (a)(1) or (2) of this section and admitted to the United States

30 whose admission or cooperation has not resulted in successful criminal

31 prosecution or investigation or the prevention or frustration of a terror32 ist act; and

33 (5) the number of aliens who have failed to report as required under

34 subsection (c)(1) of this section or who have been convicted of crimes

35 in the United States after the date of their admission as

36 nonimmigrants classified under subsection (a)(1) or (2) of this section.
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1 SUBCHAPTER II—SPECIAL REQUIREMENTS

2 § 2351. Employer applications for aliens employed tempo3 rarily in specialty occupations or as fashion mod4 els

5 (a) GENERAL.—An alien may be admitted as, or provided the status of,

6 a nonimmigrant classified under section 2313(a)(1) or (2) of this title only

7 after the employer intending to employ the alien files an application with

8 the Secretary of Labor stating the following:

9 (1) The employer—

10 (A) during the period of authorized employment, is offering and

11 will offer the nonimmigrant wages that, based on the best infor12 mation available at the time the application is filed, are at least

13 the greater of—

14 (i) the actual wage level paid by the employer to all other

15 individuals with similar experience and qualifications for the

16 specific employment in question; or

17 (ii) the prevailing wage level of the occupational classifica18 tion in the area of employment; and

19 (B) will provide working conditions for the nonimmigrant that

20 will not adversely affect the working conditions of workers simi21 larly employed.

22 (2) There is no strike or lockout during a labor dispute in the occu23 pational classification at the place of employment.

24 (3) At the time the application was filed, the employer—

25 (A) provided notice of the filing of an application under this

26 subsection to the bargaining representative of the employer’s em27 ployees in the occupational classification and area for which aliens

28 are sought; or

29 (B) if there is no bargaining representative, posted notice of the

30 filing in conspicuous locations at the place of employment.

31 (4) There is a specification of the number of workers sought, the oc32 cupational classification in which the workers will be employed, and

33 wage rate and conditions under which they will be employed.

34 (b) PUBLIC AVAILABILITY OF APPLICATIONS AND APPLICATION LISTS.—

35 (1) Not later than one working day after the date on which an application

36 under this subsection is filed, the employer shall make available for public

37 examination at the employer’s principal place of business or worksite a copy

38 of each application filed under subsection (a) of this section and necessary

39 accompanying documentation.

40 (2) On a current basis and by employer and occupational classification,

41 the Secretary shall compile a list of the applications filed. That list shall
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1 include the wage rate, number of aliens sought, period of intended employ2 ment, and the date of need. The Secretary shall make that list available for

3 public examination in the District of Columbia.

4 (c) SECRETARIAL REVIEW OF APPLICATIONS.—The Secretary shall re5 view an application only for completeness and obvious inaccuracies. Unless

6 the Secretary finds that the application is incomplete or obviously inac7 curate, the Secretary shall make the certification described in section

8 2313(a)(1)(C) or (2)(B) of this title not later than 7 days after the date the

9 application is filed.

10 (d) FAILURE TO MEET APPLICATION CONDITIONS AND MISREPRESENTA11 TIONS.—(1) The Secretary shall establish a procedure for receiving, inves12 tigating, and disposing of complaints about a petitioner’s failure to meet a

13 condition specified by an application submitted under subsection (a) of this

14 section or a petitioner’s misrepresentation of a material fact in that applica15 tion. An aggrieved person (including a bargaining representative) may file

16 a complaint under this subsection but the complaint must be filed not later

17 than 12 months after the date of the failure or misrepresentation. The Sec18 retary shall conduct an investigation as provided in this subsection if there

19 is reasonable cause to believe that a failure or misrepresentation has oc20 curred.

21 (2) Not later than 30 days after the date a complaint is filed, the Sec22 retary shall decide whether a reasonable basis exists to make a finding

23 under paragraph (3) or (4) of this subsection. If the Secretary decides that

24 a reasonable basis exists, the Secretary shall provide interested parties no25 tice and an opportunity for a hearing under section 556 of title 5 about

26 the complaint not later than 60 days after deciding that a reasonable basis

27 exists. If a hearing is requested, the Secretary shall make a finding about

28 the complaint not later than 60 days after the date of the hearing. The Sec29 retary may consolidate hearings on similar complaints about the same appli30 cant.

31 (3) If the Secretary finds, after notice and an opportunity for a hearing

32 under paragraph (2) of this subsection, that there has been a failure to

33 meet a condition of subsection (a)(2) of this section, a substantial failure

34 to meet a condition described in subsection (a)(3) or (4) of this section, a

35 willful failure to meet a condition of subsection (a)(1) of this section, or

36 misrepresentation of a material fact in an application—

37 (A) the Secretary shall notify the Attorney General of that finding

38 and may impose administrative remedies the Secretary decides are ap39 propriate, including a civil penalty of not more than $1,000 for each

40 violation; and
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1 (B) the Attorney General may not approve a petition filed by the em2 ployer under any of sections 2313–2319 or 2325 of this title or sub3 chapter I of chapter 43 for at least one year.

4 (4) If the Secretary finds after notice and an opportunity for a hearing

5 under paragraph (2) of this subsection that an employer has not paid wages

6 at the wage level specified under the application and required under sub7 section (a)(1) of this section, the Secretary shall order the employer to pro8 vide back pay required to comply with subsection (a)(1) whether or not a

9 penalty has been imposed under paragraph (3) of this subsection.

10 § 2352. Advisory opinions for aliens with extraordinary abil11 ity or with distinction in the arts, motion pictures,

12 or television

13 (a) GENERAL REQUIREMENTS.—(1) The Attorney General may approve

14 a petition—

15 (A) for an alien described in section 2318(a)(1)(A)(i) or (ii) of this

16 title, only after the petitioner consults with a peer group or other per17 son (including a labor organization) the petitioner chooses with exper18 tise in the specific field involved by submitting with the petition an ad19 visory opinion from that group or person;

20 (B) for an alien described in section 2318(a)(2)(A)–(C)(i) of this

21 title, only after the petitioner consults with a labor organization with

22 expertise in the area of the skills and experience involved by submitting

23 with the petition an advisory opinion from that labor organization; or

24 (C) for an alien described in section 2318(a)(1)(A)(iii) or (2)(C)(ii)

25 of this title, after consulting with the appropriate labor organization

26 representing the alien’s occupational peers and a management organi27 zation in the area of the alien’s ability.

28 (2) An opinion by a labor organization or management organization about

29 an alien referred to in paragraph (1)(C) of this subsection trying to enter

30 the United States for a motion picture or television production is advisory

31 only. An opinion recommending denial of an application for that alien must

32 be in writing. In making a decision on the petition, the Attorney General

33 shall consider the exigencies and scheduling of the production. The Attorney

34 General shall attach any advisory opinion to that decision.

35 (3)(A) If a petitioner does not submit an advisory opinion from an appro36 priate labor organization as required by paragraph (1)(A) or (B) of this

37 subsection, the Attorney General shall forward a copy of the petition and

38 supporting documents to the national office of an appropriate labor organi39 zation not later than 5 days after receiving the petition. If the employer’s

40 employees in the occupational classification for which the alien is being
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1 sought have a collective bargaining representative, that representative is the

2 appropriate labor organization.

3 (B) A person or labor organization receiving a copy of a petition as pro4 vided in subparagraph (A) of this paragraph has not more than 15 days

5 after receiving the petition to submit a written advisory opinion or provide

6 a letter stating that the person or organization has no objection. At the end

7 of the 15-day period, the Attorney General shall give the petitioner an op8 portunity, when appropriate, to provide rebuttal evidence. The Attorney

9 General shall act on the petition not later than 14 days after the end of

10 the 15-day period, or if rebuttal evidence is provided, not later than 14 days

11 after receiving that evidence. The Attorney General may shorten a time pe12 riod under this paragraph for emergency reasons unless the shorter period

13 is an unreasonable burden on a participant in the process.

14 (4) If a petitioner referred to in paragraph (1)(A) or (B) of this sub15 section establishes that an appropriate peer group (including a labor organi16 zation) does not exist, the Attorney General shall act on the petition without

17 requiring an advisory opinion.

18 (5) The Attorney General shall prescribe regulations to establish expe19 dited consultation procedures for nonimmigrant—

20 (A) artists and entertainers described in section 2318 of this title to

21 accommodate the exigencies and scheduling of a given production or

22 event; and

23 (B) athletes described in section 2318(a)(1) of this title in the case

24 of emergency circumstances, including trades during a season.

25 (6) Consultation with a nongovernmental entity does not authorize the

26 Attorney General to delegate authority under this subsection to a non27 governmental entity. The Attorney General shall give advisory opinions

28 under this subsection the weight the Attorney General decides, in the Attor29 ney General’s sole discretion, is appropriate.

30 (b) WAIVERS.—The Attorney General shall prescribe regulations to pro31 vide for the waiver of the consultation requirement under subsection

32 (a)(1)(A) of this section for an alien admitted as a nonimmigrant classified

33 under section 2318(a)(1)(A)(ii) of this title because of distinction in the arts

34 and who is trying to be readmitted to perform similar services within 2

35 years after the date of a consultation under subsection (a)(1)(A) of this sec36 tion. Not later than 5 days after a waiver is provided, the Attorney General

37 shall forward a copy of the petition and supporting documents to the na38 tional office of the appropriate labor organization.

39 § 2353. Advisory opinions for athletes and entertainers

40 (a) GENERAL REQUIREMENTS.—(1) The Attorney General may approve

41 a petition for an alien described in—
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1 (A) section 2319(a)(1) (A), (B), or (D) of this title, only after the

2 petitioner consults with a labor organization with expertise in the spe3 cific field of athletics or entertainment involved by submitting with the

4 petition an advisory opinion from that labor organization; or

5 (B) section 2319(a)(1)(C) of this title, only after consultation with

6 labor organizations representing artists and entertainers in the United

7 States.

8 (2) If a petitioner does not submit an advisory opinion from an appro9 priate labor organization required by paragraph (1)(A) of this subsection,

10 the Attorney General shall forward a copy of the petition and supporting

11 documents to the national office of an appropriate labor organization not

12 later than 5 days after receiving the petition. If the employer’s employees

13 in the occupational classification for which the alien is being sought have

14 a collective bargaining representative, that representative is the appropriate

15 labor organization.

16 (3) A person or labor organization receiving a copy of a petition as pro17 vided in paragraph (2) of this subsection has not more than 15 days after

18 receiving the petition to submit a written advisory opinion or provide a let19 ter stating that the person or organization has no objection. At the end of

20 the 15-day period, the Attorney General shall give the petitioner an oppor21 tunity, when appropriate, to provide rebuttal evidence. The Attorney Gen22 eral shall act on the petition not later than 14 days after the end of the

23 15-day period, or if rebuttal evidence is provided, not later than 14 days

24 after receiving that evidence. The Attorney General may shorten a time pe25 riod under this paragraph for emergency reasons unless the shorter period

26 is an unreasonable burden on a participant in the process.

27 (4) If a petitioner referred to in paragraph (1)(A) of this subsection es28 tablishes that an appropriate peer group (including a labor organization)

29 does not exist, the Attorney General shall act on the petition without requir30 ing an advisory opinion.

31 (5) The Attorney General shall prescribe regulations to establish expe32 dited consultation procedures for nonimmigrant—

33 (A) artists and entertainers under section 2319 of this title to ac34 commodate the exigencies and scheduling of a given production or

35 event; and

36 (B) athletes described in section 2319(a)(1)(A) of this title in the

37 case of emergency circumstances, including trades during a season.

38 (6) Consultation with a nongovernmental entity does not authorize the

39 Attorney General to delegate authority under this subsection to a non40 governmental entity. The Attorney General shall give advisory opinions
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1 under this subsection the weight the Attorney General decides, in the Attor2 ney General’s sole discretion, is appropriate.

3 (b) WAIVERS AND NONAPPLICATION.—(1) The Attorney General may

4 waive—

5 (A) in consideration of special circumstances, the international rec6 ognition requirement of section 2319(a)(1)(B)(i) of this title for an en7 tertainment group that is recognized nationally as being outstanding in

8 its discipline for a sustained and substantial period of time; and

9 (B) the one-year relationship requirement of section

10 2319(a)(1)(B)(ii) of this title for an alien who—

11 (i) replaces an essential member of the group, because of illness

12 or unanticipated or exigent circumstances; or

13 (ii) augments the group by performing a critical role.

14 (2) The one-year relationship requirement of section 2319(a)(1)(B)(ii) of

15 this title does not apply to 25 percent of the performers in a group.

16 (3) The requirements of section 2319(a)(1)(B)(i) and (ii) of this title do

17 not apply to an alien who performs as part of a circus or circus group or

18 who is an integral and essential part of the performance of that circus or

19 group, but only if the alien is coming to the United States to join a circus

20 that has been recognized nationally as outstanding for a sustained and sub21 stantial period of time or as part of such a circus.

22 CHAPTER 25—TEMPORARY AGRICULTURAL WORKERS

Sec.

2501. Definitions.

2502. Certification requirements.

2503. Applications for certification.

2504. Conditions for issuing certifications.

2505. Associations of agricultural producers.

2506. Housing.

2507. Expedited administrative review.

2508. Disqualification of aliens for violating conditions of prior admission.

2509. Enforcement authority of the Secretary of Labor.

2510. Endorsement of entry and exit documentation.

2511. Preemption of State and local law.

2512. Biennial reports.

2513. Approval of regulations.

2514. Authorization of appropriations.

23 § 2501. Definitions

24 In this chapter—

25 (1) ‘‘temporary agricultural worker’’ means a nonimmigrant classi26 fied under section 2314 of this title.

27 (2) ‘‘United States worker’’ means an individual who is not an unau28 thorized alien (as defined in section 11101 of this title) with respect

29 to particular employment.
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1 § 2502. Certification requirements

2 (a) REQUIREMENTS.—Before the Attorney General approves a petition

3 filed under section 2314 of this title by a prospective employer of an alien

4 to be employed as a temporary agricultural worker, the employer must apply

5 to the Secretary of Labor for a certification that—

6 (1) there are not sufficient United States workers who are able, will7 ing, and qualified, and who will be available at the time and place need8 ed, to perform the labor or services described in the petition; and

9 (2) employment of the alien to provide the labor or services will not

10 affect adversely the wages and working conditions of United States

11 workers similarly employed.

12 (b) REGULATIONS.—The Secretary shall maintain regulations based on

13 the findings the Secretary was required to make under section

14 218(c)(3)(B)(iii) of the Immigration and Nationality Act (ch. 477, 66 Stat.

15 163) after considering the findings of the report mandated by section

16 403(a)(4)(D) of the Immigration Reform and Control Act of 1986 (Public

17 Law 99–603, 100 Stat. 3441) as well as other relevant materials, including

18 evidence of benefits to United States workers and costs to employers, ad19 dressing the advisability of continuing a policy which requires an employer,

20 as a condition for certification under this section, to continue to accept

21 qualified, eligible United States workers for employment after the date tem22 porary agricultural workers depart for work with the employer.

23 § 2503. Applications for certification

24 (a) DEADLINE FOR FILING.—The Secretary of Labor may not require

25 that an application for a certification under section 2502 of this title be

26 filed more than 60 days before the first date the employer requires the labor

27 or services of a temporary agricultural worker.

28 (b) NOTICE OF DEFICIENCIES.—If an application does not meet the con29 ditions for issuing a certification (except the conditions specified by section

30 2502(a)(1) of this title), the Secretary shall—

31 (1) notify the employer in writing not later than 7 days after the

32 application is filed, giving the reasons the application does not meet the

33 conditions; and

34 (2) allow the employer to submit promptly an amended application.

35 (c) FEE.—The Secretary may prescribe by regulation a fee to cover the

36 reasonable costs of processing an application for certification.

37 § 2504. Conditions for issuing certifications

38 Not later than 20 days before the labor or services of a temporary agri39 cultural worker are first required, the Secretary of Labor shall issue a cer40 tification under section 2502 of this title if the following conditions are met:

41 (1) The conditions specified by section 2502(a) of this title are met.
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1 (2) The employer has complied with the requirements for certifi2 cation, including requirements the Secretary prescribes for recruiting

3 United States workers.

4 (3) The Secretary concludes that the employer has made positive re5 cruitment efforts within a multi-State region of traditional or expected

6 labor supply in which the Secretary finds there are a significant num7 ber of qualified United States workers who, if recruited, would be will8 ing to work at the time and place needed. Positive recruitment under

9 this paragraph is in addition to, and shall be conducted within the

10 same time period as, the circulation of the employer’s job offer through

11 the interstate employment service system. The requirement to engage

12 in positive recruitment ends on the date the temporary agricultural

13 workers depart for the employer’s place of employment.

14 (4) The employer does not have, or has not been provided with refer15 rals of, qualified United States workers who have indicated their avail16 ability to perform the labor or services on the terms of a job offer

17 meeting the Secretary’s requirements. In considering whether a specific

18 qualification in a job offer is appropriate, the Secretary shall apply the

19 normal and accepted qualifications required by employers not employ20 ing temporary agricultural workers in the same or comparable occupa21 tions and crops.

22 (5) The employer has provided the Secretary with satisfactory assur23 ances that if the employment for which the certification is sought is

24 not covered by a State workers’ compensation law, the employer will

25 provide, at no cost to the worker, insurance covering injury and disease

26 arising out of and during the worker’s employment that will provide

27 benefits at least equal to those provided under the State workers’ com28 pensation law for comparable employment.

29 (6) There is no strike or lockout during a labor dispute that, under

30 regulations prescribed by the Secretary, precludes the certification.

31 (7) The employer employed temporary agricultural workers during

32 the prior 2 years, and the Secretary, after notice and an opportunity

33 for a hearing, has not found that the employer during that period sub34 stantially violated a material condition of the certification related to the

35 employment of nonimmigrant or United States workers. The Secretary

36 may decide not to approve a certification for not more than 3 years

37 for an employer who commits a violation described in this paragraph.

38 § 2505. Associations of agricultural producers

39 (a) PERMITTED FILINGS.—An association of agricultural producers using

40 agricultural services may file—
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1 (1) a petition under section 2314(b) of this title for an alien to be

2 employed as a temporary agricultural worker; and

3 (2) an application for a certification under section 2502 of this title.

4 (b) ASSOCIATIONS ACTING AS EMPLOYERS.—If an association referred to

5 in subsection (a) of this section is the joint or sole employer of a temporary

6 agricultural worker, a certification issued under section 2502 of this title

7 to the association may be used for the certified job opportunities of any of

8 the members of the association. The worker may be transferred among the

9 members to perform agricultural services of a temporary or seasonal nature

10 for which the certification was issued.

11 (c) EFFECT OF VIOLATIONS.—(1) If a member of an association that is

12 a joint employer of a temporary agricultural worker is found to have com13 mitted a violation that results in the Secretary of Labor deciding not to ap14 prove a certification of the member because the condition under section

15 2504(7) of this title has not been met, the decision applies only to that

16 member unless the Secretary decides that the association or another mem17 ber participated in, or knew or had reason to know of, the violation.

18 (2) If an association that is a joint employer is found to have committed

19 a violation that results in the Secretary deciding not to approve a certifi20 cation of the association because the condition under section 2504(7) of this

21 title has not been met, the decision applies only to the association unless

22 the Secretary decides that a member participated in, or knew or had reason

23 to know of, the violation.

24 (3) If an association, certified as the sole employer of a temporary agri25 cultural worker, is found to have committed a violation that results in the

26 Secretary deciding not to approve a certification of the association because

27 the condition under section 2504(7) of this title has not been met, a mem28 ber of the association, during the period the decision is in effect, may not

29 be the beneficiary of the services of temporary agricultural workers in the

30 commodity and occupation in which the worker was employed by the asso31 ciation whose certification was not approved, unless the member employs the

32 workers in the commodity and occupation directly or through an association

33 that is a joint employer of the workers with the member.

34 § 2506. Housing

35 (a) REQUIREMENT.—An employer shall provide housing for temporary

36 agricultural workers as provided by regulations prescribed by the Secretary

37 of Labor.

38 (b) REGULATIONS.—(1) Regulations prescribed under this section shall

39 allow the employer, at the employer’s option, to provide housing meeting ap40 plicable standards of the United States Government for temporary labor

41 camps or to secure housing that meets applicable local standards for rental
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1 or public accommodations or other substantially similar class of habitation.

2 In the absence of applicable local standards, State standards for those ac3 commodations or that class of habitation shall apply. In the absence of ap4 plicable local and State standards, standards of the Government for tem5 porary labor camps shall apply.

6 (2) The regulations shall include specific requirements about housing for

7 employees principally engaged in the range production of livestock.

8 (3) When the prevailing practice in the area and occupation of intended

9 employment is to provide family housing, the employer shall provide family

10 housing to workers with families requesting it.

11 (c) EXCEPTION.—This section does not require an employer to provide

12 housing for workers not entitled to it under the temporary labor certifi13 cation regulations in effect on June 1, 1986.

14 § 2507. Expedited administrative review

15 (a) PROCEDURE FOR EXPEDITED REVIEW.—Regulations prescribed by

16 the Secretary of Labor under this chapter shall provide for an expedited

17 procedure for a review of a decision of the Secretary not to approve or to

18 revoke a certification or, at the applicant’s request, a new hearing on the

19 decision.

20 (b) DECISIONS ON AVAILABILITY OF UNITED STATES WORKERS.—(1)

21 The Secretary shall make a new decision about an application for certifi22 cation under section 2502 of this title expeditiously, but not later than 72

23 hours after the time the new decision is requested, if the certification origi24 nally was not approved in any part because of the availability of able, will25 ing, and qualified United States workers and they are not available at the

26 time the labor or services are needed.

27 (2) An employer asserting that a United States worker referred to the

28 employer is not able, willing, or qualified has the burden of proving that

29 the worker is not able, willing, or qualified because of employment-related

30 reasons.

31 § 2508. Disqualification of aliens for violating conditions of

32 prior admission

33 An alien may not be admitted to the United States as a temporary agri34 cultural worker if, during the prior 5 years, the alien was admitted as a

35 temporary agricultural worker and violated a term of that admission.

36 § 2509. Enforcement authority of the Secretary of Labor

37 The Secretary of Labor may take actions necessary to ensure that em38 ployers comply with the terms of employment under this chapter, includ39 ing—

40 (1) imposing appropriate penalties; and
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1 (2) seeking appropriate equitable relief, including specific perform2 ance of contractual obligations.

3 § 2510. Endorsement of entry and exit documentation

4 The Attorney General shall provide for the endorsement of entry and exit

5 documentation of temporary agricultural workers necessary to carry out this

6 chapter and to provide notice under chapter 111 of this title.

7 § 2511. Preemption of State and local law

8 This chapter and sections 2101 and 2314 of this title preempt State and

9 local law regulating the admissibility of nonimmigrant workers.

10 § 2512. Biennial reports

11 (a) REPORTING REQUIREMENT.—Not later than November 6 of each

12 even-numbered year, the President shall submit a report on the temporary

13 agricultural worker program under this chapter to the Committees on the

14 Judiciary of the Senate and the House of Representatives. The report shall

15 include—

16 (1) the number of temporary agricultural workers permitted to be

17 employed under the program in each year;

18 (2) the compliance of employers and temporary agricultural workers

19 with the terms of the program;

20 (3) the impact of the program on the labor needs of United States

21 agricultural employers and on the wages and working conditions of

22 United States agricultural workers; and

23 (4) recommendations for changing the program, including—

24 (A) improving the timeliness of decisions about the admission

25 of temporary agricultural workers under the program;

26 (B) removing any economic disincentive to hiring United States

27 workers for jobs for which temporary agricultural workers have

28 been requested;

29 (C) improving cooperation among government agencies, employ30 ers, employer associations, workers, unions, and other worker as31 sociations to end the dependence of any industry on a constant

32 supply of temporary agricultural workers; and

33 (D) the relative benefits to United States workers and burdens

34 on employers of the policy of requiring employers, as a condition

35 for certification under the program, to continue to accept qualified

36 United States workers for employment after the date the tem37 porary agricultural workers depart for work with the employer.

38 (b) RECOMMENDATIONS CONSISTENT WITH POLICY.—The recommenda39 tions under subsection (a)(4)(D) of this section shall be made in furtherance

40 of the policy that aliens be admitted as temporary agricultural workers only

41 if the conditions specified by section 2502(a) of this title are satisfied.
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1 § 2513. Approval of regulations

2 In consultation with the Secretaries of Labor and Agriculture, the Attor3 ney General shall approve all regulations prescribed under this chapter and

4 section 2314 of this title.

5 § 2514. Authorization of appropriations

6 (a) GENERAL AUTHORIZATIONS.—Necessary amounts may be appro7 priated each fiscal year to—

8 (1) the Secretary of Labor to make findings and issue certifications

9 under this chapter and section 4104(g)(2) of this title; and

10 (2) the Secretary of Agriculture to carry out the Secretary’s duties

11 and powers under section 2314 of this title related to this chapter.

12 (b) SPECIFIC AUTHORIZATIONS.—Not more than $10,000,000 may be ap13 propriated each fiscal year—

14 (1) to recruit United States workers for temporary labor and services

15 that otherwise might be performed by temporary agricultural workers;

16 and

17 (2) to monitor the terms under which temporary agricultural workers

18 and United States workers employed by the same employer are em19 ployed in the United States.

20 CHAPTER 27—ALIEN CREWMEMBERS

SUBCHAPTER I—GENERAL

Sec.

2701. Providing lists.

2702. Reports on unlawful landings.

2703. Conditional permits to land temporarily.

2704. Control of alien crewmembers.

2705. Alien crewmembers afflicted with certain disabilities and diseases.

2706. Discharging alien crewmembers.

SUBCHAPTER II—LONGSHORE WORK

2721. Definition and application.

2722. General.

2723. Prevailing practice.

2724. Reciprocity.

2725. Longshore work in Alaska.

21 SUBCHAPTER I—GENERAL

22 § 2701. Providing lists

23 (a) ON ARRIVAL.—Except as provided in subsection (c) of this section,

24 when a vessel or aircraft arrives in the United States from a place outside

25 the United States, the owner, agent, master, commanding officer, or con26 signee of the vessel or aircraft shall give an immigration officer at the port

27 of arrival a list containing—

28 (1)(A) the name and position of each alien crewmember on the vessel

29 or aircraft;

30 (B) information on when and where each alien crewmember was

31 shipped or employed; and
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1 (C) the name of each alien crewmember who is to be paid off or dis2 charged in the port of arrival; or

3 (2) information the Attorney General prescribes by regulation.

4 (b) ON DEPARTURE.—Except as provided in subsection (c) of this sec5 tion, before a vessel or aircraft departs from a port in the United States,

6 the owner, agent, master, commanding officer, or consignee of the vessel or

7 aircraft shall give an immigration officer at the port a list containing—

8 (1) the name of each alien crewmember—

9 (A) not employed on the vessel or aircraft when it arrived but

10 who is leaving on the vessel or aircraft;

11 (B) paid off or discharged at the port; or

12 (C) who deserted or landed at the port; or

13 (2) information the Attorney General prescribes by regulation.

14 (c) EXCEPTION.—The Attorney General shall prescribe when a list under

15 this section shall be given for a vessel operating only on the Great Lakes,

16 the Saint Lawrence River, and a connecting waterway.

17 (d) REGULATIONS ON ARRIVAL AND DEPARTURE.—The Attorney General

18 may prescribe by regulation when a vessel or aircraft is deemed under this

19 chapter to be arriving in, or departing from, the United States or a port

20 of the United States.

21 § 2702. Reports on unlawful landings

22 As soon as it is discovered that an alien crewmember has landed unlaw23 fully in the United States from a vessel or aircraft, the owner, agent, mas24 ter, commanding officer, or consignee of the vessel or aircraft shall—

25 (1) report the unlawful landing in writing to an immigration officer;

26 and

27 (2) give the immigration officer a description of the crewmember and

28 information likely to lead to taking the crewmember into custody.

29 § 2703. Conditional permits to land temporarily

30 (a) GENERAL REQUIREMENT.—An alien crewmember may land tempo31 rarily in the United States only as provided under this section or section

32 2705(b), 6122, or 6123 of this title.

33 (b) AUTHORITY TO ISSUE PERMITS.—Under regulations the Attorney

34 General prescribes, an immigration officer may issue an alien crewmember

35 a conditional permit to land temporarily in the United States if the officer

36 finds, after inspection, that the crewmember—

37 (1) is a nonimmigrant classified under section 2305 of this title;

38 (2) otherwise is admissible; and

39 (3) has agreed to accept the permit.

40 (c) PERIOD OF VALIDITY.—A permit issued under subsection (b) of this

41 section is valid for not more than—
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1 (1) the period (but not more than 29 days) that the vessel or aircraft

2 on which the alien crewmember arrived remains in port if the immigra3 tion officer is satisfied the crewmember intends to leave on that vessel

4 or aircraft; or

5 (2) 29 days if the immigration officer is satisfied the crewmember

6 intends to leave on another vessel or aircraft within the period for

7 which the crewmember is allowed to land.

8 (d) REVOCATION.—(1) If an alien is issued a permit for a period under

9 subsection (c)(1) of this section, and an immigration officer then decides the

10 alien is not a crewmember or does not intend to leave on the vessel or air11 craft on which the alien arrived, the immigration officer, under regulations

12 prescribed by the Attorney General, may—

13 (A) revoke the permit;

14 (B) take the alien into custody; and

15 (C) if practicable, require the master or commanding officer of the

16 vessel or aircraft on which the alien arrived to detain the alien on the

17 vessel or aircraft.

18 (2) The owner of the vessel or aircraft on which an alien, detained under

19 paragraph (1)(C) of this subsection, arrived in the United States shall pay

20 the costs of detaining and deporting the alien.

21 (3) An alien detained under paragraph (1)(C) of this subsection is not

22 entitled to a deportation proceeding under section 6532 of this title.

23 § 2704. Control of alien crewmembers

24 (a) DETENTION AND DEPORTATION.—The owner, agent, master, com25 manding officer, charterer, or consignee of a vessel or aircraft arriving in

26 the United States from a place outside the United States shall—

27 (1) detain an alien crewmember on the vessel, or, at the expense of

28 the aircraft owner, detain an alien crewmember of an aircraft at a

29 place an immigration officer designates, until—

30 (A) an immigration officer inspects, and a medical officer exam31 ines, the alien crewmember; and

32 (B) the alien crewmember is—

33 (i) issued a conditional permit to land temporarily under

34 section 2703(b) of this title; or

35 (ii) allowed to land temporarily under section 2705(b) or

36 6123 of this title for medical or hospital treatment; and

37 (2) deport an alien crewmember if required by an immigration offi38 cer, whether before or after the crewmember is allowed to land tempo39 rarily under section 2703(b), 2705(b), or 6123 of this title.

40 (b) PROOF OF FAILURE TO DETAIN OR DEPORT.—Except as the Attor41 ney General prescribes by regulation, proof that the name of an alien crew-
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1 member is not on the outgoing manifest of the vessel or aircraft on which

2 the crewmember arrived in the United States from a place outside the

3 United States, or that the master or commanding officer of the vessel or

4 aircraft reported the crewmember as a deserter, is prima facie evidence of

5 the failure to detain or deport the crewmember.

6 (c) DEPORTATION ON ANOTHER VESSEL OR AIRCRAFT.—(1) If the Attor7 ney General finds that deporting an alien crewmember under this section

8 on the vessel or aircraft on which the crewmember arrived is impracticable

9 or will cause unreasonable hardship to the crewmember, the Attorney Gen10 eral may require the crewmember to be deported from any port on another

11 vessel or aircraft of the same owner unless the Attorney General finds de12 portation on such a vessel or aircraft to be impracticable. The owner of the

13 vessel or aircraft on which the crewmember arrived shall pay the costs of

14 deporting the crewmember as required by this subsection, including the

15 costs of transferring the crewmember within the United States under condi16 tions the Attorney General prescribes. The vessel or aircraft may be cleared

17 only after the costs are paid or the Attorney General is satisfied that pay18 ment is guaranteed.

19 (2) A transfer under this subsection is not a landing under this title.

20 § 2705. Alien crewmembers afflicted with certain disabilities

21 and diseases

22 (a) EMPLOYMENT PROHIBITIONS.—An alien crewmember afflicted with

23 feeble-mindedness, insanity, epilepsy, tuberculosis, leprosy, or a dangerous

24 contagious disease may not be employed on a vessel or aircraft carrying pas25 sengers when the vessel or aircraft arrives in the United States from a place

26 outside the United States.

27 (b) HOSPITALIZATION AND OBSERVATION.—An alien crewmember found

28 on arrival at a port in the United States to be afflicted with feeble-minded29 ness, insanity, epilepsy, tuberculosis, leprosy, or a dangerous contagious dis30 ease shall be treated in a hospital designated by the immigration officer in

31 charge of the port. An alien crewmember suspected of being afflicted may

32 be removed from the vessel or aircraft on which the alien crewmember ar33 rived to an appropriate place for observation to enable an examining medical

34 officer to decide whether the crewmember is afflicted.

35 (c) PAYMENT OF COSTS.—The owner, agent, master, commanding officer,

36 or consignee of the vessel or aircraft on which the alien crewmember arrived

37 shall pay all costs incurred under subsection (b) of this section, including

38 burial if the crewmember dies. The costs may not be deducted from the

39 wages of the crewmember. The vessel or aircraft may be cleared only after

40 the costs are paid or payment is guaranteed and the Secretary of the Treas41 ury is notified by the immigration officer in charge of the port.
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1 (d) RETURNING AN INCURABLE CREWMEMBER.—When the immigration

2 officer in charge of the port is satisfied that a crewmember hospitalized

3 under subsection (b) of this section cannot be cured within a reasonable

4 time, the owner of the vessel or aircraft on which the crewmember arrived

5 shall return the crewmember or pay the costs of returning the crewmember

6 under conditions the Attorney General prescribes to ensure that the crew7 member is cared for properly and the spread of contagious disease is pre8 vented.

9 § 2706. Discharging alien crewmembers

10 A person may pay off or discharge an alien crewmember (except a crew11 member lawfully admitted for permanent residence) employed on a vessel or

12 aircraft arriving in the United States only with the consent of the Attorney

13 General.

14 SUBCHAPTER II—LONGSHORE WORK

15 § 2721. Definition and application

16 (a) DEFINITION.—In this subchapter, ‘‘longshore work’’—

17 (1) means an activity in the United States or the coastal waters of

18 the United States related to—

19 (A) loading or unloading cargo of a vessel, whether or not inte20 gral to the vessel;

21 (B) operating cargo-related equipment; and

22 (C) handling mooring lines on the dock when the vessel is made

23 fast or let go; but

24 (2) does not include loading or unloading cargo for which the Sec25 retary of Transportation has prescribed regulations under section 311

26 of the Federal Water Pollution Control Act (33 U.S.C. 1321), chapter

27 37 of title 46, section 5103(b), 5104, 5106, 5107, or 5110 of title 49,

28 or section 4106 of the Oil Pollution Act of 1990 (Public Law 101–380,

29 104 Stat. 513) on—

30 (A) handling or stowing that cargo;

31 (B) manning, and the duties, qualifications, and training of the

32 officers and crewmembers of, vessels transporting that cargo; and

33 (C) reducing or eliminating discharge during ballasting, tank

34 cleaning, or handling of that cargo.

35 (b) APPLICATION.—This subchapter and section 10118 of this title do not

36 affect—

37 (1) the meaning or scope of longshore work under another provision

38 of law, a collective bargaining agreement, or an international agree39 ment; or

40 (2) the performance of longshore work by nationals of the United

41 States.
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1 § 2722. General

2 An alien crewmember may perform longshore work only as provided in

3 section 2723, 2724, or 2725 of this title.

4 § 2723. Prevailing practice

5 (a) GENERAL.—(1) An alien crewmember performing a particular activity

6 of longshore work in or around a port is serving in a capacity required for

7 normal operation and service on a vessel under section 2305(a) of this title

8 if—

9 (A) each collective bargaining agreement for that port covering at

10 least 30 percent of the employees performing longshore work allows

11 that activity to be performed by alien crewmembers; or

12 (B)(i) there is no collective bargaining agreement for the port cover13 ing at least 30 percent of the employees performing longshore work;

14 and

15 (ii) except as provided in paragraph (2) of this subsection, an em16 ployer of the alien crewmember or the employer’s designated represent17 ative files an attestation described in subsection (b)(1) of this section

18 with the Secretary of Labor at least 14 days before the date the activ19 ity will be performed or, if necessary because of an unanticipated emer20 gency, not later than the date the activity will be performed.

21 (2) An employer must file an attestation under paragraph (1)(B)(ii) of

22 this subsection for a particular activity of longshore work involving the use

23 of an automated self-loading conveyor belt or vacuum-actuated system on

24 a vessel only if the Secretary finds under subsection (f)(2) of this section

25 that the activity is not an activity described in subsection (b)(1)(A) of this

26 section.

27 (b) ATTESTATION REQUIREMENTS.—(1) The attestation filed with the

28 Secretary under subsection (a) of this section shall provide evidence that—

29 (A) the performance of the particular activity of longshore work by

30 an alien crewmember is allowed under the prevailing practice at the

31 port at the time of the filing and that the alien crewmember is not

32 being employed for that activity—

33 (i) during a strike or lockout in a labor dispute; or

34 (ii) to influence an election of a bargaining representative for

35 employees in the port; and

36 (B) the owner, agent, master, commanding officer, or consignee has

37 given notice of the attestation—

38 (i) to the bargaining representative of longshore workers at the

39 port; or

40 (ii) if there is no bargaining representative, to the longshore

41 workers employed at the port.
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1 (2) An attestation—

2 (A) expires at the end of the one-year period beginning on the date

3 it is filed under subsection (a) of this section; and

4 (B) applies to alien crewmembers arriving in the United States dur5 ing that period if the owner, agent, master, commanding officer, or

6 consignee states in each list provided under section 2701 of this title

7 that the employer continues to comply with the conditions in the attes8 tation.

9 (3) An owner, agent, master, commanding officer, or consignee may pro10 vide a single list under section 2701 of this title to meet the requirements

11 of paragraph (2)(B) of this subsection for more than one alien crewmember.

12 (c) PUBLIC INFORMATION.— The Secretary shall compile and make avail13 able for public examination in a timely way in the District of Columbia—

14 (1) information identifying each owner, agent, master, commanding

15 officer, and consignee that has filed a list under section 2701 of this

16 title for an alien crewmember classified as a nonimmigrant under sec17 tion 2305(a) of this title for whom an attestation under subsection (a)

18 of this section or section 2725(b) of this title is filed; and

19 (2) for each employer a copy of—

20 (A) the attestation and accompanying documentation; and

21 (B) each list filed for the employer under section 2701 of this

22 title and described in clause (1) of this subsection.

23 (d) COMPLAINTS.—(1) Any aggrieved person, including a bargaining rep24 resentative, association the Secretary decides is appropriate, or other ag25 grieved person as provided under regulations of the Secretary, may file a

26 complaint—

27 (A) about an employer’s failure to meet conditions stated in an attes28 tation filed under subsection (a) of this section;

29 (B) about an employer’s misrepresentation of a material fact in the

30 attestation; or

31 (C) for longshore work described in subsection (a)(2) of this section,

32 that the particular activity of longshore work is not an activity de33 scribed in subsection (b)(1)(A) of this section.

34 (2) The Secretary shall establish a procedure for receiving, investigating,

35 and disposing of complaints filed under this subsection. The Secretary shall

36 conduct an investigation under this subsection promptly if there is reason37 able cause to believe the allegations of the complaint.

38 (3)(A) If the Secretary decides that reasonable cause exists to conduct

39 an investigation about a complaint filed under paragraph (1)(A) or (B) of

40 this subsection, the person making the complaint may request that the em41 ployer stop, during the hearing procedure under subsection (e) of this sec-
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1 tion, the particular activity of longshore work attested to by the employer.

2 The employer shall be notified of the request and shall respond not later

3 than 14 days after receiving the notice.

4 (B) If the Secretary makes an initial decision that the complaint is sup5 ported by a preponderance of the evidence submitted, the Secretary imme6 diately shall require that the employer stop that activity until after the hear7 ing procedure under subsection (e) of this section.

8 (4)(A) If the Secretary decides that reasonable cause exists to conduct

9 an investigation about a complaint under paragraph (1)(C) of this sub10 section, the person making the complaint may request that the employer

11 stop, during the hearing procedure under subsection (e) of this section, the

12 particular activity of longshore work involved in the complaint unless the

13 employer files an attestation with the Secretary under subsection (a) of this

14 section. The employer shall be notified of the request and shall respond not

15 later than 14 days after receiving the notice.

16 (B) If the Secretary makes an initial decision that the complaint is sup17 ported by a preponderance of the evidence submitted, the Secretary imme18 diately shall require that the employer stop that activity until after the hear19 ing procedure under subsection (e) of this section, unless the employer files

20 an attestation under subsection (a) of this section.

21 (e) PROCEEDINGS.—Not later than 180 days after a complaint is filed

22 under subsection (d) of this section, or later for good cause shown, the Sec23 retary shall decide whether a basis exists to make a finding described in

24 subsection (f) of this section. The Secretary shall give interested persons no25 tice of that decision and an opportunity for a hearing on the complaint not

26 later than 60 days after making the decision.

27 (f) FINDINGS.—(1)(A) If, after notice and an opportunity for a hearing

28 under subsection (e) of this section, the Secretary finds that an employer

29 has failed to meet a condition, or has misrepresented a material fact, in an

30 attestation filed under subsection (a) of this section, the Secretary—

31 (i) shall notify the Attorney General of the finding; and

32 (ii) may impose other administrative remedies, including a civil pen33 alty under section 10118 of this title, the Secretary decides are appro34 priate.

35 (B) When the Attorney General receives notice under this paragraph, the

36 Attorney General shall deny any vessel owned or chartered by the employer

37 entry to a port of the United States for not more than one year.

38 (2) For longshore work described in subsection (a)(2) of this section, if

39 the Secretary finds, after notice and an opportunity for a hearing under

40 subsection (e) of this section and based on a preponderance of the evidence
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1 submitted by any interested person, that the particular activity of longshore

2 work is not an activity described in subsection (b)(1)(A) of this section—

3 (A) the Secretary shall notify the Attorney General of the finding;

4 and

5 (B) the employer shall file an attestation under subsection (a) of this

6 section for that activity.

7 (3) When the Secretary finds that an alien crewmember is not allowed

8 to perform a particular activity of longshore work under the prevailing prac9 tice at a port, another attestation under subsection (a) of this section about

10 that activity in that port may not be filed for one year.

11 (g) LONGSHORE WORK IN ALASKA.—Except as provided in section

12 2725(c) of this title, this section does not apply to longshore work per13 formed in Alaska.

14 § 2724. Reciprocity

15 (a) DEFINITION.—In this section, ‘‘practice’’ means an activity normally

16 performed in a foreign country during the one-year period before a vessel

17 arrives in the United States or the coastal waters of the United States.

18 (b) GENERAL.—(1) An alien crewmember performing a particular activity

19 of longshore work in or about a port is serving in a capacity required for

20 normal operation and service on a vessel under section 2305(a) of this title,

21 and the Attorney General shall allow an alien crewmember on a vessel to per22 form a particular activity of longshore work, if—

23 (A) that vessel is registered in a foreign country that by law, regula24 tion, or practice does not prohibit that activity by crewmembers on

25 United States vessels; and

26 (B) nationals of a foreign country that, by law, regulation, or prac27 tice does not prohibit that activity by crewmembers on United States

28 vessels, hold a majority ownership interest in that vessel.

29 (2) The Secretary of State shall compile and annually maintain, under

30 section 553 of title 5, a list, by particular activity of longshore work, of for31 eign countries in which crewmembers on United States vessels are prohib32 ited by law, regulation, or practice from performing a particular activity of

33 longshore work.

34 § 2725. Longshore work in Alaska

35 (a) DEFINITIONS.—In this section—

36 (1) ‘‘contract stevedoring companies’’ means those stevedoring com37 panies licensed to do business in Alaska that meet the requirements of

38 section 32 of the Longshore and Harbor Workers’ Compensation Act

39 (33 U.S.C. 932).

40 (2) ‘‘employer’’ includes any agent or representative designated by

41 the employer.
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1 (b) GENERAL.—(1) An alien crewmember performing a particular activity

2 of longshore work at a particular location in Alaska is serving in a capacity

3 required for normal operation and service on a vessel under section 2305(a)

4 of this title if an employer of the alien crewmember files an attestation with

5 the Secretary of Labor at least 30 days before the date the activity will be

6 performed or at least 24 hours before the activity will be performed if the

7 employer shows that the employer reasonably could not have anticipated the

8 need to file an attestation for that location at that time.

9 (2) The attestation filed under paragraph (1) of this subsection shall pro10 vide evidence that—

11 (A) the employer will request from the parties to whom notice has

12 been given under clause (D)(ii) and (iii) of this paragraph United

13 States longshore workers who, under industry standards in Alaska, in14 cluding safety considerations, are qualified and available in sufficient

15 numbers to perform the activity at the particular time and location, ex16 cept that—

17 (i) when 2 or more contract stevedoring companies have signed

18 a joint collective bargaining agreement with a single labor organi19 zation described in clause (D)(i) of this paragraph, the employer

20 may request longshore workers from only one of those companies;

21 and

22 (ii) a request to a private dock operator for longshore workers

23 may be made only for longshore work to be performed at that dock

24 and only if the operator meets the requirements of section 32 of

25 the Longshore and Harbor Workers’ Compensation Act (33 U.S.C.

26 932);

27 (B) the employer will employ all those United States longshore work28 ers made available under clause (A) of this paragraph who, under in29 dustry standards in Alaska, including safety considerations, are quali30 fied and available in sufficient numbers and who are needed to perform

31 the longshore activity at the particular time and location;

32 (C) using alien crewmembers for that activity is not intended or de33 signed to influence an election of a bargaining representative for work34 ers in Alaska; and

35 (D) the employer has given notice of the attestation—

36 (i) to labor organizations recognized as exclusive bargaining rep37 resentatives of United States longshore workers within the mean38 ing of the National Labor Relations Act (29 U.S.C. 151 et seq.)

39 and that make, or intend to make, workers available at the par40 ticular location where the longshore work is to be performed;
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1 (ii) to contract stevedoring companies that employ or intend to

2 employ United States longshore workers at the location; and

3 (iii) to operators of private docks at which the employer will use

4 longshore workers.

5 (3)(A) During the period that an attestation an employer files under

6 paragraph (1) of this subsection is valid, the employer must request and

7 employ United States longshore workers as provided under paragraph (2)

8 before using alien crewmembers to perform the activity specified in the at9 testation. However, an employer is not required to request United States

10 longshore workers from a person who has given the employer written notice

11 that the person does not intend to make United States longshore workers

12 available at the particular location where the longshore work is to be per13 formed.

14 (B) If a person that provided notice under subparagraph (A) of this para15 graph later gives the employer written notice that the person is prepared

16 to make available United States longshore workers who, under industry

17 standards in Alaska, including safety considerations, are qualified and avail18 able in sufficient numbers to perform the longshore activity at the particular

19 location where the longshore work is to be performed, the obligation of the

20 employer to that person under paragraph (2)(A) and (B) of this subsection

21 begins 60 days after the date the notice was given under this clause.

22 (4)(A) An employer filing an attestation under paragraph (1) of this sub23 section is not required—

24 (i) to hire less than a full work unit of United States longshore

25 workers needed to perform the longshore activity;

26 (ii) to provide overnight accommodations for the longshore workers

27 while employed; or

28 (iii) to provide transportation to the particular location where the

29 longshore activity will be performed, except where—

30 (I) surface transportation is available;

31 (II) that transportation may be accomplished safely;

32 (III) travel time to the vessel is not more than one-half hour

33 each way; and

34 (IV) travel distance to the vessel from the point of embarkation

35 is not more than 5 miles.

36 (B) In the case of Wide Bay, Alaska, and Klawock/Craig, Alaska, the

37 travel time and distance described in clause (A)(iii) of this paragraph are

38 extended to 45 minutes and 7.5 miles, respectively, unless the person re39 sponding to the request for longshore workers agrees to the lesser time and

40 distance limitations described in clause (A)(iii).
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1 (5) Except as provided in section 2723(c)–(e) of this title, an attestation

2 filed under paragraph (1) of this subsection—

3 (A) expires at the end of the one-year period beginning on the date

4 specified in the attestation that the employer anticipates the longshore

5 work will begin; and

6 (B) applies to alien crewmembers arriving in the United States dur7 ing that period if the owner, agent, master, commanding officer, or

8 consignee states in each list provided under section 2701 of this title

9 that the employer continues to comply with the conditions in the attes10 tation.

11 (c) APPLICATION OF SECTION 2723.—(1) Except as provided in para12 graph (2) of this subsection, section 2723(b)(3)–(f)(2) of this title applies

13 to an attestation filed under subsection (b)(1) of this section.

14 (2) Section 2723 of this title applies to the use of alien crewmembers to

15 perform longshore work in Alaska involving the use of an automated self16 loading conveyor belt or vacuum-actuated system on a vessel.

17 (d) REGULATIONS.—The Secretary shall prescribe regulations necessary

18 to carry out this section.

19 CHAPTER 29—FACILITIES EMPLOYING REGISTERED

20 NURSES

2901. Definition.

2902. Attestation requirements.

2903. State plans.

2904. Public availability of information.

2905. Complaints, investigations, and penalties.

21 § 2901. Definition

22 In this chapter, ‘‘facility’’ includes an employer that employs registered

23 nurses in a home setting.

24 § 2902. Attestation requirements

25 (a) GENERAL.—Except as provided in subsection (b) of this section, a fa26 cility seeking to employ a nonimmigrant registered nurse under section

27 2325 of this title must file with the Secretary of Labor an attestation stat28 ing the following:

29 (1) A substantial disruption in the delivery of health care services

30 of the facility would occur through no fault of the facility without the

31 services of a nonimmigrant registered nurse.

32 (2) Employment of a nonimmigrant registered nurse will not ad33 versely affect the wages and working conditions of other registered

34 nurses similarly employed.

35 (3) A nonimmigrant registered nurse employed by the facility will be

36 paid at the wage rate paid for other registered nurses similarly em37 ployed by the facility.
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1 (4) The facility—

2 (A) has taken and is taking timely and significant steps to re3 cruit and retain sufficient registered nurses who are citizens of the

4 United States or immigrants authorized to perform nursing serv5 ices, to remove as quickly as reasonably possible the dependence

6 of the facility on nonimmigrant registered nurses; or

7 (B) is subject to a State plan for the recruitment and retention

8 of nurses approved under section 2903 of this title.

9 (5) There is no strike or lockout in the course of a labor dispute,

10 and the employment of nonimmigrant registered nurses is not intended

11 or designed to influence an election for a bargaining representative for

12 registered nurses of the facility.

13 (6) At the time of filing the petition under section 2325(c) of this

14 title, the facility has given notice of the filing to the bargaining rep15 resentative of the registered nurses employed by the facility or, if there

16 is no bargaining representative, to the registered nurses employed by

17 the facility by posting the notice in conspicuous locations.

18 (b) WAIVERS.—For a nonimmigrant registered nurse performing services

19 at a worksite (except at the employer’s worksite or at a worksite controlled

20 by the employer) and for whom the employer has filed an attestation under

21 subsection (a) of this section, the Secretary may waive the requirement to

22 file an attestation for the worksite as may be appropriate—

23 (1) to avoid duplicative attestations;

24 (2) in temporary, emergency situations;

25 (3) for information the attestor does not know; or

26 (4) for other good cause.

27 (c) FAULT IF FACILITY HAS LAID OFF NURSES.—A facility does not

28 meet subsection (a)(1) of this section if the facility has laid off registered

29 nurses within the prior year. However, a facility that lays off a registered

30 nurse (except a staff nurse) meets subsection (a)(1) if the facility has at31 tested that it will not replace the nurse with a nonimmigrant registered

32 nurse described in section 2325(b) of this section (either through promotion

33 or otherwise) for one year after the date of the layoff.

34 (d) SIGNIFICANT STEPS TO RECRUIT AND RETAIN NURSES.—(1) Each

35 of the following is a significant step reasonably designed to recruit and re36 tain registered nurses meeting the requirement of subsection (a)(4)(A) of

37 this section:

38 (A) operating a training program for registered nurses at the facility

39 or financing (or providing participation in) a training program for reg40 istered nurses elsewhere.
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1 (B) providing career development programs and other methods of fa2 cilitating health care workers to become registered nurses.

3 (C) paying registered nurses at a rate higher than that currently

4 being paid to registered nurses similarly employed in the geographic

5 area.

6 (D) providing adequate support services to free registered nurses

7 from administrative and other non-nursing duties.

8 (E) providing reasonable opportunities for meaningful salary ad9 vancement by registered nurses.

10 (2) Paragraph (1) of this subsection is not an exclusive list of the steps

11 that may be taken to meet the requirement of subsection (a)(4)(A) of this

12 section. A facility is not required to take more than one step if the facility

13 can demonstrate that taking an additional step is not reasonable.

14 (e) EFFECTIVENESS OF ATTESTATION.—(1) Subject to section 2905 of

15 this title, an attestation under subsection (a) of this section—

16 (A) expires at the end of the one-year period beginning on the date

17 the attestation is filed with the Secretary; and

18 (B) applies to petitions filed during that one-year period if the facil19 ity states in each petition filed under section 2325(c) of this title that

20 it continues to comply with the conditions in the attestation.

21 (2) A facility may file a single petition to meet the requirements of this

22 section for more than one registered nurse.

23 § 2903. State plans

24 The Secretary of Labor shall provide for a procedure under which a State

25 may submit to the Secretary of Labor a plan for the recruitment and reten26 tion of citizens of the United States and immigrants authorized to perform

27 nursing services as registered nurses in facilities in the State. A plan may

28 include counseling and educating health workers and other individuals about

29 employment opportunities available to registered nurses. Annually in con30 sultation with the Secretary of Health and Human Services, the Secretary

31 of Labor shall provide for approving or disapproving the State plan as pro32 vided in section 2902(a)(4)(B) of this title. A plan may be approved in re33 gard to a facility only if the plan provides for taking significant steps de34 scribed in section 2902(a)(4)(A) of this title to recruit and retain registered

35 nurses at that facility.

36 § 2904. Public availability of information

37 The Secretary of Labor shall compile and make available for public exam38 ination in a timely manner in the District of Columbia—

39 (1) a list of facilities that have filed petitions to employ non40 immigrant registered nurses described in section 2325 of this title; and
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1 (2) for each facility, a copy of the petitions, attestations, and accom2 panying documentation filed by each facility.

3 § 2905. Complaints, investigations, and penalties

4 (a) COMPLAINTS AND INVESTIGATIONS.—(1) The Secretary of Labor

5 shall establish a procedure for receiving, investigating, and disposing of

6 complaints filed about a facility’s failure to satisfy a condition attested to,

7 or a facility’s misrepresentation of a material fact, in an attestation.

8 (2) Any person aggrieved by a facility’s failure to satisfy a condition at9 tested to, or a facility’s misrepresentation of a material fact, in an attesta10 tion under section 2902(a) of this title, including a bargaining representa11 tive, association the Secretary decides is appropriate, or other person the

12 Secretary decides by regulation is aggrieved, may file a complaint with the

13 Secretary. The Secretary shall conduct an investigation if there is reason14 able cause to believe that the facility does not meet a condition attested to.

15 (3) Not later than 180 days after a complaint is filed, the Secretary shall

16 decide whether a basis exists to make a finding described in subsection (b)

17 of this section. If the Secretary decides that a basis exists, the Secretary

18 shall give notice of that decision to the interested parties and an opportunity

19 for a hearing on the complaint not later than 60 days after making the deci20 sion.

21 (b) FINDINGS AND PENALTIES.—(1) If the Secretary finds, after notice

22 and an opportunity for a hearing, that a facility has failed to satisfy a con23 dition attested to or has misrepresented a material fact in an attestation,

24 the Secretary—

25 (A) shall notify the Attorney General of the finding;

26 (B) may impose other administrative remedies, including a civil pen27 alty of not more than $1,000 for each violation; and

28 (C) if the facility has not paid the prevailing wage as attested to

29 under section 2902(a)(3) of this title, shall order the facility to pay an

30 amount of back pay necessary to comply with section 2902(a)(3).

31 (2) For at least one year after receiving notice under paragraph (1)(A)

32 of this subsection, the Attorney General may not approve a petition filed

33 under subsection 2325(c) of this title by that facility for the employment

34 of a nonimmigrant registered nurse.

35 PART B—IMMIGRANTS

36 CHAPTER 41—NUMERICAL LIMITATIONS

Sec.

4101. General requirements.

4102. Annual worldwide numerical limitations.

4103. Visa allocation for family-sponsored immigrants.

4104. Visa allocation for employment-based immigrants.

4105. Visa allocation for diversity immigrants.

4106. Availability of visas for special immigrants having honorable military service.
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4107. Status of spouses and children.

4108. Estimating number of visas to be issued.

4109. Pilot program.

4110. Numerical limitations on individual foreign countries.

4111. Charging immigrants to foreign countries.

4112. Burden of proof.

1 § 4101. General requirements

2 Except for aliens described in section 4102(d) of this title, an alien may

3 be issued an immigrant visa or otherwise become an alien lawfully admitted

4 for permanent residence only if—

5 (1)(A) the alien is a family-sponsored immigrant described in section

6 4103(b)–(e) of this title or admitted under section 4311(a)(1) of this

7 title because a visa previously was issued to the accompanying parent

8 under section 4103(b)–(e); and

9 (B) the numerical limitations of section 4102(a)(1) of this title are

10 not exceeded;

11 (2)(A) the alien is an employment-based immigrant described in sec12 tion 4104(b)–(f) of this title or admitted under section 4311(a)(1) of

13 this title because a visa previously was issued to the accompanying par14 ent under section 4104(b)–(f); and

15 (B) the numerical limitations of section 4102(b)(1) of this title are

16 not exceeded; or

17 (3)(A) the alien is a diversity immigrant described in section 4105(c)

18 and (h) of this title or admitted under section 4311(a)(1) of this title

19 because a visa previously was issued to the accompanying parent under

20 section 4105(c) and (h); and

21 (B) the numerical limitations of section 4102(c)(1) of this title are

22 not exceeded.

23 § 4102. Annual worldwide numerical limitations

24 (a) FAMILY-SPONSORED IMMIGRANTS.—(1) The worldwide numerical lim25 itation for family-sponsored immigrants for a fiscal year is the greater of—

26 (A)(i) 480,000; minus

27 (ii) the number of aliens described in subsection (d)(6)–(8) of this

28 section issued immigrant visas or who otherwise became aliens lawfully

29 admitted for permanent residence in the prior fiscal year; plus

30 (iii) any difference between the maximum number of employment31 based immigrant visas that could have been issued and the number

32 that were issued during the prior fiscal year; or

33 (B) 226,000.

34 (2) In each of the first 3 quarters of a fiscal year, the number of aliens

35 issued visas and otherwise becoming aliens lawfully admitted for permanent

36 residence as family-sponsored immigrants may not be more than 27 percent
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1 of the numerical limitation computed under paragraph (1) of this subsection

2 for that fiscal year.

3 (b) EMPLOYMENT-BASED IMMIGRANTS.—(1) The worldwide numerical

4 limitation for employment-based immigrants for a fiscal year is—

5 (A) not more than 140,000; plus

6 (B) any difference between the maximum number of family-spon7 sored immigrant visas that could have been issued and the number that

8 were issued during the prior fiscal year.

9 (2) In each of the first 3 quarters of a fiscal year, the number of aliens

10 issued visas and otherwise becoming aliens lawfully admitted for permanent

11 residence as employment-based immigrants may not be more than 27 per12 cent of the numerical limitation computed under paragraph (1) of this sub13 section for that fiscal year.

14 (c) DIVERSITY IMMIGRANTS.—(1) The worldwide numerical limitation for

15 diversity immigrants for a fiscal year is 55,000.

16 (2) In each of the first 3 quarters of a fiscal year, the number of aliens

17 issued visas and otherwise becoming aliens lawfully admitted for permanent

18 residence as diversity immigrants may not be more than 27 percent of the

19 numerical limitation computed under paragraph (1) of this subsection for

20 that fiscal year.

21 (d) NONAPPLICATION.—The numerical limitations of this section do not

22 apply to—

23 (1) a special immigrant as defined in section 134(a)(1) or (2) of this

24 title;

25 (2) an alien admitted under section 5105 of this title or whose status

26 is adjusted under section 5107 of this title;

27 (3) an alien who becomes lawfully admitted for permanent residence

28 under chapter 93 of this title or section 210 or 210A of the Immigra29 tion and Nationality Act (ch. 477, 66 Stat. 163);

30 (4) an alien whose deportation is suspended under section 6539(a)

31 of this title;

32 (5) an alien whose status is adjusted to that of an alien lawfully ad33 mitted for permanent residence under section 9105(a) of this title;

34 (6) an immediate relative;

35 (7) an alien admitted under section 4311(a)(1) of this title because

36 the accompanying parent is an immediate relative previously issued a

37 visa; and

38 (8) an alien born to an alien lawfully admitted for permanent resi39 dence during a temporary visit outside the United States.
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1 § 4103. Visa allocation for family-sponsored immigrants

2 (a) GENERAL.—Aliens subject to the worldwide numerical limitation of

3 section 4102(a)(1) of this title for qualified family-sponsored immigrants

4 shall be allocated visas each fiscal year as provided in this section.

5 (b) UNMARRIED SONS AND DAUGHTERS OF CITIZENS.—Not more than

6 23,400 visas, plus visas not required under subsection (e) of this section,

7 shall be made available to unmarried sons and unmarried daughters of citi8 zens of the United States.

9 (c) FAMILIES OF ALIENS LAWFULLY ADMITTED.—(1) Not more than

10 114,200 visas, plus the number by which the worldwide numerical limitation

11 is more than 226,000, plus visas not required under subsection (b) of this

12 section, shall be made available to—

13 (A) spouses and children of aliens lawfully admitted for permanent

14 residence; and

15 (B) unmarried sons and unmarried daughters (who are no longer

16 children) of aliens lawfully admitted for permanent residence.

17 (2) At least 77 percent of visas made available under this subsection shall

18 be made available to those spouses and children.

19 (d) MARRIED SONS AND DAUGHTERS OF CITIZENS.—Not more than

20 23,400 visas, plus visas not required under subsections (b) and (c) of this

21 section, shall be made available to married sons and married daughters of

22 citizens of the United States.

23 (e) BROTHERS AND SISTERS OF CITIZENS.—Not more than 65,000 visas,

24 plus visas not required under subsections (b)–(d) of this section, shall be

25 made available to brothers and sisters of citizens of the United States if

26 the citizens are at least 21 years of age.

27 § 4104. Visa allocation for employment-based immigrants

28 (a) GENERAL.—Aliens subject to the worldwide numerical limitation of

29 section 4102(b)(1) of this title for qualified employment-based immigrants

30 shall be allocated visas each fiscal year as provided in this section.

31 (b) PRIORITY WORKERS.—(1) A number of visas equal to not more than

32 28.6 percent of the worldwide numerical limitation of section 4102(b)(1) of

33 this title, plus visas not required under subsections (e) and (f) of this sec34 tion, shall be made available to the following aliens:

35 (A) a qualified immigrant—

36 (i) having extraordinary ability in the sciences, arts, education,

37 business, or athletics that has been demonstrated by sustained na38 tional or international acclaim;

39 (ii) whose achievements have been recognized in the field

40 through extensive documentation;
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1 (iii) who is seeking to enter the United States to continue work

2 in the area of extraordinary ability; and

3 (iv) whose entry will benefit the United States substantially in

4 the future.

5 (B) a qualified immigrant—

6 (i) recognized internationally as outstanding in a specific aca7 demic area;

8 (ii) with at least 3 years of teaching or research experience in

9 the academic area; and

10 (iii) who is seeking to enter the United States for a tenured (or

11 tenure-track) position in a university or institution of higher edu12 cation to teach in the academic area, for a comparable position

13 with a university or institute of higher education to conduct re14 search in the area, or for a comparable position to conduct re15 search in the area with a department, division, or institute of a

16 private employer that employs at least 3 individuals full-time in

17 research activities and has achieved documented accomplishments

18 in an academic field.

19 (C) a qualified immigrant—

20 (i) who, in the 3 years prior to the application for classification

21 and admission to the United States under this paragraph, has

22 been employed for at least one year by a firm, corporation, or

23 other legal entity or an affiliate or subsidiary of the firm, corpora24 tion, or entity; and

25 (ii) who is seeking to enter the United States to continue to pro26 vide services to the same employer, or an affiliate or subsidiary of

27 the employer, in a managerial or executive capacity.

28 (2) In applying paragraph (1)(C) of this subsection, a partnership or

29 similar organization organized outside the United States to provide account30 ing services is deemed to be an affiliate of a partnership organized in the

31 United States to provide accounting services if—

32 (A) the partnership or similar organization organized outside the

33 United States markets its accounting services under an internationally

34 recognized name under an agreement with a worldwide coordinating or35 ganization owned and controlled by the member accounting firms of

36 which the United States partnership is also a member; and

37 (B) the United States partnership markets its accounting services

38 under the same internationally recognized name under an agreement

39 with the worldwide coordinating organization.

40 (c) MEMBERS OF THE PROFESSIONS HOLDING ADVANCED DEGREES OR

41 ALIENS OF EXCEPTIONAL ABILITY.—(1) A number of visas equal to not
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1 more than 28.6 percent of the worldwide numerical limitation of section

2 4102(b)(1) of this title, plus visas not required under subsection (b) of this

3 section, shall be made available to qualified immigrants—

4 (A) who are members of the professions holding advanced degrees or

5 their equivalent or who because of their exceptional ability in the

6 sciences, arts, or business will benefit substantially the economy, cul7 tural or educational interests, or welfare of the United States in the

8 future; and

9 (B) whose services in the sciences, arts, professions, or business are

10 sought by an employer in the United States.

11 (2) When the Attorney General considers it to be in the interest of the

12 United States, the Attorney General may waive the requirement of para13 graph (1) of this subsection that an alien’s services in the sciences, arts,

14 professions, or business be sought by an employer in the United States.

15 (3) Possession of a degree, diploma, certificate, or similar award from an

16 institution of learning, a license to practice, or certification for a profession

17 or occupation is not sufficient evidence by itself under paragraph (1) of this

18 subsection that an immigrant has exceptional ability.

19 (d) SKILLED WORKERS, PROFESSIONALS, AND OTHER WORKERS.—(1)

20 Except as provided in paragraph (2) of this subsection, a number of visas

21 equal to not more than 28.6 percent of the worldwide numerical limitation

22 of section 4102(b)(1) of this title, plus visas not required under subsections

23 (b) and (c) of this section, shall be made available to the following aliens

24 not described in subsection (c)(1) of this section:

25 (A) a qualified immigrant who is capable, at the time a petition is

26 filed for classification under this subsection, of performing skilled labor

27 requiring at least 2 years training or experience, that is not temporary

28 or seasonal, and for which qualified workers are not available in the

29 United States.

30 (B) a qualified immigrant who holds a baccalaureate degree and is

31 a member of a profession.

32 (C) a qualified immigrant capable, when petitioning for classification

33 under this subsection, of performing unskilled labor that is not tem34 porary or seasonal and for which qualified workers are not available in

35 the United States.

36 (2) Not more than 10,000 of the visas made available under this sub37 section in a fiscal year are available for immigrants described in paragraph

38 (1)(C) of this subsection.

39 (3) An alien may be issued an immigrant visa under this subsection only

40 if the consular officer has received the decision and certification of the Sec41 retary of Labor under subsection (g)(2) of this section.
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1 (e) CERTAIN SPECIAL IMMIGRANTS.—A number of visas equal to not

2 more than 7.1 percent of the worldwide numerical limitation of section

3 4102(b)(1) of this title shall be made available to qualified special immi4 grants as defined in section 134(a)(3)–(13) of this title, except that not

5 more than 5,000 of those visas may be allocated in a fiscal year to special

6 immigrants as defined in section 134(a)(3)(A)(ii)(II) and (III) of this title.

7 (f) EMPLOYMENT CREATION.—(1) In this subsection—

8 (A) ‘‘targeted employment area’’ means, at the time of investment,

9 a rural area or an area that has experienced unemployment that is at

10 least 150 percent of the national average.

11 (B) ‘‘rural area’’ means an area not in a metropolitan statistical

12 area or not in the outer boundary of a city or town having a popu13 lation, based on the latest United States decennial census, of at least

14 20,000.

15 (2) A number of visas equal to not more than 7.1 percent of the world16 wide numerical limitation of section 4102(b)(1) of this title shall be made

17 available to qualified immigrants seeking to enter the United States to en18 gage in a new commercial enterprise—

19 (A) that the alien has established;

20 (B) in which the alien has invested after November 29, 1990, or is

21 actively in the process of investing, at least $1,000,000; and

22 (C) that will benefit the United States economy and create full-time

23 employment for at least 10 United States citizens, aliens lawfully ad24 mitted for permanent residence, or other immigrants lawfully author25 ized to be employed in the United States, except the qualified immi26 grant and the qualified immigrant’s spouse, sons, and daughters.

27 (3) At least 3,000 of the visas allocated under paragraph (2) of this sub28 section in each fiscal year shall be reserved for qualified immigrants who

29 establish a new commercial enterprise described in paragraph (2) that will

30 create employment in a targeted employment area.

31 (4)(A) In consultation with the Secretaries of Labor and State, the Attor32 ney General may prescribe regulations increasing the amount specified by

33 paragraph (2)(B) of this subsection.

34 (B) For an investment made in a targeted employment area, the Attorney

35 General may specify that the amount of capital required under paragraph

36 (2)(B) of this subsection be less than, but at least 50 percent of, the

37 amount specified by paragraph (2)(B).

38 (C) For an investment made in a metropolitan statistical area that at the

39 time of investment is not a targeted employment area and has an unemploy40 ment rate significantly below the national average, the Attorney General

41 may specify that the amount of capital required under paragraph (2)(B) of
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1 this subsection be more than, but not more than 3 times, the amount speci2 fied in paragraph (2)(B).

3 (g) ADDITIONAL REQUIREMENTS FOR EMPLOYMENT-BASED IMMI4 GRANTS.—(1) An alien applying for a visa under subsection (c) or (d) of

5 this section who is a graduate of a medical school not accredited by an en6 tity approved by the Secretary of Education and who is coming to the Unit7 ed States principally to perform services as a member of the medical profes8 sion may be issued the visa only if the alien—

9 (A) has passed parts I and II of the National Board of Medical Ex10 aminers Examination or an examination the Secretary of Health and

11 Human Services decides is equivalent, or on January 9, 1978, was fully

12 and permanently licensed to practice medicine in a State and was prac13 ticing medicine in a State on that date; and

14 (B) is competent in oral and written English.

15 (2) An alien applying for a visa under subsection (c) or (d) of this section

16 to perform skilled or unskilled labor may be issued the visa only if the Sec17 retary of Labor decides and certifies to the Secretary of State and the At18 torney General that—

19 (A) there are not enough workers who are able, willing, qualified (or

20 equally qualified if the alien is a member of the teaching profession or

21 has exceptional ability in the sciences or arts), and available when the

22 alien applies for the visa and admission and at the place where the

23 alien is to perform that labor; and

24 (B) employment of the alien will not affect adversely the wages and

25 working conditions of similarly employed workers in the United States.

26 (3) Before making a decision and certification under paragraph (2) of

27 this subsection, the Secretary of Labor shall provide that—

28 (A) a certification may be made only if the employer, when filing the

29 application, has provided notice of the filing to the bargaining rep30 resentative of the employer’s employees in the occupational classifica31 tion and area for which aliens are sought or, if there is no bargaining

32 representative, to employees employed at the facility through posting at

33 conspicuous locations; and

34 (B) any person may submit documentary evidence related to the ap35 plication, including information on available workers, wages and work36 ing conditions, and the employer’s failure to meet conditions of employ37 ing alien workers and co-workers.

38 § 4105. Visa allocation for diversity immigrants

39 (a) DEFINITIONS.—In this section—
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1 (1) ‘‘high-admission foreign country’’ means a foreign country for

2 which the number determined under subsection (c) of this section is

3 more than 50,000.

4 (2) ‘‘high-admission region’’ means a region for which the total of

5 the numbers determined under subsection (c) of this section for foreign

6 countries in the region is more than one-sixth of the total of the num7 bers for all foreign countries.

8 (3) ‘‘low-admission foreign country’’ means a foreign country that is

9 not a high-admission foreign country.

10 (4) ‘‘low-admission region’’ means a region that is not a high-admis11 sion region.

12 (5) Northern Ireland is deemed to be a separate foreign country.

13 (6) an overseas dependent area of a foreign country is deemed to be

14 part of the foreign country.

15 (7) the area in each of the following is a separate region:

16 (A) Africa.

17 (B) Asia.

18 (C) Europe.

19 (D) North America, except Mexico.

20 (E) Oceania.

21 (F) South America, Mexico, Central America, and the Carib22 bean.

23 (b) GENERAL.—Aliens subject to the worldwide numerical limitations of

24 section 4102(c)(1) of this title for qualified diversity immigrants shall be al25 located visas for each fiscal year as provided in this section.

26 (c) DETERMINATION OF NUMBERS OF CERTAIN ALIENS.—For the most

27 recent prior 5-year period for which information is available, the Attorney

28 General shall determine the total number of aliens who are natives of each

29 foreign country and who—

30 (1) were admitted or otherwise acquired the status of an alien law31 fully admitted for permanent residence (except under this section); and

32 (2) were subject to the numerical limitations for family-sponsored

33 and employment-based immigrants under sections 4103 and 4104 of

34 this title or were admitted or otherwise acquired the status of an alien

35 lawfully admitted for permanent residence as an alien described in sec36 tion 4102(d)(6)–(8) of this title.

37 (d) IDENTIFICATION.—The Attorney General shall identify each high-ad38 mission foreign country and region and each low-admission foreign country

39 and region.

40 (e) PERCENTAGE AND RATIO DETERMINATIONS.—The Attorney General

41 shall determine—
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1 (1) the percentage of the total of the number determined under sub2 section (c) of this section that applies to foreign countries in high-ad3 mission regions;

4 (2) based on available estimates for each region, the total population

5 of each region, excluding the population of any high-admission foreign

6 country;

7 (3) for each low-admission region, the ratio of the population of the

8 region determined under clause (2) of this subsection to the total popu9 lation determined under clause (2) for all low-admission regions; and

10 (4) for each high-admission region, the ratio of the population of the

11 region determined under clause (2) of this subsection to the total popu12 lation determined under clause (2) for all high-admission regions.

13 (f) AVAILABILITY OF VISAS.—(1) The percentage of visas made available

14 under this section to natives of a high-admission foreign country is 0.

15 (2) Except as provided in subsection (g) of this section, the percentage

16 of visas made available under this section to natives (except natives of a

17 high-admission foreign country) in a low-admission region is the product

18 of—

19 (A) the percentage determined under subsection (e)(1) of this sec20 tion; multiplied by

21 (B) the population ratio for the region determined under subsection

22 (e)(3) of this section.

23 (3) Except as provided in subsection (g) of this section, the percentage

24 of visas made available under this section to natives (except natives of a

25 high-admission foreign country) in a high-admission region is the product

26 of—

27 (A) 100 percent minus the percentage determined under subsection

28 (e)(1) of this section; multiplied by

29 (B) the population ratio for the region determined under subsection

30 (e)(4) of this section.

31 (g) REDISTRIBUTION OF VISAS AND LIMITATION.—(1) Except as pro32 vided in paragraph (2) of this subsection, if the Secretary of State estimates

33 that the number of immigrant visas to be issued for a fiscal year to natives

34 in a region under this section will be less than the number of immigrant

35 visas made available for the fiscal year to those natives under this section,

36 the excess visa numbers shall be made available to natives (except natives

37 of a high-admission foreign country) of the other regions in proportion to

38 the percentages specified in subsection (f)(2) and (3) of this section.

39 (2) The percentage of visas made available under this section for a fiscal

40 year to natives of a single foreign country may not be more than 7 percent
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1 of the total number of visas made available under this section for the fiscal

2 year.

3 (h) REQUIREMENT OF EDUCATION OR WORK EXPERIENCE.—An alien is

4 eligible for a visa under this section only if the alien—

5 (1) has at least a high school education or its equivalent; or

6 (2) within the 5-year period preceding the date of applying for a visa

7 has at least 2 years of work experience in an occupation requiring at

8 least 2 years of training or experience.

9 (i) MAINTAINING INFORMATION.—The Secretary of State shall maintain

10 information on the age, occupation, education level, and other relevant char11 acteristics of immigrants issued visas under this section.

12 § 4106. Availability of visas for special immigrants having

13 honorable military service

14 (a) NONAPPLICATION OF NUMERICAL LIMITATIONS.— Except as pro15 vided in subsection (b) of this section, the numerical limitations of sections

16 4104 and 4110(a) and (b) of this title do not apply to immigrant visas

17 made available to special immigrants as defined in section 134(a)(13) of

18 this title.

19 (b) NUMBER OF AVAILABLE VISAS.—The number of visas made available

20 in a fiscal year—

21 (1) under subsections (b), (c), and (d) of section 4104 of this title

22 shall each be reduced by one-third of the number of visas allocated in

23 the prior fiscal year to special immigrants as defined in section

24 134(a)(13) of this title;

25 (2) to natives of a foreign country under section 4110(a) and (b) of

26 this title shall be reduced by the number of visas allocated in the prior

27 fiscal year to special immigrants as defined in section 134(a)(13) who

28 are natives of the foreign country; and

29 (3) under subsections (b), (c), and (d) of section 4104 for a foreign

30 country subject to section 4110(c) of this title in that fiscal year and

31 the prior fiscal year shall be reduced by one-third of the number of

32 visas allocated in the prior fiscal year to special immigrants as defined

33 in section 134(a)(13) who are natives of the foreign country.

34 § 4107. Status of spouses and children

35 The spouse or child (as defined in section 108(a)(1)–(5) of this title) ac36 companying or following to join an alien who is in a class described in sec37 tion 4103, 4104, or 4105 of this title is entitled to the same classification

38 and to have the same priority date as the alien if the spouse or child other39 wise is not entitled to immigrant status and the immediate issuance of a

40 visa under section 4103, 4104, or 4105.
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1 § 4108. Estimating number of visas to be issued

2 In carrying out sections 4103–4107 and 4313(a) and (b) of this title, the

3 Secretary of State may make estimates of the anticipated number of immi4 grant visas to be issued during any quarter of a fiscal year under each class

5 of sections 4103–4105 of this title. The Secretary may rely on those esti6 mates in authorizing the issuance of those visas.

7 § 4109. Pilot program

8 (a) ESTABLISHMENT OF PROGRAM AND ALLOCATION OF VISAS.—In each

9 of the years beginning October 1, 1995–1997, the Secretary of State, with

10 the Attorney General, shall set aside 300 visas from the visas otherwise

11 available under section 4104(f) of this title for a pilot program to carry out

12 section 4104(f). The program shall include a regional center in the United

13 States for promoting economic growth, including increased export sales, im14 proved regional productivity, job creation, and increased domestic capital in15 vestment. The visas are for aliens eligible for admission under section

16 4104(f) and spouses and children eligible under this title to accompany or

17 follow to join the alien.

18 (b) DETERMINATION OF NUMBER OF JOBS CREATED.—In establishing

19 compliance with section 4104(f)(2)(C) of this title and notwithstanding the

20 requirements of section 204.6 of title 8, Code of Federal Regulations, the

21 Attorney General shall allow aliens admitted under the program to establish

22 reasonable methodologies for determining the number of jobs created by the

23 program, including jobs estimated to have been created indirectly through

24 revenue produced from increased exports resulting from the program.

25 § 4110. Numerical limitations on individual foreign coun26 tries

27 (a) TOTAL NUMBER OF VISAS AVAILABLE IN A FISCAL YEAR.—(1) Ex28 cept as provided in this section, not more than 7 percent of the total num29 ber of immigrant visas made available under sections 4103 and 4104 of this

30 title in a fiscal year are made available to natives of any single foreign coun31 try, and not more than 2 percent of the total number are made available

32 to natives of any single dependent area.

33 (2) If, because of the application of paragraph (1) of this subsection to

34 at least one foreign country or dependent area, the total number of visas

35 made available under sections 4103 and 4104 of this title for a calendar

36 quarter is more than the number of qualified immigrants who otherwise may

37 be issued a visa, paragraph (1) does not apply to visas made available to

38 any such foreign country or dependent area during the remainder of the cal39 endar quarter.

40 (3) Except for the United States and American Samoa, an independent

41 country, self-governing dominion, or territory under the international trust-
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1 eeship system of the United Nations is a foreign country under this sub2 section when approved by the Secretary of State.

3 (4) Approval is deemed to have been given under paragraph (3) of this

4 subsection to—

5 (A) Taiwan (China); and

6 (B) Hong Kong.

7 (5) The Secretary shall specify the foreign country to which any other

8 inhabited land is to be attributed. The Secretary shall issue appropriate in9 structions to diplomatic and consular offices when the territorial limits of

10 a foreign country change and the Secretary recognizes the change.

11 (b) SPECIAL RULES FOR SPOUSES AND CHILDREN OF ALIENS LAW12 FULLY ADMITTED FOR PERMANENT RESIDENCE.—(1) Of the visa numbers

13 available under section 4103(c) of this title in a fiscal year to immigrants

14 described in section 4103(c)(1)(A) of this title—

15 (A) 75 percent of the 77 percent of the total number of visas avail16 able under section 4103(c) to those immigrants shall be issued without

17 regard to the numerical limitation established under subsection (a)(1)

18 of this section; and

19 (B) if a foreign country or dependent area is subject to subsection

20 (c) of this section, the remaining 25 percent of the 77 percent shall

21 be made available to natives of that country or area only to the extent

22 that the total number of visas issued under subparagraph (A) of this

23 paragraph to those immigrants is less than 77 percent of the maximum

24 number of visas available under subsection (c)(1)(B) of this section to

25 immigrants described in section 4103(c) of this title who are natives

26 of that country or area.

27 (2) For a foreign country or dependent area to which subsection (c) of

28 this section applies—

29 (A) the number of immigrant visas that may be made available

30 under section 4103(c) of this title to natives of the country or area who

31 are described in section 4103(c)(1)(B) of this title may not be more

32 than the greater of—

33 (i) 23 percent of the maximum number of visas available con34 sistent with subsection (c) of this section to immigrants described

35 in section 4103(c) of this title who are natives of the country or

36 area; or

37 (ii) the number, if any, by which the maximum number of visas

38 available under subsection (c)(1)(B) of this section to immigrants

39 described in section 4103(c) of this title who are natives of the

40 country or area is more than the number of visas issued to immi41 grants described in section 4103(c)(1)(A) of this title; and
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1 (B) if the total number of visas issued under section 4103(c) of this

2 title is more than the maximum number of visas available consistent

3 with subsection (c) of this section to immigrants described in section

4 4103(c) who are natives of the country or area, all visas are deemed

5 to have been required for the preferences specified in section 4103(b)

6 and (c) of this title when applying section 4103(d) and (e) of this title

7 under subsection (c)(1)(B) of this section.

8 (c) ALLOCATION WHEN NUMBER OF VISAS MADE AVAILABLE TO A

9 COUNTRY EXCEEDS NUMERICAL LIMITATION.—(1) If it appears that the

10 total number of immigrant visas made available under sections 4103 and

11 4104 of this title to natives of a foreign country or dependent area will be

12 more than the applicable numerical limitation established under subsection

13 (a)(1) of this section in a fiscal year, visa numbers for natives of that coun14 try or area shall be allocated under sections 4103 and 4104 (to the extent

15 practicable and otherwise consistent with this section and sections 4103 and

16 4104) so that—

17 (A) the ratio of the visa numbers made available under section 4103

18 of this title to the visa numbers made available under section 4104 of

19 this title equals the ratio of the worldwide numerical limitations of sec20 tion 4102(a)(1) of this title to the worldwide numerical limitation

21 under section 4102(b)(1) of this title;

22 (B) except as provided in paragraphs (3) and (4) of this subsection,

23 the proportion of the visa numbers allocated under each of subsections

24 (b), (c), (d), and (e) of section 4103 of this title equals the ratio of

25 the total number of visas available under each of those subsections to

26 the total number of visas available under section 4103; and

27 (C) the proportion of the visa numbers allocated under each of sub28 sections (b), (c), (d), (e), and (f) of section 4104 of this title equals

29 the ratio of the total number of visas available under each of those sub30 sections to the total number of visas available under section 4104.

31 (2) Paragraph (1) of this subsection does not limit the number of visas

32 that may be issued—

33 (A) to natives of a foreign country or dependent area under section

34 4103 of this title if there is insufficient demand for visas for those na35 tives under section 4104 of this title;

36 (B) to natives of a foreign country or dependent area under section

37 4104 of this title if there is insufficient demand for visas for those na38 tives under section 4103 of this title; or

39 (C) under subsection (b)(1)(A) of this section.
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1 § 4111. Charging immigrants to foreign countries

2 An immigrant is chargeable to the foreign country in which the immi3 grant was born except in the following circumstances:

4 (1) When an alien child is accompanied by or following to join an

5 alien parent of the child, the child may be charged to the foreign coun6 try of either parent if—

7 (A) the parent has received or qualifies for an immigrant visa;

8 (B) necessary to prevent the separation of the child from the

9 parent; and

10 (C) immigration charged to the foreign country to which the

11 parent has been or would be chargeable has not reached the nu12 merical limitation established by section 4110(a)(1) of this title.

13 (2) When an alien is chargeable to a foreign country different from

14 that of the spouse of the alien, the alien may be charged to the foreign

15 country of the spouse the alien is accompanying or following to join

16 if—

17 (A) the spouse has received or qualifies for an immigrant visa;

18 (B) necessary to prevent the separation of the alien and spouse;

19 and

20 (C) immigration charged to the foreign country to which the

21 spouse has been or would be chargeable has not reached the nu22 merical limitation established by section 4110(a)(1) of this title.

23 (3) An alien born in the United States is deemed to have been born

24 in the foreign country of which the alien is a citizen or subject. If the

25 alien is not a citizen or subject of a foreign country, the alien is

26 deemed to have been born in the last foreign country in which the con27 sular officer decides that the alien resided.

28 (4) An alien born in a foreign country in which neither parent of

29 the alien was born and in which neither parent resided at the time of

30 the birth of the alien may be charged to the foreign country of either

31 parent.

32 (5) An alien born in a dependent area of a foreign country, except

33 an alien described in section 4102(d) of this title, is chargeable to that

34 country.

35 § 4112. Burden of proof

36 An alien claiming to be an immigrant, a special immigrant, or an imme37 diate relative has the burden of proving that the alien is entitled to immi38 grant, special immigrant, or immediate relative status.

39 CHAPTER 43—PETITIONS AND DOCUMENTATION

SUBCHAPTER I—PETITIONS

Sec.
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4301. General.

4302. Approving petitions for children.

4303. Petitions for married aliens.

4304. Revoking approved petitions.

SUBCHAPTER II—DOCUMENTATION

4311. Documentation requirements.

4312. Applications for immigrant visas and registration.

4313. Issuing immigrant visas and other documentation.

4314. Period of validity and revocation.

4315. Unused immigrant visas.

4316. Reentry permits.

4317. Burden of proof.

4318. Documentation waivers.

1 SUBCHAPTER I—PETITIONS

2 § 4301. General

3 (a) PETITIONS TO THE ATTORNEY GENERAL.—The following individuals

4 may petition the Attorney General for the classification of aliens as follows:

5 (1) a citizen of the United States claiming an alien is entitled to im6 mediate relative status or to be classified under section 4103(b), (d),

7 or (e) of this title.

8 (2) an alien spouse described in section 117(2) of this title and desir9 ing to acquire, or to have a child of the alien spouse acquire, immediate

10 relative status.

11 (3) an alien eligible for immediate relative status (and a child of the

12 alien if the child is not classified under clause (4) of this subsection)

13 because the alien—

14 (A) is the spouse of a citizen of the United States;

15 (B) is an individual of good moral character;

16 (C) has resided in the United States with the spouse; and

17 (D) demonstrates to the Attorney General that—

18 (i) the alien is residing in the United States;

19 (ii) the marriage between the alien and the spouse was en20 tered into in good faith by the alien;

21 (iii) during the marriage the alien or a child of the alien

22 has been battered by, or has been the subject of extreme cru23 elty perpetrated by, the spouse; and

24 (iv) the alien’s deportation would result in extreme hard25 ship to the alien or child.

26 (4) a child eligible for immediate relative status because the child—

27 (A) is the child of a citizen of the United States;

28 (B) is an individual of good moral character;

29 (C) has resided in the United States with the citizen parent;

30 and

31 (D) demonstrates to the Attorney General that—

32 (i) the child is residing in the United States;
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1 (ii) during the period of residence with the citizen parent

2 the child has been battered by, or has been the subject of ex3 treme cruelty perpetrated by, that parent; and

4 (iii) the child’s deportation would result in extreme hard5 ship to the child.

6 (5) an alien lawfully admitted for permanent residence claiming clas7 sification for an alien entitled to be classified under section 4103(c) of

8 this title.

9 (6) an alien eligible to be classified under section 4103(c) of this title

10 (and a child of the alien if the child is not classified under clause (7)

11 of this subsection) because the alien—

12 (A) is the spouse of an alien lawfully admitted for permanent

13 residence;

14 (B) is an individual of good moral character;

15 (C) has resided in the United States with the spouse;

16 (D) demonstrates to the Attorney General that—

17 (i) the alien is residing in the United States;

18 (ii) the marriage between the alien and the spouse was en19 tered into in good faith by the alien;

20 (iii) during the marriage the alien or a child of the alien

21 has been battered by, or has been the subject of extreme cru22 elty perpetrated by, the spouse; and

23 (iv) the alien’s deportation would result in extreme hard24 ship to the alien or child.

25 (7) a child eligible to be classified under section 4103(c) of this title

26 because the child—

27 (A) is the child of an alien lawfully admitted for permanent resi28 dence;

29 (B) is an individual of good moral character;

30 (C) has resided in the United States with the permanent resi31 dent alien parent; and

32 (D) demonstrates to the Attorney General that—

33 (i) the child is residing in the United States;

34 (ii) during the period of residence with the permanent resi35 dent alien parent the child has been battered by, or has been

36 the subject of extreme cruelty perpetrated by, that parent;

37 and

38 (iii) the child’s deportation would result in extreme hard39 ship to the child.

40 (8) an alien desiring to be classified under section 4104(b)(1)(A) of

41 this title, or a person for the alien.
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1 (9) an individual intending to employ in the United States an alien

2 entitled to be classified under section 4104(b)(1)(B) or (C), (c), or (d)

3 of this title.

4 (10) an alien (except a special immigrant as defined in section

5 134(a)(4) of this title) desiring to be classified under section 4104(e)

6 of this title, or a person for the alien.

7 (11) an alien desiring to be classified under section 4104(f) of this

8 title.

9 (b) PETITIONS TO THE SECRETARY OF STATE.—(1) An alien claiming

10 status as a special immigrant as defined in section 134(a)(4) of this title

11 may petition the Secretary of State to be classified under section 4104(e)

12 of this title. The alien may file the petition only after being notified by the

13 Secretary that special immigrant status under section 134(a)(4) has been

14 recommended and approved as provided in section 134(a)(4).

15 (2)(A) An alien desiring to be classified under section 4105 of this title

16 may petition the Secretary of State to be classified under section 4105.

17 (B) The alien shall file the petition at the place and time the Secretary

18 of State decides by regulation. Only one petition may be filed during a peti19 tioning period established by the Secretary. If more than one petition is filed

20 during a period, all petitions filed by the alien during that period are void.

21 (C)(i) The Secretary of State shall designate a period during which a pe22 tition for a visa that may be issued under section 4105 of this title for the

23 fiscal year beginning after the end of the period may be filed.

24 (ii) An alien who qualifies, through random selection, for a visa under

25 section 4105 of this title remains eligible to receive the visa through the end

26 of the fiscal year for which the alien was selected.

27 (iii) The Secretary of State shall prescribe regulations necessary to carry

28 out this subparagraph.

29 (D) A petition under this paragraph shall—

30 (i) be in a form the Secretary of State prescribes by regulation; and

31 (ii) contain information and documentary evidence the Secretary re32 quires.

33 (c) APPROVING PETITIONS.—(1) After investigating the facts about a pe34 tition, and after consulting with the Secretary of Labor about a petition to

35 classify an alien under section 4104(c) or (d) of this title, the Attorney Gen36 eral shall approve the petition if the Attorney General decides the facts stat37 ed in the petition are true and the alien is an immediate relative or entitled

38 to be classified as requested under section 4103 or 4104 of this title.

39 (2) When acting on a petition under subsection (a)(3), (4), (6), or (7)

40 of this section, the Attorney General shall consider any credible evidence rel-
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1 evant to the petition. Only the Attorney General may decide what evidence

2 is credible and the weight to be given that evidence.

3 (3) After approving the petition, the Attorney General shall submit one

4 copy to the Secretary of State. The Secretary then shall authorize the ap5 propriate consular officer to classify the alien as approved.

6 (d) NONDISCRIMINATION.—Except as provided in sections 134,

7 4102(d)(6), 4103–4107, and 4110(a)(1) of this title, an alien may not re8 ceive a preference or priority or be discriminated against in issuing an im9 migrant visa under section 4313 of this title because of the alien’s race, sex,

10 nationality, place of birth, or place of residence.

11 (e) NO ENTITLEMENT TO ENTER THE UNITED STATES.—This sub12 chapter does not entitle an immigrant for whom a petition is approved

13 under this subchapter to enter the United States if found not to be entitled

14 to the classification on arrival in the United States.

15 § 4302. Approving petitions for children

16 (a) FAVORABLE HOME STUDY REQUIREMENT.—Notwithstanding section

17 4301 of this section, a petition for a child as defined in section 108(a)(6)

18 of this title may be approved only if a valid home study has been rec19 ommended favorably—

20 (1) by an agency of the State of the proposed residence of the child;

21 (2) by an agency that the State of the proposed residence of the

22 child authorizes to conduct the study; or

23 (3) for a child adopted outside the United States, by an appropriate

24 adoption agency licensed in the United States.

25 (b) PETITIONS FOR CERTAIN CHILDREN FATHERED BY CITIZENS OF

26 THE UNITED STATES.—(1) An alien claiming to be an alien described in

27 paragraph (2)(A) of this subsection, or a person for the alien, may petition

28 the Attorney General to be classified as an immediate relative or under sec29 tion 4103(b) or (d) of this title, as appropriate.

30 (2) After investigating the facts about a petition, the Attorney General

31 shall approve the petition if—

32 (A) the Attorney General has reason to believe that the alien was

33 born in Kampuchea, Korea, Laos, Thailand, or Vietnam after Decem34 ber 31, 1950, and before October 22, 1982, and was fathered by a citi35 zen of the United States;

36 (B) the Attorney General has received an acceptable guarantee of

37 legal custody and financial responsibility described in paragraph (5) of

38 this subsection; and

39 (C) for an alien less than 18 years of age—

40 (i) an appropriate child welfare agency licensed in the United

41 States and actively involved in the intercountry placement of chil-
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1 dren arranged the placement of the alien with a sponsor in the

2 United States; and

3 (ii) the mother or guardian of the alien, in writing, irrevocably

4 released the alien for emigration.

5 (3) In considering a petition filed under this subsection, the Attorney

6 General shall—

7 (A) consult with appropriate government officials and officials of pri8 vate voluntary organizations in the foreign country in which the alien

9 was born in making the findings described in paragraphs (2)(A) and

10 (C)(i) of this subsection; and

11 (B) consider the physical appearance of the alien and evidence pro12 vided by the petitioner, including—

13 (i) birth and baptismal certificates;

14 (ii) local civil records;

15 (iii) photographs of, and letters or proof of financial support

16 from, a putative father who is a citizen of the United States; and

17 (iv) relevant or probative testimony of witnesses.

18 (4) After approving the petition, the Attorney General shall submit one

19 copy to the Secretary of State.

20 (5) A guarantee of legal custody and financial responsibility for an alien

21 required by paragraph (2) of this subsection must—

22 (A) be signed in the presence of a consular officer or an immigration

23 officer by a sponsor who is—

24 (i) at least 21 years of age;

25 (ii) of good moral character; and

26 (iii) a citizen of the United States or an alien lawfully admitted

27 for permanent residence; and

28 (B) provide that the sponsor agrees—

29 (i) for an alien less than 18 years of age, to assume legal cus30 tody for the alien when the alien departs for the United States

31 and until the alien becomes 18 years of age, as provided under the

32 laws of the State in which the alien and the sponsor will reside;

33 and

34 (ii) to provide, during the longer of the 5-year period beginning

35 on the date the alien acquires the status of an alien lawfully ad36 mitted for permanent residence or the period beginning on that

37 date and ending on the date the alien becomes 21 years of age,

38 financial support necessary to maintain the family in the United

39 States of which the alien is a member at a level equal to at least

40 125 percent of the current official poverty line (established by the

41 Director of the Office of Management and Budget under section
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1 673(2) of the Community Services Block Grant Act (42 U.S.C.

2 9902(2) and revised by the Secretary of Health and Human Serv3 ices under section 673(2)) for a family the same size as that of

4 the family of the alien.

5 (6) The Attorney General may bring a civil action against the sponsor

6 in the district court of the United States for the judicial district in which

7 the sponsor resides to enforce a guarantee of legal custody and financial re8 sponsibility made under paragraph (5) of this subsection. However, a spon9 sor or the estate of the sponsor is not liable under the guarantee if the

10 sponsor dies or is adjudicated a bankrupt under title 11.

11 § 4303. Petitions for married aliens

12 (a) LIMITATIONS ON APPROVING PETITIONS FOR CERTAIN SPOUSES.—

13 (1) The Attorney General may approve a spousal petition under section

14 4103(c) of this title for the classification of the spouse of an alien if the

15 alien, because of a prior marriage, had become an alien lawfully admitted

16 for permanent residence as the spouse of a citizen of the United States or

17 an alien lawfully admitted for permanent residence only if—

18 (A) 5 years have passed since the alien had become an alien lawfully

19 admitted for permanent residence; or

20 (B) the alien, by clear and convincing evidence, satisfies the Attorney

21 General that the prior marriage was not entered into to evade the im22 migration laws.

23 (2) Paragraph (1) of this subsection does not apply to a petition for the

24 classification of the spouse of an alien if the prior marriage of the alien was

25 ended by the death of the alien’s spouse.

26 (b) PROHIBITION ON APPROVING PETITIONS BECAUSE OF MARRIAGES

27 TO EVADE IMMIGRATION LAWS.—Notwithstanding section 4301(c) of this

28 title, a petition may not be approved if—

29 (1) an alien previously acquired, or sought to acquire, immediate rel30 ative status or previously was classified, or sought to be classified,

31 under section 4103(c) of this title as a spouse of an alien lawfully ad32 mitted for permanent residence, because of a marriage the Attorney

33 General decides was entered into to evade the immigration laws; or

34 (2) the Attorney General decides the alien has attempted or con35 spired to enter into a marriage to evade the immigration laws.

36 (c) REQUIRED RESIDENCE OUTSIDE THE UNITED STATES FOR CERTAIN

37 ALIENS INVOLVED IN PROCEEDINGS.—(1) Notwithstanding section 4301(a)

38 and (b) of this title, a petition to grant immediate relative status or to clas39 sify an alien under section 4103, 4104, or 4105 of this title because of a

40 marriage entered into after November 9, 1986, and during the period de-
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1 scribed in section 9101(g)(1)(C) of this title, may not be approved until the

2 alien resides outside the United States for 2 years after the marriage.

3 (2) Paragraph (1) of this subsection does not apply to a marriage if the

4 alien establishes by clear and convincing evidence satisfactory to the Attor5 ney General that—

6 (A) the marriage was entered into in good faith and under the laws

7 of the place where the marriage took place;

8 (B) the marriage was not entered into to procure the alien’s entry

9 as an immigrant; and

10 (C) no consideration was given, except to an attorney for assistance

11 in preparing a petition, for filing a petition under section 2309(b) or

12 4301(a) or (b) of this title for an alien spouse or alien son or daughter.

13 (3) Under regulations of the Attorney General, the Attorney General shall

14 allow only one level of administrative appellate review for each alien under

15 paragraph (2) of this subsection.

16 § 4304. Revoking approved petitions

17 (a) GENERAL.—The Attorney General may revoke at any time a petition

18 approved by the Attorney General under section 4301(c) of this title if the

19 Attorney General considers that there is good cause to revoke. Revocation

20 is effective as of the date of approval of the petition if notice of the revoca21 tion is mailed to the last known address of the petitioner and the Secretary

22 of State notifies the alien for whom the petition was filed of the revocation

23 before the alien begins traveling to the United States. If notice is not given

24 as required by this section and the alien applies for admission to the United

25 States, the admissibility of the alien shall be decided as provided in sections

26 6103, 6331, and 6332 of this title.

27 (b) EXCEPTION.—Legal termination of a marriage may not be the only

28 basis for revoking a petition of an alien filed under section 4301(a)(3) or

29 (6) of this title because of conditions described in section 4301(a)(3)(D)(i)–

30 (iii) and (6)(D)(i)–(iii).

31 SUBCHAPTER II—DOCUMENTATION

32 § 4311. Documentation requirements

33 (a) DOCUMENTS REQUIRED.—(1) An immigrant may be admitted to the

34 United States only if, when applying for admission, the immigrant—

35 (A)(i) has an unexpired entry document required by this title; or

36 (ii) was born after an entry document was issued to the accompany37 ing parent;

38 (B) has an unexpired travel document or document of identity and

39 nationality when required by regulations the Attorney General pre40 scribes; and
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1 (C) except as otherwise provided in this title, has a visa issued as

2 provided under sections 4103–4105, 4107, and 4313(b) of this title.

3 (2) This section does not apply to an alien admitted under section 5105

4 of this title.

5 (b) WAIVER FOR CERTAIN SPECIAL IMMIGRANTS.—Under conditions that

6 may be prescribed by the Attorney General, the Attorney General may read7 mit a special immigrant as defined in section 134(a)(1) of this title who is

8 returning to the United States, without the alien’s having to obtain a pass9 port, immigrant visa, reentry permit, or other documentation, if the alien

10 otherwise is admissible.

11 § 4312. Applications for immigrant visas and registration

12 (a) APPLICATION REQUIREMENTS.—An alien applying for an immigrant

13 visa must apply in the way and at the place prescribed by regulation. The

14 application must contain—

15 (1) the complete true name of the alien and each alias ever used;

16 (2) the age and sex of the alien;

17 (3) the date and place of birth of the alien; and

18 (4) additional information prescribed by regulation that is necessary

19 to identify the alien and enforce the immigration and nationality laws.

20 (b) ADDITIONAL REQUIREMENTS.—(1) An alien applying for an immi21 grant visa must—

22 (A) register if required by chapter 81 of this title when applying for

23 the visa;

24 (B) take a physical and mental examination prescribed by regulation;

25 (C) if required under regulations the Secretary of State prescribes,

26 present a passport or other suitable travel document or a document of

27 identity and nationality; and

28 (D) provide the consular officer, with the application, with—

29 (i) a copy of a certification by the appropriate police authorities

30 stating what their records show about the alien;

31 (ii) a certified copy of any existing prison record, military

32 record, and record of birth of the alien; and

33 (iii) a certified copy of any other record or documentation about

34 the alien that the consular officer may require.

35 (2) Each copy provided under paragraph (1)(D) of this subsection shall

36 be attached to the application and become a part of the application. If the

37 alien satisfies the consular officer that it is not possible to obtain the copy,

38 the consular officer may allow the alien to submit other satisfactory evidence

39 of the fact to which the copy relates.

40 (c) SIGNATURE AND OATH.—Except as otherwise prescribed by regula41 tion, an alien must—
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1 (1) sign an application for an immigrant visa in the presence of a

2 consular officer; and

3 (2) take an oath administered by the consular officer verifying the

4 application.

5 (d) PROCESSING IMMIGRANT VISA APPLICATIONS OF CUBAN NATIONALS

6 IN 3D COUNTRIES.—(1) In this subsection, ‘‘process’’ means accepting and

7 reviewing an application and preparing necessary documents and making

8 appropriate decisions related to the application.

9 (2) Notwithstanding sections 4313(f) and 6106(a) of this title, a consular

10 officer shall process an application for an immigrant visa by a Cuban na11 tional located in a 3d country on the same basis as an application for an

12 immigrant visa by a national of another country.

13 (e) STATEMENT ABOUT NO ENTITLEMENT TO ENTER THE UNITED

14 STATES.—An application for an immigrant visa shall inform the applicant

15 that a visa or other documentation issued to an alien does not entitle the

16 alien to enter the United States if, on arrival at a port of entry, the alien

17 is found to be inadmissible.

18 (f) CANCELLATION OF REGISTRATION.—The Secretary shall cancel the

19 registration of an alien who does not apply for an immigrant visa within

20 one year after being notified that a visa is available. However, the Secretary

21 shall reinstate the registration if the alien establishes within 2 years after

22 notification that the failure to apply was due to circumstances beyond the

23 control of the alien.

24 § 4313. Issuing immigrant visas and other documentation

25 (a) REGISTRATION ON WAITING LISTS.—Waiting lists of aliens entitled

26 to an immigrant classification that is subject to the numerical limitations

27 specified in chapter 41 of this title shall be maintained under regulations

28 the Secretary of State prescribes.

29 (b) ORDER OF ISSUING VISAS.—(1) Immigrant visas made available

30 under section 4103 or 4104 of this title shall be issued to qualified immi31 grants in the order in which a petition for each immigrant is filed with the

32 Attorney General (or with the Secretary of State for special immigrants as

33 defined in section 134(a)(4) of this title) under section 4301(a) or (b) of

34 this title.

35 (2) Immigrant visas made available under section 4105 of this title shall

36 be issued to qualified immigrants as the Secretary prescribes for the fiscal

37 year involved.

38 (c) ISSUING VISAS.—(1) A consular officer issues an immigrant visa at

39 the office of the consular officer outside the United States. A consular offi40 cer may issue an immigrant visa to an eligible immigrant who has made

41 a proper application for the visa.
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1 (2) A consular officer may issue a special immigrant or an immediate rel2 ative an immigrant visa as a special immigrant or an immediate relative on

3 receiving satisfactory proof, under regulations prescribed under this title,

4 that the applicant is entitled to special immigrant or immediate relative

5 status.

6 (d) PROHIBITIONS.—(1) A consular officer may not issue an immigrant

7 visa or other documentation to an alien if—

8 (A) the alien’s application does not comply with this title or regula9 tions prescribed under this title; or

10 (B) the consular officer has reason to believe the alien is ineligible

11 for the visa or other documentation under subchapter I of chapter 63

12 of this title or any other provision of law.

13 (2) Notwithstanding paragraph (1)(B) of this subsection, a consular offi14 cer may issue an immigrant visa or other documentation to an alien to

15 whom section 6304(a) of this title applies if—

16 (A) the alien otherwise may receive the visa or other documentation;

17 and

18 (B) the consular officer receives notice from the Attorney General

19 that a bond approved by the Attorney General has been filed under sec20 tion 6304(b) of this title.

21 (e) CONTENTS OF VISAS.—An immigrant visa consists of the application

22 for the visa, when visaed by the consular officer. The visa shall specify—

23 (1) the foreign country to which the immigrant is charged;

24 (2) the immigrant’s particular status under that country;

25 (3) the preference classification or immediate relative or special im26 migrant status to which the immigrant is charged;

27 (4) the expiration date of the visa; and

28 (5) additional required information.

29 (f) DISCONTINUING ISSUANCE OF VISAS WHEN COUNTRY DENIES OR

30 DELAYS ACCEPTING ALIEN.—On being notified by the Attorney General

31 that the government of a foreign country, after being requested to accept

32 the return of an alien who is a citizen, subject, national, or resident of that

33 country, denies or unreasonably delays accepting the alien, the Secretary of

34 State shall order consular officers in that foreign country to discontinue is35 suing immigrant visas to citizens, subjects, nationals, and residents of that

36 country until the Attorney General notifies the Secretary that the country

37 has accepted the alien.

38 § 4314. Period of validity and revocation

39 (a) VALIDITY.—An immigrant visa is valid for the period prescribed by

40 regulation, but for not more than 4 months. However, an immigrant visa

41 issued to a child legally adopted by a citizen of the United States and the
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1 spouse of the citizen when the citizen is serving outside the United States

2 in the armed forces of the United States, is employed outside the United

3 States by the United States Government, or is temporarily outside the

4 United States on business, is valid until the regular return of the citizen

5 to the United States from the service, employment, or business, but for not

6 more than 3 years.

7 (b) REVOCATION.—A consular officer or the Secretary of State may re8 voke at any time an immigrant visa or other documentation issued to an

9 immigrant. A revocation invalidates the visa or documentation from the date

10 the visa or documentation is issued. The Attorney General shall be notified

11 of each revocation.

12 § 4315. Unused immigrant visas

13 (a) REPLACING UNUSED VISAS.—A consular officer may replace an im14 migrant visa under its original number during the fiscal year it was issued

15 if—

16 (1) the immigrant establishes to the satisfaction of the consular offi17 cer that the immigrant was unable to use the visa when it was valid

18 for reasons that the immigrant did not cause and that were beyond the

19 immigrant’s control;

20 (2) the consular officer finds the immigrant is eligible for an immi21 grant visa; and

22 (3) the immigrant pays again the statutory fees for an application

23 and immigrant visa.

24 (b) ISSUING UNUSED VISAS.—An eligible immigrant may be issued an

25 unused immigrant visa that the immigrant qualifies for if the visa originally

26 was issued to another immigrant—

27 (1) deported after being excluded from admission;

28 (2) not applying for admission before the visa expires; or

29 (3) as a preference immigrant and the immigrant is found not to be

30 a preference immigrant.

31 § 4316. Reentry permits

32 (a) APPLICATIONS.—An alien lawfully admitted for permanent residence

33 who intends to leave the United States temporarily may apply to the Attor34 ney General for a reentry permit to reenter the United States. The applica35 tion must—

36 (1) state the length of, and reason for, the departure;

37 (2) be accompanied by photographs of the applicant, and state other

38 information, that the Attorney General prescribes by regulation; and

39 (3) be made under oath.

40 (b) ISSUING REENTRY PERMITS.—The Attorney General may issue the

41 reentry permit if the Attorney General finds—
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1 (1) the application is made in good faith; and

2 (2) the alien’s departure is not contrary to the interests of the

3 United States.

4 (c) PERIOD OF VALIDITY.—A reentry permit may be issued for not more

5 than 2 years from the date it is issued and may not be renewed. The alien

6 may use the permit for any number of reentries into the United States. The

7 alien shall surrender the permit to the Attorney General when the permit

8 expires.

9 (d) PRESENTATION OF REENTRY PERMIT ON RETURNING TO THE

10 UNITED STATES.—An alien issued a reentry permit shall present the permit

11 to the immigration officer at the port of entry on returning to the United

12 States. The immigration officer shall accept the permit as a substitute for

13 any visa otherwise required under this title. The permit has no effect under

14 the immigration laws except to establish that the alien is returning from a

15 temporary departure. However, this section does not require a reentry per16 mit as the only way that an alien may establish a return from a temporary

17 departure.

18 (e) FORM OF APPLICATIONS AND PERMITS.—The Attorney General shall

19 prescribe by regulation the form of the application and reentry permit, ex20 cept that the permit shall be in a form to identify the alien completely and

21 shall be printed on distinctive safety paper.

22 § 4317. Burden of proof

23 An individual applying for an immigrant visa or other documentation re24 quired for entering the United States as an immigrant has the burden of

25 proving that the individual is eligible to be issued the visa or documentation.

26 A consular officer may issue the visa or documentation only if satisfied that

27 the individual is eligible to receive the visa or documentation.

28 § 4318. Documentation waivers

29 The Attorney General may waive sections 4311(a)(1) and 6313(a)(2) and

30 (c) of this title for an immigrant who has an immigrant visa and otherwise

31 is admissible if the Attorney General is satisfied that the immigrant did not

32 know, and by reasonable diligence could not have known, of the immigrant’s

33 excludability—

34 (1) before the vessel or aircraft on which the alien came to the

35 United States left the last port outside the United States and outside

36 foreign contiguous territory; or

37 (2) for an immigrant coming from foreign contiguous territory, be38 fore the immigrant applied for admission.
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1 CHAPTER 45—CONDITIONAL PERMANENT RESIDENT

2 STATUS

SUBCHAPTER I—CERTAIN ALIEN SPOUSES, SONS, AND DAUGHTERS

Sec.

4501. Definitions.

4502. Conditional basis of status.

4503. General requirements to remove conditional basis.

4504. Petitions.

4505. Personal interviews.

4506. Favorable decisions on removing the conditional basis.

4507. Unfavorable decisions on removing the conditional basis.

4508. Treatment of conditional basis period for naturalization purposes.

4509. Ending waivers.

SUBCHAPTER II—CERTAIN ALIEN ENTREPRENEURS, SPOUSES, AND CHILDREN

4521. Definitions.

4522. Conditional basis of status.

4523. General requirements to remove conditional basis.

4524. Petitions.

4525. Personal interviews.

4526. Favorable decisions on removing the conditional basis.

4527. Unfavorable decisions on removing the conditional basis.

4528. Treatment of conditional basis period for naturalization purposes.

3 SUBCHAPTER I—CERTAIN ALIEN SPOUSES, SONS, AND

4 DAUGHTERS

5 § 4501. Definitions

6 In this subchapter—

7 (1) ‘‘alien son or daughter’’ means an alien who acquires the status

8 of an alien lawfully admitted for permanent residence because the alien

9 is the son or daughter of an individual through a qualifying marriage.

10 (2) ‘‘alien spouse’’—

11 (A) means an alien who, because of a qualifying marriage, ac12 quires the status of an alien lawfully admitted for permanent resi13 dence—

14 (i) as an immediate relative as the spouse of a citizen of

15 the United States;

16 (ii) under section 2309(a) of this title as the fiancee or fi17 ance of a citizen of the United States; or

18 (iii) under section 4103(c) of this title as the spouse of an

19 alien lawfully admitted for permanent residence; but

20 (B) does not include an alien who acquires the status of an

21 alien lawfully admitted for permanent residence because of section

22 4107 of this title.

23 (3) ‘‘petitioning spouse’’ means the spouse of a qualifying marriage,

24 except the alien.

25 (4) ‘‘qualifying marriage’’ means a marriage entered into less than

26 24 months before the date an alien spouse acquires the status of an
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1 alien lawfully admitted for permanent residence because of the mar2 riage.

3 § 4502. Conditional basis of status

4 (a) GENERAL.—An alien spouse or an alien son or daughter, when ac5 quiring the status of an alien lawfully admitted for permanent residence, ac6 quires that status on a conditional basis as provided in this subchapter.

7 (b) NOTICE REQUIREMENTS.—When an alien spouse or alien son or

8 daughter acquires the status of an alien lawfully admitted for permanent

9 residence on a conditional basis under subsection (a) of this section, the At10 torney General shall notify the spouse, son, or daughter about this sub11 chapter and the requirements of section 4503 of this title to have the condi12 tional basis of the status removed. However, the failure of the Attorney

13 General to provide notice does not affect the enforcement of this subchapter

14 against the spouse, son, or daughter.

15 § 4503. General requirements to remove conditional basis

16 To remove the conditional basis established under section 4502(a) of this

17 title, the alien spouse and the petitioning spouse (if living)—

18 (1) jointly must submit to the Attorney General a petition requesting

19 the removal of the conditional basis and containing, under penalty of

20 perjury, the information required by section 4504(b) of this title; and

21 (2) must appear before the Attorney General for a personal interview

22 about the information required by section 4504(b).

23 § 4504. Petitions

24 (a) TIME FOR SUBMISSION.—(1) Except as provided in paragraph (2) of

25 this subsection, the petition required by section 4503(1) of this title must

26 be submitted during the 90-day period immediately before the 2d anniver27 sary that the alien acquired the status of an alien lawfully admitted for per28 manent residence.

29 (2) A petition submitted after the 90-day period may be considered only

30 if the alien satisfies the Attorney General that good cause and extenuating

31 circumstances existed for not submitting the petition during that period.

32 (3) The Attorney General may stay a deportation proceeding against an

33 alien who did not submit a petition within the 90-day period required under

34 paragraph (1) of this subsection pending the submission of the petition

35 under paragraph (2) of this subsection.

36 (4) At or about the beginning of the 90-day period, the Attorney General

37 shall try to notify the alien spouse or alien son or daughter of the require38 ments of section 4503 of this title. However, the failure of the Attorney

39 General to provide notice does not affect the enforcement of this subchapter

40 against the spouse, son, or daughter.

41 (b) CONTENTS.—Each petition shall contain the following information:
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1 (1) that the qualifying marriage—

2 (A) complied with the laws of the place where the marriage took

3 place;

4 (B) has not been annulled judicially or ended, except through

5 the death of a spouse; and

6 (C) was not entered into to procure the entry of an alien as an

7 immigrant.

8 (2) that no consideration was given, except to an attorney for assist9 ance in preparing the petition, for filing under section 2309(b) or

10 4301(a) or (b) of this title a petition for an alien spouse or an alien

11 son or daughter.

12 (3) the actual residence of each party to the qualifying marriage

13 since the date the alien spouse acquired the status of an alien lawfully

14 admitted for permanent residence on a conditional basis under section

15 4502(a) of this title.

16 (4) each employer and place of employment of each party since that

17 date.

18 § 4505. Personal interviews

19 (a) TIME AND LOCATION REQUIREMENTS.—(1) The personal interview

20 required by section 4503(2) of this title shall be conducted—

21 (A) within 90 days after the date a petition is submitted as required

22 by section 4503(1) of this title; and

23 (B) at a local office of the Immigration and Naturalization Service

24 the Attorney General designates that is convenient to the parties in25 volved.

26 (2) The Attorney General may waive the interview or the deadline for the

27 interview when appropriate.

28 (b) DECISIONS ON TRUTHFULNESS OF STATEMENTS.—Within 90 days

29 after an interview is conducted as required by section 4503(2) of this title,

30 the Attorney General shall decide whether the information in the petition

31 and required by section 4504(b) of this title about the qualifying marriage

32 is true.

33 § 4506. Favorable decisions on removing the conditional

34 basis

35 (a) FAVORABLE DECISIONS.—If the Attorney General decides the infor36 mation required by section 4504(b) of this title is true, the Attorney Gen37 eral shall notify the parties involved and shall remove the conditional basis

38 of the status of the parties effective on the 2d anniversary that the alien

39 acquired the status of an alien lawfully admitted for permanent residence.

40 (b) HARDSHIP WAIVERS.—(1) The Attorney General may remove the

41 conditional basis of an alien spouse or alien son or daughter when the alien
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1 spouse does not comply with section 4503 of this title if the alien spouse

2 or alien son or daughter shows that—

3 (A) extreme hardship would result if the alien spouse or alien son

4 or daughter is deported;

5 (B) the qualifying marriage was entered into in good faith by the

6 alien spouse, but the marriage has been ended (except through the

7 death of the spouse), and the alien spouse was not at fault in not com8 plying with section 4503 of this title; or

9 (C) the qualifying marriage was entered into in good faith by the

10 alien spouse and during the marriage the alien spouse or alien son or

11 daughter was battered by, or was the subject of extreme cruelty com12 mitted by, the spouse of the alien spouse or the citizen or permanent

13 resident parent of the alien son or daughter, and the alien spouse was

14 not at fault in not complying with section 4503 of this title.

15 (2) When deciding whether extreme hardship would result, the Attorney

16 General shall consider circumstances occurring only during the period the

17 alien was lawfully admitted for permanent residence on a conditional basis.

18 (3) When acting on a petition under this subsection, the Attorney General

19 shall consider any credible evidence relevant to the petition. Only the Attor20 ney General may decide what evidence is credible and the weight to be given

21 that evidence.

22 (4) The Attorney General shall establish by regulation ways to protect the

23 confidentiality of information about an abused alien spouse or alien son or

24 daughter, including information on the location of the spouse, son, or

25 daughter.

26 § 4507. Unfavorable decisions on removing the conditional

27 basis

28 (a) IMPROPER QUALIFYING MARRIAGES.—The Attorney General shall

29 end, as of the date the Attorney General makes a decision under this sub30 section, the status of an alien spouse or alien son or daughter as an alien

31 lawfully admitted for permanent residence and shall so notify the parties in32 volved if, before the 2d anniversary of the date the alien acquired the status,

33 the Attorney General decides that—

34 (1) the qualifying marriage—

35 (A) was entered into to procure an alien’s entry as an immi36 grant; or

37 (B) has been annulled judicially or ended, except through the

38 death of a spouse; or

39 (2) consideration was given, except to an attorney for assistance in

40 preparing the petition, for filing a petition for the alien under section

41 2309(b) or 4301 (a) or (b) of this title.
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1 (b) UNTRUE PETITION INFORMATION.—If the Attorney General decides

2 any information required by section 4504(b) of this title is not true, the At3 torney General shall end, as of the date of the decision, the status of an

4 alien spouse or alien son or daughter as an alien lawfully admitted for per5 manent residence and notify the parties involved.

6 (c) FAILURE TO FILE PETITIONS OR HAVE PERSONAL INTERVIEWS.—

7 The Attorney General shall end, as of the 2d anniversary of the alien’s law8 ful admission for permanent residence, the status of an alien spouse or alien

9 son or daughter as an alien lawfully admitted for permanent residence if—

10 (1) a petition is not submitted as required by section 4503(1) of this

11 title; or

12 (2) unless good cause is shown, the alien spouse and petitioning

13 spouse do not appear at the interview required by section 4503(2) of

14 this title.

15 (d) REVIEW OF DECISIONS.—(1) An alien whose permanent resident sta16 tus is ended under subsection (a) or (b) of this section may request a review

17 of the decision in a deportation proceeding. The burden of proof is on the

18 Attorney General to establish by a preponderance of the evidence that—

19 (A) if ended under subsection (a) of this section, a ground described

20 in subsection (a) is met; or

21 (B) if ended under subsection (b) of this section, any information re22 quired by section 4504(b) of this title about the qualifying marriage

23 is not true.

24 (2) An alien whose permanent resident status is ended under subsection

25 (c) of this section has the burden of proof in a deportation proceeding of

26 establishing compliance with section 4503 of this title.

27 § 4508. Treatment of conditional basis period for naturaliza28 tion purposes

29 In carrying out subtitle V of this title, an alien who is in the United

30 States as an alien lawfully admitted for permanent residence on a condi31 tional basis under this subchapter is deemed to have been admitted and to

32 be in the United States as an alien lawfully admitted for permanent resi33 dence.

34 § 4509. Ending waivers

35 A waiver under section 6301(b) or 6307(b) of this title obtained by an

36 alien to acquire the status of an alien lawfully admitted for permanent resi37 dence on a conditional basis under this subchapter ends when the status

38 ends under this subchapter.
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1 SUBCHAPTER II—CERTAIN ALIEN ENTREPRENEURS, SPOUSES,

2 AND CHILDREN

3 § 4521. Definitions

4 In this subchapter—

5 (1) ‘‘alien child’’ means an alien who acquires the status of an alien

6 lawfully admitted for permanent residence because the alien is the child

7 of an alien entrepreneur.

8 (2) ‘‘alien entrepreneur’’ means an alien who acquires the status of

9 an alien lawfully admitted for permanent residence under section

10 4104(f) of this title.

11 (3) ‘‘alien spouse’’ means an alien who acquires the status of an

12 alien lawfully admitted for permanent residence because the alien is the

13 spouse of an alien entrepreneur.

14 § 4522. Conditional basis of status

15 (a) GENERAL.—An alien entrepreneur, alien spouse, or alien child, when

16 acquiring the status of an alien lawfully admitted for permanent residence,

17 acquires that status on a conditional basis as provided in this subchapter.

18 (b) NOTICE REQUIREMENTS.—When an alien entrepreneur, alien spouse,

19 or alien child acquires the status of an alien lawfully admitted for perma20 nent residence on a conditional basis under subsection (a) of this section,

21 the Attorney General shall notify the entrepreneur, spouse, or child about

22 this subchapter and the requirements of section 4523 of this title to have

23 the conditional basis of the status removed. However, the failure of the At24 torney General to provide notice does not affect the enforcement of this sub25 chapter against the entrepreneur, spouse, or child.

26 § 4523. General requirements to remove conditional basis

27 To remove the conditional basis established under section 4522(a) of this

28 title, the alien entrepreneur must—

29 (1) submit to the Attorney General a petition requesting the removal

30 of the conditional basis and containing, under penalty of perjury, the

31 information described in section 4524(b) of this section; and

32 (2) appear before the Attorney General for a personal interview

33 about the information required by section 4524(b).

34 § 4524. Petitions

35 (a) TIME FOR SUBMISSION.—(1) Except as provided in paragraph (2) of

36 this subsection, the petition required by section 4523(1) of this title must

37 be submitted during the 90-day period immediately before the 2d anniver38 sary that the alien acquired the status of an alien lawfully admitted for per39 manent residence.
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1 (2) A petition submitted after the 90-day period may be considered only

2 if the alien satisfies the Attorney General that good cause and extenuating

3 circumstances exist for not submitting the petition during that period.

4 (3) The Attorney General may stay a deportation proceeding against an

5 alien who did not submit a petition within the 90-day period required under

6 paragraph (1) of this subsection pending the submission of the petition

7 under paragraph (2) of this subsection.

8 (4) At or about the beginning of the 90-day period, the Attorney General

9 shall try to notify the alien entrepreneur, alien spouse, or alien child of the

10 requirements of section 4523 of this title. However, the failure of the Attor11 ney General to provide notice does not affect the enforcement of this chap12 ter against the entrepreneur, spouse, or child.

13 (b) CONTENTS.—Each petition shall contain information demonstrating

14 that the alien—

15 (1) established a commercial enterprise;

16 (2) invested or was actively in the process of investing the required

17 capital; and

18 (3) conducted the actions described in clauses (1) and (2) of this

19 subsection during the entire period of the alien’s residence in the

20 United States.

21 § 4525. Personal interviews

22 (a) TIME AND LOCATION REQUIREMENTS.—(1) The personal interview

23 required by section 4523(2) of this title shall be conducted—

24 (A) within 90 days after the date a petition is submitted as required

25 by section 4523(1) of this title; and

26 (B) at a local office of the Immigration and Naturalization Service

27 the Attorney General designates that is convenient to the parties in28 volved.

29 (2) The Attorney General may waive the interview or the deadline for the

30 interview when appropriate.

31 (b) DECISIONS ON TRUTHFULNESS OF STATEMENTS.—Within 90 days

32 after an interview is conducted under section 4523(2) of this title, the At33 torney General shall decide whether the information in the petition and re34 quired by section 4524(b) of this title about the qualifying commercial en35 terprise is true.

36 § 4526. Favorable decisions on removing the conditional

37 basis

38 If the Attorney General decides the information required by section

39 4524(b) of this title is true, the Attorney General shall notify the alien in40 volved and shall remove the conditional basis of the status of the alien effec-
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1 tive on the 2d anniversary that the alien acquired the status of an alien

2 lawfully admitted for permanent residence.

3 § 4527. Unfavorable decisions on removing the conditional

4 basis

5 (a) IMPROPER QUALIFYING ENTREPRENEURSHIPS.—The Attorney Gen6 eral shall end, as of the date the Attorney General makes a decision under

7 this subsection, the status of an alien entrepreneur, alien spouse, and alien

8 child as aliens lawfully admitted for permanent residence and shall so notify

9 the alien entrepreneur if, before the 2d anniversary of the date the alien

10 entrepreneur acquired the status, the Attorney General decides the alien en11 trepreneur—

12 (1) established the commercial enterprise only to evade the immigra13 tion laws of the United States;

14 (2)(A) did not establish a commercial enterprise;

15 (B) did not invest or was not actively in the process of investing the

16 required capital; or

17 (C) was not conducting the actions described in subclauses (A) and

18 (B) of this clause during the entire period of the alien’s residence in

19 the United States; or

20 (3) otherwise was not complying with the requirements of section

21 4104(f) of this title.

22 (b) UNTRUE PETITION INFORMATION.—If the Attorney General decides

23 any information required by section 4524(b) of this title is not true, the At24 torney General shall end, as of the date of the decision, the status of an

25 alien entrepreneur, alien spouse, or alien child as an alien lawfully admitted

26 for permanent residence and notify the alien involved.

27 (c) FAILURE TO FILE PETITIONS OR HAVE PERSONAL INTERVIEWS.—

28 The Attorney General shall end, as of the 2d anniversary of the alien’s law29 ful admission for permanent residence, the status of an alien entrepreneur

30 as an alien lawfully admitted for permanent residence (and the status of the

31 entrepreneur’s spouse or child if acquired under section 4502(a) or 4522(a)

32 of this title) if—

33 (1) a petition is not submitted as required by section 4523(1) of this

34 title; or

35 (2) unless good cause is shown, the alien entrepreneur does not ap36 pear at the interview required by section 4523(2) of this title.

37 (d) REVIEW OF DECISIONS.—(1) An alien whose permanent residence

38 status is ended under subsection (a) or (b) of this section may request a

39 review of the decision in a deportation proceeding. The burden of proof is

40 on the Attorney General to establish by a preponderance of the evidence

41 that—
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1 (A) if ended under subsection (a) of this section, a ground described

2 in subsection (a) is met; or

3 (B) if ended under subsection (b) of this section, the information re4 quired by section 4524(b) of this title about the qualifying commercial

5 enterprise is not true.

6 (2) An alien whose permanent residence status is ended under subsection

7 (c) of this section has the burden of proof in a deportation proceeding of

8 establishing compliance with section 4523 of this title.

9 § 4528. Treatment of conditional basis period for naturaliza10 tion purposes

11 In carrying out subtitle V of this title, an alien who is in the United

12 States as an alien lawfully admitted for permanent residence on a condi13 tional basis under this subchapter is deemed to have been admitted and to

14 be in the United States as an alien lawfully admitted for permanent resi15 dence.

16 CHAPTER 47—ALIENS BORN IN VIETNAM AND

17 FATHERED BY CITIZENS OF THE UNITED STATES

Sec.

4701. Definitions and application.

4702. Validity and denial of visas.

4703. Admission.

4704. Rights, privileges, status, and benefits.

4705. Nonexclusive procedure for acquiring status.

18 § 4701. Definitions and application

19 (a) DEFINITIONS.—In this chapter—

20 (1) ‘‘child’’ has the same meaning given that term in section

21 108(a)(1)–(5) of this title.

22 (2) ‘‘principal alien’’ means an alien born in Vietnam after January

23 1, 1962, and before January 1, 1976, and fathered by a citizen of the

24 United States.

25 (b) APPLICATION.—This chapter applies to an alien who resided in Viet26 nam on December 22, 1987, and who satisfies a consular officer or an offi27 cer of the Immigration and Naturalization Service after a face-to-face inter28 view that the alien is—

29 (1) a principal alien;

30 (2) the spouse or child of a principal alien and is accompanying or

31 following to join the principal alien; or

32 (3) accompanying or following to join a principal alien and—

33 (A) is the natural mother of the principal alien or the spouse

34 or child of the mother; or
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1 (B) has acted in effect as the principal alien’s mother, father,

2 or next-of-kin or is the spouse or child of the alien who has acted

3 in that capacity.

4 § 4702. Validity and denial of visas

5 (a) VALIDITY.—An immigrant visa issued under this chapter is valid for

6 one year.

7 (b) DENIAL OF VISA.—An immigrant visa may not be issued to an alien

8 described in section 4701(b)(3) of this title unless the consular officer re9 ferred to in section 4701(b) of this title decides that the alien’s relationship

10 with the principal alien is similar to that which exists between close family

11 members and the admission of the alien is necessary for humanitarian pur12 poses or to ensure family unity.

13 § 4703. Admission

14 (a) GENERAL.—Notwithstanding any numerical limitations specified in

15 chapter 41 of this title, the Attorney General may admit an alien described

16 in section 4701(b) of this title to the United States as an immigrant if the

17 alien—

18 (1) is admissible as an immigrant; and

19 (2) is issued an immigrant visa and leaves Vietnam after March 21,

20 1988.

21 (b) NONAPPLICATION AND WAIVER.—When deciding on an alien’s admis22 sibility as an immigrant under this chapter—

23 (1) sections 6304(a) and 6313(a)(2), (b), and (c) of this title do not

24 apply; and

25 (2) the Attorney General, on the recommendation of a consular offi26 cer after an investigation by the consular officer, on an individual basis

27 may waive any other provision of subchapter I of chapter 63 of this

28 title (except sections 6307(a)(3), 6308(a)–(c), and 6309) in writing for

29 the alien for humanitarian purposes, to ensure family unity, or when

30 it is otherwise in the public interest.

31 § 4704. Rights, privileges, status, and benefits

32 (a) RIGHTS, PRIVILEGES, AND STATUS.—The natural mother of the prin33 cipal alien may not acquire any right, privilege, or status under this title

34 because of that parentage after an alien described in section 4701(b)(3)(B)

35 of this title is admitted to the United States.

36 (b) ELIGIBILITY FOR BENEFITS.—(1) An alien admitted (or awaiting ad37 mission) to the United States under this chapter is eligible for benefits

38 under subchapter I of chapter 131 of this title to the same extent as an

39 individual admitted (or awaiting admisison) under section 5105 of this title.

40 (2) Paragraph (1) of this subsection applies to an individual who leaves

41 Vietnam after October 1, 1988, and—
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1 (A) is described in section 4701(b) of this section but is issued an

2 immigrant visa—

3 (i) under section 4103 of this title; or

4 (ii) because the individual is an alien described in section

5 4102(d) of this title rather than an alien referred to in section

6 4102(a), (b), or (c) of this title; or

7 (B) would be described in section 4701(b) of this title if section

8 4701(b) also applied to principal aliens who were citizens of the United

9 States.

10 § 4705. Nonexclusive procedure for acquiring status

11 An alien eligible under this chapter to acquire the status of an alien law12 fully admitted for permanent residence is not barred from seeking that sta13 tus under any other provision of law under which the alien is eligible.

14 CHAPTER 49—MISCELLANEOUS

Sec.

4901. Eligibility for visa after departing the United States.

4902. Deposit of immigrant visa fees.

15 4901. Eligibility for visa after departing the United States

16 (a) GENERAL.—An alien who has been physically present in the United

17 States is eligible to receive an immigrant visa within 90 days after departing

18 the United States if the alien—

19 (1) was a lawful nonimmigrant at the time of the departure; or

20 (2)(A) is the spouse or unmarried child of an individual who at any

21 time became lawfully admitted for temporary or permanent residence

22 under chapter 93 of this title, section 210 of the Immigration and Na23 tionality Act (ch. 477, 66 Stat. 163), or section 202 of the Immigration

24 Reform and Control Act of 1986 (Public Law 99–603, 100 Stat.

25 3404);

26 (B) was the spouse or unmarried child of that individual on May 5,

27 1988;

28 (C) entered the United States before May 5, 1988, resided in the

29 United States on May 5, 1988, and is not a lawful permanent resident;

30 and

31 (D) applied for benefits under section 301(a) of the Immigration Act

32 of 1990 (Public Law 101–649, 104 Stat. 5029).

33 (b) ENDING DATE.—This section ends on October 1, 1997.

34 § 4902. Deposit of immigrant visa fees

35 Receipts received from an increase in the fee for an immigrant visa in

36 effect on September 30, 1994, caused by processing an applicant’s finger37 prints shall be deposited in the Administration of Foreign Affairs Account

38 as offsetting receipts and are available until expended.
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1 PART C—REFUGEES

2 CHAPTER 51—ADMISSIONS

Sec.

5101. Definition.

5102. Annual worldwide numerical limitations.

5103. Additional emergency numerical limitations.

5104. Congressional consultation and hearings.

5105. Admissions.

5106. Asylum.

5107. Adjustment of status.

3 § 5101. Definition

4 (a) APPROPRIATE CONSULTATION.—In this chapter, ‘‘appropriate con5 sultation’’ means discussions in person between Cabinet-level representatives

6 of the President and members of the Committees on the Judiciary of the

7 Senate and House of Representatives on refugee admissions and the alloca8 tion of refugee admissions that—

9 (1) review the worldwide refugee situation or an unforeseen emer10 gency refugee situation and estimate possible United States participa11 tion in the situation;

12 (2) consider the reasons for believing that the proposed admissions

13 are justified by humanitarian concerns or grave humanitarian concerns

14 or otherwise are in the interest of the United States; and

15 (3) provide the members with—

16 (A) a description of the nature of the refugee situation;

17 (B) a description of the number and allocation of the refugees

18 to be admitted and an analysis of conditions in the foreign coun19 tries from which they came;

20 (C) a description of the proposed plans and estimated cost of

21 moving and resettling the refugees;

22 (D) an analysis of the anticipated social, economic, and demo23 graphic impact of the refugee admissions on the United States;

24 (E) a description of the extent to which other foreign countries

25 will admit and assist in resettling the refugees;

26 (F) an analysis of the impact of United States participation in

27 the resettlement of the refugees on the foreign policy interests of

28 the United States; and

29 (G) additional information that may be appropriate or requested

30 by the members.

31 (b) PROVIDING INFORMATION IN ADVANCE.—To the extent possible, in32 formation described in subsection (a)(3) of this section shall be provided at

33 least 2 weeks before the discussions in person between the representatives

34 of the President and the members.
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1 § 5102. Annual worldwide numerical limitations

2 Before the beginning of each fiscal year and after appropriate consulta3 tion, the President shall establish for the fiscal year the number of refugee

4 admissions to the United States justified by humanitarian concerns or oth5 erwise in the interest of the United States. In stating that number, the

6 President also shall state the number of aliens granted asylum during the

7 prior fiscal year. After appropriate consultation, the President shall allocate

8 admissions among refugees of special humanitarian concern to the United

9 States.

10 § 5103. Additional emergency numerical limitations

11 (a) ESTABLISHMENT OF NUMBER.— As provided in this section, the

12 President may establish an additional number of refugee admissions to the

13 United States for a succeeding period of not more than 12 months. The

14 President may establish the additional number when the President decides,

15 before the beginning of the period and after appropriate consultation,

16 that—

17 (1) an unforeseen emergency refugee situation exists;

18 (2) the admission of certain refugees in response to the situation is

19 justified by grave humanitarian concerns or otherwise is in the interest

20 of the United States; and

21 (3) the admission of the refugees cannot be carried out under section

22 5102 of this title.

23 (b) ALLOCATION.—After appropriate consultation, the President shall al24 locate the admissions under subsection (a) of this section among refugees

25 of special humanitarian concern to the United States.

26 § 5104. Congressional consultation and hearings

27 (a) PRESIDENTIAL REPORTS AND DISCUSSIONS.—Before the beginning of

28 each fiscal year, the President shall report to the Committees on the Judici29 ary of the Senate and House of Representatives on the foreseeable number

30 of refugees who will need resettlement during the fiscal year and the antici31 pated allocation of refugee admissions during that year. The President shall

32 provide for periodic discussions between representatives of the President and

33 members of the Committees on—

34 (1) changes in the worldwide refugee situation;

35 (2) the progress of refugee admissions; and

36 (3) the possible need for changes in the allocation of admissions

37 among refugees.

38 (b) PRINTING IN CONGRESSIONAL RECORD.—As soon as possible after

39 representatives of the President initiate appropriate consultation on the

40 number of refugee admissions under section 5102 or 5103 of this title, the
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1 Committees shall have the substance of the consultations printed in the

2 Congressional Record.

3 (c) COMMITTEE HEARINGS.—After the President begins appropriate con4 sultation before acting under section 5102 or 5103 of this title, each Com5 mittee shall hold a hearing to review the proposed action unless—

6 (1) public disclosure of the details of the action would jeopardize the

7 lives or safety of individuals; and

8 (2) if an action under section 5103, the time and nature of the emer9 gency refugee situation do not permit hearings.

10 § 5105. Admissions

11 (a) AUTHORITY OF THE ATTORNEY GENERAL.—The Attorney General

12 may admit a refugee under regulations the Attorney General prescribes and

13 subject to the numerical limitations of sections 5102 and 5103 of this title.

14 The Attorney General may admit the refugee when the refugee is—

15 (1) not resettled firmly in a foreign country;

16 (2) admissible (except as otherwise provided under subsections (d)

17 and (e) of this section) as an immigrant under this title; and

18 (3) of special humanitarian concern to the United States.

19 (b) BURDEN OF PROOF.—An alien claiming refugee status has the bur20 den of proving that the alien is entitled to that status.

21 (c) ADMISSION OF SPOUSES AND CHILDREN.—(1) The spouse or child

22 (as defined in section 108(a)(1)–(5) of this title) of a refugee qualifying for

23 admission under subsection (a) of this section is entitled to be admitted the

24 same as the refugee if the spouse or child is—

25 (A) accompanying or following to join the refugee;

26 (B) not an individual referred to in section 132(2) of this title;

27 (C) not admissible under subsection (a) of this section; and

28 (D) admissible (except as otherwise provided under subsections (d)

29 and (e) of this section) as an immigrant under this title.

30 (2) The admission of the spouse or child shall be charged against the nu31 merical limitation under which the refugee’s admission is charged.

32 (d) NONAPPLICATION.—Sections 6304(a) and 6313(a)(2), (b), and (c) of

33 this title do not apply to an alien applying for admission under this section.

34 (e) WAIVERS.—(1) The Attorney General may waive subchapter I of

35 chapter 63 of this title (except sections 6307(a)(3), 6308(a)–(c), and 6309)

36 for the alien—

37 (A) for humanitarian purposes;

38 (B) to ensure family unity; or

39 (C) when otherwise in the public interest.

40 (2) A waiver under paragraph (1) of this subsection shall be in writing

41 and granted only after an investigation of the alien. The Attorney General
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1 shall report to Congress after the end of each fiscal year on the number

2 of waivers granted in that fiscal year and a summary of the reasons for

3 granting the waivers.

4 (f) CERTAIN CUBAN POLITICAL PRISONERS.—(1) In this subsection,

5 ‘‘process’’ means accepting and reviewing an application and preparing nec6 essary documents and making appropriate decisions related to the applica7 tion.

8 (2) Consistent with the procedure applicable to similar cases in other for9 eign countries, and except as necessary to ensure the orderly process of

10 available applicants, consular officers and the Attorney General shall proc11 ess an application for admission to the United States as a refugee from a

12 Cuban national imprisoned for political reasons by the Cuban Government

13 for any period of time after December 31, 1958.

14 (g) ENDING REFUGEE STATUS.—Under regulations the Attorney General

15 prescribes, the Attorney General may end the refugee status of an alien and

16 the spouse and child of the alien on finding that the alien was not a refugee

17 at the time of the alien’s admission.

18 § 5106. Asylum

19 (a) APPLICATIONS FOR, AND GRANTING, ASYLUM.—The Attorney Gen20 eral shall prescribe a procedure for an alien physically present in the United

21 States or at a land border or port of entry, regardless of the alien’s status,

22 to apply for asylum. If the Attorney General decides that the alien is a refu23 gee as defined in section 132(1)(A) of this title, the Attorney General may

24 grant asylum to the alien. However, an alien convicted of an aggravated fel25 ony may not apply for, or be granted, asylum.

26 (b) ENDING ASYLUM.—Under regulations the Attorney General pre27 scribes, the Attorney General may end asylum granted under subsection (a)

28 of this section if the Attorney General decides that the alien is no longer

29 a refugee as defined in section 132(1)(A) of this title because of a change

30 in circumstances—

31 (1) in the alien’s country of nationality; or

32 (2) if the alien has no nationality, in the country in which the alien

33 last habitually resided.

34 (c) GRANTING ASYLUM TO SPOUSES AND CHILDREN.—The spouse or

35 child (as defined in section 108(a)(1)–(5) of this title) of an alien granted

36 asylum under subsection (a) of this section may be granted asylum under

37 subsection (a) if the spouse or child—

38 (1) is accompanying or following to join the alien; and

39 (2) may not be granted asylum otherwise under subsection (a) of this

40 section.
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1 (d) EMPLOYMENT AUTHORIZATION.—An applicant for asylum is entitled

2 to employment authorization only as the Attorney General may provide by

3 regulation.

4 (e) EXPEDITED DEPORTATION FOR DENIED ASYLUM APPLICATIONS.—

5 (1) The Attorney General may provide for the expeditious adjudication of

6 asylum claims and, unless an applicant for asylum remains in an otherwise

7 valid nonimmigrant status, the expeditious deportation of asylum applicants

8 whose applications have been denied finally.

9 (2) Not more than the following amounts may be appropriated to the At10 torney General to carry out this subsection:

11 (A) $64,000,000 for the fiscal year ending September 30, 1995.

12 (B) $90,000,000 for the fiscal year ending September 30, 1996.

13 (C) $93,000,000 for the fiscal year ending September 30, 1997.

14 (D) $91,000,000 for the fiscal year ending September 30, 1998.

15 § 5107. Adjustment of status

16 (a) INSPECTION AND EXAMINATION OF REFUGEES FOR ADMISSION AS

17 IMMIGRANTS.—(1) An alien admitted as a refugee under section 5105 of

18 this title and physically present in the United States for at least one year

19 shall return or be returned to the custody of the Attorney General at the

20 end of the year for inspection and examination for admission as an immi21 grant under sections 6103, 6331, and 6332 of this title if—

22 (A) the refugee’s status as a refugee has not been ended by the

23 Attorney General; and

24 (B) the refugee has not been lawfully admitted for permanent resi25 dence.

26 (2) A refugee found to be admissible (except as otherwise provided under

27 subsections (d)(2) and (e) of this section) as an immigrant under this title

28 at the time of the refugee’s inspection and examination under paragraph (1)

29 of this subsection shall be lawfully admitted for permanent residence as of

30 the date of the refugee’s arrival in the United States. Admission is without

31 regard to the numerical limitations of this title.

32 (b) ALIENS GRANTED ASYLUM.—(1) Under regulations the Attorney

33 General prescribes, not more than 10,000 of the refugee admissions author34 ized in a fiscal year under section 5102 of this title may be made available

35 by the Attorney General to adjust the status of aliens granted asylum under

36 section 5106 of this title to that of aliens lawfully admitted for permanent

37 residence. The status of an alien may be adjusted when the alien—

38 (A) applies for the adjustment;

39 (B) has been physically present in the United States for at least one

40 year after being granted asylum;
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1 (C) continues to be a refugee as required by section 5106 of this title

2 or a spouse or child of the refugee;

3 (D) is not resettled firmly in a foreign country; and

4 (E) is admissible (except as otherwise provided under subsections

5 (d)(2) and (e) of this section) as an immigrant under this title at the

6 time of examination for the adjustment.

7 (2) On approval of an application under paragraph (1) of this subsection,

8 the Attorney General shall record the lawful admission for permanent resi9 dence of the alien as of the date one year before the date of approval.

10 (c) CERTAIN FORMER ASYLEES.—(1) Except as provided in paragraph

11 (2) of this subsection and subsection (d)(1) of this section, subsection (b)

12 of this section applies to an alien granted asylum before November 29, 1990

13 (even if asylum had been ended under section 5106(b) of this title) who—

14 (A) is no longer a refugee because of a change in circumstances in

15 a foreign country; and

16 (B) was or would be qualified for adjustment of status under sub17 section (b) on November 29, 1990, except for subsection (b)(1)(B) and

18 (C) and the numerical limitation under subsection (b).

19 (2) The number of aliens who are natives of a foreign country who may

20 adjust their status under paragraph (1) of this subsection in a fiscal year

21 may not be more than the difference between the foreign country limitation

22 established under section 4110(a) of this title and the number of aliens

23 chargeable to the country in the fiscal year under section 4111 of this title.

24 (d) NONAPPLICATION.—(1) The numerical limitation of subsection (b) of

25 this section does not apply to an alien described in subsection (c) of this

26 section or to an alien who applied for adjustment of status under subsection

27 (b) before June 2, 1990.

28 (2) Sections 6304(a) and 6313(a)(2), (b), and (c) of this title do not

29 apply to an alien seeking adjustment of status under this section.

30 (e) WAIVER.—The Attorney General may waive subchapter I of chapter

31 63 of this title (except sections 6307(a)(3), 6308(a)–(c), and 6309) for an

32 alien—

33 (1) for humanitarian purposes;

34 (2) to ensure family unity; or

35 (3) when otherwise in the public interest.

36 PART D—ENTRY, EXCLUSION, AND DEPORTATION

37 CHAPTER 61—ARRIVAL, INSPECTION, AND ADMISSION

SUBCHAPTER I—GENERAL

Sec.

6101. Time and place of entry.

6102. Presentation of documentation.

6103. Inspection of arriving individuals.
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6104. Physical and mental examinations of arriving aliens.

6105. Custody pending decisions on excluding aliens convicted of aggravated felonies.

6106. Presidential authority to limit entry of aliens.

6107. Denial of admission of United Nations representatives because of espionage.

SUBCHAPTER II—ADMISSION OF CERTAIN ALIENS

6121. Lawfully admitted aliens returning after temporary absence.

6122. Temporary admission of excludable nonimmigrants.

6123. Temporary parole.

6124. Accredited officials of foreign governments.

6125. Alien witnesses.

1 SUBCHAPTER I—GENERAL

2 § 6101. Time and place of entry

3 An alien may enter the United States only at the time and place des4 ignated by an immigration officer.

5 § 6102. Presentation of documentation

6 (a) IMMIGRANT ARRIVALS.—An alien arriving in the United States as an

7 immigrant shall surrender the alien’s immigrant visa to the immigration of8 ficer at the port of entry. The immigration officer shall endorse on the

9 visa—

10 (1) the date and the port of arrival;

11 (2) the identity of the vessel, aircraft, or other means of transpor12 tation; and

13 (3) other information required by regulation.

14 (b) NONIMMIGRANT ARRIVALS.—(1) Except as provided in paragraph (2)

15 of this subsection, an alien arriving in the United States as a nonimmigrant

16 shall present or surrender to the immigration officer at the port of entry

17 documentation required by regulation.

18 (2) An alien arriving in the United States as a nonimmigrant crew19 member with a passport and no other documentation may be admitted until

20 it is practicable to issue documentation to the alien if—

21 (A) the name of the crewmember is on the crew list of the vessel

22 or aircraft on which the crewmember arrives;

23 (B) a consular officer visas the crew list (but the consular officer

24 may exclude a crewmember from the crew list visa); and

25 (C) the alien is otherwise admissible.

26 (c) RECORDS OF ADMISSION.—The Attorney General shall file—

27 (1) as a record of an alien’s admission, an immigrant visa surren28 dered by the alien under subsection (a) of this section; and

29 (2) a record of entry into the United States that the Attorney Gen30 eral considers necessary to enforce the immigration laws, on the admis31 sion of—

32 (A) a returning resident immigrant under section 4311(b) of

33 this title; and

34 (B) a nonimmigrant.
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1 § 6103. Inspection of arriving individuals

2 (a) GENERAL AUTHORITY.—An immigration officer may inspect an indi3 vidual arriving in the United States to decide whether the individual is ad4 missible.

5 (b) STATEMENTS UNDER OATH.—An individual arriving in the United

6 States may be required to state under oath—

7 (1) the individual’s purpose in coming to the United States;

8 (2) the period the individual intends to remain in the United States;

9 (3) whether, if an alien, the individual intends to become a citizen

10 of the United States; and

11 (4) additional information to assist the immigration officer in decid12 ing whether the individual is a national of the United States or an

13 alien, and if an alien, whether the individual is excludable.

14 (c) ALIENS SUSPECTED OF BEING EXCLUDABLE BECAUSE OF

15 HEALTH.—If an alien arriving in the United States is suspected of being

16 excludable under section 6302(a) of this title, an immigration officer shall

17 detain the alien for a sufficient time to have the alien undergo a physical

18 and mental examination under section 6104 of this title.

19 (d) DETENTION FOR PROCEEDING BEFORE IMMIGRATION JUDGE.—(1)

20 Except as provided in paragraph (2) of this subsection, an alien shall be

21 detained for a proceeding before an immigration judge under section 6331

22 of this title if—

23 (A) the immigration officer has any doubt about the alien’s admissi24 bility; or

25 (B) another immigration officer challenges the first immigration offi26 cer’s decision to admit the alien.

27 (2) Paragraph (1) of this subsection does not apply to an alien who is—

28 (A) a crewmember;

29 (B) a stowaway; or

30 (C) excluded from admission under subsection (e) of this section.

31 (e) ALIENS DANGEROUS TO NATIONAL SECURITY.—(1) If an immigra32 tion officer or an immigration judge suspects that an alien may be exclud33 able under section 6308(a)(1)–(3), (b), or (c) of this title, the officer or

34 judge shall exclude the alien temporarily from admission and report the ex35 clusion to the Attorney General. No further inquiry may be conducted until

36 ordered by the Attorney General. The alien or the alien’s representative may

37 submit a written statement and additional information for consideration by

38 the Attorney General.

39 (2) The Attorney General may order the alien excluded and deported

40 without further inquiry by an immigration judge if the Attorney General—
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1 (A) is satisfied on the basis of confidential information that the alien

2 is excludable under section 6308(a)(1)–(3), (b), or (c) of this title; and

3 (B) after consulting with appropriate security agencies of the United

4 States Government, concludes that disclosure of the information would

5 be prejudicial to the public interest, safety, or security.

6 § 6104. Physical and mental examinations of arriving aliens

7 (a) EXAMINATIONS BY MEDICAL OFFICERS.—Except as provided in sub8 section (c) of this section, a physical and medical examination required

9 under section 6103(c) of this title shall be conducted by a medical officer

10 of the Public Health Service. The medical officer shall certify, for the infor11 mation of immigration officers and immigration judges, any observation by

12 the medical officer that an alien—

13 (1) has a condition described in section 6302(a) of this title; or

14 (2) is helpless because of sickness, physical or mental disability, or

15 infancy.

16 (b) OFFICERS TRAINED IN MENTAL EXAMINATIONS.—Medical officers of

17 the Public Health Service, specially trained in diagnosing mental disorders,

18 shall be assigned to ports of entry designated by the Attorney General. The

19 Attorney General shall provide those medical officers with interpreters and

20 suitable facilities for the detention and examination of arriving aliens sus21 pected of being excludable under section 6302(a) of this title.

22 (c) USE OF PRIVATE AND MILITARY PHYSICIANS.—If a medical officer

23 of the Public Health Service is not available to conduct an examination

24 under subsection (a) of this section, the Attorney General may obtain, on

25 terms the Attorney General prescribes, the services of—

26 (1) a private physician with at least 4 years of professional experi27 ence; or

28 (2) if the alien to be examined is a special immigrant as defined in

29 section 134(a)(13) of this title, a physician of the armed forces of the

30 United States with at least 4 years of professional experience.

31 (d) EXAMINATIONS CONDUCTED UNDER REGULATIONS.—Examinations

32 under this section shall be conducted under administrative regulations pre33 scribed by the Attorney General and medical regulations prescribed by the

34 Secretary of Health and Human Services.

35 (e) APPEAL OF CERTIFICATION.—An alien certified under this section as

36 having a condition described in section 6302(a) of this title may appeal the

37 certification to a board of medical officers of the Public Health Service con38 vened by the Secretary. The alien may present before the board, at the

39 alien’s expense, one expert medical witness.
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1 § 6105. Custody pending decisions on excluding aliens con2 victed of aggravated felonies

3 (a) CUSTODY.—Pending a decision on excludability, the Attorney General

4 shall take into custody an alien convicted of an aggravated felony when the

5 alien is released (whether the alien is released on parole, supervised release,

6 or probation or may be arrested or imprisoned again for the same offense).

7 (b) RELEASE FROM CUSTODY.—The Attorney General may release an

8 alien taken into custody under subsection (a) of this section only if—

9 (1) the Attorney General decides that the alien may not be deported

10 because the condition described in section 4313(f) of this title exists;

11 and

12 (2)(A) a procedure has been established for reviewing each request

13 for release under this subsection;

14 (B) the procedure includes consideration of the severity of the felony

15 committed; and

16 (C) the review concludes that the alien will not pose a danger to the

17 safety of other individuals or to property.

18 § 6106. Presidential authority to limit entry of aliens

19 (a) SUSPENDING OR RESTRICTING ENTRY OF CERTAIN ALIENS OR

20 CLASSES OF ALIENS.—When the President finds that the entry of aliens

21 or a class of aliens into the United States would be detrimental to the inter22 ests of the United States, the President, by proclamation, may suspend the

23 entry of all aliens or a class of aliens or impose restrictions on their entry,

24 for any period the President considers necessary.

25 (b) BARRING ENTRY OF IMMEDIATE RELATIVES AND BUSINESS PART26 NERS OF DRUG TRAFFICKERS.—The President shall take all reasonable

27 steps provided by law to ensure that the immediate relatives of an individual

28 described in section 487(a) of the Foreign Assistance Act of 1961 (22

29 U.S.C. 2291f(a)), and the business partners of an individual or entity de30 scribed in section 487(a), are not permitted entry into the United States.

31 § 6107. Denial of admission of United Nations representa32 tives because of espionage

33 The President shall use the authority of the President, including the au34 thority contained in section 6 of the Joint Resolution of August 4, 1947

35 (ch. 482, 61 Stat. 767) (known as the United Nations Headquarters Agree36 ment Act), to deny admission of an individual to the United States as a

37 representative to the United Nations if the President decides that the indi38 vidual has been found to have been engaged in espionage activities directed

39 against the United States or its allies and may pose a threat to the security

40 interests of the United States. The President may waive this section if the
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1 President decides, and notifies Congress, that the waiver is in the security

2 interests of the United States.

3 SUBCHAPTER II—ADMISSION OF CERTAIN ALIENS

4 § 6121. Lawfully admitted aliens returning after temporary

5 absence

6 (a) GENERAL.—The Attorney General may admit an alien who is lawfully

7 admitted for permanent residence and returning after a temporary absence,

8 without regard to section 4311(a) or subchapter I of chapter 63 of this title

9 (except sections 6308, 6309, and 6312), if the alien—

10 (1) left the United States voluntarily and not under an order of de11 portation; and

12 (2) is returning to a lawful unrelinquished domicile of 7 consecutive

13 years.

14 (b) OTHER AUTHORITY NOT LIMITED.—Subsection (a) of this section

15 does not limit the authority of the Attorney General under section 4311(b)

16 of this title.

17 (c) NONAPPLICATION TO CERTAIN FELONS.—Subsection (a) of this sec18 tion does not apply to an alien who has been convicted of, and has served

19 a total term of imprisonment of at least 5 years for, one or more aggravated

20 felonies.

21 § 6122. Temporary admission of excludable nonimmigrants

22 (a) ISSUING NONIMMIGRANT VISAS.—An alien applying for a non23 immigrant visa who a consular officer believes is ineligible for a visa under

24 subchapter I of chapter 63 of this title (except sections 6308(a)(1), (3), and

25 (4) and (c), 6309, and 6313(a)(1)) may be issued a nonimmigrant visa and

26 admitted temporarily as a nonimmigrant if the Attorney General approves

27 a recommendation by the officer or the Secretary of State that the alien

28 be admitted temporarily despite the alien’s excludability.

29 (b) ADMISSIONS.—An alien excludable under subchapter I of chapter 63

30 of this title (except sections 6308(a)(1), (3), and (4) and (c), 6309, and

31 6313(a)(1)) may be admitted temporarily as a nonimmigrant if the alien—

32 (1) has the appropriate documentation; or

33 (2) is granted a waiver of the documentation requirements.

34 (c) CONDITIONS TO CONTROL ADMISSION AND RETURN.—The Attorney

35 General shall prescribe conditions, including filing a bond as necessary, to

36 control the admission and return of aliens applying for admission under this

37 section.

38 § 6123. Temporary parole

39 (a) GENERAL.—Except as provided in section 2305(c) of this title, the

40 Attorney General, for an emergency or other reasons strictly in the public

41 interest, may parole temporarily into the United States an alien applying
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1 for admission. However, if the alien is a refugee, the Attorney General may

2 parole the alien only if the Attorney General finds compelling reasons in the

3 public interest requiring the alien to be paroled instead of admitted as a

4 refugee. Parole of an alien under this section—

5 (1) is subject to conditions the Attorney General may prescribe; and

6 (2) is not an admission to the United States.

7 (b) END OF PAROLE.—When the Attorney General is of the opinion that

8 the purposes of the parole have been served, the alien immediately shall re9 turn or be returned to the custody from which the alien was paroled. There10 after, the alien’s application for admission shall continue to be considered

11 in the same way as the application of any other alien for admission.

12 § 6124. Accredited officials of foreign governments

13 On a reciprocal basis, an accredited official of a government of a foreign

14 country, and the official’s immediate family, attendants, servants, and per15 sonal employees, may be admitted for immediate and continuous transit

16 through the United States without regard to subchapter I of chapter 63 of

17 this title (except sections 6308(a)–(c) and 6313(a)(1)).

18 § 6125. Alien witnesses

19 (a) WAIVERS.—The Attorney General may waive the requirements of sec20 tion 2121(a) of this title and the grounds of exclusion in subchapter I of

21 chapter 63 of this title (except section 6309) for an alien applying as a non22 immigrant classified under section 2326 of this title if the Attorney General

23 considers it in the national interest to do so.

24 (b) DEPORTATION FOR NONDISCLOSURE OR SUBSEQUENT CONDUCT.—

25 This section does not prevent deportation of an alien admitted as a non26 immigrant classified under section 2326 of this title for—

27 (1) conduct or a condition that was not disclosed to the Attorney

28 General before the alien’s admission as a nonimmigrant classified

29 under that section; or

30 (2) conduct committed after the alien’s admission into the United

31 States.

32 CHAPTER 63—VISA INELIGIBILITY AND EXCLUSION

SUBCHAPTER I—GROUNDS

Sec.

6301. Fraud and misrepresentation.

6302. Health.

6303. Protection and guardianship of aliens excluded for health or infancy.

6304. Public charges.

6305. Stowaways.

6306. Encouraging others to enter illegally.

6307. Criminal and immoral acts.

6308. National security.

6309. Participation in Nazi persecution or genocide.

6310. Prior deportation or removal.

6311. Ineligibility for citizenship and evasion of military service.
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6312. International child abduction.

6313. Noncompliance with documentation requirements.

6314. Application of exclusions to aliens leaving Guam, Puerto Rico, or the Virgin Islands.

SUBCHAPTER II—PROCEDURE

6331. Exclusion proceedings.

6332. Administrative appeals.

6333. Right to counsel.

6334. Judicial review.

6335. Deportation of excluded aliens.

6336. Costs of deporting excluded aliens.

1 SUBCHAPTER I—GROUNDS

2 § 6301. Fraud and misrepresentation

3 (a) GENERAL.—An alien is ineligible for a visa and shall be excluded

4 from admission to the United States if the alien—

5 (1) by fraud or willful misrepresentation of a material fact obtained,

6 or attempted or attempts to obtain, a visa, other documentation, entry

7 into the United States, or another benefit under this title (except sub8 chapter I of chapter 5, subchapters II and III of chapter 131, and

9 chapters 133–137); or

10 (2) is the subject of a final order for violation of section 10125(b)

11 of this title.

12 (b) WAIVERS.—The Attorney General may waive subsection (a)(1) of this

13 section for an immigrant if—

14 (1) the immigrant is the spouse, parent, son, or daughter of a citizen

15 of the United States or of an immigrant lawfully admitted for perma16 nent residence; or

17 (2) the fraud or misrepresentation occurred at least 10 years before

18 the date of the immigrant’s application for a visa, entry, or adjustment

19 of status and the Attorney General is satisfied that the immigrant’s ad20 mission would not be contrary to the welfare, safety, or security of the

21 United States.

22 § 6302. Health

23 (a) GENERAL.—An alien is ineligible for a visa and shall be excluded

24 from admission to the United States if the alien is found—

25 (1) under regulations prescribed by the Secretary of Health and

26 Human Services, to have a communicable disease of public health sig27 nificance or to be infected with the etiologic agent for acquired immune

28 deficiency syndrome;

29 (2) under regulations prescribed by the Secretary in consultation

30 with the Attorney General—

31 (A) to have a physical or mental disorder and behavior associ32 ated with the disorder that may pose, or has posed, a threat to

33 the property, safety, or welfare of the alien or others; or
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1 (B) to have had a physical or mental disorder and a history of

2 behavior associated with the disorder that has posed a threat to

3 the property, safety, or welfare of the alien or others and is likely

4 to recur or to lead to other harmful behavior; or

5 (3) under regulations prescribed by the Secretary, to be a drug

6 abuser or addict.

7 (b) WAIVERS.—(1) The Attorney General may waive—

8 (A) subsection (a)(1) of this section for an alien who—

9 (i) is the spouse, unmarried son, unmarried daughter, or adopt10 ed child of a citizen of the United States, of an alien lawfully ad11 mitted for permanent residence, or of an alien who has been issued

12 an immigrant visa; or

13 (ii) has a son or daughter who is a citizen of the United States,

14 an alien lawfully admitted for permanent residence, or an alien

15 who has been issued an immigrant visa; or

16 (B) subsection (a)(2) of this section for any alien.

17 (2) A waiver under this subsection is subject to any conditions, including

18 filing a bond, that the Attorney General may prescribe by regulation after

19 consultation with the Secretary.

20 § 6303. Protection and guardianship of aliens excluded for

21 health or infancy

22 An alien is ineligible for a visa and shall be excluded from admission to

23 the United States if—

24 (1) the alien is accompanying another alien ordered excluded and de25 ported and certified to be helpless because of sickness, physical or men26 tal disability, or infancy under section 6104(a) of this title; and

27 (2) the alien’s protection or guardianship is required by the alien or28 dered excluded and deported.

29 § 6304. Public charges

30 (a) GENERAL.—An alien is ineligible for a visa and shall be excluded

31 from admission to the United States if the consular officer believes, at the

32 time of the application for a visa, or the Attorney General believes, at the

33 time of the application for admission or adjustment of status, that the alien

34 is likely at any time to become a public charge.

35 (b) ADMISSION ON BOND.—(1) The Attorney General may admit an alien

36 excludable under subsection (a) of this section if the alien is otherwise ad37 missible and files a bond approved by the Attorney General. The bond

38 shall—

39 (A) be in an amount and contain conditions the Attorney General

40 prescribes; and
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1 (B) be for the benefit of the United States, States, territories and

2 possessions of the United States, and political subdivisions, holding

3 them harmless against the alien’s becoming a public charge.

4 (2) When the alien permanently leaves the United States, is naturalized,

5 or dies, the bond ends and the security held to secure performance, except

6 to the extent forfeited for a violation of the bond, shall be returned to the

7 person providing it or to the person’s legal representative.

8 (3) The Attorney General may bring a civil action on the bond in the

9 name of the United States for the benefit of the United States or of a State,

10 territory, possession, or political subdivision in which the alien is a public

11 charge, regardless of whether a demand for payment of public expenses has

12 been made.

13 § 6305. Stowaways

14 An alien is ineligible for a visa and shall be excluded from admission to

15 the United States if the alien is a stowaway.

16 § 6306. Encouraging others to enter illegally

17 (a) GENERAL.—An alien is ineligible for a visa and shall be excluded

18 from admission to the United States if the alien at any time knowingly en19 couraged, induced, or assisted another alien to enter or attempt to enter the

20 United States in violation of law.

21 (b) NONAPPLICATION.—Subsection (a) of this section does not apply to

22 an alien who—

23 (1) is an eligible immigrant (as defined in section 301(b) of the Im24 migration Act of 1990 (Public Law 101–649, 104 Stat. 5029));

25 (2) was physically present in the United States on May 5, 1988;

26 (3) is seeking—

27 (A) admission as an immediate relative;

28 (B) admission under section 4103(c) of this title (including

29 under section 112 of the Immigration Act of 1990 (Public Law

30 101–649, 104 Stat. 4987)); or

31 (C) benefits under section 301(a) of that Act (104 Stat. 5029);

32 and

33 (4) before May 5, 1988, encouraged, induced, or assisted only the

34 alien’s spouse, parent, son, or daughter (and no other individual) to

35 enter the United States in violation of law.

36 (c) WAIVERS.—The Attorney General may waive subsection (a) of this

37 section for humanitarian purposes, to ensure family unity, or when it is oth38 erwise in the public interest, for an alien who—

39 (1)(A) is lawfully admitted for permanent residence, temporarily left

40 the United States voluntarily and not under an order of deportation,
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1 and is otherwise admissible as a returning resident under section

2 4311(b) of this title; or

3 (B) is seeking admission or adjustment of status as an immediate

4 relative or immigrant under section 4103(b), (c), or (d) of this title;

5 and

6 (2) has encouraged, induced, or assisted only the alien’s spouse, par7 ent, son, or daughter (and no other individual) to enter the United

8 States in violation of law.

9 § 6307. Criminal and immoral acts

10 (a) GENERAL.—Each of the following aliens is ineligible for a visa and

11 shall be excluded from admission to the United States:

12 (1) an alien who has been convicted of, admits having committed, or

13 admits having committed acts that are the essential elements of, an of14 fense involving moral turpitude (except a purely political offense) or an

15 attempt or conspiracy to commit such an offense, but this clause does

16 not apply to an alien who has committed only one offense if—

17 (A) the alien committed the offense when less than 18 years of

18 age, and committed the offense and was released from any con19 finement to a correctional institution imposed for the offense more

20 than 5 years before applying for a visa or other documentation

21 and for admission; or

22 (B) the maximum imprisonment for the offense was not more

23 than one year and the alien was not sentenced to more than 6

24 months, regardless of the extent to which the sentence was finally

25 executed.

26 (2) an alien who has been convicted of, admits having committed, or

27 admits having committed acts that are the essential elements of, a vio28 lation of, or an attempt or conspiracy to violate, a law or regulation

29 of a State, the United States, or a foreign country related to a con30 trolled substance (as defined in section 102 of the Controlled Sub31 stances Act (21 U.S.C. 802)).

32 (3) an alien who a consular officer or an immigration officer knows

33 or reasonably believes is or has been—

34 (A) unlawfully trafficking in a controlled substance (as defined

35 in section 102 of the Controlled Substances Act (21 U.S.C. 802));

36 or

37 (B) knowingly assisting, abetting, conspiring, or colluding with

38 others in unlawfully trafficking in such a controlled substance.

39 (4) an alien who has been convicted of at least 2 offenses (except

40 purely political offenses) for which the total sentences to confinement

41 actually imposed were at least 5 years, regardless of whether—
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1 (A) the convictions were in a single trial;

2 (B) the offenses arose from a single scheme of misconduct; or

3 (C) the offenses involved moral turpitude.

4 (5) an alien who—

5 (A) is coming to the United States only, principally, or inciden6 tally to engage in prostitution, or has engaged in prostitution

7 within 10 years of the date of applying for a visa, admission, or

8 adjustment of status;

9 (B)(i) procures or attempts to procure individuals for prostitu10 tion;

11 (ii) within that 10-year period, procured or attempted to pro12 cure or to import individuals for prostitution; or

13 (iii) receives or, within that 10-year period, received any part of

14 the proceeds of prostitution; or

15 (C) is coming to the United States to engage in any other un16 lawful commercialized vice, whether or not related to prostitution.

17 (6) an alien who is coming to the United States to practice polyg18 amy.

19 (7) an alien—

20 (A) who has committed in the United States at any time—

21 (i) a felony;

22 (ii) a crime of violence (as defined in section 16 of title 18);

23 or

24 (iii) an offense of reckless driving or driving when intoxi25 cated or under the influence of alcohol or a prohibited sub26 stance if the offense involved personal injury to another;

27 (B) for whom immunity from criminal jurisdiction was exercised

28 for that offense;

29 (C) who as a consequence of the offense and exercise of immu30 nity has left the United States; and

31 (D) who subsequently has not submitted completely to the juris32 diction of the court in the United States having jurisdiction of

33 that offense.

34 (b) WAIVERS.—The Attorney General may waive subsection (a)(1), (4),

35 (5), or (7) of this section, or subsection (a)(2) of this section for a single

36 offense of simple possession of not more than 30 grams of marijuana, for

37 an immigrant if—

38 (1)(A) the Attorney General is satisfied that—

39 (i) the immigrant is excludable only under subsection (a)(5) (A)

40 or (B) of this section or the activities for which the immigrant is

41 excludable occurred more than 15 years before the date of the im-
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1 migrant’s application for a visa, admission, or adjustment of sta2 tus;

3 (ii) the immigrant’s admission would not be contrary to the wel4 fare, safety, or security of the United States; and

5 (iii) the immigrant has been rehabilitated; or

6 (B) the immigrant is the spouse, parent, son, or daughter of a citi7 zen of the United States or of an alien lawfully admitted for permanent

8 residence and the Attorney General is satisfied that the immigrant’s ex9 clusion would result in extreme hardship to the citizen or to the alien

10 lawfully admitted for permanent residence;

11 (2) the Attorney General consents (subject to conditions and proce12 dures the Attorney General may prescribe by regulation) to the immi13 grant’s applying or reapplying for a visa, admission, or adjustment of

14 status; and

15 (3) the immigrant has not been convicted of, or admitted committing

16 acts that constitute, murder or a criminal act involving torture or an

17 attempt or conspiracy to commit murder or a criminal act involving

18 torture.

19 § 6308. National security

20 (a) GENERAL.—An alien is ineligible for a visa and shall be excluded

21 from admission to the United States if a consular officer or the Attorney

22 General knows or reasonably believes that the alien seeks to enter the

23 United States to engage only, principally, or incidentally in—

24 (1) an activity to violate a law of the United States related to espio25 nage or sabotage;

26 (2) an activity to violate or evade a law prohibiting the export from

27 the United States of goods, technology, or sensitive information;

28 (3) an activity a purpose of which is to oppose, control, or overthrow

29 the United States Government by force, violence, or other unlawful

30 means; or

31 (4) any other unlawful activity.

32 (b) TERRORIST ACTIVITIES.—(1) In this subsection—

33 (A) ‘‘terrorist activity’’ means an activity that is unlawful under the

34 laws of the place where the activity is committed or that, if committed

35 in the United States, would be unlawful under the laws of the United

36 States or any State, and that involves—

37 (i) highjacking or sabotaging a vessel, aircraft, vehicle, or other

38 conveyance;

39 (ii) seizing or detaining, and threatening to kill, injure, or con40 tinue to detain, another individual to compel a third person (in41 cluding a governmental entity) to do or abstain from doing an act
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1 as an explicit or implicit condition for the release of the individual

2 seized or detained;

3 (iii) a violent attack on an internationally protected person (as

4 defined in section 1116(b)(4) of title 18) or on the liberty of such

5 a person;

6 (iv) an assassination;

7 (v) the use, with intent to endanger the safety of an individual

8 or to cause substantial damage to property, of a biological agent,

9 chemical agent, nuclear weapon or device, or, except only for per10 sonal monetary gain, an explosive or firearm; or

11 (vi) a threat, attempt, or conspiracy to do an activity described

12 in subclauses (i)–(v) of this clause.

13 (B) ‘‘engage in terrorist activity’’ means to commit, in an individual ca14 pacity or as a member of an organization, a terrorist activity or an act that

15 the actor knows or reasonably should know gives material support to an in16 dividual, organization, or government in conducting a terrorist activity at

17 any time, including—

18 (i) preparing or planning a terrorist activity;

19 (ii) gathering information on potential targets for terrorist activity;

20 (iii) providing any type of material support, including a safe house,

21 transportation, communication, money, false identification, weapon, ex22 plosive, or training, to an individual the actor knows or reasonably

23 should know has committed or plans to commit a terrorist activity;

24 (iv) soliciting money or another thing of value for a terrorist activity

25 or a terrorist organization; or

26 (v) soliciting an individual for membership in a terrorist organization

27 or terrorist government or to engage in a terrorist activity.

28 (C) an alien who is an officer, official, representative, or spokesperson of

29 the Palestine Liberation Organization is deemed under subparagraph (B) of

30 this paragraph to be engaged in a terrorist activity.

31 (2) An alien is ineligible for a visa and shall be excluded from admission

32 to the United States if—

33 (A) the alien has engaged in a terrorist activity; or

34 (B) a consular officer or the Attorney General knows or reasonably

35 believes that the alien is likely to engage in a terrorist activity after

36 entry.

37 (c) FOREIGN POLICY.—(1) An alien is ineligible for a visa and shall be

38 excluded from admission to the United States if the Secretary of State rea39 sonably believes that the alien’s entry or proposed activities in the United

40 States would have potentially serious adverse foreign policy consequences for

41 the United States.
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1 (2) An alien who is an official of a government of a foreign country or

2 a purported government, or who is a candidate for election to a government

3 office of a foreign country during the period immediately before the election

4 for that office, may not be excluded or subject to restrictions or conditions

5 on entry under paragraph (1) of this subsection only because of the alien’s

6 past, current, or expected beliefs, statements, or associations, if the beliefs,

7 statements, or associations would be lawful in the United States.

8 (3) An alien not described in paragraph (2) of this subsection may not

9 be excluded or subject to restrictions or conditions on entry under para10 graph (1) of this subsection because of the alien’s past, current, or expected

11 beliefs, statements, or associations, if the beliefs, statements, or associations

12 would be lawful in the United States, unless the Secretary of State person13 ally decides that the alien’s admission would compromise a compelling for14 eign policy interest of the United States.

15 (4) If the Secretary decides under paragraph (3) of this subsection that

16 an alien’s admission would compromise a compelling foreign policy interest

17 of the United States, the Secretary shall give timely notice of the alien’s

18 identity and the reasons for the decision to the chairmen of the Committees

19 on the Judiciary and Foreign Affairs of the House of Representatives and

20 the Committees on the Judiciary and Foreign Relations of the Senate.

21 (d) MEMBERSHIP IN TOTALITARIAN PARTY.—(1) An immigrant is ineli22 gible for a visa and shall be excluded from admission to the United States

23 if the immigrant is or has been a member of or affiliated with the Com24 munist or any other domestic or foreign totalitarian party, including a sub25 division or affiliate of that party.

26 (2) Paragraph (1) of this subsection does not apply to an immigrant be27 cause of membership or affiliation if the immigrant satisfies the consular

28 officer when applying for a visa, or the Attorney General when applying for

29 admission, that the membership or affiliation is or was—

30 (A) involuntary;

31 (B) only before the alien’s 16th birthday;

32 (C) only by operation of law; or

33 (D) only to obtain employment, food rations, or other essentials of

34 living and the membership or affiliation is or was necessary to obtain

35 the employment, rations, or essentials.

36 (3) Paragraph (1) of this subsection does not apply to an immigrant be37 cause of membership or affiliation if the immigrant satisfies the consular

38 officer when applying for a visa, or the Attorney General when applying for

39 admission, that—

40 (A) the membership or affiliation ended at least—

41 (i) 2 years before the date of applying; or
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1 (ii) 5 years before the date of applying, if the membership or

2 affiliation was with the party controlling the government of a for3 eign country that is a totalitarian dictatorship as of that date; and

4 (B) the immigrant is not a threat to the security of the United

5 States.

6 (4) The Attorney General may waive paragraph (1) of this subsection for

7 an immigrant for humanitarian purposes, to ensure family unity, or when

8 it is otherwise in the public interest, if the immigrant—

9 (A) is the parent, spouse, son, daughter, brother, or sister of a citi10 zen of the United States or the spouse, son, or daughter of an alien

11 lawfully admitted for permanent residence; and

12 (B) is not a threat to the security of the United States.

13 § 6309. Participation in Nazi persecution or genocide

14 An alien is ineligible for a visa and shall be excluded from admission to

15 the United States if the alien—

16 (1) at any time during the period from March 23, 1933, through

17 May 8, 1945, ordered, incited, assisted, or otherwise participated in the

18 persecution of an individual on account of race, religion, national ori19 gin, or political opinion, under the direction of, or in association with—

20 (A) the Nazi government of Germany;

21 (B) any government in an area occupied by the military forces

22 of the Nazi government of Germany;

23 (C) any government established with the assistance or coopera24 tion of the Nazi government of Germany; or

25 (D) any government that was an ally of the Nazi government

26 of Germany; or

27 (2) engaged in conduct that is defined as genocide under the Inter28 national Convention on the Prevention and Punishment of Genocide.

29 § 6310. Prior deportation or removal

30 (a) PRIOR EXCLUSION AND DEPORTATION.—An alien is ineligible for a

31 visa and shall be excluded from admission to the United States if the alien

32 has been excluded and deported and is seeking admission within one year

33 after the date of deportation.

34 (b) OTHER PRIOR DEPORTATION OR REMOVAL.—Each of the following

35 aliens is ineligible for a visa and shall be excluded from admission to the

36 United States if the alien is seeking admission within 5 years (or, if con37 victed of an aggravated felony, within 20 years) after the date of the depor38 tation or removal:

39 (1) an alien who has been arrested and deported.

40 (2) an alien who has fallen into distress and been removed under this

41 title or a prior law.
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1 (3) an alien who has been removed as an alien enemy.

2 (4) an alien who has been removed at the expense of the United

3 States Government under section 6540(e)(1) of this title instead of

4 being deported.

5 (c) NONAPPLICATION.—Subsections (a) and (b) of this section do not

6 apply to an alien if the Attorney General consents, before the alien begins

7 to travel to the United States from a place outside the United States or

8 attempts to be admitted from foreign contiguous territory, to the alien’s ap9 plying or reapplying for admission.

10 § 6311. Ineligibility for citizenship and evasion of military

11 service

12 (a) INELIGIBILITY FOR CITIZENSHIP.—An immigrant is ineligible for a

13 visa and shall be excluded from admission to the United States if the immi14 grant is permanently ineligible for citizenship.

15 (b) EVASION OF MILITARY SERVICE.—An alien is ineligible for a visa and

16 shall be excluded from admission to the United States if the alien left or

17 remained outside the United States to avoid or evade training or service in

18 the armed forces of the United States during war or a period declared by

19 the President to be a national emergency, unless the alien was a non20 immigrant at the time of leaving the United States and is seeking to reenter

21 the United States as a nonimmigrant.

22 § 6312. International child abduction

23 (a) GENERAL.—If, after a court in the United States has granted to an

24 individual the custody of a child who is a citizen of the United States, an

25 alien detains or withholds custody of the child outside the United States

26 from the individual granted custody by the court, the alien is ineligible for

27 a visa and shall be excluded from admission to the United States until the

28 child is surrendered to the individual granted custody by the court.

29 (b) NONAPPLICATION.—Subsection (a) of this section does not apply as

30 long as the child is located in a foreign country whose government is a party

31 to the Hague Convention on the Civil Aspects of International Child Abduc32 tion.

33 § 6313. Noncompliance with documentation requirements

34 (a) GENERAL DOCUMENTATION REQUIREMENTS.—An alien is ineligible

35 for a visa and shall be excluded from admission to the United States if the

36 alien is seeking admission as—

37 (1) a nonimmigrant and does not satisfy the documentation require38 ments of section 2121 of this title; or

39 (2) an immigrant and does not satisfy the documentation require40 ments of section 4311 of this title.
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1 (b) REQUIREMENTS OF GRADUATES OF NON-ACCREDITED MEDICAL

2 SCHOOLS.—An alien is ineligible for a visa and shall be excluded from ad3 mission to the United States if the alien—

4 (1) is seeking admission as an immigrant principally to perform serv5 ices as a member of the medical profession;

6 (2) is a graduate of a medical school not accredited by an entity ap7 proved by the Secretary of Education; and

8 (3) has not satisfied the requirements of section 4104(g)(1) of this

9 title.

10 (c) LABOR CERTIFICATIONS.—An alien is ineligible for a visa and shall

11 be excluded from admission to the United States if the alien is seeking ad12 mission as an immigrant to perform skilled or unskilled labor and the Sec13 retary of Labor has not made the certification required by section

14 4104(g)(2) of this title.

15 § 6314. Application of exclusions to aliens leaving Guam,

16 Puerto Rico, or the Virgin Islands

17 An alien who leaves Guam, Puerto Rico, or the Virgin Islands and tries

18 to enter the continental United States or another place under the jurisdic19 tion of the United States is subject to this subchapter (except section

20 6313(a)). Such an alien who is excluded from admission to the United

21 States shall be deported immediately in the way provided in section 6335

22 of this title.

23 SUBCHAPTER II—PROCEDURE

24 § 6331. Exclusion proceedings

25 (a) PROCEEDING REQUIREMENTS.—(1) When an arriving alien is de26 tained under section 6103(d) of this title for further inquiry about the

27 alien’s admissibility, an immigration judge shall conduct a proceeding under

28 this section to decide whether the alien is to be admitted or excluded and

29 deported.

30 (2) Sections 303(a) and (b) and 6103(e) of this title apply to a proceed31 ing under this section.

32 (3) The Attorney General may prescribe regulations for conducting pro33 ceedings under this section.

34 (4) The procedure provided in this section and by regulations prescribed

35 under this section is the only procedure for deciding on the admissibility of

36 an alien under this section.

37 (b) CLOSED PROCEEDINGS.—A proceeding under this section shall be

38 closed to the public. However, the alien is entitled—

39 (1) to have one friend or relative present under conditions prescribed

40 by the Attorney General; and
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1 (2) to be represented by counsel as provided in section 6333 of this

2 title.

3 (c) PRESENTATION OF EVIDENCE.—The immigration judge shall admin4 ister oaths, present and receive evidence, and interrogate, examine, and

5 cross-examine the alien and witnesses.

6 (d) BURDEN OF PROOF.—An individual seeking to enter the United

7 States has the burden of proving that the individual is not subject to exclu8 sion.

9 (e) RECORD OF PROCEEDING.—A complete record of the proceeding, in10 cluding the testimony and evidence produced at the proceeding, shall be

11 kept.

12 (f) DECISIONS.—(1) The decision of an immigration judge in a proceed13 ing under this section shall be based only on the evidence produced at the

14 proceeding. If a medical officer, private physician, or board of medical offi15 cers has certified under section 6104 of this title that the alien has a condi16 tion described in section 6302(a) of this title, the decision of the immigra17 tion judge shall be based only on the certification.

18 (2) A decision of an immigration judge on whether to exclude an alien

19 is final unless reversed on appeal to the Attorney General under section

20 6332 of this title. An alien who has a right to appeal under section 6332

21 shall be informed of that right.

22 § 6332. Administrative appeals

23 (a) APPEALS BY ALIENS.—An alien may appeal to the Attorney General

24 an order of an immigration judge excluding the alien, except when the alien

25 is—

26 (1) a stowaway;

27 (2) excluded temporarily under section 6103(e) of this title; or

28 (3) excluded based on a certification under section 6104 of this title.

29 (b) APPEALS BY IMMIGRATION OFFICERS.—The immigration officer in

30 charge of the port at which a proceeding under section 6331 of this title

31 is conducted may appeal to the Attorney General an order of an immigra32 tion judge admitting an alien.

33 (c) TIME FOR APPEAL AND STAY OF ACTIONS.—An appeal under this

34 section must be timely. The appeal stays final action in the proceeding until

35 the Attorney General makes a final decision.

36 (d) DECISIONS.—Except as provided in section 6103(e) of this title, the

37 Attorney General shall decide the appeal based only on the evidence in the

38 proceeding before the immigration judge.

39 § 6333. Right to counsel

40 In an exclusion proceeding before an immigration judge and in an appeal

41 before the Attorney General from an exclusion proceeding, an alien is enti-
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1 tled to be represented, at no cost to the United States Government, by the

2 alien’s choice of counsel authorized to practice in the proceeding or appeal.

3 § 6334. Judicial review

4 (a) JUDICIAL REVIEW.—An alien may obtain judicial review of a final

5 order of exclusion only by a habeas corpus proceeding and only if—

6 (1) the alien has exhausted all administrative remedies available to

7 the alien as of right under the immigration laws and regulations;

8 (2) the alien has remained in the United States after the order was

9 issued; and

10 (3) the validity of the order has not been decided in a prior judicial

11 proceeding, unless the reviewing court finds that the petition for habeas

12 corpus presents grounds that could not have been presented in the

13 prior proceeding or that the remedy provided by the prior proceeding

14 was inadequate or ineffective to test the validity of the order.

15 (b) CONTENTS OF PETITIONS.—A petition for habeas corpus shall state

16 whether the validity of the order of exclusion has been upheld in a prior

17 judicial proceeding, and, if so, shall state the name of the court, the date

18 of the court’s ruling, and the nature of the proceeding.

19 § 6335. Deportation of excluded aliens

20 (a) IMMEDIATE DEPORTATION.—Except as provided in subsection (d) of

21 this section, an alien (except an alien crewmember) arriving in the United

22 States who is excluded under this title shall be immediately deported.

23 (b) PLACE OF DEPORTATION.—(1) Except as provided in paragraphs (2)

24 and (3) of this subsection, deportation under this section shall be to the

25 country in which the alien boarded the vessel or aircraft on which the alien

26 arrived in the United States.

27 (2) If the alien boarded the vessel or aircraft on which the alien arrived

28 in the United States in a foreign territory contiguous to the United States,

29 an island adjacent to the United States, or an island adjacent to a foreign

30 territory contiguous to the United States, and the alien is not a native, citi31 zen, subject, or national of, or does not reside in, the territory or island,

32 deportation shall be to the country in which the alien boarded the vessel

33 or aircraft that transported the alien to the territory or island.

34 (3) If the government of the country designated in paragraph (1) or (2)

35 of this subsection is unwilling to accept the alien into that country’s terri36 tory, deportation shall be to any of the following countries, as directed by

37 the Attorney General:

38 (A) the country of which the alien is a citizen, subject, or national.

39 (B) the country in which the alien was born.

40 (C) the country in which the alien has a residence.
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1 (D) a country with a government that will accept the alien into the

2 country’s territory if deportation to a country described in clauses (A)–

3 (C) of this paragraph is impracticable, inadvisable, or impossible.

4 (c) DEPORTATION VESSELS, AIRCRAFT, AND ACCOMMODATIONS.—(1)

5 Deportation under this section shall be on a vessel or aircraft owned by the

6 owner of the vessel or aircraft on which the alien arrived in the United

7 States, unless it is impracticable to deport the alien on one of those vessels

8 or aircraft within a reasonable time.

9 (2) The alien shall be deported in accommodations of the same class in

10 which the alien arrived.

11 (d) STAY OF DEPORTATION.—(1) The Attorney General may stay the de12 portation of an alien under this section if the Attorney General decides

13 that—

14 (A) immediate deportation is not practicable or proper; or

15 (B) the alien is needed to testify for the United States Government

16 in the prosecution of a person for a violation of a law of the United

17 States.

18 (2) During the period an alien is detained because of a stay of deporta19 tion under paragraph (1)(B) of this subsection, the Attorney General may

20 pay from the appropriation ‘‘Immigration and Naturalization Service—Sala21 ries and Expenses’’—

22 (A) the cost of maintenance of the alien; and

23 (B) a witness fee of $1 a day.

24 (3) The Attorney General may release an alien, whose deportation is

25 stayed under paragraph (1)(B) of this subsection, on—

26 (A) the alien’s filing a bond of at least $500 with security approved

27 by the Attorney General;

28 (B) condition that the alien appear when required as a witness and

29 for deportation; and

30 (C) other conditions the Attorney General may prescribe.

31 § 6336. Costs of deporting excluded aliens

32 When an alien is ordered excluded and deported, the owner of the vessel

33 or aircraft on which the alien arrived in the United States shall pay the

34 transportation cost of deporting the alien. If deportation is on a vessel or

35 aircraft not owned by the owner of the vessel or aircraft on which the alien

36 arrived in the United States, the Attorney General may—

37 (1) pay the cost from the appropriation ‘‘Immigration and Natu38 ralization Service—Salaries and Expenses’’; and

39 (2) recover the amount of the cost in a civil action from the owner,

40 agent, or consignee of the vessel or aircraft on which the alien arrived

41 in the United States.
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1 CHAPTER 65—DEPORTATION OF ALIENS IN THE UNITED

2 STATES

SUBCHAPTER I—GROUNDS

Sec.

6501. Excludable at time of entry or adjustment of status or in the United States illegally.

6502. Marriage fraud and failure to marry timely.

6503. Public charges.

6504. Failure to maintain status or satisfy entry conditions.

6505. Encouraging others to enter illegally.

6506. Criminal offenses.

6507. Failure to register and falsification of documents.

6508. National security.

6509. Participation in Nazi persecution or genocide.

6510. Nonapplication of certain grounds to special immigrants dependent on juvenile court.

SUBCHAPTER II—PROCEDURE

6531. Arrest and detention pending decision on deportation.

6532. Deportation proceedings.

6533. Expeditious proceedings for convicted aliens.

6534. Judicial deportation of convicted aliens.

6535. Right to counsel.

6536. Judicial review.

6537. Detention, release, and deportation of aliens ordered deported.

6538. Countries to which aliens may be deported.

6539. Suspension of deportation.

6540. Voluntary departure and removal.

6541. Ineligibility for discretionary relief for failure to appear.

6542. Duties of private parties and costs of deportation.

3 SUBCHAPTER I—GROUNDS

4 § 6501. Excludable at time of entry or adjustment of status

5 or in the United States illegally

6 (a) GENERAL.—An alien shall be deported if the alien—

7 (1) was excludable at the time of entry or adjustment of status

8 under a law in effect at that time;

9 (2) entered the United States—

10 (A) without inspection; or

11 (B) at a time or place not designated by an immigration officer;

12 or

13 (3) is in the United States in violation of a law of the United States.

14 (b) WAIVERS FOR CERTAIN MISREPRESENTATIONS.—(1) The Attorney

15 General may waive subsection (a)(1) of this section for an alien (except an

16 alien deportable under section 6509 of this title) who was excludable under

17 section 6301(a)(1) of this title at the time of entry if the alien—

18 (A) is the spouse, parent, son, or daughter of a citizen of the United

19 States or of an alien lawfully admitted for permanent residence;

20 (B) had an immigrant visa or equivalent documentation at the time

21 of entry; and

22 (C) was otherwise admissible at the time of entry, except under sec23 tion 4311(a)(1) or 6313(a)(2) or (c) of this title as a direct result of

24 the fraud or misrepresentation.
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1 (2) A waiver of deportation under paragraph (1) of this subsection for

2 fraud or misrepresentation is also a waiver of deportation based on other

3 grounds of inadmissibility at the time of entry directly resulting from the

4 fraud or misrepresentation.

5 § 6502. Marriage fraud and failure to marry timely

6 (a) MARRIAGE FRAUD.—(1) An alien shall be deported if—

7 (A) the alien obtained entry into the United States with an immi8 grant visa or other documentation obtained because of a marriage that

9 was entered into less than 2 years before the alien’s entry and that was

10 judicially annulled or terminated within 2 years after the alien’s entry;

11 or

12 (B) the Attorney General is satisfied that the alien failed or refused

13 to fulfill the alien’s marital agreement that, in the opinion of the Attor14 ney General, was made to obtain entry into the United States as an

15 immigrant.

16 (2) Paragraph (1)(A) of this subsection does not apply to an alien who

17 satisfies the Attorney General that the marriage was not made to evade the

18 immigration laws.

19 (b) FAILURE TO MARRY WITHIN 90 DAYS.—An alien who enters the

20 United States as a nonimmigrant classified under section 2309(a) of this

21 title, and a minor child of the alien accompanying or following to join the

22 alien, shall depart from the United States if, within 90 days after entry,

23 the alien does not marry the citizen who filed the petition for the alien

24 under section 2309(b) of this title. If they do not depart, they shall be de25 ported.

26 § 6503. Public charges

27 An alien shall be deported if the alien, within 5 years after entry, has

28 become a public charge from causes not affirmatively shown to have arisen

29 since entry.

30 § 6504. Failure to maintain status or satisfy entry conditions

31 (a) NONIMMIGRANT STATUS NOT MAINTAINED.—(1) Subject to para32 graph (2) of this subsection, an alien admitted to the United States as a

33 nonimmigrant shall be deported if the alien does not—

34 (A) maintain the nonimmigrant status under which the alien was ad35 mitted or which the alien acquired under section 9109 of this title; or

36 (B) comply with a condition of the nonimmigrant status.

37 (2) An alien admitted as a nonimmigrant classified under section 2301(1)

38 or 2302(1) of this title and not maintaining the nonimmigrant status under

39 which the alien was admitted may be deported only if—

40 (A) the Secretary of State approves; or

41 (B) the alien is deportable under section 6508 or 6509 of this title.
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1 (b) NONCOMPLIANCE WITH HEALTH WAIVER CONDITIONS.—An alien

2 admitted to the United States as a result of a waiver under section 6302(b)

3 of this title shall be deported if the Secretary of Health and Human Serv4 ices certifies that the alien has not complied with a condition of the waiver.

5 (c) SPECIAL AGRICULTURAL WORKERS.—An alien lawfully admitted for

6 temporary residence under section 210A of the Immigration and Nationality

7 Act (ch. 477, 66 Stat. 163) shall be deported if the alien does not meet

8 the requirement of section 210A(d)(5)(A) of that Act by the end of the ap9 plicable period.

10 (d) TERMINATION OF CONDITIONAL PERMANENT RESIDENT STATUS.—

11 An alien lawfully admitted for permanent residence on a conditional basis

12 under chapter 45 of this title shall be deported if the status is terminated.

13 However, this subsection does not apply if a waiver is granted under section

14 4506(b) of this title.

15 § 6505. Encouraging others to enter illegally

16 (a) GENERAL.—An alien shall be deported if the alien, before or within

17 5 years after entry, knowingly has encouraged, induced, or assisted another

18 alien to enter or attempt to enter the United States in violation of law.

19 (b) NONAPPLICATION.—Subsection (a) of this section does not apply to

20 an alien who—

21 (1) is an eligible immigrant (as defined in section 301(b) of the Im22 migration Act of 1990 (Public Law 101–649, 104 Stat. 5029));

23 (2) was physically present in the United States on May 5, 1988;

24 (3) is seeking—

25 (A) admission as an immediate relative;

26 (B) admission under section 4103(c) of this title (including

27 under section 112 of the Immigration Act of 1990 (Public Law

28 101–649, 104 Stat. 4987)); or

29 (C) benefits under section 301(a) of that Act (104 Stat. 5029);

30 and

31 (4) before May 5, 1988, encouraged, induced, or assisted only the

32 alien’s spouse, parent, son, or daughter (and no other individual) to

33 enter the United States in violation of law.

34 (c) WAIVERS.—The Attorney General may waive subsection (a) of this

35 section for humanitarian purposes, to ensure family unity, or when it is oth36 erwise in the public interest, for an alien who—

37 (1) is lawfully admitted for permanent residence; and

38 (2) has encouraged, induced, or assisted only the alien’s spouse, par39 ent, son, or daughter (and no other individual) to enter the United

40 States in violation of law.
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1 § 6506. Criminal offenses

2 (a) MORAL TURPITUDE AND AGGRAVATED FELONIES.—(1) An alien shall

3 be deported if the alien is—

4 (A)(i) convicted of an offense involving moral turpitude committed

5 within 5 years after entry or, if the alien is granted the status of an

6 alien lawfully admitted for permanent residence under section 9101(e)

7 of this title, within 10 years after entry; and

8 (ii) sentenced to confinement or confined for the offense in a prison

9 or correctional institution for at least one year;

10 (B) convicted, after entry, of at least 2 offenses involving moral tur11 pitude not arising out of a single scheme of misconduct, regardless of

12 whether the convictions were in a single trial or the alien was confined

13 for the offenses; or

14 (C) convicted, after entry, of an aggravated felony.

15 (2) Paragraph (1) of this subsection does not apply to a conviction of an

16 alien if the President or the chief executive officer of a State has granted

17 the alien a full and unconditional pardon.

18 (b) CONTROLLED SUBSTANCES.—An alien shall be deported if the alien—

19 (1) is convicted, after entry, of violating, or conspiring or attempting

20 to violate, a law or regulation of a State, the United States, or a for21 eign country related to a controlled substance (as defined in section

22 102 of the Controlled Substances Act (21 U.S.C. 802)), except a single

23 offense of possession for one’s own use of not more than 30 grams of

24 marijuana; or

25 (2) is, or at any time after entry has been, a drug abuser or addict.

26 (c) FIREARMS.—An alien shall be deported if the alien, after entry, is

27 convicted under any law of purchasing, selling, offering for sale, exchanging,

28 using, owning, possessing, or carrying, or attempting or conspiring to pur29 chase, sell, offer for sale, exchange, use, own, possess, or carry, in violation

30 of law any weapon, part, or accessory that is a firearm or destructive device

31 (as defined in section 921(a) of title 18).

32 (d) MISCELLANEOUS.—An alien shall be deported if the alien has been

33 convicted at any time (and the judgment on the conviction has become final)

34 of violating or conspiring or attempting to violate—

35 (1) section 511 or 10151(a) of this title;

36 (2) chapter 37, 105, or 115 of title 18 if a term of imprisonment

37 of at least 5 years may be imposed;

38 (3) section 871 or 960 of title 18;

39 (4) the Trading with the Enemy Act (50 App. U.S.C. 1 et seq.); or

40 (5) the Military Selective Service Act (50 App. U.S.C. 451 et seq.);
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1 § 6507. Failure to register and falsification of documents

2 (a) ADDRESS NOTIFICATION.—An alien shall be deported if the alien has

3 not complied with section 8104 of this title, unless the Attorney General is

4 satisfied that the noncompliance was reasonably excusable or not willful.

5 (b) FAILURE TO REGISTER AND FALSIFICATION OF DOCUMENTS.—An

6 alien shall be deported if the alien has been convicted at any time of—

7 (1) violating section 10145 of this title;

8 (2) violating section 36(c) of the Alien Registration Act, 1940;

9 (3) violating, or attempting or conspiring to violate, the Foreign

10 Agents Registration Act of 1938, as amended (22 U.S.C. 611 et seq.);

11 (4) violating the Act of August 1, 1956 (50 U.S.C. 851 et seq.) or

12 a regulation under that Act; or

13 (5) violating, or attempting or conspiring to violate, section 1546 of

14 title 18.

15 (c) DOCUMENT FRAUD.—An alien shall be deported if the alien is the

16 subject of a final order for violating section 10125(b) of this title.

17 § 6508. National security

18 (a) GENERAL.—An alien shall be deported if the alien has engaged or en19 gages in—

20 (1) an activity to violate—

21 (A) a law of the United States related to espionage or sabotage;

22 or

23 (B) a law prohibiting the export from the United States of

24 goods, technology, or sensitive information;

25 (2) any other criminal activity that endangers public safety or the

26 security of the United States; or

27 (3) an activity a purpose of which is to oppose, control, or overthrow

28 the United States Government by force, violence, or other unlawful

29 means.

30 (b) TERRORIST ACTIVITIES.—An alien shall be deported if the alien has

31 engaged or engages in a terrorist activity as defined in section 6308(b) of

32 this title.

33 (c) FOREIGN POLICY.—(1) An alien shall be deported if the Secretary of

34 State has reason to believe that the alien’s presence or activities in the

35 United States would have potentially serious adverse foreign policy con36 sequences for the United States.

37 (2) The exceptions described in section 6308(c)(2) and (3) of this title

38 apply to deportability under this subsection in the same way that they apply

39 to excludability under section 6308(c)(1).

40 § 6509. Participation in Nazi persecution or genocide

41 An alien described in section 6309 of this title shall be deported.
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1 § 6510. Nonapplication of certain grounds to special immi2 grants dependent on juvenile court

3 The following sections do not apply to a special immigrant as defined in

4 section 134(a)(12) of this title, based on circumstances that existed before

5 the date the alien acquired the special immigrant status:

6 (1) sections 6501(a) and 6504(a), (b), and (d) of this title, except

7 to the extent related to a ground of exclusion described in sections

8 6307(a)(1)–(5) or (7), 6308, or 6309 of this title.

9 (2) section 6507(a) of this title.

10 SUBCHAPTER II—PROCEDURE

11 § 6531. Arrest and detention pending decision on deporta12 tion

13 (a) ARREST, DETENTION, AND RELEASE.—On a warrant issued by the

14 Attorney General, an alien may be arrested and detained pending a decision

15 on deportability. Except as provided in subsection (c) of this section, the

16 Attorney General, pending a decision on deportability, may—

17 (1) continue to detain the arrested alien; or

18 (2) release the alien on—

19 (A) a bond of at least $500 with security approved by, and con20 taining conditions prescribed by, the Attorney General; or

21 (B) conditional parole.

22 (b) REVOCATION OF BOND OR PAROLE.—The Attorney General may re23 voke at any time a bond or parole authorized under subsection (a) of this

24 section, rearrest the alien under the original warrant, and detain the alien

25 pending a decision on deportability.

26 (c) ALIENS CONVICTED OF AGGRAVATED FELONIES.—(1) The Attorney

27 General shall take into custody an alien convicted after November 17, 1988,

28 of an aggravated felony when the alien is released, whether the alien is re29 leased on parole, supervised release, or probation or may be arrested or im30 prisoned again for the same offense.

31 (2) To the maximum extent practicable, the Attorney General shall detain

32 at one facility aliens convicted after November 17, 1988, of aggravated felo33 nies and taken into custody under paragraph (1) of this subsection. In se34 lecting the facility, the Attorney General shall make a reasonable effort to

35 ensure that an alien’s right to counsel under section 6535 of this title is

36 not impaired.

37 (3) The Attorney General may release the alien only if the alien—

38 (A) was lawfully admitted to the United States; and

39 (B) satisfies the Attorney General that the alien is not a threat to

40 the community and is likely to appear for any scheduled proceeding.
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1 (d) HABEAS CORPUS.—In a habeas corpus proceeding, a court of com2 petent jurisdiction may review or revise a decision of the Attorney General

3 about an alien’s detention or release on bond or parole pending a decision

4 on deportability, if the alien shows conclusively that the Attorney General

5 is not proceeding with reasonable dispatch under the particular cir6 cumstances to decide whether the alien is deportable.

7 § 6532. Deportation proceedings

8 (a) DEFINITION.—In this section, ‘‘exceptional circumstances’’ means ex9 ceptional circumstances beyond the control of the alien, such as serious ill10 ness of the alien or death of an immediate relative but not including less

11 compelling circumstances.

12 (b) PROCEEDING REQUIREMENT.—An immigration judge shall conduct a

13 proceeding under this section to decide whether an alien is to be deported.

14 (c) ORDERS TO SHOW CAUSE AND PROCEEDING NOTICES.—(1) In a de15 portation proceeding under this section, an order to show cause shall be

16 served—

17 (A) by personal delivery on the alien; or

18 (B) if personal delivery is not practicable, by certified mail, return

19 receipt requested, to the alien or any counsel of record of the alien.

20 (2) The order shall include notice of—

21 (A) the nature of the proceeding against the alien;

22 (B) the legal authority under which the proceeding is conducted;

23 (C) each act or conduct alleged to be in violation of law;

24 (D) each charge against the alien and the law alleged to have been

25 violated;

26 (E) the alien’s right to be represented (at no expense to the United

27 States Government) by counsel authorized to practice in a deportation

28 proceeding and to be provided a list of counsel prepared under sub29 section (d)(2) of this section;

30 (F) the requirement that the alien immediately must provide the At31 torney General a written record of—

32 (i) an address and telephone number (if any) at which the alien

33 may be contacted about the proceeding unless the alien has al34 ready provided this information to the Attorney General; and

35 (ii) any change of address or telephone number; and

36 (G) the consequences under subsection (i)(2) of this section of failing

37 to provide the address and telephone information.

38 (3) In the order to show cause or in a separate written notice served in

39 the same way as specified by paragraph (1) of this subsection, the alien

40 shall be notified of—

41 (A) the time and place of the proceeding;
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1 (B) the consequences under subsection (i) of this section of failing

2 (except under exceptional circumstances) to attend the proceeding; and

3 (C) the right to be represented by counsel at the proceeding and to

4 be provided a period of time, as specified by subsection (d)(1) of this

5 section, to retain counsel and to be provided a current list of counsel

6 prepared under subsection (d)(2) of this section.

7 (4) If the time or place of the proceeding is changed, a new written notice

8 shall be served in the same way as specified by paragraph (1) of this sub9 section. The notice shall include the new time or place of the proceeding

10 and the matters specified by paragraph (3)(B) and (C) of this subsection.

11 (5) Notice under paragraphs (3) and (4) of this subsection is not required

12 for an alien not in detention if the alien has not provided an address as

13 required by paragraph (2)(F) of this subsection.

14 (6) Each order to show cause and written notice under this subsection

15 shall be in English and Spanish.

16 (7) The Attorney General shall maintain a system to record and preserve

17 on a timely basis notices of addresses and telephone numbers and changes

18 provided by aliens under paragraph (2)(F) of this subsection.

19 (d) DATE OF FIRST PROCEEDING AND ASSISTANCE OF COUNSEL.—(1)

20 To give an alien an opportunity to retain counsel, the first date that a pro21 ceeding under this section may be scheduled for the alien shall be at least

22 14 days after service of the order to show cause, unless the alien requests

23 in writing an earlier date.

24 (2) The Attorney General shall provide lists (updated at least quarterly)

25 of individuals who have indicated their availability to represent aliens with26 out charge in proceedings under this section. The lists shall be provided as

27 required by subsection (c)(2)(E) of this section and also shall be made gen28 erally available.

29 (e) ATTENDANCE OF ALIEN.—(1) An alien shall have a reasonable oppor30 tunity to attend the proceeding for the alien under this section. If it is im31 practicable for the alien to attend because of mental incompetence, the pro32 ceeding may be conducted without the alien. The Attorney General shall

33 prescribe safeguards for the rights and privileges of an alien who does not

34 attend because of mental incompetence.

35 (2) If an alien has been given a reasonable opportunity to attend, and

36 without reasonable cause does not attend or remain in attendance, the im37 migration judge may conduct the proceeding and decide on the alien’s de38 portation as if the alien had attended.

39 (f) CONDUCTING PROCEEDINGS.—(1) The immigration judge conducting

40 a proceeding shall administer oaths, present and receive evidence, and inter41 rogate, examine, and cross-examine the alien and witnesses. If the Attorney
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1 General believes it will aid in making a decision, the Attorney General may

2 require, specifically or by regulation, in a case or class of cases, that an ad3 ditional immigration officer be assigned to present the evidence for the Gov4 ernment. The additional immigration officer may present evidence and inter5 rogate, examine, and cross-examine the alien and witnesses. The assignment

6 of an additional immigration officer does not affect the authority of the im7 migration judge conducting the proceeding.

8 (2) The alien shall have a reasonable opportunity to examine the evidence

9 against the alien, present evidence, and cross-examine witnesses presented

10 by the Government.

11 (g) BURDEN OF PROOF.—The alien has the burden of proof of establish12 ing the alien’s time, place, and manner of entry into the United States. In

13 presenting the proof, the alien is entitled to the production of the alien’s

14 visa or other entry document and, unless considered confidential by the At15 torney General, any other relevant record in the custody of the Attorney

16 General. An alien who fails to sustain the burden of proof is presumed to

17 be in the United States in violation of law.

18 (h) DECISIONS AND ORDERS.—If authorized by the Attorney General, the

19 immigration judge shall make decisions on the deportability of aliens and

20 issue orders of deportation. A decision that an alien is deportable may be

21 made only on a record made in a proceeding before an immigration judge,

22 and is valid only if based on reasonable, substantial, and probative evidence.

23 If an alien is ordered deported under any law or treaty, the decision of the

24 Attorney General is final.

25 (i) DEPORTATION ORDERED IN ABSENTIA.—(1) An alien who does not

26 attend the alien’s proceeding under this section shall be ordered deported

27 in absentia, if the Attorney General establishes by clear, unequivocal, and

28 convincing evidence that—

29 (A) the notice required by subsection (c)(3) and (4) of this section

30 was provided; and

31 (B) the alien is deportable.

32 (2) The notice referred to in paragraph (1)(A) of this subsection is suffi33 cient if provided at the most recent address provided under subsection

34 (c)(2)(F) of this section. No notice is required if the alien has not provided

35 the address required by subsection (c)(2)(F).

36 (3)(A) A deportation order issued under this subsection may be rescinded

37 only on a motion to reopen—

38 (i) filed not later than 180 days after the date of the order if the

39 alien demonstrates that the failure to attend was because of exceptional

40 circumstances; or
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1 (ii) filed at any time if the alien demonstrates that the alien did not

2 receive the notice required by subsection (c)(3) and (4) of this section

3 or that the alien was in the custody of a State or the Government and

4 did not attend through no fault of the alien.

5 (B) A motion filed under this paragraph stays the deportation of the alien

6 pending disposition of the motion.

7 (4) Notwithstanding section 6536 of this title, a petition for review under

8 section 6536 of a deportation order issued in absentia under this sub9 section—

10 (A) must be filed not later than 60 days (or 30 days if the alien

11 has been convicted of an aggravated felony) after the date of the final

12 order of deportation; and

13 (B) except as provided in section 6536(b)(5) of this title, shall be

14 limited to the issues of—

15 (i) the validity of the notice provided to the alien;

16 (ii) the reasons for the alien’s failure to attend; and

17 (iii) whether clear, unequivocal, and convincing evidence of de18 portability has been established.

19 (j) FINGERPRINTS AND PHOTOGRAPHS.—The Attorney General shall pre20 scribe regulations providing for the fingerprinting and photographing of

21 each alien at least 14 years of age against whom a deportation proceeding

22 is begun. The fingerprints and photographs shall be made available, on re23 quest, to law enforcement agencies of the Government, States, and localities.

24 (k) ADDITIONAL REGULATIONS AND EXCLUSIVITY OF PROCEDURE.—(1)

25 A proceeding under this section shall be conducted under regulations the At26 torney General shall prescribe that are consistent with this section.

27 (2) The procedure provided in this section and by regulations prescribed

28 under this section is the only procedure for deciding on the deportability of

29 an alien under this section.

30 (l) REGULATIONS ON MOTIONS TO REOPEN AND TO RECONSIDER AND

31 ON ADMINISTRATIVE APPEALS.—Not later than May 29, 1991, the Attor32 ney General shall prescribe regulations on—

33 (1) the number of motions to reopen and to reconsider that may be

34 filed in a deportation proceeding and the time during which they may

35 be filed;

36 (2) the number of administrative appeals that may be filed in a de37 portation proceeding, the items to be included in notices of appeal, and

38 the time during which the appeals and the appellate and reply briefs

39 may be filed; and

40 (3) the consolidation of motions to reopen and to reconsider with the

41 appeal of the order of deportation.
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1 § 6533. Expeditious proceedings for convicted aliens

2 (a) GENERAL.—If an alien is convicted of an offense that makes the alien

3 deportable, the Attorney General shall begin a deportation proceeding

4 against the alien as expeditiously as possible after the date of the conviction.

5 (b) ALIENS CONVICTED OF AGGRAVATED FELONIES.—(1) The Attorney

6 General shall provide for the availability of special deportation proceedings

7 at certain correctional facilities of the United States Government, States,

8 and localities for aliens convicted after November 17, 1988, of aggravated

9 felonies. Each proceeding shall be conducted—

10 (A) under section 6532 of this title, except as otherwise provided in

11 this section;

12 (B) in a way that eliminates the need for additional detention at a

13 processing center of the Immigration and Naturalization Service; and

14 (C) in a way that ensures expeditious deportation, if warranted, after

15 the alien is released from imprisonment for the felony.

16 (2) The Attorney General shall provide for beginning and, to the extent

17 possible, completing a deportation proceeding against an alien convicted

18 after November 17, 1988, of an aggravated felony, and any administrative

19 appeals from that proceeding, before the alien is released from imprison20 ment for the felony. This section does not require the Attorney General to

21 deport an alien sentenced to imprisonment before the alien is released from

22 imprisonment.

23 (c) NON-PERMANENT RESIDENTS CONVICTED OF AGGRAVATED FELO24 NIES.—(1) The Attorney General may conduct a deportation proceeding and

25 issue an order of deportation under this subsection or section 6532 of this

26 title if an alien—

27 (A) is convicted after entry of an aggravated felony;

28 (B) is not lawfully admitted for permanent residence when the pro29 ceeding under this subsection is begun; and

30 (C) is not eligible for relief from deportation.

31 (2) The Attorney General shall prescribe regulations for the conduct of

32 a proceeding under this section. The regulations shall provide that—

33 (A) the alien is entitled to reasonable notice of the charges and of

34 the opportunity described in clause (C) of this paragraph;

35 (B) the alien is entitled to be represented by counsel as provided in

36 section 6535 of this title;

37 (C) the alien is entitled to a reasonable opportunity to inspect the

38 evidence and rebut the charges;

39 (D) a record shall be maintained for judicial review; and

40 (E) a final order of deportation may not be adjudicated by the same

41 individual who issues the charges.
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1 (3) To allow an alien an opportunity to apply for judicial review under

2 section 6536 of this title, the Attorney General may not execute an order

3 of deportation issued under this subsection until 30 days have passed from

4 the date the order was issued, unless waived by the alien.

5 (d) REVIEW AND EVALUATION.—The Attorney General and the Comp6 troller General shall review and evaluate deportation proceedings conducted

7 under this section.

8 § 6534. Judicial deportation of convicted aliens

9 (a) JURISDICTION.—A district court of the United States has jurisdiction

10 to enter a judicial order of deportation at the time of sentencing against

11 an alien whose criminal conviction makes the alien deportable under section

12 6506(a) of this title, if—

13 (1) the United States Attorney, with the concurrence of the Commis14 sioner of Immigration and Naturalization, requests the order; and

15 (2) the court chooses to exercise that jurisdiction.

16 (b) PROCEDURE.—(1) Before the beginning of trial or entry of a guilty

17 plea, the United States Attorney shall file with the court, and serve on the

18 defendant and the Commissioner, a notice of intent to request judicial de19 portation.

20 (2) At least 30 days before the date set for sentencing, the United States

21 Attorney, with the concurrence of the Commissioner, shall file a charge con22 taining factual allegations related to the defendant’s alienage and identify23 ing each offense that makes the defendant deportable under section 6506(a)

24 of this title.

25 (3) If the court finds that the defendant has presented substantial evi26 dence to establish prima facie eligibility for relief from deportation under

27 this title, the Commissioner shall provide the court with a recommendation

28 and report on the alien’s eligibility for relief. The court shall grant or deny

29 the relief sought.

30 (4) The alien shall have a reasonable opportunity to examine the evidence

31 against the alien, present evidence, and cross-examine witnesses presented

32 by the United States Government.

33 (5) In deciding whether to enter an order described in subsection (a) of

34 this section, the court may consider only evidence that would be admissible

35 in a proceeding under section 6532 of this title. This subsection does not

36 limit the information the court may receive or consider for purposes of im37 posing an appropriate sentence.

38 (6) The court may order the alien deported if the Attorney General dem39 onstrates that the alien is deportable on a ground referred to in subsection

40 (a) of this section.
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1 (c) NOTICE OF ORDER.—As soon as practicable after entry of a judicial

2 order of deportation, the Commissioner shall provide the defendant with

3 written notice of the order. The notice shall designate the defendant’s coun4 try of choice for deportation and any alternate country as provided in sec5 tion 6538 of this title.

6 (d) APPEAL.—The granting or denial on the merits of a judicial order

7 of deportation may be appealed to the court of appeals for the circuit in

8 which the district court is located. Except as provided in subsection (e) of

9 this section, consideration of the appeal shall be consistent with section

10 6536 of this title.

11 (e) EXECUTION OF ORDER.—(1) A judicial order of deportation becomes

12 final when—

13 (A) the defendant executes a waiver of the right to appeal the convic14 tion on which the order of deportation is based;

15 (B) the period provided in section 6536(b)(1) of this title expires;

16 or

17 (C) there is a final dismissal of an appeal from the conviction.

18 (2) The final order of deportation shall be executed, as provided in the

19 order, at the end of the term of imprisonment.

20 (3) An order entered under this section is void if the conviction on which

21 the order is based is reversed on direct appeal.

22 (f) FAILURE TO EXERCISE JURISDICTION.—Denial without a decision on

23 the merits of a request for a judicial order of deportation does not preclude

24 the Attorney General from initiating deportation proceedings under section

25 6532 of this title on the same or any other ground of deportability.

26 § 6535. Right to counsel

27 In a deportation proceeding before an immigration judge and in an appeal

28 before the Attorney General from a deportation proceeding, an alien is enti29 tled to be represented, at no cost to the United States Government, by the

30 alien’s choice of counsel authorized to practice in the proceeding or appeal.

31 § 6536. Judicial review

32 (a) APPLICABLE PROVISIONS.—Judicial review of a final order of depor33 tation is governed only by chapter 158 of title 28, except as provided in this

34 section.

35 (b) REQUIREMENTS.—(1) A petition for review must be filed—

36 (A) if the alien has been convicted after November 17, 1988, of an

37 aggravated felony, not later than 30 days after the date of the final

38 order of deportation; and

39 (B) for any other alien, not later than 90 days after the date of the

40 final order of deportation.
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1 (2) A petition for review shall be filed with the court of appeals of the

2 United States for the circuit in which the petitioner resides or for the circuit

3 in which any part of the proceeding before an immigration judge was held,

4 but not more than one circuit.

5 (3) The respondent is the Attorney General. The petition shall be served

6 on the Attorney General and on the officer or employee of the Immigration

7 and Naturalization Service in charge of the Service district in which the of8 fice of the clerk of the court is located. Service of the petition on the officer

9 or employee stays the deportation of the alien pending the court’s decision

10 on the petition, unless the court orders otherwise. However, if the alien has

11 been convicted of an aggravated felony, service of the petition does not stay

12 the deportation unless the court orders otherwise.

13 (4) Except as provided in paragraph (5)(B) of this subsection—

14 (A) the court of appeals shall decide the petition only on the admin15 istrative record on which the deportation order is based; and

16 (B) the administrative findings of fact are conclusive if supported by

17 reasonable, substantial, and probative evidence on the record considered

18 as a whole.

19 (5)(A) If the petitioner claims to be a national of the United States and

20 the court of appeals finds from the pleadings and affidavits that no genuine

21 issue of material fact about the petitioner’s nationality is presented, the

22 court shall decide the nationality claim.

23 (B) If the petitioner claims to be a national of the United States and the

24 court of appeals finds that a genuine issue of material fact about the peti25 tioner’s nationality is presented, the court shall transfer the proceeding to

26 the district court of the United States for the judicial district in which the

27 petitioner resides for a new hearing on the nationality claim and a decision

28 on that claim as if an action had been brought in the district court under

29 section 2201 of title 28.

30 (C) The petitioner may have the nationality claim decided only as pro31 vided in this section.

32 (6) When a petitioner seeks review of an order under this section, any

33 review sought of a motion to reopen or reconsider the order shall be consoli34 dated with the review of the order.

35 (7)(A) If the validity of a deportation order has not been judicially de36 cided, a defendant in a criminal proceeding charged with a violation under

37 section 6537(d), 10152, or 10153 of this title may challenge the validity of

38 the order in the criminal proceeding only by filing a separate motion before

39 trial. The district court, without a jury, shall decide the motion before trial.

40 (B) If the defendant claims in the motion to be a national of the United

41 States and the district court finds that no genuine issue of material fact
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1 about the defendant’s nationality is presented, the court shall decide the

2 motion only on the administrative record on which the deportation order is

3 based. The administrative findings of fact are conclusive if supported by

4 reasonable, substantial, and probative evidence on the record considered as

5 a whole.

6 (C) If the defendant claims in the motion to be a national of the United

7 States and the district court finds that a genuine issue of material fact

8 about the defendant’s nationality is presented, the court shall hold a new

9 hearing on the nationality claim and decide that claim as if an action had

10 been brought under section 2201 of title 28.

11 (D) If the district court rules that the deportation order is invalid, the

12 court shall dismiss the indictment. The United States Government may ap13 peal the dismissal to the court of appeals for the appropriate circuit within

14 30 days. The defendant may not file a petition for review under this section

15 during the criminal proceeding. The defendant may have the nationality

16 claim decided only as provided in this section.

17 (8) This subsection—

18 (A) does not prevent the Attorney General, after a final order of de19 portation has been issued, from detaining the alien under section

20 6537(b) of this title;

21 (B) does not relieve the alien from complying with a requirement im22 posed under section 6537(d), 10152, or 10153 of this title; and

23 (C) except as provided in paragraph (3) of this subsection, does not

24 require the Attorney General to defer deportation of the alien.

25 (9) The record and briefs do not have to be printed. The court of appeals

26 shall review the proceeding on a typewritten record and on typewritten

27 briefs.

28 (10) An alien held in custody under an order of deportation may obtain

29 judicial review of the order by a habeas corpus proceeding.

30 (c) REQUIREMENTS FOR PETITION.—A petition for review or for habeas

31 corpus of an order of deportation shall state whether a court has upheld

32 the validity of the order, and, if so, shall state the name of the court, the

33 date of the court’s ruling, and the kind of proceeding.

34 (d) REVIEW OF FINAL ORDERS.—A court may review a final order of de35 portation only if—

36 (1) the alien has exhausted all administrative remedies available to

37 the alien as of right;

38 (2) the alien has remained in the United States after the order was

39 issued; and

40 (3) another court has not decided the validity of the order, unless

41 the reviewing court finds that the petition presents grounds that could
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1 not have been presented in the prior judicial proceeding or that the

2 remedy provided by the prior proceeding was inadequate or ineffective

3 to test the validity of the order.

4 (e) LIMITED REVIEW FOR NON-PERMANENT RESIDENTS CONVICTED OF

5 AGGRAVATED FELONIES.—(1) A petition for review or for habeas corpus

6 filed by an alien against whom a final order of deportation has been issued

7 under section 6533(c) of this title may challenge only whether—

8 (A) the alien is the alien described in the order;

9 (B) the alien is an alien described in section 6533(c)(1); and

10 (C) the alien was given the procedures described in section

11 6533(c)(2).

12 (2) A court reviewing the petition has jurisdiction only to review the is13 sues described in paragraph (1).

14 § 6537. Detention, release, and deportation of aliens ordered

15 deported

16 (a) DEPORTATION PERIOD.—Except as otherwise provided in this section,

17 when an alien is ordered deported, the Attorney General has 6 months to

18 deport the alien from the United States. The 6-month period begins on the

19 latest of the following:

20 (1) the date the deportation order becomes administratively final.

21 (2) if the deportation order is judicially reviewed, the date of the

22 court’s final order.

23 (3) if the alien is detained or confined (except under an immigration

24 process), the date the alien is released from detention or confinement.

25 (b) DETENTION AND RELEASE BY THE ATTORNEY GENERAL.—During

26 the 6-month period, the Attorney General may—

27 (1) detain the alien;

28 (2) release the alien on a bond containing conditions the Attorney

29 General may prescribe; or

30 (3) release the alien on other conditions the Attorney General may

31 prescribe.

32 (c) HABEAS CORPUS.—In a habeas corpus proceeding, a court of com33 petent jurisdiction may review or revise a decision of the Attorney General

34 under subsection (b) of this section if the alien shows conclusively that the

35 Attorney General is not proceeding with reasonable dispatch under the par36 ticular circumstances to deport the alien within the 6-month period.

37 (d) SUPERVISION AFTER 6-MONTH PERIOD.—If the alien does not leave

38 or is not deported within the 6-month period, the alien, pending deportation,

39 shall be subject to supervision under regulations prescribed by the Attorney

40 General. The regulations shall include provisions requiring the alien—
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1 (1) to appear before an immigration officer periodically for identi2 fication;

3 (2) to submit, if necessary, to a medical and psychiatric examination

4 at the expense of the United States Government;

5 (3) to give information under oath about the alien’s nationality, cir6 cumstances, habits, associations, and activities, and other information

7 the Attorney General considers appropriate; and

8 (4) to obey reasonable written restrictions on the alien’s conduct or

9 activities that the Attorney General prescribes for the alien.

10 (e) ALIENS IMPRISONED, ARRESTED, OR ON PAROLE, SUPERVISED RE11 LEASE, OR PROBATION.—Except as provided in section 343(a) of the Public

12 Health Service Act (42 U.S.C. 259(a)), the Attorney General may not de13 port an alien who is sentenced to imprisonment until the alien is released

14 from imprisonment. Parole, supervised release, probation, or possibility of

15 rearrest or further imprisonment is not a reason to defer deportation.

16 (f) REINSTATEMENT OF DEPORTATION ORDERS AGAINST ALIENS ILLE17 GALLY REENTERING.—If the Attorney General finds that an alien has reen18 tered the United States illegally after having been deported or having de19 parted voluntarily, under an order of deportation on any ground described

20 in subchapter I of chapter 65 of this title, the prior order of deportation

21 is reinstated from its original date and the alien shall be deported under

22 the prior order at any time after the reentry.

23 § 6538. Countries to which aliens may be deported

24 (a) DESIGNATION BY ALIEN.—(1) An alien in the United States who has

25 been ordered deported may designate one country to which the alien wants

26 to be deported. However, the alien may designate a foreign territory contig27 uous to the United States, an adjacent island, or an island adjacent to a

28 foreign territory contiguous to the United States as the place to which the

29 alien is to be deported only if the alien is a native, citizen, subject, or na30 tional of, or had a residence in, that designated territory or island. Except

31 as otherwise provided in this section, the Attorney General shall deport the

32 alien to the country the alien designates.

33 (2) The Attorney General may disregard a designation under paragraph

34 (1) of this subsection if—

35 (A) the alien fails to designate a country promptly;

36 (B) the government of the country does not inform the Attorney

37 General finally, within 3 months after the Attorney General first in38 quires, whether the government will accept the alien into the country;

39 (C) the government of the country is not willing to accept the alien

40 into the country; or
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1 (D) the Attorney General decides that deporting the alien to the

2 country is prejudicial to the United States.

3 (b) ALTERNATIVE DEPORTATION COUNTRY.—If an alien is not deported

4 to a country under subsection (a) of this section, the Attorney General shall

5 deport the alien to a country of which the alien is a subject, national, or

6 citizen unless the government of the country—

7 (1) does not inform the Attorney General or the alien finally, within

8 3 months after the Attorney General first inquires or within another

9 period of time the Attorney General decides is reasonable, whether the

10 government will accept the alien into the country; or

11 (2) is not willing to accept the alien into the country.

12 (c) ADDITIONAL DEPORTATION COUNTRIES.—If an alien is not deported

13 to a country under subsection (a) or (b) of this section, the Attorney Gen14 eral shall deport the alien to any of the following countries:

15 (1) the country from which the alien last entered the United States.

16 (2) the country in which is located the foreign port from which the

17 alien left for the United States or for a foreign territory contiguous to

18 the United States.

19 (3) a country in which the alien resided before the alien entered the

20 country from which the alien entered the United States.

21 (4) the country in which the alien was born.

22 (5) the country that had sovereignty over the alien’s birthplace when

23 the alien was born.

24 (6) the country in which the alien’s birthplace is located when the

25 alien is ordered deported.

26 (7) if impracticable, inadvisable, or impossible to deport the alien to

27 a country described in clauses (1)–(6) of this subsection, another coun28 try whose government will accept the alien into that country.

29 (d) DEPORTATION COUNTRY WHEN UNITED STATES IS AT WAR.—When

30 the United States is at war and the Attorney General decides that it is im31 practicable, inadvisable, inconvenient, or impossible to deport an alien under

32 subsections (a)–(c) of this section because of the war, the Attorney General

33 may deport the alien—

34 (1) to the country that is host to a government in exile of the coun35 try of which the alien is a citizen or subject if the government of the

36 host country will permit the alien’s entry; or

37 (2) if the recognized government of the country of which the alien

38 is a citizen or subject is not in exile, to a country, or a political or

39 territorial subdivision of a country, that is very near the country of

40 which the alien is a citizen or subject, or, with the consent of the gov-
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1 ernment of the country of which the alien is a citizen or subject, to

2 another country.

3 (e) RESTRICTION WHEN ALIEN’S LIFE OR FREEDOM WOULD BE

4 THREATENED.—(1) Notwithstanding subsections (a)–(d) of this section, the

5 Attorney General may not deport or return an alien to a country if the At6 torney General decides that the alien’s life or freedom would be threatened

7 in that country because of the alien’s race, religion, nationality, membership

8 in a particular social group, or political opinion.

9 (2) Paragraph (1) of this subsection does not apply to an alien deportable

10 under section 6509 of this title or if the Attorney General decides that—

11 (A) the alien ordered, incited, assisted, or otherwise participated in

12 the persecution of an individual on account of the individual’s race, re13 ligion, nationality, membership in a particular social group, or political

14 opinion;

15 (B) the alien, having been convicted by a final judgment of a par16 ticularly serious crime (including any aggravated felony), is a danger

17 to the community of the United States;

18 (C) there are serious reasons to believe that the alien committed a

19 serious nonpolitical crime outside the United States before the alien ar20 rived in the United States; or

21 (D) there are reasonable grounds to believe that the alien is a danger

22 to the security of the United States.

23 § 6539. Suspension of deportation

24 (a) GROUNDS FOR SUSPENSION.—On application of an alien to the Attor25 ney General, the Attorney General may suspend the deportation of the alien

26 and adjust the status of the alien under section 9104 of this title to that

27 of an alien lawfully admitted for permanent residence if—

28 (1)(A) the alien is deportable under a law of the United States, ex29 cept sections 6506–6508 of this title;

30 (B) for at least 7 continuous years immediately before applying, the

31 alien has been—

32 (i) physically present in the United States; and

33 (ii) of good moral character;

34 (C) the alien is of good moral character; and

35 (D) the Attorney General believes that deporting the alien would

36 cause extreme hardship to the alien or to the alien’s spouse, parent,

37 or child if the spouse, parent, or child is a citizen of the United States

38 or an alien lawfully admitted for permanent residence;

39 (2)(A) the alien is deportable under any of sections 6506–6508 of

40 this title;
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1 (B) for at least 10 continuous years immediately after the alien com2 mitted an act or acquired a status that is a ground for deportation,

3 the alien has been—

4 (i) physically present in the United States; and

5 (ii) of good moral character;

6 (C) the alien is of good moral character; and

7 (D) the Attorney General believes that deporting the alien would

8 cause exceptional and extremely unusual hardship to the alien or to the

9 alien’s spouse, parent, or child if the spouse, parent, or child is a citi10 zen of the United States or an alien lawfully admitted for permanent

11 residence; or

12 (3)(A) the alien is deportable under a law of the United States, ex13 cept sections 6502(a) and 6506–6508 of this title;

14 (B) for at least 3 continuous years immediately before applying, the

15 alien has been—

16 (i) physically present in the United States; and

17 (ii) of good moral character;

18 (C) the alien is of good moral character;

19 (D) the alien—

20 (i) has been battered or subjected to extreme cruelty in the

21 United States by a spouse or parent who is a citizen of the United

22 States or who is an alien lawfully admitted for permanent resi23 dence; or

24 (ii) is the parent of a child whose other parent is a citizen of

25 the United States or an alien lawfully admitted for permanent res26 idence and the child has been battered or subjected to extreme

27 cruelty in the United States by that other parent; and

28 (E) the Attorney General believes that deporting the alien would

29 cause extreme hardship to the alien or to the alien’s parent or child.

30 (b) INTERRUPTION OF PHYSICAL PRESENCE.—(1) An alien temporarily

31 absent from the United States is deemed to have maintained continuous

32 physical presence under subsection (a)(1)(B)(i) and (2)(B)(i) of this section

33 if the absence was brief, casual, and innocent and did not meaningfully in34 terrupt the continuous physical presence. This subsection does not apply to

35 an alien removed from the United States before November 6, 1986.

36 (2) The requirements of subsection (a)(1)(B)(i) and (2)(B)(i) of this sec37 tion do not apply to an alien who—

38 (A) enlisted or was inducted into the armed forces of the United

39 States when the alien was in the United States;

40 (B) served on active duty in the armed forces for at least 24 months;

41 and
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1 (C) if separated from the armed forces, was separated under honor2 able conditions.

3 (c) EVIDENCE OF BATTERING AND CRUELTY.—In acting on an applica4 tion under subsection (a)(3) of this section, the Attorney General shall con5 sider any credible evidence relevant to the application. The decision of what

6 evidence is credible and what weight to be given the evidence is within the

7 sole discretion of the Attorney General.

8 (d) NONAPPLICATION.—This section does not apply to an alien who—

9 (1) enters the United States as a crewmember after June 30, 1964;

10 (2) is admitted to the United States as a nonimmigrant classified

11 under section 2312 of this title or acquires the status of a non12 immigrant classified under section 2312 after admission—

13 (A) to receive graduate medical education or training, regardless

14 of whether the alien is subject to the 2-year foreign residence re15 quirement of section 8303(a) of this title; or

16 (B) not to receive graduate medical education or training, but

17 who is subject to the 2-year foreign residence requirement of sec18 tion 8303(a) of this title and does not fulfill or receive a waiver

19 of that requirement; or

20 (3) is deportable under section 6509 of this title.

21 § 6540. Voluntary departure and removal

22 (a) DEPARTURE BEFORE DEPORTATION PROCEEDINGS.—(1) Before a

23 deportation proceeding is begun against an alien, the Attorney General may

24 allow the alien to depart voluntarily from the United States if the alien—

25 (A) admits to being deportable under subchapter I of this chapter;

26 and

27 (B) departs voluntarily at the alien’s expense or is removed at the

28 United States Government’s expense under subsection (e) of this sec29 tion.

30 (2) Paragraph (1) of this subsection does not apply to an alien if the At31 torney General has reason to believe the alien is deportable under any of

32 sections 6506–6509 of this title.

33 (b) DEPARTURE DURING DEPORTATION PROCEEDINGS.—(1) During a

34 deportation proceeding against an alien, the Attorney General may allow the

35 alien to depart voluntarily from the United States at the alien’s expense if

36 the alien satisfies the Attorney General that the alien is, and for at least

37 5 years immediately before applying for voluntary departure under this sub38 section has been, of good moral character.

39 (2) Paragraph (1) of this subsection does not apply to an alien—
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1 (A) deportable under any of sections 6506–6509 of this title, except

2 such an alien whose deportation may be suspended under section

3 6539(a)(2) of this title; or

4 (B) deportable because of a conviction, after November 17, 1988, of

5 an aggravated felony.

6 (c) DEPARTURE AFTER ORDER OF DEPORTATION.—After an alien is or7 dered deported, the Attorney General may allow the alien to depart volun8 tarily. An alien departing voluntarily after being ordered deported is deemed

9 to have been deported.

10 (d) REMOVAL OF ALIEN IN DISTRESS OR IN NEED OF ASSISTANCE.—

11 (1) If an alien falls into distress or needs public assistance from a cause

12 that arises after the alien enters the United States, and the alien wants to

13 be removed from the United States, the Attorney General may remove the

14 alien to—

15 (A) the alien’s native country;

16 (B) the country from which the alien came to the United States;

17 (C) the country of which the alien is a subject or citizen; or

18 (D) another country the alien designates if the government of that

19 country is willing to accept the alien in that country.

20 (2) An alien removed under paragraph (1) of this subsection may not

21 apply for or be issued a visa or other entry documentation or admission to

22 the United States without the Attorney General’s prior approval.

23 (e) COSTS PAYABLE BY GOVERNMENT.—The Attorney General may pay

24 from the appropriation ‘‘Immigration and Naturalization Service—Salaries

25 and Expenses’’ the costs of removing an alien from the United States

26 under—

27 (1) subsection (a) of this section if—

28 (A) the alien is unable to pay; and

29 (B) the Attorney General believes the alien’s removal is in the

30 best interest of the United States;

31 (2) subsection (c) of this section if—

32 (A) the alien is unable to pay; and

33 (B) payment is not otherwise provided for under this title; and

34 (3) subsection (d) of this section.

35 § 6541. Ineligibility for discretionary relief for failure to ap36 pear

37 (a) DEFINITION.—In this section, ‘‘exceptional circumstances’’ has the

38 same meaning given that term by section 6532(a) of this title.

39 (b) RELIEF COVERED.—An alien is ineligible for the following relief to

40 the extent provided in subsections (c)–(f) of this section:

41 (1) suspension of deportation under section 6539 of this title.
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1 (2) voluntary departure under section 6540(a) or (b) of this title.

2 (3) adjustment of status under section 9101 or 9105 of this title.

3 (4) change of status under section 9109 of this title.

4 (c) FAILURE TO APPEAR AT DEPORTATION PROCEEDING.—An alien

5 against whom a final order of deportation is entered in absentia under sec6 tion 6532 of this title is ineligible for the relief specified by subsection (b)

7 of this section for 5 years after entry of the final order if, at the time the

8 notice was required to be given under section 6532(c)(3) and (4), the alien

9 was given oral notice, in the alien’s native language or another language the

10 alien understands, of the time and place of the proceeding and the con11 sequences of failing (except for exceptional circumstances) to attend.

12 (d) FAILURE TO APPEAR FOR VOLUNTARY DEPARTURE.—(1) Subject to

13 paragraph (2) of this subsection, an alien is ineligible for the relief specified

14 by subsection (b) of this section for 5 years after the scheduled date of de15 parture or the date of unlawful reentry if the alien—

16 (A) is allowed to depart voluntarily under section 6540(a) or (b) of

17 this title; and

18 (B) remains in the United States after the scheduled date of depar19 ture (except for exceptional circumstances).

20 (2) Paragraph (1) of this subsection applies to an alien allowed to depart

21 voluntarily only if, before the departure, the Attorney General has provided

22 written notice to the alien in English and Spanish, and oral notice, in the

23 alien’s native language or another language the alien understands, of the

24 consequences under paragraph (1) of remaining in the United States after

25 the scheduled date of departure (except for exceptional circumstances).

26 (e) FAILURE TO APPEAR FOR DEPORTATION.—(1) Subject to paragraph

27 (2) of this subsection, an alien against whom a final order of deportation

28 is entered under section 6532 of this title who fails (except for exceptional

29 circumstances) to appear for deportation at the time and place ordered is

30 ineligible for the relief specified by subsection (b) of this section for 5 years

31 after the scheduled date of deportation.

32 (2) Paragraph (1) of this subsection applies only if the Attorney General

33 has provided notice in the final order of deportation, and orally in the

34 alien’s native language or another language the alien understands, of the

35 consequences under paragraph (1) of failing (except for exceptional cir36 cumstances) to appear for deportation at the time and place ordered.

37 (f) FAILURE TO APPEAR FOR ASYLUM HEARING.—(1) Subject to para38 graph (2) of this subsection, an alien whose period of any authorized stay

39 has expired, who has filed an application for asylum, and who fails (except

40 for exceptional circumstances) to appear at the time and place scheduled for
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1 the asylum hearing, is ineligible for the relief specified by subsection (b) of

2 this section for 5 years after the date of the asylum hearing.

3 (2) Paragraph (1) of this subsection applies only if the alien was given

4 written notice in English and Spanish, and oral notice in the alien’s native

5 language or another language the alien understands, of—

6 (A) the time and place of the asylum hearing and any change in the

7 time or place; and

8 (B) the consequences under paragraph (1) of this subsection of fail9 ing (except for exceptional circumstances) to appear.

10 § 6542. Duties of private parties and costs of deportation

11 (a) DUTY TO CARRY OUT DEPORTATION ORDERS.—When ordered by the

12 Attorney General, the owner, agent, master, commanding officer, charterer,

13 or consignee of a vessel, aircraft, or vehicle bringing an alien to the United

14 States shall—

15 (1) take on board, guard safely, and transport to the destination

16 specified by the Attorney General, the alien if ordered deported; and

17 (2) pay the costs of deporting the alien as provided in subsection (b)

18 of this section.

19 (b) COSTS PAYABLE BY PRIVATE PARTIES.—(1) Except as provided in

20 paragraph (2) of this subsection, when an alien in the United States is or21 dered deported, the owner, agent, master, commanding officer, charterer, or

22 consignee of the vessel, aircraft, or vehicle on which the alien arrived in the

23 United States shall pay the costs of deporting the alien from the port of

24 deportation if—

25 (A) the alien is being deported on a ground that existed before or

26 at the time of entry and deportation proceedings are begun not later

27 than 5 years after entry; or

28 (B) the alien is a crewmember and deportation proceedings are

29 begun not later than 5 years after the last conditional permit is issued

30 to the alien to land temporarily under section 2703 of this title.

31 (2) Paragraph (1) of this subsection does not apply if—

32 (A) the Attorney General decides it is not practicable to require pay33 ment; or

34 (B) the alien had an immigrant visa on arrival in the United States

35 and was inspected and admitted for permanent residence.

36 (c) COSTS PAYABLE BY GOVERNMENT.—When an alien in the United

37 States is ordered deported, the Attorney General shall pay from the appro38 priation ‘‘Immigration and Naturalization Service—Salaries and Expenses’’

39 the costs of—

40 (1) transporting the alien to the port of deportation in the United

41 States; and
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1 (2) deporting the alien if—

2 (A) deportation proceedings are begun more than 5 years after

3 the alien’s entry, or, if the alien is a crewmember, more than 5

4 years after the last conditional permit is issued to the alien to land

5 temporarily; or

6 (B) the owner of the vessel, aircraft, or vehicle is not required

7 to pay the costs because of subsection (b)(2) of this section.

8 (d) ALIENS REQUIRING PERSONAL CARE DURING DEPORTATION.—If the

9 Attorney General believes that an alien being deported requires personal

10 care because of the alien’s mental or physical condition, the Attorney Gen11 eral shall employ a suitable individual to accompany and care for the alien

12 until the alien arrives at the final destination. The person required under

13 this section to pay the costs of deporting the alien shall pay the costs of

14 this service.

15 (e) COSTS PAYABLE BY EMPLOYERS OF CERTAIN NONIMMIGRANTS.—(1)

16 If the employer of an alien having the status of a nonimmigrant classified

17 under section 2313(a)(1) or (2) or 2315(a)(1) of this title dismisses the

18 alien from employment before the end of the period of authorized admission,

19 the employer is liable for the reasonable costs of return transportation of

20 the alien.

21 (2) If the employment of an alien who entered the United States as a

22 nonimmigrant classified under section 2318 or 2319 of this title ends for

23 reasons other than voluntary resignation, the employer whose offer of em24 ployment provided the basis of the nonimmigrant status of the alien and

25 the petitioner are jointly and severally liable for the reasonable costs of re26 turn transportation of the alien. The petitioner shall provide satisfactory as27 surance to the Attorney General that the reasonable costs of that transpor28 tation will be provided.

29 CHAPTER 67—TEMPORARY PROTECTED STATUS

Sec.

6701. General

6702. Granting the status.

6703. Designation of foreign countries.

6704. Information and notices about status.

6705. Temporary documentation and work authorization.

6706. Registration fees.

6707. Withdrawal of status.

6708. Relationship to suspension of deportation.

6709. Relationship to immigration status.

6710. Immigration status and continuous physical presence not affected by temporary travel

outside the United States.

6711. Exclusive remedy.

6712. Limitation on Senate consideration of legislation adjusting status.

6713. Annual reports.
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1 § 6701. General

2 The Attorney General may grant an alien temporary protected status in

3 the United States as provided in this chapter. During the period that the

4 status is in effect for the alien—

5 (1) the Attorney General may not detain the alien on the basis of

6 the alien’s immigration status in the United States;

7 (2) the Attorney General may not deport the alien;

8 (3) the Attorney General shall authorize the alien to work in the

9 United States;

10 (4) the alien is not residing permanently in the United States under

11 color of law;

12 (5) a State or political subdivision of a State that provides public

13 assistance may find the alien ineligible for the assistance;

14 (6) the alien may travel outside the United States with the prior con15 sent of the Attorney General; and

16 (7) the alien is deemed to be maintaining lawful status as a non17 immigrant for purposes of sections 9101(f)(3) and 9109 of this title.

18 § 6702. Granting the status

19 (a) GENERAL REQUIREMENTS FOR GRANTING.—The Attorney General

20 may grant temporary protected status in the United States to an alien

21 who—

22 (1) is a national of, or has no nationality but last habitually resided

23 in, a foreign country designated, or designated in part, under section

24 6703 of this title;

25 (2) has been physically present in the United States continuously

26 since the effective date of the most recent designation of that country

27 or part of that country under section 6703 of this title;

28 (3) has resided in the United States continuously since a date the

29 Attorney General may specify;

30 (4) is admissible as an immigrant, except that for purposes of this

31 clause—

32 (A) sections 4311(a) and 6313 of this title do not apply;

33 (B) the Attorney General may waive subchapter I of chapter 63

34 of this title (except as provided in subclause (C) of this clause)

35 for an individual alien for humanitarian purposes, to ensure family

36 unity, or when it is otherwise in the public interest; and

37 (C) the Attorney General may not waive section 6307(a)(1)–(4),

38 6308(a)–(c), or 6309 of this title, except as section 6307(a)(3) re39 lates to a single offense of simple possession of not more than 30

40 grams of marijuana; and
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1 (5) registers for the temporary protected status during a registration

2 period of at least 180 days, to the extent and in the way the Attorney

3 General establishes.

4 (b) PROHIBITIONS ON GRANTING.—Notwithstanding subsection (a) of

5 this section, the Attorney General may not grant temporary protected status

6 to an alien if the Attorney General finds that the alien—

7 (1) has been convicted of a felony or more than one misdemeanor

8 committed in the United States; or

9 (2) is described in section 6538(e)(2) of this title.

10 (c) BRIEF, CASUAL, AND INNOCENT ABSENCES.—(1) An alien does not

11 fail to maintain continuous physical presence in the United States under

12 subsection (a)(2) of this section or section 6707(2) of this title because of

13 a brief, casual, and innocent absence from the United States, whether or

14 not authorized by the Attorney General.

15 (2) An alien does not fail to maintain continuous residence in the United

16 States under subsection (a)(3) of this section because of a brief, casual, and

17 innocent absence from the United States, whether or not authorized by the

18 Attorney General, or because of a brief temporary trip outside the United

19 States required by emergency or extenuating circumstances beyond the con20 trol of the alien.

21 (d) STATUS PENDING REGISTRATION OR FINAL DECISION.—(1) If an

22 alien can establish a prima facie case of eligibility for temporary protected

23 status under this chapter except that the period of registration under sub24 section (a)(5) of this section has not begun, the Attorney General shall pro25 vide the alien with the benefits of the status until the alien has had a rea26 sonable opportunity to register during the first 30 days of the registration

27 period.

28 (2) If an alien establishes a prima facie case of eligibility for temporary

29 protected status under this chapter, the Attorney General shall provide the

30 alien with the benefits of the status until a final decision is made on the

31 alien’s eligibility.

32 (e) CONFIDENTIALITY.—The Attorney General shall establish procedures

33 to protect the confidentiality of information provided by an alien under this

34 chapter.

35 (f) NO AUTHORIZATION TO APPLY FOR ADMISSION OR TO BE ADMIT36 TED.—This chapter does not authorize an alien to apply for admission, or

37 to be admitted, to the United States to apply for temporary protected status

38 under this chapter.
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1 § 6703. Designation of foreign countries

2 (a) GENERAL.—After consultation with appropriate agencies, the Attor3 ney General may designate a foreign country or part of a foreign country

4 under this section if the Attorney General finds that—

5 (1) there is an armed conflict in the country that would pose a seri6 ous threat to the personal safety of nationals of that country if they

7 were required to return to that country or part of that country;

8 (2)(A) there has been an earthquake, flood, drought, epidemic, or

9 other environmental disaster in the country resulting in a substantial,

10 but temporary, disruption of living conditions in the area affected by

11 the disaster;

12 (B) the country temporarily is unable to handle returning nationals

13 adequately; and

14 (C) the government of the country officially has requested designa15 tion under this clause (2); or

16 (3) extraordinary and temporary conditions exist in the country that

17 prevent nationals from returning to that country in safety, unless the

18 Attorney General finds that permitting the aliens to remain temporarily

19 in the United States is contrary to the interest of the United States.

20 (b) PUBLICATION OF DESIGNATIONS.—A designation under subsection

21 (a) of this section is effective only if notice of the designation (including a

22 statement of the findings under subsection (a) and the effective date of the

23 designation) is published in the Federal Register. The Attorney General

24 shall include in the notice an estimate of the number of nationals of the

25 designated country who are, or within the effective period of the designation

26 are likely to become, eligible for temporary protected status under this chap27 ter and their immigration status in the United States.

28 (c) EFFECTIVE PERIOD OF DESIGNATIONS.—A designation under this

29 section—

30 (1) takes effect on the date the notice is published under subsection

31 (b) of this section or a later date the Attorney General specifies in the

32 notice; and

33 (2) remains in effect until terminated under subsection (d) of this

34 section.

35 (d) PERIODIC REVIEWS, EXTENSIONS, AND TERMINATIONS.—(1) The

36 first period of designation of a foreign country or part of a foreign country

37 is the period specified by the Attorney General. The period shall be at least

38 6 months but not more than 18 months.

39 (2) At least 60 days before the end of the first period of designation and

40 each extended period of designation, the Attorney General, after consulta41 tion with appropriate agencies, shall review the conditions in the designated
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1 country or part of the country and decide whether the conditions for the

2 designation continue to be met.

3 (3)(A) If the Attorney General does not decide that the designated coun4 try or part of the country no longer meets the conditions for designation,

5 the designation is extended for 6 months or, in the discretion of the Attor6 ney General, for 12 or 18 months.

7 (B) If the Attorney General decides that the designated country or part

8 of the country no longer meets the conditions for designation, the Attorney

9 General shall terminate the designation. A termination is effective 60 days

10 after notice of the termination is published in the Federal Register or when

11 the most recent extension expires, whichever is later.

12 (4) The Attorney General shall publish in the Federal Register, on a

13 timely basis, notice of each decision under this subsection, including the

14 basis for the decision, and the period of any extension.

15 (e) INFORMATION ON PROTECTED STATUS AT TIME OF DESIGNATION.—

16 When the Attorney General designates a foreign country or part of a foreign

17 country under subsection (a) of this section, the Attorney General shall

18 make available to nationals of that country information on the temporary

19 protected status available under this chapter.

20 (f) ADMINISTRATIVE AND JUDICIAL REVIEW.—(1) The Attorney General

21 shall establish an administrative procedure to review a denial of benefits to

22 an alien under this section. The procedure may not prevent an alien from

23 asserting protection under this chapter in a deportation proceeding if the

24 alien demonstrates that the alien is a national of a foreign country des25 ignated, or designated in part, under this section.

26 (2) A designation, extension, or termination under this section is not sub27 ject to judicial review.

28 § 6704. Information and notices about status

29 (a) INFORMATION ABOUT STATUS.—On granting temporary protected

30 status to an alien under this chapter, the Attorney General shall provide

31 the alien with information about the status.

32 (b) NOTICES OF AVAILABILITY AT DEPORTATION PROCEEDINGS.—The

33 Attorney General promptly shall notify an alien of the temporary protected

34 status that may be available under this chapter—

35 (1) if, when a deportation proceeding is begun against the alien, the

36 foreign country of which the alien is a national has been designated,

37 or designated in part, under section 6703 of this title; or

38 (2) if, during a deportation proceeding pending against the alien, the

39 country of which the alien is a national is designated, or designated

40 in part, under section 6703 of this title.
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1 (c) FORM AND LANGUAGE.—Information and notices under this section

2 shall be in a form and language the alien can understand.

3 § 6705. Temporary documentation and work authorization

4 (a) GENERAL.—On granting temporary protected status to an alien under

5 this chapter, the Attorney General shall provide for the issuance of tem6 porary documentation and work authorization necessary to carry out this

7 chapter. The work authorization shall be an ‘‘employment authorized’’ en8 dorsement or other appropriate work permit.

9 (b) PERIOD OF VALIDITY.—(1) Work authorization issued under sub10 section (a) of this section is valid during the period the alien is in temporary

11 protected status under this chapter.

12 (2) Subject to subsection (c) of this section, the documentation and work

13 authorization are valid for the first period of designation of the foreign

14 country or part of the foreign country involved and any extension of that

15 period. The Attorney General may stagger the periods of validity of the doc16 umentation and authorization to provide for an orderly renewal of the docu17 mentation and authorization and for an orderly transition under subsection

18 (c) when a designation is terminated.

19 (c) EFFECTIVE DATE OF TERMINATIONS.—A termination of a designa20 tion under section 6703(d)(3)(B) of this title applies only to documentation

21 and work authorization issued or renewed after—

22 (1) the effective date of the termination; or

23 (2) a later date the Attorney General decides is appropriate to pro24 vide for an orderly transition.

25 § 6706. Registration fees

26 (a) ALLOWABLE FEES.—The Attorney General may require payment of

27 a reasonable fee of not more than $50 as a condition for registering an alien

28 under section 6702(a)(5) of this title and an additional fee for providing

29 a work authorization.

30 (b) CREDITING APPROPRIATION.—All fees collected under this section

31 shall be credited to the appropriation to be used to carry out this chapter.

32 § 6707. Withdrawal of status

33 The Attorney General shall withdraw temporary protected status granted

34 to an alien under this chapter if—

35 (1) the Attorney General finds that the alien was not eligible for the

36 status;

37 (2) except as provided in sections 6701(6) and 6702(c) of this title,

38 the alien has not remained continuously physically present in the

39 United States from the date the alien first was granted the status; or
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1 (3) the alien, without good cause, does not register with the Attorney

2 General annually, at the end of each 12-month period after the status

3 is granted, in the form and way the Attorney General prescribes.

4 § 6708. Relationship to suspension of deportation

5 Under section 6539(a) of this title, the period during which temporary

6 protected status is in effect for an alien—

7 (1) is not counted as a period of physical presence in the United

8 States unless the Attorney General decides that extreme hardship ex9 ists; and

10 (2) does not cause a break in the continuity of residence before and

11 after the period during which the alien has that status.

12 § 6709. Relationship to immigration status

13 (a) GENERAL.—This chapter does not authorize the Attorney General to

14 deny temporary protected status to an alien based on the alien’s immigra15 tion status or to require an alien, as a condition of being granted temporary

16 protected status, to relinquish another status the alien may have or to waive

17 any right under this title (except subchapter I of chapter 5, subchapters II

18 and III of chapter 131, and chapters 133–137).

19 (b) TEMPORARY PROTECTED STATUS NOT INCONSISTENT WITH NON20 IMMIGRANT STATUS.—Granting temporary protected status under this

21 chapter is not inconsistent with granting nonimmigrant status under this

22 title.

23 § 6710. Immigration status and continuous physical pres24 ence not affected by temporary travel outside the

25 United States

26 An alien granted temporary protected status under this chapter whom the

27 Attorney General authorizes to travel outside the United States temporarily

28 and who returns to the United States according to the authorization—

29 (1) shall be inspected and admitted in the same immigration status

30 the alien had at the time of departure if the alien is found not to be

31 excludable on a ground referred to in section 6702(a)(4)(C) of this

32 title; and

33 (2) has not failed to maintain continuous physical presence in the

34 United States under section 6539(a) of this title because of the depar35 ture if the absence meets the requirements of section 6539(b)(1) of this

36 title.

37 § 6711. Exclusive remedy

38 Except as otherwise specifically provided, this chapter is the exclusive au39 thority of the Attorney General under law to allow an alien who is or may

40 become otherwise deportable or who has been paroled into the United States
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1 to remain in the United States temporarily because of the alien’s nationality

2 or region of foreign country of nationality.

3 § 6712. Limitation on Senate consideration of legislation ad4 justing status

5 (a) GENERAL.—Except as provided in subsection (b) of this section, it

6 is not in order in the Senate to consider a bill, resolution, or amendment

7 that—

8 (1) provides for the adjustment to lawful temporary or permanent

9 resident alien status for an alien receiving temporary protected status

10 under this chapter; or

11 (2) has the effect of amending or limiting the application of this sec12 tion.

13 (b) SUPERMAJORITY REQUIREMENT.—An affirmative vote of three-fifths

14 of the members of the Senate chosen and sworn is required—

15 (1) to waive or suspend subsection (a) of this section; or

16 (2) to sustain an appeal of the ruling of the Chair on a point of

17 order raised under subsection (a) of this section.

18 (c) SENATE RULEMAKING POWER.—This section—

19 (1) is enacted as an exercise of the rulemaking power of the Senate;

20 (2) is deemed to be a part of the rules of the Senate on matters de21 scribed in subsection (a) of this section;

22 (3) supersedes other rules of the Senate only to the extent inconsist23 ent with this section; and

24 (4) is enacted with complete recognition of the constitutional right

25 of the Senate to change those rules at any time in the same way as

26 any other rule of the Senate.

27 § 6713. Annual reports

28 (a) ATTORNEY GENERAL.—Not later than March 1 of each year, the At29 torney General, after consultation with appropriate agencies, shall submit to

30 the Committees on the Judiciary of the House of Representatives and the

31 Senate a report on the operation of this chapter during the prior year. The

32 report shall include—

33 (1) a listing of foreign countries and parts of foreign countries des34 ignated under section 6703 of this title;

35 (2) the number of nationals of each country granted temporary pro36 tected status under this chapter and their immigration status before

37 being granted temporary protected status; and

38 (3) an explanation of why each foreign country or part of a foreign

39 country was designated under section 6703 of this title and why a des40 ignation was extended or terminated.
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1 (b) COMMITTEE REPORTS.—Not later than 180 days after receiving a re2 port under subsection (a) of this section, the Committees on the Judiciary

3 of the House of Representatives and the Senate shall report to the House

4 and Senate, respectively, on oversight findings and legislation the applicable

5 Committee finds appropriate.

6 CHAPTER 69—REGULATION OF PERSONS PROVIDING

7 TRANSPORTATION

Sec.

6901. Ports of entry for aircraft and civil air navigation regulation.

6902. Lists of passengers.

6903. Payment contingent on landing prohibited.

6904. Duty to prevent unauthorized landing.

6905. Carriers transporting aliens from foreign contiguous territory or adjacent islands.

6906. Prohibitions on bringing certain aliens to the United States.

6907. Requirements to detain, deliver, receive, and deport aliens.

6908. Costs of detention.

6909. Fees for inspecting passengers.

8 § 6901. Ports of entry for aircraft and civil air navigation

9 regulation

10 The Attorney General by regulation may—

11 (1) designate as ports of entry for aliens arriving by aircraft in the

12 United States any of the ports of entry designated for civil aircraft

13 under section 2(b)(1)(A) of the Act of July 5, 1994 (19 U.S.C.

14 1644a(b)(1)(A));

15 (2) require aircraft in civil air navigation to give notice of landing

16 or intention to land as necessary to carry out this title; and

17 (3) apply this title to civil air navigation to the extent the Attorney

18 General considers necessary.

19 § 6902. Lists of passengers

20 (a) ARRIVING PASSENGERS.—An owner, agent, master, commanding offi21 cer, or consignee of a vessel or aircraft arriving in the United States from

22 a place outside the United States shall give an immigration officer at the

23 port of arrival a list of the passengers on the vessel or aircraft. The list

24 shall be prepared at the time, be in the form, and contain the information

25 the Attorney General prescribes by regulation as necessary to identify the

26 passengers and enforce the immigration laws.

27 (b) DEPARTING PASSENGERS.—(1) A master, commanding officer, or

28 agent of a vessel or aircraft taking on passengers in the United States who

29 are destined to a place outside the United States shall give an immigration

30 officer at the port a list of those passengers before departing. The list shall

31 be in the form, contain the information, and be accompanied by other docu32 mentation the Attorney General prescribes by regulation as necessary to

33 identify the passengers and enforce the immigration laws. The master, com-
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1 manding officer, or agent shall state under oath that the list and accom2 panying documentation contain all of the required information.

3 (2) The vessel or aircraft may be cleared only after the master, command4 ing officer, or agent complies with paragraph (1) of this subsection. How5 ever, if the Attorney General decides that the vessel or aircraft is making

6 regular trips to ports of the United States, the Attorney General, when it

7 is expedient, may allow the master, commanding officer, or agent to give

8 the list and documentation at a later date.

9 (c) EXCEPTIONS.—Subsections (a) and (b) of this section do not require

10 that a list include—

11 (1) an alien crewmember; or

12 (2) except as required by regulations prescribed under section 6901

13 of this title, a passenger—

14 (A) arriving by air on a trip originating in foreign territory con15 tiguous to the United States; or

16 (B) leaving by air on a trip originating in the United States for

17 foreign territory contiguous to the United States.

18 (d) WAIVER.—The Attorney General may prescribe conditions under

19 which the requirements of this section may be waived.

20 § 6903. Payment contingent on landing prohibited

21 An owner, agent, master, commanding officer, person in charge, purser,

22 or consignee of a vessel or aircraft may not take any consideration to be

23 kept or returned contingent on whether an alien is landed in or excluded

24 from the United States.

25 § 6904. Duty to prevent unauthorized landing

26 (a) DUTY TO PREVENT UNAUTHORIZED LANDING.—(1) A person bring27 ing an alien to, or providing a means for an alien to travel to, the United

28 States (including an alien crewmember not covered by section 2704(a) of

29 this title) shall prevent the alien from landing in the United States at—

30 (A) a port of entry not designated by the Attorney General; or

31 (B) a time or place not designated by an immigration officer.

32 (2) Proof that an alien did not appear at the time and place designated

33 by the immigration officer is prima facie evidence that the alien landed in

34 the United States at a time or place not designated by the immigration offi35 cer.

36 (3) This subsection does not apply to a carrier that has made a contract

37 as provided in section 6905(b) of this title.

38 (b) DILIGENCE DEFENSE.—(1) An owner or operator of a rail carrier,

39 international bridge, or toll road that satisfies the Attorney General that the

40 owner or operator has acted diligently and reasonably to comply with sub-
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1 section (a)(1) of this section is not liable for a penalty under section 10122

2 of this title for not complying with subsection (a)(1).

3 (2) On request of an owner or operator referred to in paragraph (1) of

4 this subsection, the Attorney General shall inspect a facility established, or

5 method used, by the owner or operator at a place of entry into the United

6 States to comply with subsection (a)(1) of this section. The Attorney Gen7 eral shall approve, for as long as the Attorney General prescribes, a facility

8 or method the Attorney General decides is satisfactory to achieve compli9 ance.

10 (3) Proof that an owner or operator referred to in paragraph (1) of this

11 subsection diligently has maintained a facility, or used a method, approved

12 by the Attorney General under paragraph (2) of this subsection is prima

13 facie evidence that the owner or operator acted diligently and reasonably to

14 comply with subsection (a)(1) of this section.

15 § 6905. Carriers transporting aliens from foreign contiguous

16 territory or adjacent islands

17 (a) DEFINITION.—In this section, ‘‘carrier’’ includes the owner, agent,

18 charterer, or consignee operating a vessel or aircraft bringing an alien to

19 the United States, to a foreign territory contiguous to the United States,

20 or to an adjacent island.

21 (b) CARRIER CONTRACTS.—(1) The Attorney General may make a con22 tract with a carrier for—

23 (A) the entry and inspection of aliens coming to the United States

24 from a foreign territory contiguous to the United States or from an

25 adjacent island; and

26 (B) a guarantee of passage through the United States in immediate

27 and continuous transit of aliens destined for a foreign country.

28 (2) A carrier may allow an alien from a foreign territory contiguous to

29 the United States or from an adjacent island to land in the United States

30 only if the carrier has made a contract required by the Attorney General

31 under paragraph (1)(A) of this subsection.

32 (c) LANDING STATIONS.—A carrier transporting an alien passenger for

33 compensation from a foreign territory contiguous to the United States or

34 from an adjacent island to the United States—

35 (1) shall provide and maintain at its expense a suitable landing sta36 tion conveniently located at the place of entry in the United States; and

37 (2) may land any such alien passenger in the United States only if

38 the Attorney General approves the landing station and the maintenance

39 of the station.
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1 § 6906. Prohibitions on bringing certain aliens to the United

2 States

3 (a) ALIENS NOT HAVING PASSPORTS AND VISAS.—A person may not

4 bring to the United States (except from a foreign territory contiguous to

5 the United States) an alien who does not have a passport and a visa, if a

6 visa is required by this title or regulations prescribed under this title.

7 (b) ALIENS EXCLUDABLE BECAUSE OF HEALTH.—(1) An owner, agent,

8 master, commanding officer, charterer, or consignee of a vessel or aircraft

9 may not bring to the United States an alien who is excludable under section

10 6302(a) of this title.

11 (2) Paragraph (1) of this subsection does not apply if—

12 (A) the alien is a crewmember;

13 (B) the alien is allowed to land in the United States;

14 (C) the alien has an immigrant visa;

15 (D) the alien has a nonimmigrant visa or other documentation au16 thorizing the alien to apply for temporary admission to the United

17 States and applies for admission not later than 120 days after the date

18 the visa or documentation was issued;

19 (E) the alien has a reentry permit and applies for admission not

20 later than 120 days after the date of the alien’s last inspection and

21 admission;

22 (F)(i) the alien has a nonimmigrant visa or other documentation au23 thorizing the alien to apply for temporary admission to the United

24 States or a reentry permit;

25 (ii) the alien applies for admission more than 120 days after the date

26 the visa or documentation was issued or after the date of the last in27 spection and admission under the reentry permit; and

28 (iii) the owner, agent, master, commanding officer, charterer, or con29 signee of the vessel or aircraft satisfies the Attorney General that the

30 existence of the excluding condition could not have been discovered by

31 exercising reasonable care before the alien boarded the vessel or air32 craft; or

33 (G) the alien is entitled by law to exemption from the grounds of

34 exclusion in subchapter I of chapter 63 of this title.

35 (c) ALIENS EXCLUDED OR DEPORTED.—(1) An owner, agent, master,

36 commanding officer, person in charge, purser, or consignee of a vessel or

37 aircraft may not knowingly bring to the United States an alien who has

38 been—

39 (A) excluded from admission; or

40 (B) arrested and deported under law.
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1 (2) Paragraph (1) of this subsection does not apply if the alien is a crew2 member or is entitled to reapply for admission to the United States.

3 § 6907. Requirements to detain, deliver, receive, and deport

4 aliens

5 (a) GENERAL REQUIREMENTS.—An owner, agent, master, commanding

6 officer, person in charge, purser, or consignee of a vessel or aircraft bring7 ing an alien (except an alien crewmember) to the United States shall—

8 (1) detain the alien on the vessel or at the airport of arrival as re9 quired by this title or as ordered by an immigration officer;

10 (2) deliver the alien to an immigration officer for inspection or to

11 a medical officer for examination when ordered by an immigration offi12 cer;

13 (3) receive the alien back on the vessel or aircraft or another vessel

14 or aircraft owned or operated by the same interests if the alien is or15 dered deported under section 6335 of this title; and

16 (4) take the alien to the foreign country to which the alien is ordered

17 deported.

18 (b) ALIEN STOWAWAYS.—An owner, agent, master, commanding officer,

19 charterer, or consignee of a vessel or aircraft arriving in the United States

20 with an alien stowaway—

21 (1) may not permit the stowaway to land in the United States, ex22 cept—

23 (A) temporarily for medical treatment; or

24 (B) under regulations prescribed by the Attorney General for

25 the departure, removal, or deportation of alien stowaways from the

26 United States; and

27 (2) if ordered by an immigration officer, shall deport the stowaway

28 on the vessel or aircraft or on another vessel or aircraft.

29 § 6908. Costs of detention

30 (a) GENERAL.—Except as provided in subsection (b) of this section and

31 section 6335(d)(2) of this title, an owner of a vessel or aircraft bringing

32 an alien to the United States shall pay the costs of detaining and maintain33 ing the alien while the alien is detained under section 6907(a)(1) of this

34 title.

35 (b) NONAPPLICATION.—Subsection (a) of this section does not apply if—

36 (1) the alien is a crewmember;

37 (2) the alien has an immigrant visa;

38 (3) the alien has a nonimmigrant visa or other documentation au39 thorizing the alien to apply for temporary admission to the United

40 States and applies for admission not later than 120 days after the date

41 the visa or documentation was issued;
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1 (4) the alien has a reentry permit and applies for admission not later

2 than 120 days after the date of the alien’s last inspection and admis3 sion;

4 (5)(A) the alien has an nonimmigrant visa or other documentation

5 authorizing the alien to apply for temporary admission to the United

6 States or a reentry permit;

7 (B) the alien applies for admission more than 120 days after the

8 date the visa or documentation was issued or after the date of the last

9 inspection and admission under the reentry permit; and

10 (C) the owner of the vessel or aircraft satisfies the Attorney General

11 that the existence of the excluding condition could not have been dis12 covered by exercising reasonable care before the alien boarded the ves13 sel or aircraft; or

14 (6) the individual claims to be a national of the United States and

15 has a United States passport.

16 § 6909. Fees for inspecting passengers

17 (a) FEES.—In addition to any other fee authorized by law, the Attorney

18 General shall charge and collect $6 for the immigration inspection of each

19 passenger arriving at a port of entry in the United States, or for the

20 preinspection of each passenger in a place outside the United States before

21 arrival, on a commercial vessel or commercial aircraft. However, that fee

22 may not be charged and collected for—

23 (1) a passenger on a commercial vessel if the passenger’s journey

24 originated in Canada, Mexico, a territory or possession of the United

25 States, or an adjacent island; or

26 (2) a passenger in transit to a destination outside the United States

27 and for whom immigration inspection services are not provided.

28 (b) COLLECTION.—(1) A person issuing a document or ticket to an indi29 vidual for transportation on a commercial vessel or commercial aircraft to

30 the United States shall—

31 (A) collect from the individual the fee charged under subsection (a)

32 of this section when the document or ticket is issued; and

33 (B) identify on that document or ticket the fee charged under sub34 section (a) of this section as a United States Government inspection

35 fee.

36 (2) If a document or ticket for transportation of a passenger to the

37 United States is issued in a foreign country and the fee charged under sub38 section (a) of this section is not collected when the document or ticket is

39 issued, the person providing the transportation shall collect the fee when the

40 passenger departs from the United States and give the passenger a receipt

41 for payment of the fee.
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1 (3) The person collecting a fee under this section shall pay the fee to the

2 Attorney General before the 31st day after the end of the calendar quarter

3 in which the fee is collected, except that—

4 (A) the 4th quarter payment for fees collected from passengers on

5 commercial aircraft shall be paid on the 10th day before the end of

6 the fiscal year; and

7 (B) the first quarter payment shall include any collections made in

8 the prior quarter that were not paid with the prior payment.

9 (4) Fees collected under this section shall be deposited as offsetting re10 ceipts in the Treasury in the Immigration User Fee Account established

11 under section 317(a) of this title.

12 (c) REGULATIONS.—Regulations prescribed by the Attorney General for

13 the collection of fees and payment of those fees under this section shall be

14 consistent with regulations prescribed by the Secretary of the Treasury for

15 the collection and remittance of taxes imposed by subchapter C of chapter

16 33 of the Internal Revenue Code of 1986 (26 U.S.C. ch. 33, subch. C), but

17 only to the extent the latter regulations are not inconsistent with this sec18 tion.

19 PART E—ADDITIONAL REQUIREMENTS AND

20 LIMITATIONS

21 CHAPTER 81—REGISTRATION AND FINGERPRINTING

Sec.

8101. Registration and fingerprinting requirements.

8102. Forms and oath.

8103. Certificates of alien registration and alien registration receipt cards.

8104. Address notification.

8105. Confidentiality of records.

22 § 8101. Registration and fingerprinting requirements

23 (a) GENERAL REQUIREMENTS.—Except as provided in subsection (c) of

24 this section—

25 (1) an alien applying for a visa shall be registered and shall provide

26 signed copies of a photograph of the alien to be used as prescribed by

27 regulation;

28 (2) an alien at least 14 years of age who remains in the United

29 States for at least 30 days and has not been registered and

30 fingerprinted under clause (1) of this subsection or section 30 or 31

31 of the Alien Registration Act, 1940, shall apply for registration and

32 fingerprinting within those 30 days;

33 (3) if an alien less than 14 years of age remains in the United States

34 for at least 30 days and has not been registered under clause (1) of

35 this subsection, the parent or legal guardian of the alien shall apply

36 for registration of the alien within those 30 days; and
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1 (4) an alien who becomes 14 years of age in the United States shall

2 apply for registration and fingerprinting within 30 days after becoming

3 14 years of age.

4 (b) SPECIAL REQUIREMENTS FOR CERTAIN ALIENS.—The Attorney Gen5 eral may prescribe special regulations and forms for registering and

6 fingerprinting—

7 (1) alien crewmembers;

8 (2) holders of border crossing identification cards;

9 (3) aliens confined in institutions in the United States;

10 (4) aliens under order of deportation; and

11 (5) aliens not lawfully admitted for permanent residence.

12 (c) WAIVERS AND NONAPPLICATION.—(1) The Secretary of State may

13 waive subsection (a)(1) of this section for an alien described in section 2301

14 or 2302 of this title or an alien issued a diplomatic visa on a diplomatic

15 passport or on equivalent documentation.

16 (2) On a reciprocal basis, the Attorney General may waive the

17 fingerprinting requirement of subsection (a) (2)–(4) of this section for a

18 nonimmigrant.

19 (3) Subsections (a) (2)–(4) and (b) of this section do not apply to an

20 alien with the status of a nonimmigrant classified under section 2301 or

21 2302 of this title.

22 § 8102. Forms and oath

23 (a) FORMS.—The Attorney General and Secretary of State jointly shall

24 prepare forms for registering aliens under section 8101(a)(1) of this title.

25 The Attorney General shall prepare forms for registering and fingerprinting

26 aliens under section 8101 (a)(2)–(4) of this title. The forms shall request

27 information on—

28 (1) the date and place of entry of the alien into the United States;

29 (2) activities and intended activities of the alien;

30 (3) the period of time the alien expects to remain in the United

31 States;

32 (4) any police and criminal records of the alien; and

33 (5) additional information as prescribed.

34 (b) OATH.—Information required for registration under this chapter shall

35 be given under oath. An individual authorized by regulations prescribed by

36 the Attorney General to register aliens under this chapter may administer

37 the oath.

38 § 8103. Certificates of alien registration and alien registra39 tion receipt cards

40 (a) ISSUANCE.—An alien in the United States who has been registered

41 and fingerprinted under this chapter or the Alien Registration Act, 1940,
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1 shall be issued a certificate of alien registration or an alien registration re2 ceipt card in the form and way, and at the time, the Attorney General pre3 scribes by regulation.

4 (b) CARD TO BE CARRIED.—An alien at least 18 years of age shall carry

5 at all times the certificate of alien registration or alien registration receipt

6 card issued to the alien under this section.

7 § 8104. Address notification

8 (a) NOTICE OF CHANGE OF ADDRESS.—Each alien in the United States

9 who is required to register under this chapter shall—

10 (1) notify the Attorney General in writing of each new address of

11 the alien within 10 days after the date of a change of address; and

12 (2) provide with the notice additional information the Attorney Gen13 eral may require by regulation.

14 (b) NOTICE OF NATIVES’ CURRENT ADDRESSES.—The Attorney General

15 may require, on 10 days’ notice, the natives of a foreign country or a class

16 or group of natives of a foreign country who are in the United States and

17 required to register under this chapter to notify the Attorney General of

18 their current addresses and to provide the Attorney General additional in19 formation the Attorney General may require.

20 (c) NOTICE FOR ALIENS LESS THAN 14 YEARS OF AGE.—A parent or

21 legal guardian of an alien less than 14 years of age who is required to reg22 ister shall be given the notice required by this section.

23 § 8105. Confidentiality of records

24 A registration or fingerprinting record made under this chapter is con25 fidential and may be made available only to—

26 (1) law enforcement agencies of the United States Government,

27 States, and localities; and

28 (2) persons and agencies the Attorney General designates.

29 CHAPTER 83—MISCELLANEOUS

Sec.

8301. Notice of denial of visa, admission, or adjustment of status.

8302. Restriction on immigration of officers and employees of foreign governments and international organizations.

8303. Ineligibility of section 2312 nonimmigrants for certain benefits.

8304. Sanctions for frivolous legal actions.

8305. United States Government assistance in incarcerating undocumented criminal aliens.

30 § 8301. Notice of denial of visa, admission, or adjustment of

31 status

32 If a consular officer or an immigration officer denies an alien’s applica33 tion for a visa, admission to the United States, or adjustment of status be34 cause the officer finds the alien to be ineligible under section 2121(a),

35 4104(c)(2), (d)(3), or (g)(1) or (2), 4311(a), or 9107 of this title or exclud36 able under subchapter I of chapter 63 of this title, the officer shall provide
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1 the alien with a timely written notice of the denial. The notice shall state

2 the decision and list the specific provisions of law on which the denial is

3 based.

4 § 8302. Restriction on immigration of officers and employees

5 of foreign governments and international organi6 zations

7 An officer or employee of a government of a foreign country or an inter8 national organization, and an attendant, servant, employee, or member of

9 the immediate family of the officer or employee, may apply for and be is10 sued an immigrant visa and be admitted to the United States as an immi11 grant only after executing the same waiver as provided in section 9106(c)(2)

12 of this title.

13 § 8303. Ineligibility of section 2312 nonimmigrants for cer14 tain benefits

15 (a) INELIGIBILITY.—An alien admitted to the United States as a non16 immigrant classified under section 2312 of this title, or provided status as

17 a nonimmigrant classified under section 2312 after admission, is ineligible

18 to apply for an immigrant visa, permanent residence, or a nonimmigrant

19 visa under sections 2313–2317 and 2325 of this title until it is established

20 that the alien has resided and been physically present in the foreign country

21 of the alien’s nationality or last residence for a total of at least 2 years after

22 leaving the United States, if—

23 (1) the alien’s participation in the program for which the alien came

24 to the United States was financed, directly or indirectly, in any part

25 by the United States Government or by the government of the foreign

26 country of the alien’s nationality or last residence;

27 (2) the alien, at the time the alien was admitted or provided status

28 as a nonimmigrant classified under section 2312 of this title, was a na29 tional or resident of a foreign country that the Director of the United

30 States Information Agency (under regulations the Director prescribed)

31 designated as clearly requiring the services of individuals engaged in

32 the alien’s field of specialized knowledge or skill; or

33 (3) the alien came to the United States or acquired status as a non34 immigrant classified under section 2312 of this title to receive graduate

35 medical education or training.

36 (b) WAIVERS.—Except as provided in subsection (c) of this section, the

37 Attorney General may waive the 2-year residence requirement of subsection

38 (a) of this section if the Attorney General finds that admitting the alien

39 would be in the public interest, after receiving a favorable recommendation

40 from—

41 (1) the Director—
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1 (A) because of a request from an interested agency or, in the

2 case of an alien described in subsection (a)(3) of this section, a

3 request from a State Department of Public Health or its equiva4 lent; or

5 (B) if the foreign country of the alien’s nationality or last resi6 dence provides the Director with a written statement that it does

7 not object to the waiver, except that this subclause does not apply

8 to an alien described in subsection (a)(3) of this section; or

9 (2) the Commissioner of Immigration and Naturalization if the Com10 missioner finds that—

11 (A) departure from the United States would impose exceptional

12 hardship on the alien’s spouse or child when the spouse or child

13 is a citizen of the United States or lawfully admitted for perma14 nent residence; or

15 (B) the alien would be subject to persecution on account of race,

16 religion, or political opinion if the alien returned to the foreign

17 country of the alien’s nationality or last residence.

18 (c) RESTRICTION ON WAIVER REQUESTED BY STATE.—(1) The Attorney

19 General may grant a waiver requested by a State Department of Public

20 Health, or its equivalent, under subsection (b) of this section for an alien

21 described in subsection (a)(3) of this section only if—

22 (A) in the case of an alien contractually obligated to return to a for23 eign country, the government of the country provides the Director with

24 a written statement that the country does not object to the waiver;

25 (B) the alien demonstrates an offer of full-time employment at a

26 health care facility and agrees—

27 (i) to begin employment at the facility not later than 90 days

28 after receiving the waiver; and

29 (ii) to continue to work as provided in paragraph (2) of this

30 subsection at that facility for at least 3 years, or a shorter period

31 of time, if the Attorney General decides that extenuating cir32 cumstances such as the closure of the facility or hardship to the

33 alien justifies the shorter period;

34 (C) the alien agrees to practice medicine as provided in paragraph

35 (2) of this subsection for at least 3 years only in geographic areas the

36 Secretary of Health and Human Services designates as having a short37 age of health care professionals; and

38 (D) the grant of the waiver would not cause the number of waivers

39 allotted for that State for that fiscal year to exceed 20.

40 (2)(A) Notwithstanding section 9109(b)(3) of this title, the Attorney Gen41 eral may change the status of an alien who qualifies under this subsection
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1 and subsection (a) of this section to that of an alien classified under section

2 2313 of this title.

3 (B) An alien who has acquired a change of status under subparagraph

4 (A) of this paragraph and who has not fulfilled the terms of a contract with

5 a health care facility is ineligible to apply for an immigrant visa, for perma6 nent residence, or for any other change of nonimmigrant status until it is

7 established that the alien has resided and been physically present in the for8 eign country of the alien’s nationality or last residence for a total of at least

9 2 years after leaving the United States.

10 (C) If an alien described in paragraph (1)(C) of this subsection (except

11 a special immigrant under section 134(a)(8) of this title) practices medicine

12 during the 3-year period described in paragraph (1)(C) in an area not des13 ignated by the Secretary as having a shortage of health care professionals—

14 (i) the waiver granted that alien under subsection (b) of this section

15 is revoked; and

16 (ii) the 2-year foreign residence requirement under subsection (a) of

17 this section applies to that alien.

18 § 8304. Sanctions for frivolous legal actions

19 (a) REGULATIONS.—The Attorney General by regulation shall—

20 (1) define frivolous behavior for which attorneys may be sanctioned

21 in a proceeding before an immigration judge or an appellate adminis22 trative body under this subtitle;

23 (2) specify the circumstances under which an administrative appeal

24 of a decision or ruling will be considered frivolous and summarily dis25 missed; and

26 (3) impose appropriate sanctions (that may include suspension and

27 disbarment) for frivolous behavior.

28 (b) NONLIMITATION OF AUTHORITY.—This section does not limit the au29 thority of the Attorney General to take action for inappropriate behavior.

30 § 8305. United States Government assistance in incarcerat31 ing undocumented criminal aliens

32 (a) DEFINITION.—In this section, ‘‘undocumented criminal alien’’ means

33 an alien who—

34 (1) has been convicted of a felony and sentenced to a term of impris35 onment; and

36 (2)(A) entered the United States without inspection or at a time or

37 place not designated by the Attorney General;

38 (B) was the subject of an exclusion or deportation proceeding when

39 taken into custody by a State or political subdivision of a State; or

40 (C) was admitted as a nonimmigrant and, when taken into custody

41 by a State or political subdivision of a State—
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1 (i) had not maintained the nonimmigrant status under which

2 the alien was admitted or which the the alien acquired under sec3 tion 9109 of this title; or

4 (ii) had not complied with a condition of the nonimmigrant sta5 tus.

6 (b) UNITED STATES GOVERNMENT RESPONSIBILITIES.—(1) If the chief

7 executive officer of a State (or, if appropriate, a political subdivision of a

8 State) exercising authority for the incarceration of an undocumented crimi9 nal alien submits a written request to the Attorney General, the Attorney

10 General, as the Attorney General decides, shall—

11 (A) make a contract providing for compensation to the State or po12 litical subdivision of the State, as appropriate, for incarceration of the

13 alien; or

14 (B) take the alien into the custody of the United States Government

15 and incarcerate the alien.

16 (2) Compensation under paragraph (1)(A) of this subsection shall be the

17 average cost of incarceration of a prisoner in the relevant State as deter18 mined by the Attorney General.

19 (3)(A) In carrying out paragraph (1) of this subsection, the Attorney

20 General shall give priority to the Government’s incarceration of undocu21 mented criminal aliens who have committed an aggravated felony.

22 (B) The Attorney General shall ensure that undocumented criminal aliens

23 incarcerated in Government facilities under this section are held in facilities

24 that provide a level of security appropriate to the offenses of which they

25 were convicted.

26 (c) AUTHORIZATION OF APPROPRIATIONS.—(1) Amounts necessary to

27 carry out this section may be appropriated. Of those amounts, the following

28 amounts may be appropriated from the Violent Crime Reduction Trust

29 Fund:

30 (A) $130,000,000 for the fiscal year ending September 30, 1995.

31 (B) $300,000,000 for the fiscal year ending September 30, 1996.

32 (C) $330,000,000 for the fiscal year ending September 30, 1997.

33 (D) $350,000,000 for the fiscal year ending September 30, 1998.

34 (E) $350,000,000 for the fiscal year ending September 30, 1999.

35 (F) $340,000,000 for the fiscal year ending September 30, 2000.

36 (2) Beginning October 1, 2004, the requirements of this section are not

37 subject to the availability of appropriations.

38 PART F—ADJUSTMENT AND CHANGE OF STATUS

39 CHAPTER 91—ADJUSTMENT AND CHANGE OF STATUS

Sec.

9101. Aliens inspected and admitted or paroled into the United States.
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9102. Aliens who entered the United States without inspection and certain other aliens.

9103. Aliens admitted as foreign government officials and their families.

9104. Aliens whose deportation is suspended.

9105. Aliens entering the United States before January 1, 1972.

9106. Aliens lawfully admitted for permanent residence.

9107. Additional requirements for aliens adjusting to certain employment-based immigrant

status.

9108. Rescission of adjustment of status to alien lawfully admitted for permanent residence.

9109. Change of status.

1 § 9101. Aliens inspected and admitted or paroled into the

2 United States

3 (a) REQUIREMENTS.—Except as provided in subsections (e)–(g) of this

4 section, the Attorney General may adjust the status of an alien inspected

5 and admitted or paroled into the United States to that of an alien lawfully

6 admitted for permanent residence if—

7 (1) the alien applies for the adjustment, is eligible to receive an im8 migrant visa, and is admissible to the United States for permanent res9 idence; and

10 (2) an immigrant visa is immediately available to the alien when the

11 application for adjustment is filed.

12 (b) RECORDATION OF ADJUSTMENT.—On approving an application for

13 adjustment of status under subsection (a) of this section, the Attorney Gen14 eral shall record the lawful admission of the alien for permanent residence

15 as of the date of approval.

16 (c) REDUCTION IN NUMBER OF AUTHORIZED IMMIGRANT VISAS.—For

17 each alien lawfully admitted for permanent residence under this section, the

18 Secretary of State shall reduce by one the number of immigrant visas that

19 may be issued under sections 4103–4105 and 4110 of this title within the

20 class to which the alien is chargeable for the current fiscal year.

21 (d) APPLICATION TO CERTAIN SPECIAL IMMIGRANTS.—(1) In applying

22 this section to a special immigrant as defined in section 134(a)(12) of this

23 title—

24 (A) the alien is deemed to have been paroled into the United States;

25 (B) when the Attorney General is deciding on the alien’s admissibil26 ity as an immigrant—

27 (i) sections 4311(a), 6304(a), 6313(a)(2) and (c), and 9107 of

28 this title do not apply;

29 (ii) the Attorney General may waive subchapter I of chapter 63

30 of this title (except as provided in subclause (iii) of this clause)

31 for an alien for humanitarian purposes, to ensure family unity, or

32 when it is otherwise in the public interest; and

33 (iii) the Attorney General may not waive section 6307(a)(1)–(4),

34 6308(a)–(c), or 6309 of this title, except as section 6307(a)(3) re-
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1 lates to a single offense of simple possession of not more than 30

2 grams of marijuana;

3 (C) the relationship between an alien and the alien’s natural parents

4 or prior adoptive parents is not a factor in making a waiver under

5 clause (B)(ii) of this paragraph; and

6 (D) this paragraph and section 134(a)(12) of this title do not au7 thorize an alien to apply for admission or be admitted to the United

8 States to obtain the special immigrant status as defined in section

9 134(a)(12).

10 (2) In applying this section to a special immigrant as defined in section

11 134(a)(13) of this title, the alien is deemed to have been paroled into the

12 United States.

13 (e) APPLICATION TO NONIMMIGRANTS CLASSIFIED UNDER SECTION

14 2326.—(1) The Attorney General may adjust the status of an alien admit15 ted to the United States as a nonimmigrant classified under section

16 2326(a)(1) of this title (and the spouse, married and unmarried sons and

17 daughters, and parents of the alien if admitted under section 2326(a)(1))

18 to that of an alien lawfully admitted for permanent residence if—

19 (A) the alien is not described in section 6309 of this title; and

20 (B) the Attorney General finds the nonimmigrant has supplied infor21 mation described in section 2326(a)(1)(A) of this title and providing

22 that information has contributed substantially to the success of an au23 thorized criminal investigation or the prosecution of an individual de24 scribed in section 2326(a)(1)(C) of this title.

25 (2) The Attorney General may adjust the status of an alien admitted to

26 the United States as a nonimmigrant classified under section 2326(a)(2) of

27 this title (and the spouse, married and unmarried sons and daughters, and

28 parents of the alien if admitted under section 2326(a)(2)) to that of an

29 alien lawfully admitted for permanent residence if—

30 (A) the alien is not described in section 6309 of this title;

31 (B) the Attorney General finds the nonimmigrant has supplied infor32 mation described in section 2326(a)(2)(A) and providing that informa33 tion has contributed substantially to—

34 (i) the prevention or frustration of an act of terrorism against

35 a person or property of the United States; or

36 (ii) the success of an authorized criminal investigation of, or the

37 prosecution of, an individual involved in the act of terrorism; and

38 (C) the nonimmigrant has received a reward under section 36(a) of

39 the State Department Basic Authorities Act of 1956 (22 U.S.C.

40 2708(a)).
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1 (3) Only the Attorney General may make a finding under paragraph (2)

2 of this subsection.

3 (4) On approving an adjustment of status under this subsection, the At4 torney General shall record the alien’s lawful admission for permanent resi5 dence as of the date of approval and the Secretary of State shall reduce

6 by one the number of visas authorized to be issued under sections

7 4102(b)(1) and 4104(e) of this title for the current fiscal year.

8 (f) NONAPPLICATION.—Subsection (a) of this section does not apply to—

9 (1) an alien crewmember;

10 (2) an alien admitted in immediate and continuous transit without

11 a visa under section 2121(b)(3) of this title;

12 (3) an alien (except an immediate relative and a special immigrant

13 as defined in section 134(a)(8)–(13) of this title) who—

14 (A) after January 1, 1977, and before applying for an adjust15 ment of status, engages in or accepts unauthorized employment;

16 (B) has an unlawful immigration status on the date of filing the

17 application for an adjustment of status; or

18 (C) except through no fault of the alien or for technical reasons,

19 has not maintained continuously a lawful status since entering the

20 United States;

21 (4) an alien (except an immediate relative) admitted as a non22 immigrant visitor without a visa under section 2121(c) or 2127 of this

23 title; or

24 (5) an alien who was admitted as a nonimmigrant classified under

25 section 2326 of this title.

26 (g) ALIENS WHOSE STATUS MAY NOT BE ADJUSTED.—(1) The Attorney

27 General may not adjust, under subsection (a) of this section, the status of—

28 (A) an alien lawfully admitted for permanent residence on a condi29 tional basis under subchapter I of chapter 45 of this title;

30 (B) a nonimmigrant classified under section 2309(a) of this title, ex31 cept to that of an alien lawfully admitted for permanent residence on

32 a conditional basis under subchapter I of chapter 45 of this title, be33 cause of the marriage of the nonimmigrant (or, if a child, the parent)

34 to the citizen who filed the petition under section 2309(b) of this title;

35 or

36 (C) an alien seeking an immigrant visa because of a marriage en37 tered into during the period an administrative or judicial proceeding on

38 the alien’s right to enter or remain in the United States is pending.

39 (2)(A) Paragraph (1)(C) of this subsection does not apply to a marriage

40 if the alien establishes by clear and convincing evidence satisfactory to the

41 Attorney General that—
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1 (i) the marriage was entered into in good faith and under the laws

2 of the place where the marriage took place;

3 (ii) the marriage was not entered into to procure the alien’s entry

4 as an immigrant; and

5 (iii) no consideration was given, except to an attorney for assistance

6 in preparing a petition, for filing a petition under section 2309(b) or

7 4301(a) or (b) of this title for an alien spouse or alien son or daughter.

8 (B) Under regulations of the Attorney General, the Attorney General

9 shall allow only one level of administrative appellate review for each alien

10 under this paragraph.

11 § 9102. Aliens who entered the United States without in12 spection and certain other aliens

13 (a) WHO MAY APPLY.—An alien physically present in the United States

14 who entered the United States without inspection or who is described in sec15 tion 9101(f) of this title may apply to the Attorney General to adjust the

16 status of the alien to that of an alien lawfully admitted for permanent resi17 dence.

18 (b) ACCEPTANCE OF APPLICATION.—(1) The Attorney General may ac19 cept the application only if the alien remits with the application an amount

20 equal to 5 times the fee required for processing an application under section

21 9101 of this title as of the date of receipt of the application. The amount

22 required under this subsection is in addition to the fee normally required

23 for processing an application under section 9101.

24 (2) This subsection does not apply to—

25 (A) a child who is less than 17 years of age; or

26 (B) an alien who—

27 (i) is the spouse or unmarried child of an individual who at any

28 time became lawfully admitted for temporary or permanent resi29 dence under chapter 93 of this title, section 210 of the Immigra30 tion and Nationality Act (ch. 477, 66 Stat. 163), or section 202

31 of the Immigration Reform and Control Act of 1986 (Public Law

32 99–603, 100 Stat. 3404);

33 (ii) was the spouse or unmarried child of that individual on May

34 5, 1988;

35 (iii) entered the United States before May 5, 1988, resided in

36 the United States on May 5, 1988, and is not a lawful permanent

37 resident; and

38 (iv) applied for benefits under section 301(a) of the Immigra39 tion Act of 1990 (Public Law 101–649, 104 Stat. 5029).
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1 (c) ADJUSTMENT MADE.—On receiving the application and the required

2 amount, the Attorney General may adjust the status of the alien to that

3 of an alien lawfully admitted for permanent residence if—

4 (1) the alien is eligible to receive an immigrant visa and is admissible

5 to the United States for permanent residence; and

6 (2) an immigrant visa is available to the alien immediately when the

7 application is filed.

8 (d) DISPOSAL OF AMOUNTS.—The Attorney General shall dispose of

9 amounts remitted under this section as provided in section 318 of this title.

10 (e) FINGERPRINT IDENTIFICATION CHECKS.—The Attorney General shall

11 conduct complete fingerprint identification checks through the Federal Bu12 reau of Investigation for all individuals over 16 years of age who are adjust13 ing their immigration status under this section.

14 (f) ENDING DATE.—This section ends on October 1, 1997.

15 § 9103. Aliens admitted as foreign government officials and

16 their families

17 (a) REQUIREMENTS.—An alien admitted to the United States as a non18 immigrant classified under section 2301(1) or (2) or 2302(1)–(3) of this

19 title, who does not maintain nonimmigrant status under any of those provi20 sions, may apply to the Attorney General to adjust the status of the alien

21 to that of an alien lawfully admitted for permanent residence. After consult22 ing with the Secretary of State, the Attorney General may adjust the status

23 of the alien if the Attorney General is satisfied that—

24 (1) the alien has demonstrated compelling reasons why the alien can25 not return to the country represented by the government that accred26 ited the alien or a member of the alien’s immediate family and that

27 adjusting the status of the alien is in the interest of the United States;

28 (2) the alien is of good moral character;

29 (3) the alien is admissible for permanent residence under this title;

30 and

31 (4) adjusting the alien’s status under this subsection would not be

32 contrary to the welfare, safety, or security of the United States.

33 (b) RECORDATION OF ADJUSTMENT AND REPORT TO CONGRESS.—If the

34 Attorney General adjusts the status of an alien under subsection (a) of this

35 section, the Attorney General—

36 (1) may record the lawful admission of the alien for permanent resi37 dence as of the date of the adjustment; and

38 (2) shall submit to Congress, on the first day of the next month in

39 which Congress is in session—

40 (A) a complete and detailed report of the facts and law in the

41 alien’s case; and
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1 (B) the Attorney General’s reasons for the adjustment.

2 (c) REDUCTION IN NUMBER OF IMMIGRANT VISAS.—(1) For each alien

3 lawfully admitted for permanent residence under this section, the Secretary

4 of State shall reduce by one the number of immigrant visas for the foreign

5 country to which the alien is chargeable under section 4111 of this title for

6 the current fiscal year or the next fiscal year in which a visa is available

7 if the alien was classifiable as an immigrant subject to the numerical limita8 tions of sections 4102–4105 and 4110 of this title when the alien entered

9 the United States.

10 (2) The Secretary may not reduce the numerical limitations for the for11 eign country under this section by more than 50 percent in a fiscal year.

12 (d) NUMERICAL LIMITATION.—The Attorney General may admit as aliens

13 lawfully admitted for permanent residence under this section not more than

14 50 aliens in a fiscal year.

15 § 9104. Aliens whose deportation is suspended

16 The Attorney General shall—

17 (1) adjust the status of an alien whose deportation the Attorney

18 General suspends under section 6539(a) of this title to that of an alien

19 lawfully admitted for permanent residence; and

20 (2) record the lawful admission of the alien for permanent residence

21 as of the date the Attorney General suspends the deportation.

22 § 9105. Aliens entering the United States before January 1,

23 1972

24 (a) REQUIREMENTS.—On approval of an application of an alien, the At25 torney General may adjust the status of the alien to that of an alien law26 fully admitted for permanent residence if—

27 (1) a record of the lawful admission of the alien for permanent resi28 dence is not available; and

29 (2) the alien satisfies the Attorney General that the alien—

30 (A) entered the United States before January 1, 1972, and has

31 resided in the United States continuously since the alien’s entry;

32 (B) is of good moral character;

33 (C) is not ineligible for citizenship; and

34 (D) is not excludable under—

35 (i) section 6309 of this title; or

36 (ii) a provision of subchapter I of chapter 63 of this title

37 related to criminals, immoral individuals, violators of narcotic

38 laws, smugglers of aliens, or national security.

39 (b) RECORDATION OF ADJUSTMENT.—If the Attorney General adjusts

40 the status of an alien under subsection (a) of this section, the Attorney Gen-
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1 eral shall record the lawful admission of the alien for permanent residence

2 as of the date—

3 (1) the alien entered the United States if the alien entered before

4 July 1, 1924; or

5 (2) the Attorney General approves the alien’s application for an ad6 justment of status under this section.

7 (c) PHOTOGRAPHS.—An alien applying for an adjustment of status under

8 this section must provide the Attorney General with 3 identical photographs

9 of the alien.

10 (d) NONAPPLICATION OF NUMERICAL LIMITATIONS.—The numerical lim11 itations of sections 4102 and 4110 of this title do not apply to an alien

12 whose status is adjusted under this section.

13 § 9106. Aliens lawfully admitted for permanent residence

14 (a) ADJUSTMENT TO NONIMMIGRANT STATUS.—Except as provided in

15 subsection (c) of this section, the Attorney General shall adjust the status

16 of an alien lawfully admitted for permanent residence to that of a non17 immigrant classified under section 2301, 2302, or 2306 of this title if at

18 the time of entry or after the alien enters the United States the alien is

19 engaged in an occupation that would entitle the alien to the status of a non20 immigrant classified under section 2301, 2302, or 2306 if the alien were

21 seeking to be admitted to the United States.

22 (b) RECORD OF ADMISSION FOR PERMANENT RESIDENCE CANCELED.—

23 The Attorney General shall cancel the record of the admission of the alien

24 for lawful permanent residence as of the date the Attorney General adjusts

25 the alien’s status under this section.

26 (c) NONAPPLICATION.—This section does not apply to an alien who—

27 (1) requests the Attorney General not to adjust the alien’s status

28 under this section; and

29 (2) files with the Attorney General a written waiver of the rights,

30 privileges, exemptions, and immunities that the alien otherwise would

31 be entitled to under a law or executive order because the alien is en32 gaged in an occupation that entitles the alien to the status of a non33 immigrant classified under section 2301, 2302, or 2306 of this title.

34 § 9107. Additional requirements for aliens adjusting to cer35 tain employment-based immigrant status

36 Section 4104(g) of this title applies to aliens applying for an adjustment

37 of status to that of an immigrant under section 4104(c) or (d) of this title.

38 § 9108. Rescission of adjustment of status to alien lawfully

39 admitted for permanent residence

40 (a) RESCISSION OF ADJUSTMENT OF STATUS.—If, within 5 years after

41 the Attorney General adjusts the status of an alien under any provision of
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1 law to that of an alien lawfully admitted for permanent residence, the Attor2 ney General is satisfied that the alien was not eligible for the adjustment,

3 the Attorney General shall rescind—

4 (1) the adjustment of the alien’s status; and

5 (2) the cancellation of the alien’s deportation if the Attorney General

6 canceled the deportation.

7 (b) EFFECT OF RESCISSION.—When the Attorney General rescinds an

8 adjustment under subsection (a) of this section, the alien becomes subject

9 to this title as if the Attorney General had not changed the alien’s status.

10 § 9109. Change of status

11 (a) PREREQUISITES.—Except as provided in subsection (b) of this sec12 tion, the Attorney General may change the status of an alien by changing

13 the alien’s nonimmigrant classification to another nonimmigrant classifica14 tion under conditions prescribed by the Attorney General if the alien—

15 (1) is lawfully admitted to the United States as a nonimmigrant; and

16 (2) continues to maintain that status.

17 (b) NONAPPLICATION.—The Attorney General may not make a change

18 under subsection (a) of this section if the alien—

19 (1) is admitted to the United States for passage through the United

20 States in immediate and continuous transit to a foreign country;

21 (2) is classified as a nonimmigrant under section 2304, 2305, 2309,

22 or 2326 of this title;

23 (3) is classified as a nonimmigrant under section 2312 of this title

24 and came to the United States or acquired the classification to receive

25 graduate medical education or training;

26 (4) except an alien referred to in clause (3) of this subsection, is

27 classified as a nonimmigrant under section 2312 of this title and is

28 subject to, and has not received a waiver of, the 2-year foreign resi29 dence requirement of section 8303(a) of this title, unless the alien ap30 plies to have the alien’s classification changed from a classification as

31 a nonimmigrant under section 2312 to a classification as a non32 immigrant under section 2301 or 2302 of this title; or

33 (5) is admitted as a nonimmigrant visitor without a visa under sec34 tion 2121(c) or 2127 of this title.

35 CHAPTER 93—ADJUSTMENT OF STATUS FOR CERTAIN

36 ALIENS WHO ENTERED THE UNITED STATES BEFORE

37 1982

Sec.

9301. Numerical limitations and admissions.

9302. Adjustment of status to alien lawfully admitted for temporary residence.

9303. Applications for adjustment of status to alien lawfully admitted for temporary residence.
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9304. Adjustment of status from temporary residence to permanent residence.

9305. Medical examination.

9306. Nonapplication and waiver of certain provisions of law.

9307. Fees.

9308. Confidentiality of information.

9309. Temporary stay of deportation.

9310. Temporary ineligibility to receive certain assistance.

9311. Unfavorable ending of temporary residence status.

9312. Administrative and judicial review.

9313. Administrative.

1 § 9301. Numerical limitations and admissions

2 (a) NUMERICAL LIMITATIONS.—The numerical limitations of sections

3 4102 and 4110 of this title do not apply to an adjustment of status of an

4 alien to that of an alien lawfully admitted for permanent residence under

5 this chapter.

6 (b) ADMISSIONS.—This chapter does not authorize an alien to apply for

7 admission to, or be admitted to, the United States so that the alien may

8 apply for an adjustment of status under section 9302 of this title.

9 § 9302. Adjustment of status to alien lawfully admitted for

10 temporary residence

11 (a) REQUIREMENTS.—The Attorney General shall adjust the status of an

12 alien to that of an alien lawfully admitted for temporary residence if the

13 alien meets the following requirements:

14 (1) The alien applied for the adjustment as provided in section 9303

15 of this title after May 4, 1987, and before May 5, 1988.

16 (2) The alien entered the United States before January 1, 1982.

17 (3) The alien resided continuously in the United States in an unlaw18 ful status from January 1, 1982, through the date the application for

19 the adjustment was filed under this section.

20 (4) If the alien—

21 (A) entered the United States as a nonimmigrant before Janu22 ary 1, 1982, the alien’s period of authorized stay as a non23 immigrant expired before January 1, 1982, or the United States

24 Government by January 1, 1982, knew of the unlawful status of

25 the alien; or

26 (B) was a nonimmigrant exchange alien classified under section

27 2312 of this title, the alien was not subject to the 2-year foreign

28 residence requirement of section 8303(a) of this title, fulfilled the require29 ment, or received a waiver.

30 (5) The alien has been physically present continuously in the United

31 States, except for any brief, casual, and innocent absence, since No32 vember 6, 1986.

33 (6) The alien is admissible to the United States as an immigrant,

34 except as provided in sections 9305 and 9306 of this title.
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1 (7) The alien has not been convicted of a felony or of more than 2

2 misdemeanors committed in the United States.

3 (8) The alien has not assisted in the persecution of a person on ac4 count of race, religion, nationality, membership in a particular social

5 group, or political opinion.

6 (9) The alien is registered or registering under the Military Selective

7 Service Act (50 App. U.S.C. 451 et seq.) if the Act requires the alien

8 to register.

9 (b) AUTHORIZED TRAVEL.—During the time an alien is an alien lawfully

10 admitted for temporary residence under subsection (a) of this section, the

11 Attorney General shall allow the alien to return to the United States after—

12 (1) any brief and casual trip outside the United States that reflects

13 the alien’s intent to have the alien’s status adjusted under section 9304

14 of this title to that of an alien lawfully admitted for permanent resi15 dence; and

16 (2) any brief temporary trip outside the United States because of a

17 family obligation involving the illness or death of a close relative or an18 other family need.

19 (c) AUTHORIZED EMPLOYMENT.—During the time an alien is an alien

20 lawfully admitted for temporary residence under subsection (a) of this sec21 tion, the Attorney General shall grant the alien authorization to be em22 ployed in the United States and provide to the alien an ‘‘employment au23 thorized’’ endorsement or other appropriate work permit.

24 (d) CUBAN OR HAITIAN ENTRANT.—In applying this section, a Cuban or

25 Haitian entrant described in section 13151(1) or (2)(A) of this title is

26 deemed to have entered the United States and to be in an unlawful status

27 in the United States.

28 § 9303. Applications for adjustment of status to alien law29 fully admitted for temporary residence

30 (a) CONTENTS.—An application for an adjustment of status under section

31 9302(a) of this title shall contain information the Attorney General re32 quires, including information on each living relative of the applicant with

33 respect to whom the applicant may file a petition at a later date under sec34 tion 4301(a) or (b) of this title.

35 (b) WHO MAY RECEIVE APPLICATIONS.—The Attorney General shall pro36 vide that an application for an adjustment of status under section 9302(a)

37 of this title may be filed with the Attorney General or with an entity des38 ignated under subsection (c) of this section if the applicant consents to hav39 ing the application forwarded to the Attorney General.

40 (c) DESIGNATING ENTITIES TO RECEIVE APPLICATIONS.—To assist in

41 the legalization program under this chapter, the Attorney General—
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1 (1) shall designate qualified voluntary organizations and other quali2 fied State, local, and community organizations; and

3 (2) may designate other persons the Attorney General decides are

4 qualified and have substantial experience, demonstrated competence,

5 and traditional long-term involvement in preparing and submitting ap6 plications for adjustment of status under section 5107, 9101, or 9102

7 of this title, the Act of November 2, 1966 (Public Law 89–732, 80

8 Stat. 1161), or the Act of October 28, 1977 (Public Law 95–145, 91

9 Stat. 1223).

10 (d) TREATMENT OF APPLICATIONS BY DESIGNATED ENTITIES.—An en11 tity designated under subsection (c) of this section must agree to forward

12 to the Attorney General only those applications filed with it under sub13 section (b) of this section that the applicants consent to being forwarded.

14 An entity may not make a decision under this chapter required to be made

15 by the Attorney General.

16 § 9304. Adjustment of status from temporary residence to

17 permanent residence

18 (a) REQUIREMENTS.—The Attorney General shall adjust the status of an

19 alien lawfully admitted for temporary residence under section 9302 of this

20 title to that of an alien lawfully admitted for permanent residence if the

21 alien—

22 (1) applies for the adjustment during the 2-year period beginning

23 with the 19th month that begins after the alien acquired the status of

24 an alien lawfully admitted for temporary residence;

25 (2) has resided continuously in the United States since the alien ac26 quired the status of an alien lawfully admitted for temporary residence;

27 (3) is admissible as an immigrant, except as provided in sections

28 9305 and 9306 of this title;

29 (4) has not been convicted of a felony or of more than 2 misdemean30 ors committed in the United States; and

31 (5)(A) meets the requirements of section 20301(a)(7) and (8) of this

32 title; or

33 (B) is pursuing satisfactorily a course of study, recognized by the At34 torney General, to meet the requirements of section 20301(a)(7) and

35 (8) of this title.

36 (b) EXCEPTIONS.—(1) An alien does not violate the continuous residence

37 requirement of subsection (a)(2) of this section because of an absence from

38 the United States allowed under section 9302(b) of this title.

39 (2) The Attorney General may waive any part of the requirements of sub40 section (a)(5) of this section for an alien who is at least 65 years of age

41 or developmentally disabled.
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1 (c) RELATION TO NATURALIZATION EXAMINATION.—An alien dem2 onstrating under subsection (a)(5)(A) of this section that the alien meets

3 the requirements of section 20301(a)(7) and (8) of this title may be deemed

4 to have satisfied those requirements for becoming naturalized as a citizen

5 of the United States under subtitle V of this title.

6 § 9305. Medical examination

7 An alien must undergo, at the alien’s expense, an appropriate medical ex8 amination (including establishing the alien’s immunization status) that com9 plies with generally accepted professional standards of medical practice be10 fore a decision on the alien’s admissibility under sections 9302(a)(6),

11 9304(a)(3), and 9311(2) of this title may be made.

12 § 9306. Nonapplication and waiver of certain provisions of

13 law

14 (a) GROUNDS OF EXCLUSION THAT DO NOT APPLY OR THAT MAY BE

15 WAIVED.—When the Attorney General is deciding on an alien’s admissibility

16 under sections 9302(a)(6), 9304(a)(3), and 9311(2) of this title—

17 (1) sections 4311(a), 6313, and 9107 of this title do not apply; and

18 (2) except as provided in subsection (b) of this section, the Attorney

19 General may waive section 2121(a) and subchapter I of chapter 63 of

20 this title for an individual alien—

21 (A) for humanitarian purposes;

22 (B) to ensure family unity; or

23 (C) when otherwise in the public interest.

24 (b) GROUNDS THAT MAY NOT BE WAIVED.—Notwithstanding subsection

25 (a)(2) of this section, the Attorney General may not waive—

26 (1) section 6304(a) of this title to the extent it relates to an applica27 tion for adjustment of status to an alien lawfully admitted for perma28 nent residence, except that section 6304(a) may be waived for an alien

29 who is or was an aged, blind, or disabled individual (as defined in sec30 tion 1614(a)(1) of the Social Security Act (42 U.S.C. 1382c(a)(1)));

31 (2) section 6307(a)(1)–(4) of this title, except as section 6307(a)(3)

32 relates to a single offense of simple possession of not more than 30

33 grams of marijuana; or

34 (3) section 6308 or 6309 of this title.

35 (c) SPECIAL RULE FOR DECIDING WHETHER ALIENS ARE PUBLIC

36 CHARGES.—An alien is not ineligible for an adjustment of status under this

37 chapter because of inadmissibility under section 6304(a) of this title if the

38 alien demonstrates a history of employment in the United States showing

39 self-support without receiving public cash assistance.
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1 § 9307. Fees

2 (a) FEE SCHEDULE.—The Attorney General shall establish a schedule of

3 fees for applying for an adjustment of status under section 9302 or 9304

4 of this title. The Attorney General shall provide for an additional fee for

5 applying for an adjustment of status under section 9304 of this title after

6 the end of the first year of the 2-year period described in section 9304(a)(1)

7 of this title.

8 (b) USE OF FEES.—The Attorney General shall deposit amounts received

9 under subsection (a) of this section in a separate account. The amounts may

10 be used, without fiscal year limitation, for expenses related to reviewing ap11 plications filed under section 9302 or 9304 of this title. Capital assets ac12 quired with amounts in the account are available for the general use of the

13 Immigration and Naturalization Service when the assets are not needed for

14 activities related to reviewing those applications.

15 § 9308. Confidentiality of information

16 (a) LIMITATION ON ACCESS.—A record of an entity designated under sec17 tion 9303(c) of this title, related to an alien seeking assistance or informa18 tion about filing an application under this chapter, is confidential. The At19 torney General may have access to the record only with the consent of the

20 alien.

21 (b) LIMITATIONS ON USE.—The Attorney General—

22 (1) may use information provided in making an application under

23 this chapter only—

24 (A) to make a decision on the application; or

25 (B) to enforce section 10155 of this title;

26 (2) may disclose information provided under this chapter in the same

27 way that census information may be disclosed under section 8 of title

28 13;

29 (3) may not make a publication that allows the information provided

30 by a particular individual to be identified; and

31 (4) may allow only a sworn officer or employee of the Department

32 of Justice or of an entity designated under section 9303(c) of this title

33 (for an application filed with the entity) to examine an application.

34 § 9309. Temporary stay of deportation

35 (a) APPLICATION COULD NOT BE MADE.—If an alien was apprehended

36 before May 5, 1987, and could have established a prima facie case of eligi37 bility for an adjustment of status under section 9302 of this title, except

38 that the alien could not apply for the adjustment before May 5, 1987, the

39 Attorney General shall provide that, unless the alien had an opportunity

40 after May 4, 1987, and before June 4, 1987, to complete the filing of an

41 application for an adjustment of status, the alien—
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1 (1) may not be deported;

2 (2) may be employed in the United States; and

3 (3) shall be provided an ‘‘employment authorized’’ endorsement or

4 other appropriate work permit.

5 (b) APPLICATION PRESENTED.—If an alien presented a prima facie appli6 cation for adjustment of status under section 9302 of this title after May

7 4, 1987, and before May 5, 1988, the Attorney General shall provide that,

8 until a final decision has been made on the application, the alien—

9 (1) may not be deported;

10 (2) may be employed in the United States; and

11 (3) shall be provided an ‘‘employment authorized’’ endorsement or

12 other appropriate work permit.

13 § 9310. Temporary ineligibility to receive certain assistance

14 (a) PERIOD OF INELIGIBILITY.—(1) Except as provided in paragraphs

15 (3) and (4) of this subsection and subsection (b) of this section, an alien

16 who acquires the status of an alien lawfully admitted for temporary resi17 dence under section 9302 of this title is not eligible for the following, during

18 the 5–year period beginning on the date the alien was granted the status:

19 (A) financial assistance under the program of aid to families with

20 dependent children under part A of title IV of the Social Security Act

21 (42 U.S.C. 601 et seq.).

22 (B) any other program of financial assistance—

23 (i) provided under a law of the United States on a financial24 need basis; and

25 (ii) identified by the Attorney General in consultation with the

26 heads of appropriate agencies.

27 (C) medical assistance under a State plan approved under title XIX

28 of the Social Security Act (42 U.S.C. 1396 et seq.).

29 (D) assistance under the Food Stamp Act of 1977 (7 U.S.C. 2011

30 et seq.).

31 (2) To the extent consistent with this subsection and subsection (b) of

32 this section, a State or political subdivision of a State may provide that the

33 alien is not eligible for financial assistance referred to in paragraph (1)(A)

34 and (B) of this subsection or for medical assistance referred to in paragraph

35 (1)(C) of this subsection provided under a law of the State or political sub36 division.

37 (3) Paragraph (1) of this subsection does not apply to—

38 (A) a Cuban or Haitian entrant (as defined in section 501(e)(1) or

39 (2)(A) of the Refugee Education Assistance Act of 1980 (Public Law

40 96–422, 94 Stat. 1810) as in effect on April 1, 1983); or
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1 (B) assistance (except aid to families with dependent children) pro2 vided an alien who is an aged, blind, or disabled individual (as defined

3 in section 1614(a)(1) of the Social Security Act (42 U.S.C.

4 1382c(a)(1)).

5 (4) Assistance provided under the following laws is not financial assist6 ance referred to in paragraph (1)(B) of this subsection:

7 (A) title IV of the Higher Education Act of 1965 (20 U.S.C. 1070

8 et seq. and 42 U.S.C. 2751 et seq.).

9 (B) the Carl D. Perkins Vocational and Applied Technology Edu10 cation Act (20 U.S.C. 2301 et seq.).

11 (C) title I of the Elementary and Secondary Education Act of 1965

12 (20 U.S.C. 6301 et seq.).

13 (D) the Job Training Partnership Act (29 U.S.C. 1501 et seq.).

14 (E) the Public Health Service Act (42 U.S.C. 201 et seq.).

15 (F) titles I, X, XIV, and XVI of the Social Security Act (42 U.S.C.

16 301 et seq., 1201 et seq., 1351 et seq., 1381 et seq.) as in effect with17 out regard to the amendment made by section 301 of the Social Secu18 rity Amendments of 1972 (Public Law 92–603, 86 Stat. 1465).

19 (G) parts B, D, and E of title IV and titles V, XVI, and XX of the

20 Social Security Act (42 U.S.C. 620 et seq., 651 et seq., 670 et seq.,

21 701 et seq., 1381 et seq., 1397 et seq.).

22 (H) the National School Lunch Act (42 U.S.C. 1751 et seq.).

23 (I) the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).

24 (J) the Head Start Act (42 U.S.C. 9831 et seq.).

25 (K) the Follow Through Act (42 U.S.C. 9861 et seq.).

26 (b) RESTRICTED MEDICAL ASSISTANCE.—(1) In this subsection—

27 (A) ‘‘medical assistance’’ means medical assistance under a State

28 plan approved under title XIX of the Social Security Act (42 U.S.C.

29 1396 et seq.); and

30 (B) an alien lawfully admitted for temporary residence under section

31 9302 of this title is deemed to be residing permanently in the United

32 States under color of law as long as the alien’s temporary residence

33 status is not adjusted.

34 (2) Except as provided in paragraph (3) of this subsection and notwith35 standing title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), an

36 alien lawfully admitted for temporary residence under section 9302 of this

37 title is eligible for only the following medical assistance during the 5-year

38 period beginning on the date the alien is granted temporary residence sta39 tus:

40 (A) emergency services as provided under section 1916(a)(2)(D) of

41 the Social Security Act (42 U.S.C. 1396o(a)(2)(D)).
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1 (B) services for pregnant women as described in section

2 1916(a)(2)(B) of the Social Security Act (42 U.S.C. 1396o(a)(2)(B)).

3 (3) An alien lawfully admitted for temporary residence under section

4 9302 of this title is eligible for any medical assistance during the 5-year

5 period beginning on the date the alien is granted temporary residence status

6 if the alien is—

7 (A) an alien described in subsection (a)(3) of this section; or

8 (B) less than 18 years of age.

9 (c) ADJUSTMENT OF STATUS NOT AFFECTING CERTAIN BENEFITS.—As10 sistance under subchapter III of chapter 131 of this title shall be continued

11 without regard to an adjustment of the alien’s status under this chapter.

12 (d) ALIEN NOT RESIDING PERMANENTLY IN THE UNITED STATES.—Un13 less otherwise specifically provided, an alien lawfully admitted for temporary

14 residence under section 9302 of this title is not residing permanently in the

15 United States under color of law for purposes of a law of a State or political

16 subdivision of a State providing for a program of financial assistance.

17 § 9311. Unfavorable ending of temporary residence status

18 The Attorney General shall end the temporary residence status granted

19 an alien under section 9302 of this title—

20 (1) if the Attorney General believes the alien was not eligible for that

21 status;

22 (2) if the alien—

23 (A) commits an act that makes the alien inadmissible to the

24 United States as an immigrant, except as provided in sections

25 9305 and 9306 of this title; or

26 (B) is convicted of a felony or of at least 3 misdemeanors com27 mitted in the United States; or

28 (3) at the end of the 43d month beginning after the date the alien

29 is granted the status, unless the alien has applied under section 9304

30 of this title for an adjustment of status to that of an alien lawfully ad31 mitted for permanent residence and the application has not been de32 nied.

33 § 9312. Administrative and judicial review

34 (a) EXCLUSIVENESS OF REVIEW.—The only administrative and judicial

35 reviews of a decision made under this chapter about an application for an

36 adjustment of status of an alien shall be the reviews provided in this sec37 tion.

38 (b) ADMINISTRATIVE REVIEW.—Except as provided in subsection (d) of

39 this section, the Attorney General shall maintain an appellate authority to

40 provide for a single level of administrative appellate review of a decision de41 scribed in subsection (a) of this section. The review shall be based only on
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1 the administrative record established at the time of the decision and on ad2 ditional or newly discovered evidence not available at the time the decision

3 was made.

4 (c) JUDICIAL REVIEW.—Except as provided in subsection (d) of this sec5 tion, a decision made under this chapter denying an adjustment of status

6 of an alien may be reviewed judicially only by judicial review of an order

7 of deportation under section 6536 of this title. The review shall be based

8 only on the administrative record established at the time of the review by

9 the appellate authority. The findings of fact and decisions contained in the

10 record of the authority are conclusive unless the applicant establishes abuse

11 of discretion or that the findings are directly contrary to clear and convinc12 ing facts contained in the record considered as a whole.

13 (d) NO REVIEW FOR LATE FILING.—A denial of an adjustment of status

14 under this chapter because an application for the adjustment was filed late

15 may not be reviewed in an administrative proceeding of the United States

16 Government or by a court of the United States or a State.

17 § 9313. Administrative

18 (a) REGULATIONS.—After consulting with the Committees on the Judici19 ary of the House of Representatives and the Senate, the Attorney General

20 shall prescribe—

21 (1) regulations establishing a definition of ‘‘resided continuously’’ for

22 this chapter and evidence needed to establish that an alien has resided

23 continuously in the United States under this chapter; and

24 (2) other regulations necessary to carry out this chapter.

25 (b) CONSIDERATIONS.—In prescribing regulations under subsection (a)(1)

26 of this section, the Attorney General—

27 (1) shall specify individual and total periods of absence from the

28 United States that will break a period of continuous residence in the

29 United States and shall consider any absence that is only a brief and

30 casual trip outside the United States;

31 (2) shall provide that—

32 (A) an alien has not resided continuously in the United States

33 if the alien was outside the United States, during a period for

34 which continuous residence is required, because of a deportation

35 order; and

36 (B) time during which an alien is outside the United States

37 under the advance parole procedures of the Attorney General is

38 not part of the time during which an alien is outside the United

39 States under this chapter;

40 (3) may provide for a waiver of the periods specified in clause (1)

41 of this subsection if the absence is a brief temporary trip outside the
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1 United States required by an emergency or extenuating circumstance

2 outside the control of the alien; and

3 (4) shall require that continuous residence and physical presence in

4 the United States be established by documents (employment-related if

5 available to the alien) and independent corroboration of the information

6 the documents contain.

7 PART G—PENALTIES

8 CHAPTER 101—PENALTIES

SUBCHAPTER I—GENERAL

Sec.

10101. Settlement, compromise, and discontinuance of certain proceedings.

SUBCHAPTER II—CIVIL PENALTIES

10111. Violating regulations related to ports of entry for aliens arriving by aircraft.

10112. Failure to deliver lists of passengers.

10113. Failure to provide lists and reports about alien crewmembers.

10114. Failure to control alien crewmembers.

10115. Improper discharge of alien crewmembers.

10116. Employing alien crewmembers having disabilities and diseases.

10117. Employing alien crewmembers for certain longshore work.

10118. Violations involving certifications for longshore work by alien crewmembers.

10119. Bringing in aliens excludable because of health.

10120. Bringing in aliens not having passports and visas.

10121. Assisting unlawful entry as alien crewmembers.

10122. Failure to prevent unauthorized landings.

10123. Failure to deport alien stowaways.

10124. Failure to carry out orders related to detained aliens and bringing in deported aliens.

10125. Document fraud.

10126. Clearing vessels and aircraft.

SUBCHAPTER III—CRIMINAL PENALTIES

10141. Violating period of conditional landing permit.

10142. Failure to register and be fingerprinted.

10143. Failure to carry a certificate of alien registration or alien registration receipt card.

10144. Failure to provide addresses.

10145. False and fraudulent registration.

10146. Counterfeiting alien registration documents.

10147. Bringing in and harboring aliens.

10148. Improper entry of aliens.

10149. Reentry of deported aliens.

10150. Assisting certain excludable aliens to enter the United States.

10151. Importing aliens for immoral purposes.

10152. Violation of supervision pending deportation.

10153. Willful failure to leave the United States.

10154. Marriage to evade immigration laws.

10155. Misrepresentations in applications for adjustment of status.

10156. Disclosing confidential information in applications.

10157. Establishing a commercial enterprise to evade immigration laws.

9 SUBCHAPTER I—GENERAL

10 § 10101. Settlement, compromise, and discontinuance of cer11 tain proceedings

12 A judicial proceeding for violating this title (except subchapter I of chap13 ter 5, subchapters II and III of chapter 131, chapters 133–137, and section

14 13902) may be settled, compromised, or discontinued only with the consent

15 of the court. A settlement, compromise, or discontinuance, and the reasons

16 for it, shall be entered on the record.
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1 SUBCHAPTER II—CIVIL PENALTIES

2 § 10111. Violating regulations related to ports of entry for

3 aliens arriving by aircraft

4 (a) CIVIL PENALTY AND COMPROMISE.—A person violating a regulation

5 prescribed under section 6901 of this title is liable to the United States

6 Government for a civil penalty of $2,000. The Attorney General may com7 promise the amount of the penalty. A decision on a penalty or compromise

8 under this section is final.

9 (b) LIEN ON AIRCRAFT.—When the owner or individual in command of

10 an aircraft violates a regulation referred to in subsection (a) of this section,

11 the aircraft is subject to a lien for the civil penalty. The aircraft may be

12 seized summarily by, and placed in the custody of, a person authorized

13 under regulations prescribed by the Attorney General.

14 (c) RELEASE OF AIRCRAFT.—An aircraft seized under this section may

15 be released from custody—

16 (1) on deposit of—

17 (A) an amount (but not more than $2,000) prescribed by the

18 Attorney General; or

19 (B) a bond in an amount and with an insurer prescribed by the

20 Attorney General; and

21 (2) conditioned on payment of the penalty decided on by the Attor22 ney General.

23 (d) COLLECTION OF PENALTY.—A civil action in rem may be brought

24 against the aircraft to collect the civil penalty. The action shall conform as

25 nearly as practicable to civil actions in admiralty.

26 § 10112. Failure to deliver lists of passengers

27 (a) CIVIL PENALTY.—If the Attorney General is satisfied that a person

28 has not delivered an accurate list of passengers as required under section

29 6902 of this title, the person is liable to the United States Government for

30 a civil penalty of $300 for each passenger for whom the list is not sworn

31 and delivered as required.

32 (b) PROHIBITION ON COMPROMISE.—The Attorney General may not com33 promise the amount of a civil penalty under this section.

34 § 10113. Failure to provide lists and reports about alien

35 crewmembers

36 (a) CIVIL PENALTY.—A person not delivering a list or report required by

37 section 2701 or 2702 of this title is liable to the United States Government

38 for a civil penalty of $500 for each alien crewmember not listed or reported

39 as required.

40 (b) PROHIBITION ON COMPROMISE.—The Attorney General may not com41 promise the amount of a civil penalty under this section.
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1 § 10114. Failure to control alien crewmembers

2 (a) CIVIL PENALTY.—A person not detaining or deporting an alien crew3 member as required by section 2704 of this title is liable to the United

4 States Government for a civil penalty of $3,000 for each alien crewmember

5 not detained or deported.

6 (b) COMPROMISE.—The Attorney General may compromise the amount of

7 a civil penalty under this section to not less than $500 for each alien crew8 member involved.

9 § 10115. Improper discharge of alien crewmembers

10 (a) CIVIL PENALTY.—If the Attorney General is satisfied that a person

11 has violated section 2706 of this title, the person is liable to the United

12 States Government for a civil penalty of $3,000 for each violation.

13 (b) COMPROMISE.—The Attorney General may compromise the amount of

14 a civil penalty under this section to not less than $1,500 for each violation.

15 § 10116. Employing alien crewmembers having disabilities

16 and diseases

17 (a) CIVIL PENALTY.—The owner, agent, master, commanding officer, or

18 consignee of a vessel or aircraft is liable to the United States Government

19 for a civil penalty of $1,000 for each alien crewmember employed in viola20 tion of section 2705(a) of this title if the Attorney General is satisfied, from

21 an examination certified by a medical officer of the Public Health Service,

22 that—

23 (1) the crewmember was afflicted with a disability or disease referred

24 to in section 2705(a) of this title when the crewmember was taken on

25 board the vessel or aircraft; and

26 (2) the disability or disease could have been detected by a competent

27 medical examination.

28 (b) COMPROMISE.—The Attorney General may compromise the amount of

29 a civil penalty under this section.

30 § 10117. Employing alien crewmembers for certain longshore

31 work

32 (a) CIVIL PENALTY.—An owner, agent, master, commanding officer, or

33 consignee of a vessel that hires an alien crewmember classified as a non34 immigrant under section 2305(a)(1) of this title to perform longshore work

35 not included in the normal operation and service on a vessel under section

36 2723, 2724, or 2725 of this title is liable to the United States Government

37 for a civil penalty of $5,000.

38 (b) LIEN ON VESSEL.—A vessel referred to in subsection (a) of this sec39 tion is subject to a lien for the amount of the civil penalty.

40 (c) PROHIBITION ON COMPROMISE.— The Attorney General may not

41 compromise the amount of a civil penalty under this section.
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1 § 10118. Violations involving certifications for longshore

2 work by alien crewmembers

3 If the Secretary of Labor finds under section 2723(f) of this title that

4 an employer has failed to meet a condition, or misrepresented a material

5 fact, in its attestation under section 2723(a) of this title, the Secretary may

6 impose a civil penalty of not more than $5,000 for each alien crewmember

7 the employer employs to perform unauthorized longshore work.

8 § 10119. Bringing in aliens excludable because of health

9 (a) CIVIL PENALTY.—A person is liable to the United States Government

10 for a civil penalty of $3,000 for each alien the person brings to the United

11 States in violation of section 6906(b) of this title.

12 (b) PROHIBITION ON COMPROMISE.—The Attorney General may not com13 promise the amount of a civil penalty under this section.

14 § 10120. Bringing in aliens not having passports and visas

15 (a) CIVIL PENALTY.—If the Attorney General is satisfied that a person

16 has brought an alien to the United States in violation of section 6906(a)

17 of this title, the person is liable to the United States Government for a civil

18 penalty of—

19 (1) $3,000 for each such alien; plus

20 (2) except for an alien admitted or allowed to land temporarily, an

21 amount equal to the amount the alien paid to be transported from the

22 initial port of departure, as shown on the alien’s ticket, to the port of

23 arrival.

24 (b) RETURN OF AMOUNT TO ALIEN.—The amount paid under subsection

25 (a)(2) of this section shall be paid to the alien brought in violation of sec26 tion 6906(a) of this title.

27 (c) COMPROMISE AND WAIVER.—(1) The Attorney General may com28 promise the amount of a civil penalty under this section only if the Attorney

29 General is satisfied that the person, before the vessel or aircraft carrying

30 the alien left the last port outside the United States, did not know and

31 could not have learned by reasonable diligence that the individual trans32 ported was an alien required to have a passport and visa.

33 (2) Under regulations the Attorney General prescribes, the Attorney Gen34 eral may compromise or waive a civil penalty under this section if—

35 (A) the carrier demonstrates that it screened all passengers on the

36 vessel or aircraft under procedures the Attorney General prescribed; or

37 (B) the Attorney General decides that circumstances exist that jus38 tify the compromise or waiver.

39 (d) NONAPPLICATION.—This section does not apply to a carrier or an

40 owner, agent, master, commanding officer, charterer, or consignee of a ves41 sel or aircraft relying on a visa or other documentation that has been re-
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1 voked unless reasonable notice of the revocation is received before the alien

2 leaves.

3 § 10121. Assisting unlawful entry as alien crewmembers

4 (a) CIVIL PENALTY.—A person, including the owner, agent, master, com5 manding officer, or consignee of a vessel or aircraft arriving in the United

6 States, is liable to the United States Government for a civil penalty of not

7 more than $10,000 for each alien whom the person—

8 (1) knowingly signs on the articles of the vessel, or brings to the

9 United States as a crewmember of the vessel or aircraft, with intent

10 to allow or assist the alien to enter or land in the United States unlaw11 fully; or

12 (2) knowingly and falsely represents to a consular officer when the

13 alien applies for a visa, or to an immigration officer at the port of ar14 rival in the United States, that the alien is a crewmember.

15 (b) LIEN ON VESSEL OR AIRCRAFT.—A vessel or aircraft referred to in

16 subsection (a) of this section is subject to a lien for the civil penalty and

17 may be seized. A civil action in rem may be brought against the vessel or

18 aircraft to collect the penalty.

19 § 10122. Failure to prevent unauthorized landings

20 (a) CIVIL PENALTY.—A person violating section 6904(a) of this title is

21 liable to the United States Government for a civil penalty of $3,000 for each

22 violation, to be imposed by the Attorney General.

23 (b) LIEN ON VESSEL OR AIRCRAFT.—The vessel or aircraft used in

24 transporting an alien landed in violation of this section is subject to a lien

25 for the civil penalty. A civil action in rem may be brought against the vessel

26 or aircraft to collect the penalty.

27 (c) COMPROMISE.—The Attorney General may compromise the amount of

28 a civil penalty under this section.

29 § 10123. Failure to deport alien stowaways

30 A person not deporting an alien stowaway as required by section

31 6907(b)(2) of this title is liable to the United States Government for a civil

32 penalty of $3,000 for each alien stowaway not deported.

33 § 10124. Failure to carry out orders related to detained

34 aliens and bringing in deported aliens

35 (a) CIVIL PENALTY.—If the Attorney General is satisfied that a person

36 has violated section 6903, 6906(c), 6907(a), or 6908 of this title or an

37 order of the Attorney General under one of those sections, the person is lia38 ble to the United States Government for a civil penalty of $2,000 for each

39 violation.

40 (b) PROHIBITION ON COMPROMISE.—The Attorney General may not com41 promise the amount of a civil penalty under this section.
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1 § 10125. Document fraud

2 (a) DEFINITION.—In this section, ‘‘person’’, in addition to its meaning

3 under section 1 of title 1, includes any other entity.

4 (b) VIOLATIONS.—(1) A person may not knowingly—

5 (A) forge, counterfeit, alter, or falsely make a document to satisfy

6 a requirement of this title;

7 (B) use, attempt to use, possess, obtain, accept, receive, or provide

8 a forged, counterfeit, altered, or falsely made document to satisfy a re9 quirement of this title;

10 (C) use, provide, or attempt to use or provide, a document lawfully

11 issued to a person other than the possessor (including a deceased indi12 vidual), to satisfy a requirement of this title; or

13 (D) accept, receive, or provide a document lawfully issued to a per14 son other than the possessor (including a deceased individual), to com15 ply with section 11103 of this title.

16 (2) This subsection does not apply to subchapter I of chapter 5, sub17 chapters II and III of chapter 131, chapters 133–137, and section 13902

18 of this title.

19 (c) AUTHORITY IN CONDUCTING INVESTIGATIONS AND HEARINGS.—(1)

20 In conducting an investigation or hearing under this section—

21 (A) an immigration officer or administrative law judge shall have

22 reasonable access to examine evidence of a person being investigated;

23 and

24 (B) an administrative law judge may subpena, if necessary, the at25 tendance of witnesses and the production of evidence at any designated

26 place.

27 (2) If a person disobeys a subpena issued under this subsection, an ap28 propriate district court of the United States, on application by the Attorney

29 General, may issue an order to comply with the subpena. The court may

30 punish a failure to comply with the order of the court as a contempt of

31 court.

32 (d) HEARINGS.—(1) The Attorney General may issue an order referred

33 to in subsection (e) of this section against a person for violating subsection

34 (b) of this section only after providing notice and an opportunity for a hear35 ing. A hearing must be requested within a reasonable time (established by

36 the Attorney General, but at least 30 days) after the date of the notice.

37 (2) If a timely request for a hearing is not made, the Attorney General

38 may issue an order referred to in subsection (e) of this section without a

39 hearing.

40 (3) If a timely request for a hearing is made, the hearing shall be con41 ducted by an administrative law judge as provided in section 554 of title
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1 5 at the nearest practicable place to the place where the person resides or

2 the alleged violation occurred. If the judge finds by a preponderance of the

3 evidence that the person has violated subsection (b) of this section, the

4 judge shall—

5 (A) state findings of fact; and

6 (B) issue and have served on the person an order referred to in sub7 section (e) of this section.

8 (e) CEASE AND DESIST ORDERS.—(1) For a violation of subsection (b)

9 of this section, an order issued under this section shall require the person

10 to cease and desist from the violation and to pay a civil penalty of—

11 (A) at least $250, but not more than $2,000, for each document

12 used, accepted, or created and each time a document is used, accepted,

13 or created; or

14 (B) at least $2,000, but not more than $5,000, for each document

15 used, accepted, or created and each time a document is used, accepted,

16 or created, if the person previously was subject to an order under this

17 subsection.

18 (2) Under paragraph (1) of this subsection, if the person is an entity

19 composed of distinct, physically separate subdivisions each of which provides

20 separately for the hiring, recruiting, or referring for employment, without

21 reference to the practices of, and not under control of or common control

22 with, another subdivision, each subdivision is deemed a separate person.

23 (f) FINALITY OF DECISIONS AND ORDERS.—The decision and order of an

24 administrative law judge under this section becomes the final decision and

25 order of the Attorney General unless the Attorney General changes or va26 cates the decision and order within 30 days after the date of the decision

27 and order.

28 (g) JUDICIAL REVIEW.—(1) Except as provided in paragraph (2) of this

29 subsection, a person adversely affected by a final order under this section

30 may file a petition for review of the order in the court of appeals for the

31 appropriate circuit within 45 days after the date the final order is issued.

32 (2) An order of the Attorney General issued without a hearing as pro33 vided in subsection (d)(2) of this section is not appealable.

34 (h) ENFORCEMENT OF ORDER.—If a person does not comply with a final

35 order issued under this section, the Attorney General shall bring a civil ac36 tion in an appropriate district court of the United States to seek compliance

37 with the order. The validity and appropriateness of the order may not be

38 reviewed in the action.

39 (i) INVESTIGATIVE, PROTECTIVE, AND INTELLIGENCE ACTIVITIES NOT

40 PROHIBITED.—This section does not prohibit—
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1 (1) any lawfully authorized investigative, protective, or intelligence

2 activity of a law enforcement agency of the United States, a State, or

3 a subdivision of a State or of an intelligence agency of the United

4 States; or

5 (2) any activity authorized under chapter 224 of title 18.

6 (j) CONSTRUCTION.—This section does not affect a penalty that may be

7 imposed for an activity prohibited under both this section and title 18.

8 § 10126. Clearing vessels and aircraft

9 (a) CLEARANCE BEFORE DECISION ON LIABILITY.—A vessel or aircraft

10 may be granted clearance before a decision on liability is made under sec11 tion 10112–10117, 10119, 10120, 10123, or 10124 of this title only if a

12 bond approved by the Attorney General or an amount sufficient to pay the

13 civil penalty is deposited.

14 (b) PROHIBITION ON CLEARANCE WHEN PENALTY UNPAID.—A vessel or

15 aircraft may not be granted clearance if a civil penalty imposed under sec16 tion 10112–10117, 10119, 10120, 10123, or 10124 of this title is not paid.

17 SUBCHAPTER III—CRIMINAL PENALTIES

18 § 10141. Violating period of conditional landing permit

19 An alien crewmember willfully remaining in the United States after the

20 period allowed by a conditional permit issued under section 2703(b) of this

21 title shall be fined under title 18, imprisoned for not more than 6 months,

22 or both.

23 § 10142. Failure to register and be fingerprinted

24 An alien required to apply for registration and to be fingerprinted in the

25 United States and willfully failing to apply or to be fingerprinted, and a

26 parent or legal guardian required to apply for the registration of an alien

27 and willfully failing to apply, shall be fined under title 18, imprisoned for

28 not more than 6 months, or both.

29 § 10143. Failure to carry a certificate of alien registration or

30 alien registration receipt card

31 An alien violating section 8103(b) of this title shall be fined under title

32 18, imprisoned for not more than 30 days, or both.

33 § 10144. Failure to provide addresses

34 An individual violating section 8104 of this title shall be fined under title

35 18, imprisoned for not more than 30 days, or both.

36 § 10145. False and fraudulent registration

37 An alien, or a parent or legal guardian of an alien, who files an applica38 tion for registration knowing that the application contains a false statement,

39 or who registers or attempts to register himself, herself, or another individ40 ual through fraud, shall be fined under title 18, imprisoned for not more

41 than 6 months, or both.
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1 § 10146. Counterfeiting alien registration documents

2 A person that with unlawful intent makes an engraving, photograph,

3 print, impression, or imitation of a certificate of alien registration or an

4 alien registration receipt card, except when authorized under regulations

5 prescribed by the Attorney General, shall be fined under title 18, imprisoned

6 for not more than 5 years, or both.

7 § 10147. Bringing in and harboring aliens

8 (a) CRIMINAL PENALTIES.—(1)(A) A person shall be punished as pro9 vided in subparagraph (B) of this paragraph if the person—

10 (i) knowing an individual is an alien, brings or attempts to bring the

11 individual to the United States at a place not designated as a port of

12 entry or not designated by the Attorney General, even if the alien has

13 received prior authorization to come to, enter, or reside in the United

14 States, and regardless of any future official action that may be taken

15 with respect to the alien;

16 (ii) knowing, or in reckless disregard of whether, an alien has come

17 to, has entered, or remains in the United States in violation of law,

18 transports or moves, or attempts to transport or move, the alien within

19 the United States in furtherance of that violation;

20 (iii) knowing, or in reckless disregard of whether, an alien has come

21 to, has entered, or remains in the United States in violation of law,

22 conceals, harbors, or shields from detection, or attempts to conceal,

23 harbor, or shield from detection, the alien; or

24 (iv) encourages or induces an alien to come to, enter, or reside in

25 the United States, knowing, or in reckless disregard of whether, the

26 coming, entering, or residing is unlawful.

27 (B) For each alien with respect to whom a violation of subparagraph (A)

28 of this paragraph occurs, the person committing the violation—

29 (i) for a violation of subparagraph (A)(i), shall be fined under title

30 18, imprisoned for not more than 10 years, or both;

31 (ii) for a violation of subparagraph (A)(ii), (iii), or (iv), shall be fined

32 under title 18, imprisoned for not more than 5 years, or both;

33 (iii) for a violation of subparagraph (A)(i), (ii), (iii), or (iv) during

34 and in relation to which the person causes serious bodily injury (as de35 fined in section 1365 of title 18) to, or places in jeopardy the life of,

36 any person, shall be fined under title 18, imprisoned for not more than

37 20 years, or both; and

38 (iv) for a violation of subparagraph (A)(i), (ii), (iii), or (iv) resulting

39 in death, shall be fined under title 18, imprisoned for any term of years

40 or for life or punished by death, or both.
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1 (2)(A) A person shall be punished as provided in subparagraph (B) of

2 this paragraph if the person, knowing or in reckless disregard of whether

3 an alien has not received prior authorization to come to, enter, or reside

4 in the United States, brings or attempts to bring the alien to the United

5 States, regardless of any future official action that may be taken with re6 spect to the alien.

7 (B) For each transaction constituting a violation of subparagraph (A) of

8 this paragraph, regardless of the number of aliens involved, the person com9 mitting the violation shall be fined under title 18, imprisoned for not more

10 than one year, or both, except that if the violation is—

11 (i) a 2d or subsequent violation or one in which the alien is not

12 brought and presented to an immigration officer at a designated port

13 of entry immediately on arrival, the person shall be fined under title

14 18, imprisoned for not more than 5 years, or both; or

15 (ii) done for commercial advantage or private financial gain, the per16 son shall be fined under title 18, imprisoned for not more than 10

17 years, or both.

18 (b) SEIZURE AND FORFEITURE OF CONVEYANCE.—(1) A conveyance

19 used in violating subsection (a) of this section shall be seized and may be

20 forfeited. However, a conveyance—

21 (A) used by a person as a common carrier in carrying out common

22 carrier business may be forfeited only if the owner or person in charge

23 of the conveyance consented to, or was privy to, the violation; and

24 (B) may not be forfeited if the owner establishes that another person

25 committed the violation when the conveyance was in the possession of

26 another person in violation of the criminal laws of the United States

27 or of a State.

28 (2) A conveyance may be seized under this section without a warrant if

29 there is probable cause to believe it has been or is being used in violating

30 subsection (a) of this section and circumstances exist in which a warrant

31 is not required constitutionally.

32 (c) DISPOSITION OF FORFEITED CONVEYANCE.—When a conveyance is

33 forfeited under this section, the Attorney General may—

34 (1) keep the conveyance for official use;

35 (2) sell the conveyance and shall use the proceeds to pay the ex36 penses of the proceedings for forfeiture and sale, including seizure,

37 maintenance of custody, advertising, and court costs;

38 (3) require the Administrator of General Services, or the Adminis39 trator of the Maritime Administration if appropriate under section

40 203(i) of the Federal Property and Administrative Services Act of
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1 1949 (40 U.S.C. 484(i)), to take custody of the conveyance and dispose

2 of it under law; or

3 (4) dispose of the conveyance under a compromise made by the At4 torney General.

5 (d) PROOF IN FORFEITURE ACTION.—In a civil action brought to forfeit

6 a conveyance seized under this section, a person claiming the conveyance

7 has the burden of proof. However, the Attorney General first must show

8 probable cause in bringing the action. In deciding whether probable cause

9 exists, each of the following is prima facie evidence that an alien involved

10 in an alleged violation had not received prior authorization to come to,

11 enter, or reside in the United States or had come to, entered, or remained

12 in the United States unlawfully:

13 (1) a record of a judicial or administrative proceeding in which the

14 alien’s status was an issue and in which it was decided that the alien

15 had not received prior authorization to come to, enter, or reside in the

16 United States or had come to, entered, or remained in the United

17 States unlawfully.

18 (2) official records of the Immigration and Naturalization Service or

19 the Department of State showing that the alien had not received prior

20 authorization to come to, enter, or reside in the United States or had

21 come to, entered, or remained in the United States unlawfully.

22 (3) testimony by an immigration officer, having personal knowledge

23 about the alien’s status, that the alien had not received prior authoriza24 tion to come to, enter, or reside in the United States or had come to,

25 entered, or remained in the United States unlawfully.

26 (e) APPLICATION OF LAWS RELATED TO SEIZURES AND FORFEITURES

27 FOR VIOLATING CUSTOMS LAWS.—Laws related to the seizure, forfeiture,

28 and condemnation of property for violating the customs laws, disposition of

29 the property or the proceeds of sale of the property, compromise of the for30 feiture or a related claim, and award of compensation to an informer be31 cause of the forfeiture apply to a seizure or forfeiture under this section

32 if not inconsistent with this section. However, duties and powers of persons

33 in seizing and forfeiting property under the customs laws shall be carried

34 out by persons the Attorney General authorizes to conduct a seizure or for35 feiture under this section.

36 (f) INDIVIDUALS AUTHORIZED TO MAKE ARRESTS.—Only officers and

37 employees of the Service designated by the Attorney General, individually

38 or by class, and all other officers and employees who enforce criminal laws,

39 may make arrests for a violation of this section.
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1 § 10148. Improper entry of aliens

2 (a) CRIMINAL OFFENSES.—An alien shall be punished as provided in sub3 section (b) of this section if the alien—

4 (1) enters or attempts to enter the United States—

5 (A) at a time or place not designated by an immigration officer;

6 or

7 (B) by a willfully false or misleading representation or the will8 ful concealment of a material fact; or

9 (2) eludes inspection or examination by an immigration officer.

10 (b) CRIMINAL PENALTIES.—An alien violating subsection (a) of this sec11 tion shall be—

12 (1) fined under title 18, imprisoned for not more than 6 months, or

13 both, for a first violation; and

14 (2) fined under title 18, imprisoned for not more than 2 years, or

15 both, for a subsequent violation.

16 (c) VENUE.—A proceeding under this section may be brought in any judi17 cial district in which the violation occurs or in which the alien is appre18 hended.

19 § 10149. Reentry of deported aliens

20 (a) CRIMINAL PENALTY.—(1) Except as otherwise provided in this sec21 tion, an alien who has been arrested and deported or excluded and deported

22 and then enters, attempts to enter, or is found in the United States shall

23 be fined under title 18, imprisoned for not more than 2 years, or both.

24 (2)(A) In subparagraphs (B) and (C) of this paragraph, ‘‘deportation’’

25 includes an agreement to be deported to which an alien stipulates during

26 a criminal trial.

27 (B) If the alien’s deportation followed conviction of at least 3 misdemean28 ors involving drugs, crimes against the person, or both, or a felony (except

29 an aggravated felony) and the alien enters, attempts to enter, or is found

30 in the United States after November 17, 1988, the alien shall be fined

31 under title 18, imprisoned for not more than 10 years, or both.

32 (C) If the alien’s deportation followed conviction of an aggravated felony

33 and the alien enters, attempts to enter, or is found in the United States

34 after November 17, 1988, the alien shall be fined under title 18, imprisoned

35 for not more than 20 years, or both.

36 (b) NONAPPLICATION.—Subsection (a) of this section does not apply to

37 an alien—

38 (1) when the Attorney General specifically consents to the alien’s

39 reapplying for admission before the alien—

40 (A) reboards at a place outside the United States; or
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1 (B) applies for admission from a foreign territory contiguous to

2 the United States; or

3 (2) previously excluded and deported who establishes that prior con4 sent by the Attorney General is not required under this title or other

5 prior law.

6 (c) VENUE.—A proceeding under this section may be brought in any judi7 cial district in which the violation occurs or in which the alien is appre8 hended.

9 § 10150. Assisting certain excludable aliens to enter the

10 United States

11 A person knowingly assisting or conspiring to assist an alien to enter the

12 United States shall be fined under title 18, imprisoned for not more than

13 10 years, or both, if—

14 (1) the alien is excludable under section 6307(a) of this title because

15 of a conviction for an aggravated felony and the assistance occurred

16 after November 17, 1988; or

17 (2) the alien is excludable under section 6308 of this title.

18 § 10151. Importing aliens for immoral purposes

19 (a) CRIMINAL PENALTY.—A person shall be fined under title 18, impris20 oned for not more than 10 years, or both, if the person—

21 (1) imports or attempts to import an alien into the United States

22 for prostitution or another immoral purpose; or

23 (2) holds, attempts to hold, maintains, controls, supports, employs,

24 or harbors an alien in furthering an importation violating clause (1)

25 of this subsection.

26 (b) VENUE.—A proceeding under this section may be brought in any judi27 cial district into which the alien is brought in violation of this section or

28 in which a violation of this section occurs.

29 (c) TESTIMONY OF SPOUSE.—Testimony of a spouse is admissible and is

30 competent evidence in a proceeding under this section.

31 § 10152. Violation of supervision pending deportation

32 An alien willfully violating a requirement imposed under section 6537(d)

33 of this title, including giving false information in response to such a require34 ment, shall be fined under title 18, imprisoned for not more than one year,

35 or both.

36 § 10153. Willful failure to leave the United States

37 (a) CRIMINAL OFFENSES.—An alien against whom the Attorney General

38 has issued a final order of deportation because of any ground described in

39 subchapter I of chapter 65 of this title shall be punished as provided in sub40 section (c) of this section if the alien—

41 (1) willfully does not—
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1 (A) leave the United States within the 6-month period that be2 gins on the latest of—

3 (i) the date of the Attorney General’s final order;

4 (ii) if judicial review occurs, the date of the court’s final

5 order; or

6 (iii) if section 6537(f) of this title applies, the date on

7 which the Attorney General decides that the alien has reen8 tered the United States unlawfully;

9 (B) apply timely in good faith for a document the alien needs

10 to leave the United States; or

11 (C) appear for deportation at the time and place the Attorney

12 General requires under the order of deportation; or

13 (2) takes an action to prevent or hamper, or conspire to prevent or

14 hamper, the alien from leaving the United States under the deportation

15 order.

16 (b) ATTEMPTED RELIEF NOT PROHIBITED.—Subsection (a) of this sec17 tion does not prohibit an alien from trying to obtain—

18 (1) a cancellation of the deportation order;

19 (2) an exemption from the deportation order; or

20 (3) a release from incarceration or custody.

21 (c) CRIMINAL PENALTIES.—An alien violating subsection (a) of this sec22 tion shall be fined under title 18, imprisoned for not more than 4 years,

23 or both. However, if the alien is deportable because of a ground described

24 in sections 6505–6509 of this title, the alien shall be fined under title 18,

25 imprisoned for not more than 10 years, or both.

26 (d) SUSPENSION OF SENTENCE AND RELEASE.—(1) For good cause, the

27 court sentencing an alien convicted of violating subsection (a) of this section

28 may suspend the sentence and order the alien released on conditions the

29 court prescribes.

30 (2) In deciding whether good cause exists for releasing an alien under

31 paragraph (1) of this subsection, the court shall consider factors such as—

32 (A) the age, health, and period of detention of the alien;

33 (B) the effect of the alien’s release on the security of the United

34 States and public peace or safety;

35 (C) the likelihood that the alien will resume or follow a course of

36 conduct that made or would make the alien deportable;

37 (D) efforts the alien or a representative of a country to which the

38 alien is ordered deported makes to expedite the alien’s leaving the

39 United States;
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1 (E) the reason why the United States Government cannot obtain a

2 passport or other travel document or deportation facilities from a coun3 try to which the alien is ordered deported; and

4 (F) the eligibility of the alien for discretionary release under the im5 migration laws.

6 § 10154. Marriage to evade immigration laws

7 (a) CRIMINAL PENALTY.—An individual who knowingly marries to evade

8 the immigration laws shall be fined under title 18, imprisoned for not more

9 than 5 years, or both.

10 (b) VENUE.—A proceeding under this section may be brought in any judi11 cial district in which the violation occurs or in which the individual is appre12 hended.

13 § 10155. Misrepresentations in applications for adjustment

14 of status

15 An individual knowingly and willfully making a material misrepresenta16 tion in an application or supporting document filed under section 9303 or

17 9304(a)(1) of this title, or making or using a false document in connection

18 with the application, shall be fined under title 18, imprisoned for not more

19 than 5 years, or both.

20 § 10156. Disclosing confidential information in applications

21 An individual violating section 9308(b) of this title shall be fined under

22 title 18, imprisoned for not more than 5 years, or both.

23 § 10157. Establishing a commercial enterprise to evade im24 migration laws

25 (a) CRIMINAL PENALTY.—An individual who knowingly establishes a

26 commercial enterprise to evade the immigration laws shall be fined under

27 title 18, imprisoned for not more than 5 years, or both.

28 (b) VENUE.—A proceeding under this section may be brought in any judi29 cial district in which the violation occurs or in which the individual is appre30 hended.

31 SUBTITLE III—UNLAWFUL EMPLOYMENT

32 PRACTICES

CHAPTER Sec.

111. UNLAWFUL EMPLOYMENT OF ALIENS ................................................ 11101

113. IMMIGRATION-RELATED UNFAIR EMPLOYMENT PRACTICES ....... 11301

33 CHAPTER 111—UNLAWFUL EMPLOYMENT OF ALIENS

Sec.

11101. Definitions.

11102. Employment of unauthorized aliens.

11103. Employment verification system.

11104. Evaluating and changing employment verification system.

11105. Compliance.

11106. Criminal penalties and civil actions for pattern or practice violations.

11107. Indemnity prohibition.
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11108. Conspicuous statement requirement.

11109. Preemption of State and local law.

1 § 11101. Definitions

2 In this chapter—

3 (1) ‘‘person’’, in addition to its meaning under section 1 of title 1,

4 includes any other entity.

5 (2) ‘‘unauthorized alien’’ means, with respect to employment at a

6 particular time, an alien who is not at that time—

7 (A) lawfully admitted for permanent residence; or

8 (B) authorized to be employed in that employment by this title

9 or by the Attorney General.

10 § 11102. Employment of unauthorized aliens

11 (a) PROHIBITIONS.—(1) A person—

12 (A) may not hire, or recruit or refer for a fee, for employment in

13 the United States an alien knowing the alien is an unauthorized alien;

14 (B) may not hire for employment in the United States an individual

15 without complying with section 11103 of this title; or

16 (C) if the person is an agricultural association, agricultural em17 ployer, or farm labor contractor (as defined in section 3 of the Migrant

18 and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1802)),

19 may not recruit or refer for a fee for employment in the United States

20 an individual without complying with section 11103 of this title.

21 (2) A person may not continue to employ in the United States an alien

22 knowing the alien is an unauthorized alien.

23 (b) USE OF LABOR THROUGH CONTRACT.—A person violates subsection

24 (a)(1)(A) of this section if the person uses a contract, subcontract, or ex25 change that is made, renegotiated, or extended after November 6, 1986, to

26 obtain the labor of an alien in the United States, knowing the alien is an

27 unauthorized alien.

28 (c) DEFENSE.—Good faith compliance with section 11103 of this title is

29 an affirmative defense under subsection (a)(1)(A) of this section.

30 (d) STATE EMPLOYMENT AGENCY DOCUMENTATION.—For purposes of

31 subsections (a)(1)(B) and (C) and (c) of this section, a person hiring an

32 individual referred by a State employment agency (as defined by the Attor33 ney General) is deemed to have complied with section 11103 of this title

34 if the person has and retains (for the period and in the way described in

35 section 11103(c)) appropriate documentation of the referral certifying that

36 the agency complied with section 11103 for that individual.

37 (e) NONAPPLICATION.—(1) Subsection (a)(1) of this section does not

38 apply to hiring, recruiting, or referring that occurred before November 6,

39 1986.
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1 (2) Subsection (a)(2) of this section does not apply to continuing employ2 ment of an alien hired before November 6, 1986.

3 (f) TEMPORARY PROVISIONS.—(1) The Attorney General may not con4 duct a proceeding or issue an order under this chapter for a violation al5 leged to have occurred during the period from December 1, 1986, through

6 May 31, 1987.

7 (2) If the Attorney General has reason to believe that a person has com8 mitted a first violation of this section during the period from June 1, 1987,

9 through May 31, 1988, the Attorney General—

10 (A) shall issue a citation to the person; and

11 (B) may not conduct a proceeding or issue an order for the violation.

12 (3) In applying paragraphs (1) and (2) of this subsection when an alien

13 is deemed to be employed in the United States under this chapter as pro14 vided in section 8704 of title 46—

15 (A) in paragraph (1), substitute ‘‘August 1, 1988, through January

16 31, 1989’’ for ‘‘December 1, 1986, through May 31, 1987’’; and

17 (B) in paragraph (2), substitute ‘‘February 1, 1989, through Janu18 ary 31, 1990’’ for ‘‘June 1, 1987, through May 31, 1988’’.

19 § 11103. Employment verification system

20 (a) ATTESTATION AFTER EXAMINING DOCUMENTS.—(1) A person hiring,

21 or recruiting or referring for a fee, an individual for employment in the

22 United States must attest, under penalty of perjury and on a form the At23 torney General prescribes by regulation, that the person has verified that

24 the individual is not an unauthorized alien by examining—

25 (A) a document specified in paragraph (3) of this subsection; or

26 (B)(i) a document specified in paragraph (4) of this subsection; and

27 (ii) a document specified in paragraph (5) of this subsection.

28 (2) A person has examined a document as required by paragraph (1) of

29 this subsection if the person has found that the document reasonably ap30 pears on its face to be genuine. The person is not required to request, and

31 the individual is not required to provide, another document if the individual

32 has provided a document or combination of documents complying with para33 graph (1) that reasonably appear on their face to be genuine.

34 (3) A document required under paragraph (1)(A) of this subsection is an

35 individual’s—

36 (A) United States passport;

37 (B) certificate of United States citizenship;

38 (C) certificate of naturalization;

39 (D) unexpired foreign passport, if the passport has an appropriate,

40 unexpired endorsement of the Attorney General authorizing the individ41 ual’s employment in the United States; or
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1 (E) resident alien card or other alien registration card, if the card—

2 (i) contains the individual’s photograph or other identifying in3 formation the Attorney General prescribes by regulation as accept4 able; and

5 (ii) is evidence of authorization of employment in the United

6 States.

7 (4) A document required under paragraph (1)(B)(i) of this subsection is

8 an individual’s—

9 (A) social security account number card (unless it states on its face

10 that issuance of the card does not authorize employment in the United

11 States);

12 (B) certificate of birth in the United States or establishing United

13 States nationality at birth, if the certificate is acceptable under regula14 tions prescribed by the Attorney General; or

15 (C) other documentation providing authorization of employment in

16 the United States that the Attorney General prescribes by regulation

17 as acceptable.

18 (5) A document required under paragraph (1)(B)(ii) of this subsection is

19 an individual’s—

20 (A) driver’s license or similar document issued for identification by

21 a State, if it contains the individual’s photograph or other identifying

22 information the Attorney General prescribes by regulation as accept23 able; or

24 (B) for an individual less than 16 years of age or in a State that

25 does not issue an identification document other than a driver’s license,

26 documentation of personal identity that the Attorney General pre27 scribes by regulation as providing a reliable means of identification.

28 (b) INDIVIDUAL ATTESTATION OF EMPLOYMENT AUTHORIZATION.—The

29 individual must attest, under penalty of perjury and on the form prescribed

30 under subsection (a) of this section, that the individual is—

31 (1) a national of the United States;

32 (2) an alien lawfully admitted for permanent residence; or

33 (3) an alien authorized by this title or by the Attorney General to

34 be hired, recruited, or referred for the employment.

35 (c) RETENTION OF VERIFICATION FORM.—After the form is completed

36 as provided in subsections (a) and (b) of this section, the person must retain

37 the form and make it available for inspection by officers and employees of

38 the Immigration and Naturalization Service, the Special Counsel for Immi39 gration-Related Unfair Employment Practices, or the Secretary of Labor

40 during a period beginning on the date of the hiring, recruiting, or referral

41 and ending—
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1 (1) if the individual is recruited or referred for a fee but not hired,

2 3 years after the date of the recruiting or referral; or

3 (2) if the individual is hired, 3 years after the date of hire or one

4 year after the date the employment ends, whichever is later.

5 (d) COPYING DOCUMENTATION.—A person may copy a document pre6 sented by an individual under this section and retain the copy, but only (ex7 cept as otherwise permitted by law) to comply with this section.

8 (e) LIMITATION ON USE OF FORMS.—A form completed under this sec9 tion, and information contained in or appended to the form, may be used

10 only to enforce this title and sections 1001, 1028, 1546, and 1621 of title

11 18.

12 (f) NATIONAL IDENTIFICATION CARD NOT AUTHORIZED.—This chapter

13 does not authorize the establishment, issuance, or use of a national identi14 fication card.

15 § 11104. Evaluating and changing employment verification

16 system

17 (a) DEFINITION.—In this section, ‘‘major change’’ means a change that

18 would—

19 (1) require an individual to present a new card or other document

20 (designed specifically to verify identity, employment eligibility, or both)

21 at the time of hiring, recruitment, or referral;

22 (2) provide for a telephone verification system under which—

23 (A) an employer, recruiter, or referrer must give an officer or

24 employee of the United States Government information about the

25 immigration status of a prospective employee; and

26 (B) the officer or employee of the Government gives the em27 ployer, recruiter, or referrer a verification code that the employer,

28 recruiter, or referrer must record; or

29 (3) require a change in a card used for accounting under the Social

30 Security Act (42 U.S.C 301 et seq.), including a change requiring that

31 the only social security account number card that may be presented to

32 comply with section 11103(a)(4)(A) of this title is a card in a counter33 feit-resistant form consistent with section 205(c)(2)(F) (last sentence)

34 of the Social Security Act (42 U.S.C. 405(c)(2)(F) (last sentence)).

35 (b) PRESIDENTIAL MONITORING AND IMPROVEMENTS.—(1) The Presi36 dent shall—

37 (A) provide for monitoring and evaluating the degree to which the

38 employment verification system under section 11103 of this title pro39 vides a secure system to verify employment eligibility in the United

40 States; and
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1 (B) examine the suitability of using existing United States Govern2 ment and State identification systems to verify employment eligibility

3 in the United States.

4 (2) To the extent the President finds the system is not a secure system

5 to verify employment eligibility in the United States, the President shall

6 make changes in and additions to the system necessary to establish a secure

7 system to verify employment eligibility in the United States—

8 (A) subject to subsections (c)–(f) of this section; and

9 (B) after considering the results of any demonstration project con10 ducted under subsection (g) of this section.

11 (c) CHANGE REQUIREMENTS.—A change proposed by the President

12 under subsection (b) of this section must be designed so that the system,

13 as changed, will meet the following requirements:

14 (1) The system must be able to verify reliably whether—

15 (A) an individual with the identity claimed by an employee or

16 prospective employee is eligible to work; and

17 (B) the employee or prospective employee is claiming the iden18 tity of another individual.

19 (2) If the system requires that a document be presented to or exam20 ined by an employer, the document must be in a form resistant to

21 counterfeiting and tampering.

22 (3) Personal information used by the system may be made available

23 only to the extent necessary to verify that an individual is not an unau24 thorized alien.

25 (4) The system must protect the privacy and security of personal in26 formation and identifiers used in the system.

27 (5) A verification that an individual is eligible to be employed in the

28 United States may be withheld or revoked only if the individual is an

29 unauthorized alien.

30 (6) The system may not be used for law enforcement, except to en31 force this title and sections 1001, 1028, 1546, and 1621 of title 18.

32 (7) If the system requires an individual to present a new card or

33 other document (designed specifically to verify employment eligibility)

34 at the time of hiring, recruitment, or referral, the document may not

35 be required to be presented for another purpose (except under this title

36 or for enforcement of sections 1001, 1028, 1546, and 1621 of title 18)

37 or to be carried on the individual.

38 (d) NOTICES TO CONGRESS BEFORE MAKING CHANGES.—(1) Before car39 rying out a change, the President must submit a written report of the pro40 posed change to the Committees on the Judiciary of the Senate and the

41 House of Representatives. If the President proposes a change affecting so-
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1 cial security account number cards, the President also shall submit the re2 port to the Committee on Finance of the Senate and the Committee on

3 Ways and Means of the House of Representatives. A report under this para4 graph shall include recommendations for civil and criminal penalties for un5 authorized use or disclosure of the information or identifiers used in the sys6 tem. The report shall be submitted at least—

7 (A) 60 days before the date the change is to be carried out if the

8 change is not a major change;

9 (B) one year before the date the change is to be carried out if the

10 change is a major change as defined in subsection (a)(3) of this sec11 tion; or

12 (C) 2 years before the date the change is to be carried out if the

13 change is a major change as defined in subsection (a)(1) or (2) of this

14 section.

15 (2) The President shall publish promptly in the Federal Register the sub16 stance of a major change reported to Congress under this subsection.

17 (e) CONGRESSIONAL REVIEW OF MAJOR CHANGES.—(1) The Committees

18 on the Judiciary of the Senate and the House of Representatives shall—

19 (A) publish in the Congressional Record the substance of a major

20 change submitted by the President under subsection (d) of this section;

21 (B) hold hearings on the feasibility and desirability of the change;

22 and

23 (C) within the 2-year period before the change is to be carried out,

24 report to their respective Houses findings on whether the change

25 should be made.

26 (2) A major change may be carried out only if an amount is appropriated

27 by law specifically to carry out the change.

28 (f) PAYMENT OF COSTS.—Costs incurred under this section in developing

29 and carrying out a change described in subsection (a)(3) of this section may

30 not be paid out of a trust fund established under the Social Security Act

31 (42 U.S.C. 301 et seq.).

32 (g) DEMONSTRATION PROJECTS.—The President may undertake dem33 onstration projects consistent with subsection (c) of this section of different

34 changes in the system. A project may not be for more than 5 years. The

35 President shall report to Congress on the results of each project conducted

36 under this subsection.

37 § 11105. Compliance

38 (a) COMPLAINTS AND INVESTIGATIONS.—The Attorney General shall es39 tablish procedures for—

40 (1) a person to file a written, signed complaint of a violation of sec41 tion 11102(a) or 11107(a) of this title;
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1 (2) investigating a complaint that, on its face, has a substantial

2 probability of validity;

3 (3) investigating other violations of section 11102(a) or 11107(a) of

4 this title that the Attorney General considers appropriate; and

5 (4) designating a unit in the Immigration and Naturalization Service

6 that has, as its primary duty, the prosecution under this section of vio7 lations of section 11102(a) or 11107(a) of this title.

8 (b) AUTHORITY IN CONDUCTING INVESTIGATIONS AND HEARINGS.—(1)

9 In conducting an investigation or hearing under this section—

10 (A) the immigration officer or administrative law judge conducting

11 the investigation or hearing shall have reasonable access to examine

12 evidence of a person being investigated; and

13 (B) the administrative law judge may subpena, if necessary, the at14 tendance of witnesses and the production of evidence at any designated

15 place.

16 (2) If a person disobeys a subpena issued under this subsection, an ap17 propriate district court of the United States, on application by the Attorney

18 General, may issue an order to comply with the subpena. The court may

19 punish a failure to comply with the order of the court as a contempt of

20 court.

21 (c) HEARINGS.—(1) The Attorney General may issue an order referred

22 to in subsections (d)–(f) of this section against a person for violating section

23 11102(a) or 11107(a) of this title only after providing notice and an oppor24 tunity for a hearing. A hearing must be requested within a reasonable time

25 (established by the Attorney General, but at least 30 days) after the date

26 of the notice.

27 (2) If a timely request for a hearing is not made, the Attorney General

28 may issue an order referred to in subsections (d)–(f) of this section without

29 a hearing.

30 (3) If a timely request for a hearing is made, the hearing shall be con31 ducted by an administrative law judge as provided in section 554 of title

32 5 at the nearest practicable place to the place where the person resides or

33 the alleged violation occurred. If the judge finds by a preponderance of the

34 evidence that the person has violated section 11102(a) or 11107(a) of this

35 title, the judge shall—

36 (A) state findings of fact; and

37 (B) issue and have served on the person an order referred to in sub38 sections (d)–(f) of this section.

39 (d) ORDERS INVOLVING HIRING, RECRUITING, AND REFERRAL VIOLA40 TIONS.—(1) For a violation of section 11102(a)(1)(A) or (2) of this title,

41 an order issued under this section—
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1 (A) shall require the person to cease and desist from the violation

2 and to pay a civil penalty of—

3 (i) at least $250, but not more than $2,000, for each unauthor4 ized alien involved in the violation;

5 (ii) at least $2,000, but not more than $5,000, for each unau6 thorized alien involved in the violation if the person previously was

7 subject to one order under this subsection; or

8 (iii) at least $3,000, but not more than $10,000, for each unau9 thorized alien involved in the violation if the person previously was

10 subject to more than one order under this subsection; and

11 (B) may require the person—

12 (i) to comply for not more than 3 years with section 11103 of

13 this title or, if applicable, with section 11104 of this title, for indi14 viduals hired or recruited or referred for a fee; and

15 (ii) to take other appropriate remedial action.

16 (2) Under paragraph (1) of this subsection, if the person is an entity

17 composed of distinct, physically separate subdivisions each of which provides

18 separately for the hiring, recruiting, or referring for employment, without

19 reference to the practices of, and not under control of or common control

20 with, another subdivision, each subdivision is deemed a separate entity.

21 (e) ORDERS INVOLVING PAPERWORK VIOLATIONS.—For a violation of

22 section 11102(a)(1)(B) or (C) of this title, an order issued under this sec23 tion shall require the person to pay a civil penalty of at least $100, but not

24 more than $1,000, for each individual about whom the violation occurred.

25 In deciding on the amount of the penalty, consideration shall be given to—

26 (1) the size of the business of the person;

27 (2) the good faith of the person;

28 (3) the seriousness of the violation;

29 (4) whether the individual was an unauthorized alien; and

30 (5) any history of prior violations.

31 (f) ORDERS INVOLVING INDEMNITY VIOLATIONS.—For a violation of sec32 tion 11107(a) of this title, an order issued under this section may provide

33 for the penalty described in section 11107(b) of this title.

34 (g) FINALITY OF DECISIONS AND ORDERS.—The decision and order of

35 an administrative law judge under this section become the final decision and

36 order of the Attorney General unless the Attorney General changes or va37 cates the decision and order within 30 days after the date of the decision

38 and order. The Attorney General may not delegate the Attorney General’s

39 authority under this subsection to a person having review authority over im40 migration-related matters.
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1 (h) JUDICIAL REVIEW.—(1) Except as provided in paragraph (2) of this

2 subsection, a person adversely affected by a final order imposing a civil pen3 alty under this section may file a petition for review of the order in the

4 court of appeals for the appropriate circuit within 45 days after the date

5 the final order is issued.

6 (2) An order of the Attorney General issued without a hearing as pro7 vided in subsection (c)(2) of this section is not appealable.

8 (i) ENFORCEMENT OF ORDERS.—If a person does not comply with a final

9 order issued under this section, the Attorney General shall bring a civil ac10 tion in an appropriate district court of the United States to seek compliance

11 with the order. The validity and appropriateness of the order may not be

12 reviewed in the action.

13 § 11106. Criminal penalties and civil actions for pattern or

14 practice violations

15 (a) CRIMINAL PENALTY.—A person engaging in a pattern or practice of

16 violations of section 11102(a)(1)(A) or (2) of this title shall be fined not

17 more than $3,000 for each unauthorized alien involved in a violation (not18 withstanding the provisions of title 18 on the amount of fines), imprisoned

19 for not more than 6 months for the entire pattern or practice, or both.

20 (b) CIVIL ACTIONS.—If the Attorney General has reason to believe that

21 a person is engaged in a pattern or practice of employment, recruitment,

22 or referral in violation of section 11102(a)(1)(A) or (2) of this title, the At23 torney General may bring a civil action in the appropriate district court of

24 the United States for relief the Attorney General considers necessary.

25 § 11107. Indemnity prohibition

26 (a) GENERAL.—A person hiring, recruiting, or referring an individual for

27 employment may not require the individual to post a bond or security, to

28 pay or agree to pay an amount, or to give another financial guarantee or

29 indemnity, against potential liability arising under this chapter related to

30 the hiring, recruiting, or referral.

31 (b) CIVIL PENALTY.—After notice and an opportunity for a hearing

32 under section 11105 of this title, a person found to have violated subsection

33 (a) of this section—

34 (1) is liable to the United States Government for a civil penalty of

35 $1,000; and

36 (2) may be ordered administratively to return any amount received

37 in violation of subsection (a) of this section to the individual or, if the

38 individual cannot be located, to pay that amount to the general fund

39 of the Treasury.
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1 § 11108. Conspicuous statement requirement

2 In providing for the documentation or endorsement of authorization for

3 employment in the United States for an alien (except an alien lawfully ad4 mitted for permanent residence), the Attorney General shall provide that a

5 limitation on the period or type of employment or employer be stated con6 spicuously on the documentation or endorsement.

7 § 11109. Preemption of State and local law

8 This chapter preempts State and local law imposing a civil or criminal

9 penalty (except through licensing and similar laws) on a person employing,

10 or recruiting or referring for a fee for employment, an unauthorized alien.

11 CHAPTER 113—IMMIGRATION-RELATED UNFAIR

12 EMPLOYMENT PRACTICES

Sec.

11301. Definitions.

11302. Immigration-related unfair employment practices.

11303. Special Counsel for Immigration-Related Unfair Employment Practices.

11304. Filing charges of unfair practices.

11305. Investigating charges and filing complaints.

11306. Hearings on complaints.

11307. Authority in conducting investigations and hearings.

11308. Orders of administrative law judges.

11309. Judicial review of final orders.

11310. Judicial enforcement of administrative orders.

11311. Attorney fees.

11312. Certain agency authority not affected.

13 § 11301. Definitions

14 In this chapter—

15 (1) ‘‘protected individual’’—

16 (A) means an individual who is—

17 (i) a national of the United States; or

18 (ii) an alien lawfully admitted for permanent residence,

19 lawfully admitted for temporary residence under section 9302

20 of this title or section 210(a) or 210A(a) of the Immigration

21 and Nationality Act (ch. 477, 66 Stat. 163), admitted as a

22 refugee under section 5105 of this title, or granted asylum

23 under section 5106 of this title; but

24 (B) does not include an alien who—

25 (i) did not apply for naturalization within 6 months after

26 first becoming eligible (because of a period of lawful perma27 nent residence) to apply, or, if later, before May 7, 1987; or

28 (ii) timely applied but was not naturalized within 2 years

29 after applying (excluding time taken by the Immigration and

30 Naturalization Service in processing the application), unless

31 the alien establishes that the alien is actively pursuing natu32 ralization.
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1 (2) ‘‘person’’, in addition to its meaning under section 1 of title 1,

2 includes a governmental authority.

3 § 11302. Immigration-related unfair employment practices

4 (a) IMMIGRATION-RELATED UNFAIR EMPLOYMENT PRACTICES.—It is an

5 immigration-related unfair employment practice for a person—

6 (1) to discriminate against an individual (except an unauthorized

7 alien as defined in section 11101 of this title) in hiring, or recruiting

8 or referring for employment for a fee, the individual or discharging the

9 individual from employment because of the individual’s national origin

10 or, if the individual is a protected individual, because of the individual’s

11 citizenship status; or

12 (2) after November 28, 1990, to intimidate, threaten, coerce, or re13 taliate against an individual—

14 (A) for the purpose of interfering with a right or privilege under

15 this chapter; or

16 (B) because the individual intends to file or has filed a charge

17 or complaint or assisted or participated in an investigation, hear18 ing, or proceeding under this chapter.

19 (b) CERTAIN DOCUMENT PRACTICES AS BEING UNFAIR.—After Novem20 ber 28, 1990, it is deemed to be an immigration-related unfair employment

21 practice under subsection (a)(1) of this section related to the hiring of an

22 individual, for a person to request, to satisfy the requirements of section

23 11103 of this title, more or different documents than are required under

24 section 11103 or to refuse to honor a document that on its face reasonably

25 appears to be genuine.

26 (c) NONAPPLICATION.—Subsection (a)(1) of this section does not apply

27 to—

28 (1) a person employing fewer than 4 employees;

29 (2) discrimination by a person because of an individual’s national or30 igin if the discrimination by that person against that individual is cov31 ered by section 703 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–

32 2); or

33 (3) discrimination because of citizenship status that is—

34 (A) required to comply with a law, a regulation, or an executive

35 order;

36 (B) required by a contract of the United States Government or

37 a State or local government; or

38 (C) found by the Attorney General to be essential for an em39 ployer to do business with an agency or a State or local govern40 mental authority.
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1 (d) PREFERENCE FOR EQUALLY QUALIFIED NATIONALS.—It is not an

2 immigration-related unfair employment practice for a person to hire, recruit,

3 or refer an individual who is a national of the United States instead of an

4 individual who is an alien if both individuals are equally qualified.

5 § 11303. Special Counsel for Immigration-Related Unfair

6 Employment Practices

7 (a) APPOINTMENT.—The President shall appoint, by and with the advice

8 and consent of the Senate, a Special Counsel for Immigration-Related Un9 fair Employment Practices. The Special Counsel serves in the Department

10 of Justice for a term of 4 years. When the position is vacant, the President

11 may designate an officer or employee of the United States Government to

12 act as Special Counsel during the vacancy.

13 (b) DUTIES AND POWERS.—The Special Counsel shall carry out the du14 ties and powers given the Special Counsel under this chapter.

15 (c) DISSEMINATION OF INFORMATION.—(1) In cooperation with the

16 Chairman of the Equal Employment Opportunity Commission, the Secretary

17 of Labor, and the Administrator of the Small Business Administration, the

18 Special Counsel shall conduct a campaign—

19 (A) to disseminate information on the rights and remedies prescribed

20 under this chapter and title VII of the Civil Rights Act of 1964 (42

21 U.S.C. 2000e et seq.) related to immigration-related unfair employment

22 practices; and

23 (B) to increase the knowledge of employers, employees, and the pub24 lic about employer and employee rights, responsibilities, and remedies

25 under this chapter and title VII.

26 (2) To carry out this subsection, the Special Counsel—

27 (A) to the extent considered appropriate and subject to the availabil28 ity of appropriations, may make contracts with public and private orga29 nizations for outreach activities under the campaign; and

30 (B) shall consult with the Chairman, the Secretary, and the heads

31 of other appropriate agencies.

32 (3) Not more than $10,000,000 may be appropriated for each fiscal year

33 to carry out this subsection.

34 (d) OUTREACH PROGRAMS.—Not more than $3,000,000 of the unobli35 gated balances remaining in the account described in section 9307(b) of this

36 title is available in each fiscal year for grants, contracts, and cooperative

37 agreements to community-based organizations for outreach programs and

38 shall be administered by the Special Counsel for Immigration-Related Un39 fair Employment Practices. Amounts under this subsection are in addition

40 to amounts appropriated to the Special Counsel for those purposes.
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1 Amounts available under this subsection may not be used by the Special

2 Counsel to establish regional offices.

3 (e) PAY.—The Special Counsel is entitled to a rate of pay that is not

4 more than the maximum annual rate of basic pay payable under section

5 5376 of title 5.

6 (f) REGIONAL OFFICES.—Under regulations prescribed by the Attorney

7 General, the Special Counsel shall establish regional offices necessary to

8 carry out the duties and powers of the Special Counsel.

9 § 11304. Filing charges of unfair practices

10 (a) FILING CHARGES.—(1) Except as provided in subsection (c) of this

11 section, a charge of an immigration-related unfair employment practice may

12 be filed with the Special Counsel for Immigration-Related Unfair Employ13 ment Practices by—

14 (A) a person alleging to be adversely affected directly by the practice,

15 or by another person for that person; or

16 (B) an officer of the Immigration and Naturalization Service alleging

17 that the practice has occurred or is occurring.

18 (2) A charge filed under this subsection must be in writing and under

19 oath and contain information the Attorney General requires.

20 (b) SERVICE OF NOTICE OF CHARGES.—The Special Counsel shall serve

21 a notice of a charge filed under subsection (a) of this section (including the

22 date, place, and circumstances of the alleged practice) on the person alleged

23 to have committed the practice. The notice shall be served by certified mail

24 not later than 10 days after the charge is filed.

25 (c) LIMITATIONS ON FILING CHARGES.—A charge of an immigration-re26 lated unfair employment practice involving discrimination because of na27 tional origin may not be filed under this section if a charge of that practice

28 based on the same set of facts has been filed with the Equal Employment

29 Opportunity Commission under title VII of the Civil Rights Act of 1964 (42

30 U.S.C. 2000e et seq.), unless the charge is dismissed as being outside the

31 scope of title VII. A charge about an employment practice may not be filed

32 with the Equal Employment Opportunity Commission under title VII if a

33 charge about that practice based on the same set of facts has been filed

34 under this section, unless the charge is dismissed as being outside the scope

35 of this chapter.

36 § 11305. Investigating charges and filing complaints

37 (a) SPECIAL COUNSEL.—(1) The Special Counsel for Immigration-Relat38 ed Unfair Employment Practices shall investigate each charge filed under

39 section 11304 of this title. Not later than 120 days after the charge has

40 been filed, the Special Counsel shall decide whether there is reasonable
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1 cause to believe the charge is true and whether to file a complaint about

2 the charge with an administrative law judge.

3 (2) On the Special Counsel’s own initiative, the Special Counsel may in4 vestigate an immigration-related unfair employment practice and, subject to

5 subsection (c) of this section, file a complaint about the practice with an

6 administrative law judge.

7 (3) Failure to file a complaint within the 120-day period does not prevent

8 the Special Counsel from investigating the charge or filing a complaint with

9 an administrative law judge during the 90-day period referred to in sub10 section (b) of this section.

11 (b) PRIVATE ACTIONS.—Subject to subsection (c) of this section, if a

12 charge alleges knowing and intentional discriminatory activity or a pattern

13 or practice of discriminatory activity, and the Special Counsel does not file

14 a complaint with an administrative law judge within 120 days after the

15 charge is filed with the Special Counsel under subsection (a)(1) of this sec16 tion, the Special Counsel shall notify the person that filed the charge during

17 the 120-day period of the decision not to file a complaint. The person may

18 file a complaint directly with an administrative law judge not later than 90

19 days after receiving the notice.

20 (c) TIME LIMITATION.—A complaint about an immigration-related unfair

21 employment practice may not be filed with an administrative law judge if

22 the practice occurred more than 180 days before the charge about that

23 practice was filed with the Special Counsel. This subsection does not prevent

24 subsequently amending a charge or complaint under section 11306(c)(1) of

25 this title.

26 (d) DISCRIMINATION DEEMED TO HAVE OCCURRED.—An individual in27 timidated, threatened, coerced, or retaliated against in violation of section

28 11302(a)(2) of this title is deemed to have been discriminated against under

29 this section.

30 § 11306. Hearings on complaints

31 (a) DESIGNATING ADMINISTRATIVE LAW JUDGES.—A hearing on a com32 plaint alleging an immigration-related unfair employment practice shall be

33 conducted by an administrative law judge who—

34 (1) is specially designated by the Attorney General as having special

35 training in employment discrimination; and

36 (2) to the extent possible, conducts hearings only on complaints in37 volving immigration-related unfair employment practices under this

38 chapter.

39 (b) NOTICE OF HEARINGS.—When a complaint alleging an immigration40 related unfair employment practice is filed with an administrative law judge,

41 the judge shall issue and have served on the person named in the complaint
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1 a copy of the complaint and a notice of the hearing. The date of the hearing

2 shall be at least 5 days after the complaint is served.

3 (c) PLEADINGS, APPEARANCES, AND PARTIES.—(1) On motion of the

4 party that filed the complaint, the judge may amend the complaint at any

5 time before issuing an order based on the complaint.

6 (2) The person named in the complaint may file an answer to the original

7 or amended complaint, appear in person or otherwise, and present testi8 mony.

9 (3) The person that filed the charge with the Special Counsel for Immi10 gration-Related Unfair Employment Practices is a party to the proceeding

11 before the judge and in any appeal from that proceeding.

12 (4) The judge conducting the hearing may allow any other person to in13 tervene and to present testimony.

14 (d) TRANSCRIPT AND ADDITIONAL TESTIMONY OR ARGUMENT.—A tran15 script shall be prepared of the testimony in the hearing. After the transcript

16 is prepared, the judge, by notice, may provide for further testimony or hear

17 argument.

18 § 11307. Authority in conducting investigations and hear19 ings

20 (a) GENERAL.—In conducting an investigation or hearing under this

21 chapter—

22 (1) the Special Counsel for Immigration-Related Unfair Employment

23 Practices and the administrative law judge conducting the investigation

24 or hearing, under regulations prescribed by the Attorney General, shall

25 have reasonable access to examine evidence of a person being inves26 tigated; and

27 (2) the administrative law judge may subpena the attendance of wit28 nesses and the production of evidence at any designated place.

29 (b) JUDICIAL ENFORCEMENT OF SUBPENAS.—If a person disobeys a sub30 pena issued under subsection (a)(2) of this section, an appropriate district

31 court of the United States, on application by the administrative law judge,

32 may issue an order to comply with the subpena. The court may punish a

33 failure to comply with the order of the court as a contempt of court.

34 § 11308. Orders of administrative law judges

35 (a) GENERAL.—In a proceeding by an administrative law judge under

36 this chapter, the judge shall issue an order and have the order served on

37 the parties to the proceeding. The order is final unless a petition for review

38 is filed under section 11309 of this title.

39 (b) ORDERS FINDING UNFAIR PRACTICES.—(1) If the administrative law

40 judge finds by a preponderance of the evidence that the person named in

41 the complaint has engaged, or is engaging, in an immigration-related unfair
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1 employment practice, the judge shall state findings of fact about the prac2 tice and issue and have served on the person an order requiring the person

3 to cease and desist from the practice.

4 (2) The order also may require the person—

5 (A) to comply with section 11103 of this title for not more than 3

6 years;

7 (B) to retain for not more than 3 years, and only for use as provided

8 under section 11103(e) of this title, the name and address of each indi9 vidual applying (whether in person or in writing) for an existing posi10 tion, or for recruitment or referral for a fee, for employment in the

11 United States;

12 (C) to hire an individual directly and adversely affected, with or

13 without back pay;

14 (D) to pay to the United States Government a civil penalty of—

15 (i) at least $250, but not more than $2,000, for each individual

16 discriminated against;

17 (ii) at least $2,000, but not more than $5,000, for each individ18 ual discriminated against if the person previously was subject to

19 an order under this subsection;

20 (iii) at least $3,000, but not more than $10,000, for each indi21 vidual discriminated against if the person previously was subject

22 to more than one order under this subsection; or

23 (iv) at least $100, but not more than $1,000, for each individ24 ual discriminated against, for an immigration-related unfair em25 ployment practice described in section 11302(b) of this title;

26 (E) to post notices to employees about their rights under this chap27 ter and the obligations of employers under chapter 111 of this title;

28 (F) to educate all personnel involved in hiring or complying with this

29 chapter and chapter 111 of this title about the requirements of this

30 chapter and chapter 111;

31 (G) to remove, as appropriate, a false performance review or false

32 warning from an employee’s personnel file; and

33 (H) to lift, as appropriate, a restriction on an employee’s assign34 ments, work shifts, or movements.

35 (3) An order of back pay under paragraph (2)(C) of this subsection may

36 not require back pay for more than the 2-year period occurring before the

37 charge was filed with the Special Counsel for Immigration-Related Unfair

38 Employment Practices. Back pay otherwise allowable shall be reduced by

39 amounts earned, or earnable with reasonable diligence, during the period

40 covered by the back pay order. An order may require hiring an individual
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1 or paying back pay to an individual only if the individual was refused em2 ployment for discrimination because of national origin or citizenship status.

3 (4) Under this section, if the person is an entity composed of distinct,

4 physically separate subdivisions each of which provides separately for the

5 hiring, recruiting, or referring for employment, without reference to the

6 practices of, and not under control of or common control with, another sub7 division, each subdivision is deemed a separate entity.

8 (c) DISCRIMINATION DEEMED TO HAVE OCCURRED.—An individual in9 timidated, threatened, coerced, or retaliated against in violation of section

10 11302(a)(2) of this title is deemed to have been discriminated against under

11 this section.

12 (d) ORDERS FINDING NO UNFAIR PRACTICES.—If the administrative law

13 judge finds by a preponderance of the evidence that the person named in

14 the complaint has not engaged, and is not engaging, in an immigration-re15 lated unfair employment practice, the judge shall state findings of fact

16 about such a practice not existing and issue an order dismissing the com17 plaint.

18 § 11309. Judicial review of final orders

19 (a) GENERAL.—A person aggrieved by a final order issued by an adminis20 trative law judge under section 11308 of this title may file a petition for

21 review of the order in the court of appeals of the United States for the cir22 cuit in which the alleged unfair practice occurred or in which the employer

23 resides or does business. The petition must be filed within 60 days after

24 the date the final order is issued.

25 (b) EXCLUSIVE JURISDICTION.—When the record of the proceedings is

26 filed with the court, the court has exclusive jurisdiction to review the order.

27 § 11310. Judicial enforcement of administrative orders

28 (a) CIVIL ACTIONS FOR ENFORCEMENT.—If a petition for review of an

29 order of an administrative law judge under section 11308 of this title is not

30 filed under section 11309 of this title, the Special Counsel for Immigration31 Related Unfair Employment Practices or, if the Special Counsel does not

32 act, the person that filed the charge with the Special Counsel, may bring

33 a civil action to enforce the order. The action must be brought in the dis34 trict court of the United States for the judicial district in which a violation

35 of the order is alleged to have occurred or in which the person against whom

36 the order is directed resides or does business. The order of the administra37 tive law judge may not be reviewed in the action.

38 (b) ENFORCEMENT BY COURT OF APPEALS IN ORIGINAL REVIEW.—If

39 the court of appeals does not reverse an order of an administrative law

40 judge reviewed under section 11309 of this title, the court may issue an

41 order enforcing the order of the judge.
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1 § 11311. Attorney fees

2 In a proceeding before an administrative law judge under this chapter,

3 or in a judicial proceeding for review or enforcement of an order of an ad4 ministrative law judge under section 11308 of this chapter, the prevailing

5 party (except the United States Government) may be awarded reasonable

6 attorney fees if the losing party’s argument is without reasonable foundation

7 in law and fact.

8 § 11312. Certain agency authority not affected

9 Except as specifically provided in this chapter, this chapter does not af10 fect the authority of the Equal Employment Opportunity Commission to in11 vestigate allegations of unlawful employment practices.

12 SUBTITLE IV—REFUGEE AND IMMIGRANT

13 PROGRAMS

CHAPTER Sec.

131. REFUGEE ASSISTANCE .............................................................................. 13101

133. INTERNATIONAL PARTICIPATION AND EMERGENCY ASSISTANCE.13301

135. IMMIGRANT EDUCATION ASSISTANCE .................................................. 13501

137. STATE LEGALIZATION IMPACT-ASSISTANCE GRANTS ..................... 13701

139. REIMBURSEMENT FOR COSTS OF IMPRISONING CUBAN NATIONALS AND ILLEGAL ALIENS.13901

14 CHAPTER 131—REFUGEE ASSISTANCE

SUBCHAPTER I—RESETTLEMENT ASSISTANCE

Sec.

13101. Congressional intent.

13102. Definition.

13103. Office of Refugee Resettlement.

13104. Initial resettlement assistance.

13105. Initial resettlement assistance grants and contracts.

13106. Project grants and contracts for services.

13107. Assistance for refugee children.

13108. Cash and medical assistance.

13109. Administrative.

13110. Annual reports.

13111. Limitations.

13112. Authorization of appropriations.

SUBCHAPTER II—EDUCATION ASSISTANCE

13131. Definitions.

13132. Basic educational services grants.

13133. Supplementary educational services grants.

13134. Adult education program grants.

13135. Applications.

13136. Use of estimated information and consultation with other agencies.

13137. State administrative costs.

13138. Withholding payments.

13139. Authorization of appropriations and allocation of total amount appropriated.

SUBCHAPTER III—CUBAN AND HAITIAN ENTRANTS

13151. Definition.

13152. Presidential authority.

13153. General assistance.
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1 SUBCHAPTER I—RESETTLEMENT ASSISTANCE

2 § 13101. Congressional intent

3 It is the intent of Congress that in providing refugee assistance under

4 this subchapter—

5 (1) employable refugees should be placed in jobs as soon as possible

6 after the refugees arrive in the United States;

7 (2) social service expenditures should be focused on employment-re8 lated services, instruction in English-as-a-second-language (in non-work

9 hours when possible), and case-management services; and

10 (3) local voluntary organization activities should be carried out in

11 close cooperation and advance consultation with State and local govern12 ments.

13 § 13102. Definition

14 In this subchapter, ‘‘refugee’’ includes a spouse or child described in sec15 tion 5105(c) of this title.

16 § 13103. Office of Refugee Resettlement

17 (a) OFFICE OF REFUGEE RESETTLEMENT.—The Office of Refugee Re18 settlement is an office in the Department of Health and Human Services.

19 (b) DIRECTOR.—The head of the Office is a Director appointed by the

20 Secretary of Health and Human Services.

21 (c) AUTHORITY OF THE DIRECTOR.—In consultation with the Secretary

22 of State, the Director shall carry out this subchapter (directly or through

23 arrangements with other agencies) except—

24 (1) that the Secretaries of Education, Health and Human Services,

25 and State and the Attorney General may prescribe regulations that

26 each Secretary or the Attorney General considers appropriate to carry

27 out this subchapter; and

28 (2) as otherwise provided in this subchapter.

29 § 13104. Initial resettlement assistance

30 (a) EDUCATION AND TRAINING.—The Director of the Office of Refugee

31 Resettlement may develop programs of orientation, instruction in English,

32 job training, and other education and training of refugees that will assist

33 in their resettlement in the United States. The programs may be carried

34 out by—

35 (1) the Director consistent with this subchapter, for refugees in the

36 United States; and

37 (2) the Secretary of State, for refugees waiting to enter the United

38 States.

39 (b) TEMPORARY CARE.—The Secretary of Health and Human Services

40 may make arrangements (including cooperative arrangements with other

41 agencies) for the temporary care of refugees in the United States in emer-
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1 gency circumstances, including establishing necessary processing centers.

2 The Secretary may carry out this subsection without regard to provisions

3 of law (except section 13111(b) of this title) on making, carrying out, and

4 modifying contracts and on United States Government expenditures.

5 (c) HEALTH ACTIVITIES.—(1) The Secretary of Health and Human Serv6 ices shall—

7 (A) ensure that an adequate number of trained personnel are avail8 able at a location at which refugees enter the United States so that

9 all necessary medical records are available and in order;

10 (B) provide for identifying refugees with medical conditions affecting

11 the public health and requiring treatment;

12 (C) ensure that State and local health officials at a resettlement des13 tination in the United States are notified promptly of the arrival of

14 each refugee and are provided with all applicable medical records; and

15 (D) provide for monitoring refugees referred to in clause (B) of this

16 paragraph to ensure that the refugees receive appropriate and timely

17 treatment.

18 (2) The Secretary of Health and Human Services shall monitor and as19 sess the quality of medical screening and related health services provided

20 to refugees waiting to be resettled in the United States.

21 § 13105. Initial resettlement assistance grants and contracts

22 (a) GENERAL AUTHORITY.—(1) The Director of the Office of Refugee

23 Resettlement (or other officer if the President decides the Director should

24 not administer this subsection) may make grants to, and contracts with,

25 public agencies and private nonprofit organizations for the initial resettle26 ment (including the initial reception and placement with sponsors) of refu27 gees in the United States. A grant to, or contract with, a private nonprofit

28 voluntary organization shall be consistent with the objectives of this sub29 chapter, considering the different resettlement approaches and practices of

30 that organization. Assistance under this subsection shall be provided in co31 ordination with other assistance provided under this subchapter. The Fed32 eral administering agency shall use the criteria described in subsection (c)

33 of this section in awarding or renewing a grant or contract under this sec34 tion.

35 (2) An amount provided to an agency or organization under a grant or

36 contract may be obligated or expended only during the fiscal year in which

37 the amount is provided, or a subsequent fiscal period approved by the ad38 ministering agency or officer making the contract, to carry out this section.

39 (b) REQUIREMENTS.—(1) Each grant to, and contract with, an agency

40 or organization under subsection (a) of this section shall require that the

41 agency or organization—
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1 (A) provide quarterly performance and financial status reports to the

2 administering agency;

3 (B) provide notice either directly or through its local affiliate—

4 (i) to the appropriate local welfare office when the agency or or5 ganization receiving the grant or contract becomes aware that a

6 refugee is offered employment; and

7 (ii) to the refugee that notice to the local welfare office has been

8 given;

9 (C) when requested by a local welfare office to which a refugee has

10 applied for cash assistance, provide documentation to that office about

11 cash or other resources provided directly by the agency or organization

12 receiving the grant or contact to the refugee under this section and sec13 tion 13104 of this title;

14 (D) ensure that, in the case of a refugee that the agency or organi15 zation receiving the grant or contract knows has been identified under

16 section 13104(c)(1)(B) of this title as having a medical condition af17 fecting the public health and requiring treatment, the refugee reports

18 to the appropriate health agency when the refugee resettles in an area;

19 (E) fulfill its responsibility to provide for the basic needs (including

20 food, clothing, shelter, and transportation for job interviews and train21 ing) of each refugee resettled, to develop and carry out a resettlement

22 plan (including the early employment of each refugee resettled), and to

23 monitor how the plan is being carried out; and

24 (F) submit to the administering agency an annual report on—

25 (i) the number of refugees placed (by county of placement) and

26 the expenditures made during the year covered by the report

27 under the grant or contract, including the proportion of the ex28 penditures used for administrative purposes and for providing

29 services;

30 (ii) the proportion of refugees that the agency or organization

31 receiving the grant or contract has placed in the prior year who

32 are receiving cash or medical assistance described in section 13108

33 of this title;

34 (iii) the efforts made by the agency or organization receiving the

35 grant or contract to monitor placement of refugees and the activi36 ties of local affiliates of the agency or organization;

37 (iv) the extent to which the agency or organization receiving the

38 grant or contract has coordinated its activities with local social

39 service providers in a way that avoids duplication of activities, has

40 provided notice to the local welfare offices, and has reported medi-
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1 cal conditions of certain aliens to local health departments as re2 quired under clause (D) of this paragraph; and

3 (v) other information the administering agency considers is ap4 propriate in monitoring the effectiveness of the agency or organi5 zation receiving the grant or contract in carrying out its functions

6 under the grant or contract.

7 (2) The administering agency shall submit promptly to the Committees

8 on the Judiciary of the House of Representatives and the Senate a copy

9 of each report submitted under paragraph (1)(F) of this subsection.

10 (3) Paragraph (1)(A), (C), and (F) of this subsection applies to a grant

11 or contract made or renewed after December 5, 1986. Paragraph (1)(E) of

12 this subsection applies to a grant or contract made or renewed after May

13 5, 1987.

14 (c) PERFORMANCE CRITERIA.—The administering agency shall prescribe

15 criteria for the performance of each agency or organization in connection

16 with a grant or contract under subsection (a) of this section. The prescribed

17 criteria shall include criteria related to that agency’s or organization’s—

18 (1) efforts to reduce welfare dependency among refugees resettled by

19 the agency or organization;

20 (2) collection of travel loans made to refugees resettled by the agency

21 or organization for travel to the United States;

22 (3) arrangements for effective local sponsorship and other nonpublic

23 assistance for refugees resettled by the agency or organization;

24 (4) cooperation with refugee mutual assistance associations, local so25 cial service providers, health agencies, and welfare offices;

26 (5) compliance with guidelines established by the Director of the Of27 fice of Refugee Resettlement for placing and resettling refugees in the

28 United States; and

29 (6) compliance with other requirements contained in the grant or

30 contract, including requirements under subsection (b) of this section.

31 (d) MEDICAL SCREENING AND INITIAL MEDICAL TREATMENT.—The Di32 rector may make a grant to, or contract with, a State or local health agency

33 for payments to meet the agency’s costs of providing medical screening and

34 initial medical treatment to refugees.

35 § 13106. Project grants and contracts for services

36 (a) SERVICE PROJECTS.—(1) The Director of the Office of Refugee Re37 settlement may make grants to, and contracts with, public agencies and pri38 vate nonprofit organizations for projects specifically designed—

39 (A) to assist refugees in obtaining skills necessary for economic self40 sufficiency, including projects for job training, employment services,
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1 day care, and professional refresher training and other recertification

2 services;

3 (B) to provide instruction in English when necessary even when refu4 gees are employed or are receiving assistance; and

5 (C) to provide health (including mental health) services, social serv6 ices, and educational and other services when specific needs have been

7 shown and recognized by the Director.

8 (2) Amounts available in a fiscal year for grants and contracts under this

9 subsection shall be allocated among the States based on the total number

10 of refugees who—

11 (A) arrived in the United States within the 36 months before the be12 ginning of the fiscal year; and

13 (B) actually are residing in each State (taking into account second14 ary migration) at the beginning of the fiscal year.

15 (3) A limitation that the Director establishes on that part of amounts al16 located to a State under this subsection that the State may use for services

17 (except those services described in section 13101(2) of this title) does not

18 apply if the Director—

19 (A) receives a plan that has been established by or with the consulta20 tion of political subdivisions; and

21 (B) decides that the plan provides for the maximum appropriate em22 ployment services for, and the maximum placement of, employable refu23 gees consistent with the performance standards established under sec24 tion 106 of the Job Training Partnership Act (29 U.S.C. 1516).

25 (b) TARGETED ASSISTANCE PROJECT GRANTS.—(1) The Director may

26 make a grant to a State for assistance to a political subdivision in the State

27 that has a demonstrated specific need for additional available resources for

28 providing services to refugees because of factors such as—

29 (A) an unusually large refugee population (including secondary mi30 gration);

31 (B) high refugee concentrations; and

32 (C) high use of public assistance by refugees.

33 (2) The Director shall make a grant under this subsection—

34 (A) primarily to facilitate refugee employment and self-sufficiency;

35 and

36 (B) in a way that does not supplant amounts available under other

37 refugee programs and ensures that at least 95 percent of the amount

38 of the grant is made available to the political subdivision.

39 (c) MAINTAINING LEVEL OF MATCHING GRANT PROGRAM.—To the ex40 tent of available appropriations, the Director may not—
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1 (1) reduce the maximum average contribution level of the United

2 States Government for each refugee in the voluntary agency program,

3 known as the matching grant program and financed under subsection

4 (a) of this section, below the level in effect under the program for

5 grants in the fiscal year that ended September 30, 1985; or

6 (2) increase the percentage grantee matching requirement under the

7 program above the percentage in effect under the program for grants

8 in the fiscal year that ended September 30, 1985.

9 § 13107. Assistance for refugee children

10 (a) SPECIAL EDUCATIONAL SERVICES.—Where a need is shown, the Sec11 retary of Education may make grants and contracts for projects to provide

12 special educational services (including instruction in English) to refugee

13 children in elementary and secondary schools.

14 (b) CHILD WELFARE SERVICES.—The Director of the Office of Refugee

15 Resettlement may provide assistance, reimburse States, and make grants to,

16 and contracts with, public agencies and private nonprofit organizations to

17 provide child welfare services (including foster care maintenance payments

18 and services and health care) to a refugee child during the 36-month period

19 that begins with the first month the child is in the United States. If a refu20 gee child is unaccompanied by a parent or other close adult relative (as de21 fined by the Director), those services may be provided until the month after

22 the child becomes 18 years of age (or a later age prescribed in the State’s

23 child welfare services plan under part B of title IV of the Social Security

24 Act (42 U.S.C. 620 et seq.) for the availability of those services to another

25 child in the State).

26 (c) PLACING UNACCOMPANIED CHILDREN.—(1) The Director shall try to

27 arrange, under the laws of the States, to place an unaccompanied refugee

28 child referred to in subsection (b) of this section who has been accepted for

29 admission to the United States. The Director shall make the arrangements

30 before or as soon as possible after the child arrives in the United States.

31 If necessary, the Director shall assume legal and financial responsibility for

32 the child during the period before the child is placed when the child is in

33 the United States or is in transit to the United States. The Director may

34 make necessary decisions to provide for the child’s immediate care.

35 (2) In carrying out this subsection, the Director may make contracts with

36 appropriate public agencies and private nonprofit organizations under condi37 tions the Director considers appropriate.

38 (3) The Director shall maintain a list of—

39 (A) all unaccompanied refugee children who have entered the United

40 States after April 1, 1975;
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1 (B) the name and last known residence of each living parent of each

2 of those children at the child’s time of arrival; and

3 (C) the locations, status, and progress of the children.

4 § 13108. Cash and medical assistance

5 (a) GENERAL AUTHORITY.—The Director of the Office of Refugee Reset6 tlement may provide assistance, reimburse States, and make grants to, and

7 contracts with, public agencies and private nonprofit organizations for 100

8 percent of the cash and medical assistance provided to a refugee during the

9 36-month period that begins with the first month the refugee enters the

10 United States. The Director also may pay for the identifiable and reason11 able administrative costs of providing the assistance.

12 (b) CONDITIONS AND LIMITATION.—(1) Except for good cause shown,

13 cash assistance may be provided to an employable refugee under this section

14 only if the refugee—

15 (A) registers with an appropriate entity providing employment serv16 ices described in section 13106(a)(1)(A) of this title, or, if such an en17 tity is not available, with an appropriate State or local employment

18 service;

19 (B) participates in an available and appropriate service or targeted

20 assistance project grant financed under section 13106 of this title pro21 viding job or language training in the area in which the refugee resides;

22 and

23 (C) accepts an appropriate offer of employment.

24 (2)(A) Cash assistance provided under this section shall be suspended for

25 any alien entering the United States as a refugee after March 31, 1987,

26 who refuses—

27 (i) an offer of employment that the public agency or private non28 profit organization providing initial resettlement assistance under sec29 tion 13105(a) of this title or the appropriate State or local employment

30 service decides is appropriate;

31 (ii) to go to a job interview that has been arranged through the

32 agency, organization, or employment service; or

33 (iii) to participate in a service or targeted assistance project grant

34 referred to in paragraph (1)(B) of this subsection that the agency, or35 ganization, or employment service decides is available and appropriate.

36 (B) The assistance shall be suspended for 3 months for the first refusal

37 and for 6 months for any subsequent refusal. The refugee shall be given

38 an opportunity for a hearing before cash assistance is suspended.

39 (3) A refugee who is a full-time student in an institution of higher edu40 cation, as defined by the Director after consultation with the Secretary of

41 Education, may not receive cash assistance.
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1 (c) INSTRUCTION AND TRAINING FOR REFUGEES RECEIVING ASSIST2 ANCE.—The Director shall develop plans to provide instruction in English

3 and other appropriate services and training to a refugee receiving cash as4 sistance.

5 (d) LIMITATION ON USE OF AMOUNTS.—If a refugee is eligible for aid

6 or assistance under a State plan approved under part A of title IV or under

7 title XIX of the Social Security Act (42 U.S.C. 601 et seq., 1396 et seq.)

8 or for supplemental security income benefits (including State supplementary

9 payments) under the program established under title XVI of that Act (42

10 U.S.C. 1381 et seq.), amounts to carry out this section may be used only

11 to pay the part of the aid or assistance not paid by the United States Gov12 ernment under part A of title IV or under title XIX for cash and medical

13 assistance provided the refugee, and for State supplementary payments.

14 (e) MEDICAL ASSISTANCE FOR REFUGEES OTHERWISE INELIGIBLE.—

15 During the one-year period after a refugee enters the United States, the Di16 rector may authorize medical assistance of the kind provided under sub17 section (a) of this section to a refugee if—

18 (1) the refugee does not qualify for assistance under a State plan

19 approved under title XIX of the Social Security Act (42 U.S.C. 1396

20 et seq.) because of financial resources or income requirements of the

21 plan; and

22 (2) the Director decides that—

23 (A) providing the medical services will encourage economic self24 sufficiency or avoid a significant burden on State and local govern25 ments; and

26 (B) the refugee meets alternative financial resources and income

27 requirements the Director establishes.

28 (f) ALTERNATIVE ASSISTANCE PROJECTS.—(1) The Secretary of Health

29 and Human Services shall develop and carry out alternative projects for ref30 ugees who have been in the United States less than 36 months. The projects

31 shall provide refugees with interim support, medical services, support serv32 ices, and case-management services, as needed, in a way that encourages

33 self-sufficiency, reduces welfare dependency, and fosters greater coordina34 tion among public agencies and private nonprofit organizations providing re35 settlement assistance and service providers. The Secretary may provide an

36 alternative project to cover a specific group of refugees who have been in

37 the United States at least 36 months if the Secretary decides that—

38 (A) refugees in the group have been significantly and disproportion39 ately dependent on welfare;

40 (B) those refugees need the services provided under the project to

41 become self-sufficient; and
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1 (C) including those refugees under the project would be cost-effec2 tive.

3 (2) A refugee in an alternative project may not receive cash or medical

4 assistance under another subsection of this section or under part A of title

5 IV or under title XIX of the Social Security Act (42 U.S.C. 601 et seq.,

6 1396 et seq.).

7 (3) Amounts authorized to be appropriated under section 13112 of this

8 title or part A of title IV or title XIX of the Social Security Act (42 U.S.C.

9 601 et seq., 1396 et seq.) may be used to carry out and evaluate alternative

10 projects under this subsection, to the extent the use of those amounts is

11 consistent with the purposes for which amounts are authorized to be appro12 priated.

13 (g) NOTIFICATION OF APPLICATION BY REFUGEE FOR ASSISTANCE.—As

14 a condition for an entity receiving assistance, reimbursement, or a contract

15 under this section, the entity must ensure that when a refugee applies for

16 cash or medical assistance for which assistance or reimbursement is pro17 vided under this section, the entity will notify promptly the public agency

18 or private nonprofit organization (or local affiliate of the organization) that

19 provided for the initial resettlement of the refugee under section 13105(a)

20 of this title that the refugee has applied for the assistance.

21 § 13109. Administrative

22 (a) AUTHORITY OF THE DIRECTOR.—In providing assistance under this

23 subchapter, the Director of the Office of Refugee Resettlement, to the ex24 tent of available appropriations—

25 (1) shall make available sufficient resources for employment training

26 and placement to permit refugees to achieve economic self-sufficiency

27 as soon as possible;

28 (2) shall provide refugees with the opportunity to acquire sufficient

29 instruction in English to enable them to become resettled effectively as

30 quickly as possible;

31 (3) shall ensure that cash assistance is made available to refugees

32 as provided under section 13108(b) of this title in a way that will not

33 discourage economic self-sufficiency;

34 (4) shall ensure that women have the same opportunities as men to

35 participate in training and instruction;

36 (5) shall make a periodic assessment, based on refugee population

37 and other relevant factors, of the relative needs of refugees for assist38 ance and services under this subchapter and the resources available to

39 meet those needs;
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1 (6) in allocating resources, shall avoid duplicating services and pro2 vide for maximum coordination among public agencies and private non3 profit organizations providing related services; and

4 (7) shall compile and maintain information on—

5 (A) the secondary migration of refugees in the United States;

6 and

7 (B) the proportion of refugees, by State of residence and nation8 ality, receiving cash or medical assistance described in section

9 13108 of this title.

10 (b) LIMITATION ON DELEGATION.—The Director may not delegate to a

11 State government or political subdivision authority to review or approve a

12 grant or contract under this subchapter or the terms under which a grant

13 or contract is made.

14 (c) NONDISCRIMINATION.—Assistance and services under this subchapter

15 shall be provided to refugees without regard to race, religion, nationality,

16 sex, or political opinion.

17 (d) CONSULTATION WITH STATE AND LOCAL GOVERNMENTS AND ORGA18 NIZATIONS.—(1) The Director and the Federal administering agency under

19 section 13105(a) of this title shall consult at least quarterly with State gov20 ernments, political subdivisions, and private nonprofit voluntary organiza21 tions on the sponsorship process and the intended distribution of refugees

22 among the States and political subdivisions before placing refugees in each

23 of the States and political subdivisions.

24 (2) In consultation with representatives of private nonprofit voluntary or25 ganizations, State governments, and political subdivisions, the Director shall

26 develop and carry out policies and strategies for placing and resettling refu27 gees in the United States. To the extent practicable and except under un28 usual circumstances the Director may recognize, the policies and strategies

29 shall—

30 (A) ensure that a refugee is not placed or resettled initially in an

31 area highly impacted (as decided under regulations prescribed by the

32 Director after consultation with private nonprofit voluntary organiza33 tions, State governments, and political subdivisions) by the presence of

34 refugees or comparable populations unless the refugee has a spouse,

35 parent, sibling, or child residing in that area;

36 (B) provide for a mechanism for representatives of local affiliates of

37 private nonprofit voluntary organizations to meet at least quarterly

38 with representatives of State governments and political subdivisions to

39 plan and coordinate, in advance of the arrival of the refugees, the ap40 propriate placement of the refugees among the States and political sub41 divisions; and
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1 (C) consider—

2 (i) the proportion of refugees and comparable entrants in the

3 population in the area;

4 (ii) the availability of employment opportunities, affordable

5 housing, and public and private resources for refugees in the area,

6 including educational, health care, and mental health services;

7 (iii) the likelihood of refugees placed in the area becoming self8 sufficient and free from long-term dependence on public assist9 ance; and

10 (iv) the secondary migration of refugees to and from the area

11 that is likely to occur.

12 (3) To the maximum extent possible and consistent with the policies and

13 strategies developed under paragraph (2) of this subsection, the Federal ad14 ministering agency under section 13105(a) of this title shall consider the

15 recommendations of the State in deciding where to place refugees in that

16 State.

17 (4) In providing assistance to refugees, a State government or political

18 subdivision shall consider the recommendations of, and assistance provided

19 by, a public agency or private nonprofit organization receiving a grant or

20 contract under section 13105(a) of this title.

21 (e) REQUIREMENTS FOR GRANTS AND CONTRACTS.—A grant or contract

22 may be made under this subchapter only when an appropriate proposal and

23 application (that includes a description of the ability of a public agency or

24 private nonprofit organization to provide the services specified in the pro25 posal) are submitted to and approved by the appropriate administering offi26 cial. A grant shall be made to, or a contract shall be made with, a public

27 agency or private nonprofit organization that the administering official de28 cides can best provide the services. Payment under the grant or contract

29 may be made in advance or by reimbursement.

30 (f) STATE REQUIREMENTS.—To receive assistance under this subchapter,

31 a State—

32 (1) must submit to the Director a plan that—

33 (A) describes how the State plans to encourage effective refugee

34 resettlement and to promote economic self-sufficiency as quickly as

35 possible;

36 (B) describes how the State will ensure that instruction in Eng37 lish and employment services are made available to refugees re38 ceiving cash assistance;

39 (C) provides for the designation of a State officer or employee

40 to be responsible for ensuring coordination of public and private

41 resources in refugee resettlement;
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1 (D) provides for the care and supervision of, and legal respon2 sibility for, unaccompanied refugee children in the State; and

3 (E) provides for identifying refugees who at the time of resettle4 ment in the State have medical conditions requiring, or medical

5 histories indicating a need for, treatment or observation and pro6 vides necessary monitoring of the treatment or observation;

7 (2) must meet standards, goals, and priorities developed by the Di8 rector that—

9 (A) ensure effective resettlement of refugees;

10 (B) promote economic self-sufficiency of refugees as quickly as

11 possible; and

12 (C) provide that services are provided efficiently; and

13 (3) within a reasonable time after the end of each fiscal year, must

14 submit to the Director a report on the uses of amounts provided under

15 this subchapter for which the State is responsible for administering.

16 (g) AUTHORITY TO MAKE LOANS AND ACCEPT GIFTS.—In carrying out

17 this subchapter, each appropriate administering official may—

18 (1) make loans; and

19 (2) accept and use money, property, and services made available by

20 gift, devise, bequest, grant, or otherwise to carry out this subchapter.

21 (h) SYSTEM TO MONITOR ASSISTANCE.—The Secretary of Health and

22 Human Services, together with the Secretary of State in carrying out sec23 tions 13104 and 13105 of this title, shall maintain a system of monitoring

24 assistance provided under this subchapter. The system shall include—

25 (1) evaluations of the effectiveness of the programs and projects car26 ried out under this subchapter and the performance of States, grantees,

27 and contractors;

28 (2) financial audits and other appropriate monitoring to detect

29 fraud, abuse, and mismanagement in operating the programs and

30 projects; and

31 (3) information collection on services provided and results achieved.

32 (i) INFORMATION PROVIDED BY REFUGEES.—The Attorney General shall

33 provide the Director with information provided by refugees with their appli34 cations for adjustment of status. The Director shall compile, summarize,

35 and evaluate the information.

36 § 13110. Annual reports

37 The Secretary of Health and Human Services shall submit a report to

38 the Committees on the Judiciary of the House of Representatives and the

39 Senate not later than each January 31 on activities under this subchapter

40 for the prior fiscal year. Each report shall include—
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1 (1) a current profile of the employment and labor force statistics for

2 refugees who entered the United States under this title—

3 (A) during the 5 fiscal years immediately before the fiscal year

4 in which the report is submitted; and

5 (B) before that 5-year period and who have been significantly

6 and disproportionately dependent on welfare;

7 (2) a description of the extent to which refugees received each kind

8 of assistance and service under this subchapter during the 5 fiscal

9 years immediately before the fiscal year in which the report is submit10 ted;

11 (3) a description of the geographic locations of refugees;

12 (4) a summary of the results of the monitoring conducted under sec13 tion 13109(h) of this title for the fiscal year;

14 (5) a description of—

15 (A) the activities, expenditures, and policies of the Office of Ref16 ugee Resettlement under this subchapter;

17 (B) the activities of States, voluntary organizations, and spon18 sors of refugees under this subchapter; and

19 (C) plans of the Director of the Office of Refugee Resettlement

20 for improving refugee resettlement;

21 (6) evaluations of the extent to which—

22 (A) services provided under this subchapter are assisting refu23 gees in achieving economic self-sufficiency, ability in English, and

24 employment commensurate with their skills and abilities; and

25 (B) fraud, abuse, and mismanagement have been reported in

26 providing assistance or services;

27 (7) a description of the assistance provided under section 13108(e)

28 of this title;

29 (8) a summary of the locations and status of unaccompanied refugee

30 children admitted to the United States; and

31 (9) a summary of the information compiled and evaluated under sec32 tion 13109(i) of this title.

33 § 13111. Limitations

34 (a) CONSOLIDATED GRANTS PROHIBITED.—Amounts made available to a

35 State or political subdivision to carry out this subchapter (except section

36 13105(a) of this title) may not be in the form of a block grant, per capita

37 grant, or similar consolidated grant. Amounts shall be made available under

38 separate grants or contracts for—

39 (1) medical screening and initial medical treatment for refugees

40 under section 13105(d) of this title;

41 (2) service projects for refugees under section 13106(a) of this title;
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1 (3) targeted assistance project grants under section 13106(b) of this

2 title; and

3 (4) assistance for refugee children under section 13107(b) and (c)

4 of this title.

5 (b) CONTRACTS.—A contract made under this subchapter is effective only

6 to the extent and in the amount provided in advance by an appropriation

7 law.

8 § 13112. Authorization of appropriations

9 Amounts necessary to carry out this subchapter and section 13901 of this

10 title may be appropriated for each of the fiscal years ending September 30,

11 1995, September 30, 1996, and September 30, 1997.

12 SUBCHAPTER II—EDUCATION ASSISTANCE

13 § 13131. Definitions

14 In this subchapter—

15 (1) ‘‘elementary school’’, ‘‘local educational agency’’, ‘‘secondary

16 school’’, ‘‘State’’, and ‘‘State educational agency’’ have the same mean17 ings given those terms in section 14101 of the Elementary and Second18 ary Education Act of 1965 (20 U.S.C. 8801).

19 (2) ‘‘elementary or secondary nonpublic school’’ means a school—

20 (A) complying with the compulsory education laws of the State

21 in which it is located; and

22 (B) exempt from taxation under section 501(c)(3) of the Inter23 nal Revenue Code of 1986 (26 U.S.C. 501(c)(3)).

24 (3) ‘‘eligible participant’’ means an alien—

25 (A) during the 36-month period that begins with the first month

26 the alien entered the United States, who—

27 (i) has been admitted to the United States as a refugee

28 under section 5105 of this title;

29 (ii) has been paroled into the United States as a refugee

30 under section 6123 of this title; or

31 (iii) has fled from the alien’s country of origin and, under

32 an executive order, has been allowed to enter and remain in

33 the United States indefinitely for humanitarian reasons;

34 (B) during the 36-month period that begins with the month the

35 alien began applying for asylum, who is applying for, or has been

36 granted, asylum in the United States; or

37 (C) during the 36-month period that begins with the first month

38 the alien entered the United States as a Cuban-Haitian entrant

39 or otherwise became a Cuban-Haitian entrant, who entered the

40 United States after October 31, 1979, and is in the United States

41 classified as a Cuban-Haitian entrant.
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1 § 13132. Basic educational services grants

2 (a) GRANTS.—The Secretary of Education shall make a grant to each

3 State educational agency for each fiscal year to assist local educational

4 agencies of the State in providing basic educational services for eligible par5 ticipants enrolled in the elementary and secondary public schools under the

6 jurisdiction of the local educational agencies of the State. The State edu7 cational agency may use the grant only as provided in its application ap8 proved under section 13135(b) of this title.

9 (b) APPLICATIONS.—To receive a grant under this section, the State edu10 cational agency must submit an application to the Secretary. In the applica11 tion, the State educational agency must—

12 (1) agree that payments under the grant will be used as provided

13 in subsection (a) of this section;

14 (2) agree to ensure that those payments will be allocated among the

15 local educational agencies in the State using the same formula and re16 ductions for the local educational agencies as the Secretary is required

17 to use in making allocations to State educational agencies under sub18 section (d) of this section;

19 (3) specify the amounts referred to in subsection (d) of this section

20 that are made available under other laws of the United States for ex21 penditure in the State for the same purpose for which an amount is

22 made available under this section and the local educational agencies to which

23 those amounts are available; and

24 (4) comply with section 13135(a) of this title.

25 (c) PRESCRIBING GRANT FORMULA.—As soon as possible, the Secretary

26 shall prescribe a formula to be used in determining the amount of the grant

27 to which each State educational agency (except the agencies for American

28 Samoa, Guam, the Northern Mariana Islands, the Republic of Palau, the

29 Republic of the Marshall Islands, the Federated States of Micronesia, and

30 the Virgin Islands) is entitled under this section for a fiscal year. The for31 mula shall be based on the full amount authorized under section 13139(b)

32 of this title. In prescribing the formula, the Secretary—

33 (1) shall consider—

34 (A) the number of years each eligible participant assisted under

35 this section has resided in the United States; and

36 (B) the relative costs, by grade level, of educating elementary

37 and secondary school children; and

38 (2) shall provide that amounts be allocated without regard to dif39 ferences in educational costs among different geographical areas.

40 (d) ALLOCATIONS.—The Secretary shall allocate the amount appropriated

41 to carry out this section for a fiscal year among the State educational agen-
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1 cies (except the agencies for American Samoa, Guam, the Northern Mariana

2 Islands, the Republic of Palau, the Republic of the Marshall Islands, the

3 Federated States of Micronesia, and the Virgin Islands). Except as provided

4 in section 13136 of this title, the amount of the grant to which an agency

5 is entitled under this section for a fiscal year is equal to the amount allo6 cated to it under the formula, reduced by the amounts available for that

7 fiscal year under other laws of the United States for expenditure in the

8 State for the same purpose for which an amount is made available under

9 this section. However, the reduction shall be made only to the extent the

10 amounts are available under the other laws—

11 (1) for that purpose specifically because the individuals served by the

12 amounts have refugee, parolee, or asylum status; and

13 (2) to assist individuals eligible for services under this section.

14 (e) GRANT AMOUNTS FOR TERRITORIES AND POSSESSIONS.—The

15 amounts of the grants to which the State educational agencies of American

16 Samoa, Guam, the Northern Mariana Islands, the Republic of Palau, the

17 Republic of the Marshall Islands, the Federated States of Micronesia, and

18 the Virgin Islands are entitled under this section are the amounts the Sec19 retary determines they need based on criteria the Secretary prescribes. The

20 total amount of those grants for a period may not be more than one percent

21 of the amount authorized to be appropriated to carry out this section during

22 the period. If the total of the amounts the Secretary determines those agen23 cies need is more than one percent, the amount of the grant to each of those

24 agencies is reduced proportionately so that the total is not more than one

25 percent.

26 § 13133. Supplementary educational services grants

27 (a) DEFINITIONS.—In this section—

28 (1) ‘‘enrolled eligible participant in the State’’ means an eligible par29 ticipant enrolled in an elementary or secondary public school under the

30 jurisdiction of a qualified local educational agency in the State or in

31 an elementary or secondary nonpublic school in the district served by

32 a qualified local educational agency in the State.

33 (2) ‘‘qualified local educational agency’’ means a local educational

34 agency that during the fiscal year for which a grant is to be made

35 under this section, has enrolled in the elementary and secondary public

36 schools under its jurisdiction and in the elementary and secondary

37 nonpublic schools in the district it serves a number of eligible partici38 pants receiving supplementary educational services during the fiscal

39 year at least equal to the lesser of—

40 (A) 500; or
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1 (B) 5 percent of the total number of students enrolled in those

2 public or nonpublic schools during that fiscal year.

3 (b) GENERAL AUTHORITY.—(1) The Secretary of Education shall make

4 a grant, as provided in this subchapter, to each State educational agency

5 for each fiscal year to provide supplementary educational services for en6 rolled eligible participants in the State. Those services include—

7 (A) services necessary to enable eligible participants to perform satis8 factorily, including—

9 (i) instruction in English;

10 (ii) other bilingual educational services; and

11 (iii) special materials and supplies;

12 (B) additional basic instructional services directly attributable to the

13 presence of eligible participants in the school districts, including—

14 (i) additional classroom supplies;

15 (ii) overhead;

16 (iii) construction;

17 (iv) acquiring or renting space; and

18 (v) transportation; and

19 (C) special inservice training of personnel who will provide the in20 structional services described in clauses (A) and (B) of this paragraph.

21 (2) The State educational agency may use the grant only as provided in

22 its application as approved under section 13135(b) of this title.

23 (c) APPLICATIONS.—To receive a grant under this section, a State edu24 cational agency must submit an application to the Secretary. In the applica25 tion, the State educational agency must—

26 (1) agree to administer, or supervise the administration of, the edu27 cational programs, services, and activities paid for under this section;

28 (2) agree to ensure that payments under the grant will be used as

29 provided in subsection (b) of this section;

30 (3) agree to ensure that those payments will be allocated among the

31 local educational agencies in the State using the same formula and re32 ductions for the local educational agencies as the Secretary is required

33 to use in making allocations to State educational agencies under sub34 section (d) of this section;

35 (4) specify the amounts referred to in subsection (d)(2) of this sec36 tion that are made available under other laws of the United States to

37 agencies or other entities for educational or education-related services

38 or activities in the State because of a significant concentration of eligi39 ble participants and the local educational agencies that have jurisdic40 tion over elementary and secondary public schools, or that serve ele-
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1 mentary and secondary nonpublic schools, in which are enrolled eligible

2 participants who receive services paid for by those amounts;

3 (5) agree to ensure the Secretary that—

4 (A) to the extent consistent with the number of eligible partici5 pants enrolled in elementary and secondary nonpublic schools in

6 the district served by a local educational agency, the local edu7 cational agency, after consulting with the appropriate officials of

8 the schools, will provide secular, neutral, and nonideological mate9 rials, equipment, and services necessary to educate those eligible

10 participants;

11 (B) a public agency will—

12 (i) administer the amounts provided under this section for

13 the materials, equipment, and services referred to in

14 subclause (A) of this clause; and

15 (ii) own and administer property that is repaired, remod16 eled, or constructed with those amounts;

17 (C) those amounts will not be commingled with State or local

18 money; and

19 (D) a public agency will provide to each of those elementary or

20 secondary nonpublic schools the services referred to in subclause

21 (A) of this clause through—

22 (i) officers and employees under the control of the agency;

23 or

24 (ii) a contract with a person or agency that is under the

25 control of the public agency and, when providing the services,

26 is independent of the school and of any religious organization;

27 and

28 (6) comply with section 13135(a) of this title.

29 (d) ALLOCATIONS.—(1) The Secretary shall allocate the amount appro30 priated to carry out this section for a fiscal year among the State edu31 cational agencies (except the agencies for American Samoa, Guam, the

32 Northern Mariana Islands, the Republic of Palau, the Republic of the Mar33 shall Islands, the Federated States of Micronesia, and the Virgin Islands).

34 Except as provided in this section and section 13136 of this title, the

35 amount of the grant to which an agency is entitled under this section for

36 a fiscal year is equal to the sum of—

37 (A) the product of—

38 (i) the number of aliens who are enrolled eligible participants

39 in the State, during the period for which the determination of that

40 number is made, and who have been eligible participants less than

41 one year; multiplied by
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1 (ii) $700;

2 (B) the product of—

3 (i) the number of aliens who are enrolled eligible participants

4 in the State, during the period for which the determination is

5 made, and who have been eligible participants at least one year

6 but not more than 2 years; multiplied by

7 (ii) $500; and

8 (C) the product of—

9 (i) the number of aliens who are enrolled eligible participants

10 in the State, during the period for which the determination is

11 made, and who have been eligible participants more than 2 years

12 but not more than 3 years; multiplied by

13 (ii) $300.

14 (2) If amounts are available for a fiscal year under other laws of the

15 United States to agencies or other entities for educational or education-re16 lated services or activities in the State because of a significant concentration

17 of eligible participants, the amount of the grant under paragraph (1) of this

18 subsection for that fiscal year is reduced by those amounts.

19 (e) REALLOCATION OF UNUSED AMOUNTS.—When the Secretary deter20 mines that a part of a payment made to a State educational agency under

21 this section for a fiscal year will not be used by the agency to carry out

22 the purpose for which the payment was made, the Secretary shall make that

23 part available to another State educational agency to the extent the Sec24 retary decides the other agency can use the additional amount to carry out

25 the purpose. An amount made available under this subsection to a State edu26 cational agency from an appropriation for a fiscal year is deemed in this sec27 tion to be a part of the grant (as determined under subsection (d) of this

28 section) to that agency for that fiscal year, and remains available until the

29 end of the next fiscal year.

30 (f) GRANT AMOUNTS FOR TERRITORIES AND POSSESSIONS.—The

31 amounts of the grants to which the State educational agencies of American

32 Samoa, Guam, the Northern Mariana Islands, the Republic of Palau, the

33 Republic of the Marshall Islands, the Federated States of Micronesia, and

34 the Virgin Islands are entitled under this section are the amounts the Sec35 retary determines they need based on criteria the Secretary prescribes. The

36 total amount of those grants for a period may not be more than one percent

37 of the amount authorized to be appropriated to carry out this section during

38 the period. If the total of the amounts the Secretary determines those agen39 cies need is more than one percent, the amount of the grant to each of those

40 agencies is reduced proportionately so that the total is not more than one

41 percent.
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1 (g) PROVIDING ASSISTANCE TO NONPUBLIC SCHOOLS WHEN STATE

2 DOES NOT.—If a State is prohibited by law from providing materials,

3 equipment, and services for children enrolled in elementary and secondary

4 nonpublic schools as required by subsection (c)(5) of this section, or if the

5 Secretary decides that a local educational agency has failed substantially to

6 or will not provide for the participation on an equitable basis of eligible par7 ticipants enrolled in those schools, the Secretary—

8 (1) may waive the requirements of subsection (c)(5) of this section;

9 and

10 (2) subject to the other requirements of this subchapter, shall ar11 range that materials, equipment, and services be provided for those eli12 gible participants.

13 § 13134. Adult education program grants

14 (a) GENERAL AUTHORITY.—(1) The Secretary of Education shall make

15 a grant, as provided in this subchapter, to each State educational agency

16 for each fiscal year to be used to provide adult education programs to eligi17 ble participants at least 16 years of age in need of the services and not en18 rolled in an elementary or secondary public school under the jurisdiction of

19 a local educational agency. The grant may be used for—

20 (A) programs of instruction—

21 (i) to teach the eligible participants basic reading and mathe22 matics;

23 (ii) to develop and enhance skills needed by the eligible partici24 pants; and

25 (iii) to promote literacy among the eligible participants;

26 (B) administrative costs of planning and operating the programs re27 ferred to in clause (A) of this paragraph;

28 (C) educational support services needed by the eligible participants,

29 including services to guide and counsel the eligible participants about

30 educational, career, and employment opportunities; and

31 (D) special projects designed to operate with existing programs and

32 activities that develop occupational and related skills, particularly pro33 grams authorized under the Job Training Partnership Act (29 U.S.C.

34 1501 et seq.) or the Carl D. Perkins Vocational and Applied Tech35 nology Education Act (20 U.S.C. 2301 et seq.).

36 (2) The State educational agency may use the grant only as provided in

37 its application as approved under section 13135(b) of this title.

38 (b) APPLICATIONS.—To receive a grant under this section, the State edu39 cational agency must submit an application to the Secretary. In the applica40 tion, the State educational agency must—
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1 (1) agree that payments under the grant will be used as provided

2 in subsection (a) of this section;

3 (2) agree to make periodic reports to the Secretary evaluating the

4 effectiveness of those payments;

5 (3) specify the amounts referred to in subsection (c)(2) of this sec6 tion that are made available under other laws of the United States for

7 expenditure in the State for the same purpose for which an amount is

8 made available under this section; and

9 (4) comply with section 13135(a) of this title.

10 (c) ALLOCATIONS.—(1) The Secretary shall allocate the amount appro11 priated to carry out this section for a fiscal year among the State edu12 cational agencies (except the agencies for American Samoa, Guam, the

13 Northern Mariana Islands, the Republic of Palau, the Republic of the Mar14 shall Islands, the Federated States of Micronesia, and the Virgin Islands).

15 Except as provided in paragraph (2) of this subsection and section 13136

16 of this title, the amount of the grant to which an agency is entitled under

17 this section for a fiscal year is equal to the product of—

18 (A) the number of eligible participants at least 16 years of age who,

19 during the period for which the determination of that number is made,

20 are enrolled in programs of instruction described in subsection

21 (a)(1)(A) of this section and offered in the State, but who are not en22 rolled in elementary and secondary public schools under the jurisdiction

23 of local educational agencies; multiplied by

24 (B) $300.

25 (2) If amounts are available for a fiscal year under other laws of the

26 United States for expenditure in the State for the same purpose for which

27 an amount is made available under this section, the amount of the grant

28 under paragraph (1) of this subsection for that fiscal year is reduced by

29 those amounts. However, the reduction is made only to the extent the

30 amounts are available under the other laws—

31 (A) for that purpose specifically because the individuals served by the

32 amounts have refugee, parolee, or asylum status; and

33 (B) to assist individuals eligible for services under this section.

34 (d) METHODS OF PROVIDING PROGRAMS.—(1) A State educational agen35 cy may provide adult education programs directly or may make grants to,

36 or contracts with, local educational agencies, public agencies, and private

37 nonprofit organizations to provide the programs. The State educational

38 agency shall review an application for a grant or contract under this sub39 section in a way that is consistent with the purposes of section 381 of the

40 Adult Education Act (20 U.S.C. 1213).
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1 (2) The State educational agency shall use the grant it receives under

2 this section in a way that enables the maximum number of eligible partici3 pants at least 16 years of age residing in the State to receive education

4 under the programs of instruction described in subsection (a)(1)(A) of this

5 section.

6 (e) GRANT AMOUNTS FOR TERRITORIES AND POSSESSIONS.—The

7 amounts of the grants to which the State educational agencies of American

8 Samoa, Guam, the Northern Mariana Islands, the Republic of Palau, the

9 Republic of the Marshall Islands, the Federated States of Micronesia, and

10 the Virgin Islands are entitled under this section are the amounts the Sec11 retary determines they need based on criteria the Secretary prescribes. The

12 total amount of those grants for a period may not be more than one percent

13 of the amount authorized to be appropriated to carry out this section during

14 the period. If the total of the amounts the Secretary determines those agen15 cies need is more than one percent, the amount of the grant to each of those

16 agencies is reduced proportionately so that the total is not more than one

17 percent.

18 § 13135. Applications

19 (a) REQUIREMENTS.—(1) In its application for a grant under this sub20 chapter, a State educational agency must agree—

21 (A) to ensure that it will not disapprove finally any part of a local

22 educational agency’s application for an amount of a grant to the State

23 educational agency under section 13132, 13133, or 13134 of this title

24 without giving the local educational agency reasonable notice and op25 portunity for a hearing; and

26 (B) to make reports the Secretary of Education reasonably requires

27 to carry out this subchapter.

28 (2) The State educational agency must submit an application at the time,

29 in the way, and containing or accompanied by information, the Secretary

30 requires.

31 (b) APPROVAL.—The Secretary shall approve an application meeting the

32 requirements of this section and section 13132, 13133, or 13134 of this

33 title, as the case may be. The Secretary may not disapprove finally an appli34 cation without giving the applicant reasonable notice and opportunity for a

35 hearing on the record.

36 § 13136. Use of estimated information and consultation with

37 other agencies

38 (a) USE OF ESTIMATES.—When actual satisfactory information is not

39 available, the Secretary of Education shall use estimates to determine for

40 any period the number of eligible participants and the amount of a reduc41 tion required under section 13132(d), 13133(d)(2), or 13134(c)(2) of this
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1 title. A determination based on an overestimate or underestimate may not

2 deprive a State educational agency of any part of the amount the agency

3 would be entitled to receive under this subchapter if the determination were

4 based on accurate information.

5 (b) CONSULTATION WITH OTHER AGENCIES.—To the extent it will make

6 it easier to determine the amount of a reduction required under section

7 13132(d), 13133(d)(2), or 13134(c)(2) of this title, the Secretary shall con8 sult with the heads of other agencies providing assistance to eligible partici9 pants—

10 (1) to obtain information about the amounts those agencies disburse

11 for educational purposes under programs the agency heads administer;

12 and

13 (2) when feasible, to coordinate the programs those agency heads ad14 minister and the programs under this subchapter.

15 § 13137. State administrative costs

16 The Secretary of Education may pay each State educational agency an

17 amount equal to the amount the agency expends in carrying out its duties

18 and powers properly and efficiently under this subchapter. However, the

19 total payments for a period may not be more than 2 percent of the amount

20 the agency receives for the period under this subchapter.

21 § 13138. Withholding payments

22 (a) AUTHORITY TO WITHHOLD.—When the Secretary of Education de23 cides that a State educational agency receiving payments under section

24 13132, 13133, or 13134 of this title, or a local educational agency or other

25 entity receiving payments from the State educational agency under section

26 13134, is not complying with a requirement of this subchapter that applies

27 to the section, the Secretary, until satisfied that there is no longer a failure

28 to comply, shall—

29 (1) stop making payments to the State educational agency under sec30 tion 13132, 13133, or 13134 of this title; or

31 (2) prohibit the State educational agency from making payments

32 under section 13134 to the local educational agency or other entity that

33 is causing, or involved in, the failure.

34 (b) NOTICE AND OPPORTUNITY FOR HEARING.—The Secretary—

35 (1) may act under subsection (a) of this section only after giving the

36 State educational agency reasonable notice and opportunity for a hear37 ing; and

38 (2) shall notify the State educational agency of the action the Sec39 retary is taking under subsection (a) of this section.
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1 § 13139. Authorization of appropriations and allocation of

2 total amount appropriated

3 (a) GENERAL AUTHORIZATION OF APPROPRIATIONS.—Amounts necessary

4 to make grants to each State educational agency under this subchapter and

5 to pay for administrative costs under section 13137 of this title may be ap6 propriated for the fiscal year ending September 30, 19ll. The amounts

7 shall be appropriated in a lump sum for all programs under this subchapter.

8 (b) AUTHORIZATION OF APPROPRIATIONS FOR BASIC PUBLIC EDU9 CATIONAL SERVICES GRANTS.—To make grants to State educational agen10 cies in the way provided under this section, an amount may be appropriated

11 under subsection (a) of this section for each fiscal year equal to the product

12 of—

13 (1) the number of eligible participants enrolled in elementary or sec14 ondary public schools under the jurisdiction of local educational agen15 cies in all States (except American Samoa, Guam, the Northern Mari16 ana Islands, the Republic of Palau, the Republic of the Marshall Is17 lands, the Federated States of Micronesia, and the Virgin Islands) dur18 ing the fiscal year for which the determination of that number is made;

19 multiplied by

20 (2) $400.

21 (c) ALLOCATIONS OF APPROPRIATIONS.—(1) If the amounts appropriated

22 for a fiscal year to make grants under this subchapter are not enough to

23 pay the total amount of the grants to which State educational agencies are

24 entitled under sections 13132–13134 of this title for the fiscal year, the al25 location to each agency under each of those sections shall be ratably reduced

26 so that the total of the allocations is not more than the amounts appro27 priated.

28 (2) Allocations reduced under paragraph (1) of this subsection shall be

29 increased on the same basis that they were reduced if amounts later become

30 available to make grants under this subchapter for the period.

31 SUBCHAPTER III—CUBAN AND HAITIAN ENTRANTS

32 § 13151. Definition

33 In this subchapter, ‘‘Cuban or Haitian entrant’’ means—

34 (1) an alien granted parole status as a Cuban/Haitian Entrant (Sta35 tus Pending) or granted another special status later established under

36 law for nationals of Cuba or Haiti, without regard to the status of the

37 alien when assistance is provided under this subchapter; and

38 (2) any other national of Cuba or Haiti—

39 (A)(i) paroled into the United States who has not acquired an40 other status under this title;
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1 (ii) who is the subject of exclusion or deportation proceedings

2 under this title; or

3 (iii) having an application for asylum pending before the Attor4 ney General; and

5 (B) about whom a final, nonappealable, and legally enforceable

6 exclusion or deportation order has not been entered.

7 § 13152. Presidential authority

8 The President has the same duties and powers related to a Cuban or Hai9 tian entrant as the duties and powers vested under subchapter I of this

10 chapter. Those duties and powers apply to assistance and services provided

11 to a Cuban or Haitian entrant at any time after the entrant’s arrival in

12 the United States, including periods before October 10, 1980. The President

13 may provide by regulation that benefits granted under a law of the United

14 States (except this title) to an individual admitted to the United States

15 under section 5105 of this title shall be provided in the same way and to

16 the same extent to a Cuban or Haitian entrant.

17 § 13153. General assistance

18 (a) TYPES OF ASSISTANCE.—Under the direction of the President, any

19 agency may provide assistance (including materials, supplies, equipment,

20 work, services, or facilities) for the processing, care, security, transportation,

21 and initial reception and placement in the United States of a Cuban or Hai22 tian entrant on terms the President prescribes. The President may direct

23 the head of one agency to detail personnel (on a reimbursable or

24 nonreimbursable basis) for temporary duty with another agency that the

25 President has directed to supervise or manage assistance under this section.

26 (b) REIMBURSEMENT.—Amounts to carry out this section—

27 (1) shall be used to reimburse State governments and political sub28 divisions for expenses incurred in providing assistance under subsection

29 (a) of this section; and

30 (2) may be used to reimburse an agency providing assistance under

31 subsection (a) of this section.

32 (c) APPLICATION OF NATIONAL ENVIRONMENTAL POLICY ACT OF

33 1969.—The carrying out of a duty or power under this section is not a

34 major action of the United States Government significantly affecting the

35 quality of the human environment under the National Environmental Policy

36 Act of 1969 (42 U.S.C. 4321 et seq.).

37 (d) AVAILABILITY OF APPROPRIATIONS.—Amounts—

38 (1) appropriated under section 13112 of this title are available to

39 carry out this subchapter; and

40 (2) available to carry out this subchapter remain available until ex41 pended.
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1 CHAPTER 133—INTERNATIONAL PARTICIPATION AND

2 EMERGENCY ASSISTANCE

Sec.

13301. Participation in International Organization for Migration.

13302. Contributions to international organizations.

13303. Assistance to further foreign policy interests.

13304. Assistance to refugee women and children.

13305. Assistance for unexpected urgent needs.

13306. Allocation, transfer, availability, and accounting of amounts.

13307. Audits.

13308. Administrative.

3 § 13301. Participation in International Organization for Mi4 gration

5 The President may continue United States membership in the Inter6 national Organization for Migration. To assist in the movement of refugees

7 and migrants and to enhance the economic progress of the developing coun8 tries by providing for a coordinated supply of a selected labor force,

9 amounts necessary to pay for the United States Government’s contribution

10 to the Organization and necessary salaries and expenses incident to the

11 Government’s participation in the Organization may be appropriated.

12 § 13302. Contributions to international organizations

13 The President may make contributions to—

14 (1) the activities of the United Nations High Commissioner for Refu15 gees for assistance to or for refugees and other persons assisted by the

16 Commissioner;

17 (2) the International Organization for Migration;

18 (3) the International Committee of the Red Cross for assistance to

19 or for refugees; and

20 (4) other international organizations for assistance to or for refu21 gees.

22 § 13303. Assistance to further foreign policy interests

23 The President may provide assistance to or for refugees outside the Unit24 ed States designated by the President when the President decides that the

25 assistance will contribute to the foreign policy interests of the United

26 States. The President shall designate the refugees by class, group, countries

27 of origin, or areas of residence.

28 § 13304. Assistance to refugee women and children

29 (a) STANDARDS.—(1) In providing for overseas assistance and protection

30 of refugees and displaced persons, the United States Government shall seek

31 to address the protection and provision of basic needs of women and chil32 dren who represent 80 percent of the world’s refugee population.

33 (2) In accordance with the 1991 United Nations High Commissioner for

34 Refugees Guidelines on the Protection of Refugee Women, the Secretary of
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1 State, working directly, through international organizations, or through non2 governmental voluntary organizations, shall seek to ensure that—

3 (A) the United Nations and relief organizations pay specific atten4 tion to recruiting and hiring female protection officers;

5 (B) gender awareness training is carried out for security personnel

6 and other field staff;

7 (C) refugee women and children are protected from violence and

8 abuse by governments or insurgent groups;

9 (D) women refugees are fully involved in planning and carrying

10 out—

11 (i) the delivery of services and assistance; and

12 (ii) the repatriation process;

13 (E) education on and access to services in reproductive health, birth

14 spacing, and other maternal and child health needs are incorporated

15 into refugee health services and education;

16 (F) victims of rape, domestic violence, and other violence and abuse

17 have available to them—

18 (i) protective services;

19 (ii) grievance processes; and

20 (iii) counseling and other services;

21 (G) educational programs are provided to refugee women, with spe22 cial emphasis on female heads of households, in—

23 (i) literacy and numeracy;

24 (ii) vocational and income generating skills; and

25 (iii) other training to promote self-sufficiency;

26 (H) all refugee children receive education, ensuring equal access for

27 girls, and that family tracing and other special services are provided

28 for unaccompanied refugee minors;

29 (I) information clearly enumerating age and gender be collected so

30 that appropriate health, education, and assistance programs can be

31 planned;

32 (J) more women program professionals are recruited, hired, and

33 trained in the international humanitarian field; and

34 (K) training is provided to program staff of the Commissioner and

35 nongovernmental voluntary organizations on gender-awareness and car36 rying out the Guidelines.

37 (b) PROCEDURES.—The Secretary of State should adopt specific proce38 dures to ensure that all recipients of Government amounts for refugee and

39 migration assistance carry out the standards outlined in subsection (a) of

40 this section.
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1 (c) REQUIREMENTS FOR REFUGEE AND MIGRATION ASSISTANCE.—In

2 providing refugee and migration assistance, the Secretary should support

3 the protection efforts of this section by raising at the highest levels of gov4 ernment the issue of abuses against refugee women and children by govern5 ments or insurgent groups that engage in, allow, or condone—

6 (1) a pattern of gross violations of internationally recognized human

7 rights, such as torture or cruel, inhumane, or degrading treatment or

8 punishment, prolonged detention without charges, or other flagrant de9 nial to life, liberty, and bodily security;

10 (2) the blockage of humanitarian relief assistance;

11 (3) gender-specific persecution such as systematic individual or mass

12 rape, forced pregnancy, forced abortion, enforced prostitution, or any

13 form of indecent assault or act of violence against refugee women, girls,

14 and children; or

15 (4) continuing violations of bodily integrity against refugee women

16 and children by armed insurgents, local security forces, or camp

17 guards.

18 (d) INVESTIGATION OF REPORTS.—On receipt of credible reports of

19 abuses under subsection (c) of this section, the Secretary should—

20 (1) investigate the reports immediately through emergency fact-find21 ing missions or other means; and

22 (2) help identify appropriate remedial measures.

23 (e) MULTINATIONAL IMPLEMENTATION OF THE GUIDELINES.—The Sec24 retary should work to—

25 (1) ensure that multilateral organizations completely incorporate the

26 needs of refugee women and children into all elements of refugee assist27 ance programs; and

28 (2) encourage other governments providing refugee assistance to

29 adopt policies designed to encourage that the Guidelines be carried out

30 completely.

31 § 13305. Assistance for unexpected urgent needs

32 (a) GENERAL AUTHORITY.—The President may provide assistance to

33 meet unexpected urgent refugee and migration needs on terms the President

34 prescribes when the President decides the assistance is important to the in35 terests of the United States.

36 (b) UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSIST37 ANCE FUND.—There is a United States Emergency Refugee and Migration

38 Assistance Fund to carry out this section. Amounts necessary for the Fund

39 may be appropriated to the President. However, an amount may not be ap40 propriated that, when added to amounts previously appropriated and not ob-
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1 ligated, would cause the total amount in the Fund to be more than

2 $100,000,000. Amounts appropriated remain available until expended.

3 (c) JUSTIFICATION OF APPROPRIATIONS.—When the President requests

4 an appropriation under this section, the President shall justify the request

5 to the Committee on Foreign Relations of the Senate, the Speaker of the

6 House of Representatives, and the Committees on Appropriations of the

7 Senate and House of Representatives.

8 § 13306. Allocation, transfer, availability, and accounting of

9 amounts

10 (a) ALLOCATION AND TRANSFER.—The President may allocate or trans11 fer to a department, agency, or instrumentality of the United States Gov12 ernment an amount available to carry out this chapter. The amount is avail13 able for obligation and expenditure for the purpose for which the amount

14 originally was made available under this chapter or under authority govern15 ing the activities of the department, agency, or instrumentality to which the

16 amount was allocated or transferred. An amount allocated or transferred

17 may be carried in a separate appropriation account of the Treasury.

18 (b) PURPOSES FOR WHICH AMOUNTS ARE AVAILABLE.—(1) An amount

19 made available under this chapter may be used for—

20 (A) pay, allowances, and travel of personnel, including members of

21 the Foreign Service whose services are used primarily in carrying out

22 this chapter, without regard to any other law, that may be necessary

23 to carry out this chapter;

24 (B) printing and binding, expenditure outside the United States for

25 supplies and services, and administrative and operating purposes except

26 pay, without regard to a law or regulation governing the obligation and

27 expenditure of amounts of the United States Government, that may be

28 necessary to carry out this chapter;

29 (C) employment and assignment of members of the Foreign Service

30 serving under limited appointments when carrying out this chapter;

31 (D) the exchange of amounts without regard to loss by exchanges;

32 (E) making contracts for personal services outside the United States;

33 (F) expenses authorized by the Foreign Service Act of 1980 (22

34 U.S.C. 3901 et seq.) not otherwise provided for;

35 (G) expenses authorized by the State Department Basic Authorities

36 Act of 1956 (22 U.S.C. 2651a, 2669 et seq.); and

37 (H) other expenses the President decides are necessary to carry out

38 this chapter.

39 (2) An individual employed by contract with amounts made available

40 under paragraph (1)(E) of this subsection is not an employee of the Govern41 ment under any law carried out by the Director of the Office of Personnel
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1 Management. However, the Secretary of State may apply to that individ2 ual—

3 (A) section 2(f) of the State Department Basic Authorities Act of

4 1956 (22 U.S.C. 2669(f)); and

5 (B) any other law carried out by the Secretary as that law is related

6 to employment of individuals by contract to perform personal services

7 outside the United States.

8 (3) An individual receiving amounts under this section may provide ad9 ministrative assistance to personnel assigned to a bureau charged with car10 rying out this chapter.

11 § 13307. Audits

12 (a) PROGRAM AUDITS.—Amounts may be made available under this chap13 ter or any other law to the United Nations High Commissioner for Refugees

14 only if—

15 (1) an annual program audit will be conducted to determine the use

16 of those amounts, including the use by implementing partners; and

17 (2) the audit will be made available through the Secretary of State

18 for inspection by the Comptroller General.

19 (b) INSPECTIONS AND REPORTS BY COMPTROLLER GENERAL.—The

20 Comptroller General shall inspect each audit and submit to Congress a re21 port on the inspection.

22 § 13308. Administrative

23 (a) AUTHORITY OF THE PRESIDENT.—To carry out this chapter, the

24 President may—

25 (1) make loans, advances, and grants to, and agreements with, a

26 person, government or government agency in or outside the United

27 States, and international and intergovernmental organizations;

28 (2) accept and use money, property, and services made available to

29 carry out this chapter; and

30 (3) provide assistance and make contributions, notwithstanding an31 other provision of law that restricts assistance to foreign countries.

32 (b) WAIVER.—If the President decides that it carries out this chapter, the

33 President may waive a provision of law on making, carrying out, and modi34 fying contracts and on United States Government expenditures.

35 (c) DELEGATION OF DUTIES AND POWERS.—If the President delegates

36 to an officer under section 301 of title 3 a duty or power of the President

37 under this chapter, the President also may authorize the officer to

38 redelegate the duty or power to a subordinate officer or employee of the offi39 cer. However, the President may not authorize the redelegation of the waiv40 er authority under subsection (b) of this section.
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1 (d) INFORMING CONGRESSIONAL COMMITTEES.—The President shall

2 keep appropriate committees of Congress currently informed on the use of

3 expenditures and the exercise of duties and powers under this chapter.

4 CHAPTER 135—IMMIGRANT EDUCATION ASSISTANCE

Sec.

13501. Findings and purpose.

13502. Definitions and application.

13503. Enhanced instructional opportunities.

13504. Applications.

13505. State allocations.

13506. Grants to local educational agencies.

13507. Providing assistance to nonpublic schools when local educational agency does not.

13508. State administrative costs.

13509. Withholding payments.

13510. Reports.

13511. Authorization of appropriations.

5 § 13501. Findings and purpose

6 (a) FINDINGS.—Congress finds that—

7 (1) the education of the children and youth of the United States is

8 one of the most sacred government responsibilities;

9 (2) local educational agencies have struggled to finance education

10 services adequately;

11 (3) in Plyler v. Doe, the Supreme Court held that States have a re12 sponsibility under the Equal Protection Clause of the Constitution to

13 educate all children, regardless of immigration status; and

14 (4) only the United States Government is responsible for immigra15 tion policy.

16 (b) PURPOSE.—The purpose of this chapter is to assist eligible local edu17 cational agencies that experience unexpectedly large increases in their stu18 dent population due to immigration to—

19 (1) provide high-quality instruction to immigrant children and youth;

20 and

21 (2) help immigrant children and youth—

22 (A) with their transition into American society; and

23 (B) meet the same challenging State performance standards ex24 pected of all children and youth.

25 § 13502. Definitions and application

26 (a) DEFINITIONS.—In this chapter—

27 (1) the definitions in section 14101 of the Elementary and Second28 ary Education Act of 1965 (20 U.S.C. 8801) apply, except ‘‘local edu29 cational agency’’ and ‘‘Secretary’’.

30 (2) ‘‘immigrant children and youth’’ has the same meaning given

31 that term in section 7501 of the Elementary and Secondary Education

32 Act of 1965 (20 U.S.C. 7601).
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1 (3) ‘‘local educational agency’’ has the same meaning given that

2 term in section 14101 of the Elementary and Secondary Education Act

3 of 1965 (20 U.S.C. 8801), except that it includes only an agency for

4 which the number of immigrant children and youth enrolled in public

5 elementary and secondary schools under its jurisdiction and in

6 nonpublic elementary and secondary schools in the district it serves,

7 during the fiscal year for which a grant is to be made under this chap8 ter, is at least equal to the lesser of—

9 (A) 500; or

10 (B) 3 percent of the total number of students enrolled in those

11 public or nonpublic schools during that fiscal year.

12 (b) APPLICATION.—Sections 7404 and 7502(a) and parts B–H of title

13 XIV of the Elementary and Secondary Education Act of 1965 (20 U.S.C.

14 7574, 7602(a), 8821 et seq.) apply to this chapter.

15 § 13503. Enhanced instructional opportunities

16 (a) PAYMENTS TO PROVIDE ENHANCED INSTRUCTIONAL OPPORTUNI17 TIES.—The Secretary of Education shall make payments, as provided in this

18 chapter, to State educational agencies for each of the fiscal years ending

19 September 30, 1995–1999, for the purpose stated in section 13501(b) of

20 this title by paying for enhanced instructional opportunities for immigrant

21 children and youth.

22 (b) OPPORTUNITIES INCLUDED.—The enhanced instructional opportuni23 ties referred to in subsection (a) of this section include—

24 (1) family literacy, parent outreach, and training activities designed

25 to assist parents to become active participants in the education of their

26 children;

27 (2) salaries of personnel, including teacher aides who have been

28 trained specifically, or are being trained, to provide services to immi29 grant children and youth;

30 (3) tutorials, mentoring, and academic or career counseling for immi31 grant children and youth;

32 (4) identifying and acquiring curricular materials, educational soft33 ware, and technologies to be used in the program;

34 (5) basic instructional services directly attributable to the presence

35 in the school district of immigrant children and youth, including the

36 cost of providing additional classroom supplies, overhead costs, costs of

37 construction, acquisition, or rental of space, transportation costs, or

38 other costs directly attributable to these additional basic instructional

39 services; and

40 (6) other activities related to the purpose of this chapter that the

41 Secretary may authorize.
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1 § 13504. Applications

2 (a) REQUIREMENTS.—To receive a payment under this chapter for a fis3 cal year, a State educational agency must submit an application to the Sec4 retary of Education at the time, in the way, and containing or accompanied

5 by information the Secretary requires. In the application, the State edu6 cational agency must agree—

7 (1) to administer, or supervise the administration of, the educational

8 programs, services, and activities paid for under this chapter;

9 (2) to ensure that payments under this chapter will be used for the

10 purposes described in sections 13501(b) and 13503 of this title, includ11 ing a description of how local educational agencies receiving amounts

12 under this chapter will—

13 (A) use the amounts to meet those purposes; and

14 (B) coordinate with other programs assisted under the Goals

15 2000: Educate America Act (20 U.S.C. 5801 et seq.), the Elemen16 tary and Secondary Education Act of 1965 (20 U.S.C. 6301 et

17 seq.), and other appropriate acts;

18 (3) to ensure that local educational agencies receiving amounts under

19 this chapter will coordinate the use of those amounts with programs

20 assisted under title I or part A of title VII of the Elementary and Sec21 ondary Education Act of 1965 (20 U.S.C. 6301 et seq., 7401 et seq.);

22 (4) to ensure that those payments (except payments received under

23 section 13506(a) of this title) will be allocated among the local edu24 cational agencies in the State so that each agency receives an amount

25 based on the number of immigrant children and youth counted for that

26 agency under section 13505(a)(1) of this title;

27 (5) to ensure that it will not disapprove finally any part of a local

28 educational agency’s application for an amount under this chapter

29 without giving the local educational agency reasonable notice and op30 portunity for a hearing;

31 (6) to make reports the Secretary requires to carry out this chapter;

32 (7) to ensure that—

33 (A) to the extent consistent with the number of immigrant chil34 dren and youth enrolled in nonpublic elementary and secondary

35 schools in the district served by a local educational agency, the

36 local educational agency, after consulting with the appropriate offi37 cials of the schools, will provide for the benefit of those children

38 and youth secular, neutral, and nonideological services, materials,

39 and equipment necessary to educate those children and youth;

40 (B) a public agency will—
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1 (i) control and administer amounts provided under this

2 chapter; and

3 (ii) own and administer materials, equipment, and property

4 that is repaired, remodeled, or constructed with those

5 amounts;

6 (C) amounts under this clause (7) will not be commingled with

7 State or local amounts; and

8 (D) a public agency will provide immigrant children and youth

9 in nonpublic elementary or secondary schools the services referred

10 to in subclause (A) of this clause through—

11 (i) employees under the control and supervision of the

12 agency; or

13 (ii) a contract with a person or agency that is under the

14 control and supervision of the public agency and, when pro15 viding the services, is independent of the school and of any

16 religious organization;

17 (8) to award amounts reserved under section 13506(a) of this title

18 on a competitive basis based on merit and need as provided in section

19 13506(a); and

20 (9) to ensure that State and local educational agencies receiving

21 amounts under this chapter will comply with the requirements of sec22 tion 1120(b) of the Elementary and Secondary Education Act of 1965

23 (20 U.S.C. 6321(b)).

24 (b) APPROVAL.—The Secretary shall review all applications submitted

25 under subsection (a) of this section and shall approve any application that

26 meets the requirements of subsection (a). The Secretary shall disapprove

27 any application not meeting those requirements but may not disapprove fi28 nally an application without giving the applicant reasonable notice, technical

29 assistance, and an opportunity for a hearing.

30 (c) NOTIFICATION OF AMOUNT APPROVED.—Not later than June 1 of

31 each year, the Secretary shall notify each State educational agency that has

32 an application approved of the amount of the agency’s allocation under sec33 tion 13505(a) of this title for the next fiscal year.

34 § 13505. State allocations

35 (a) ALLOCATIONS.—The Secretary of Education shall allocate the amount

36 appropriated to carry out this chapter for a fiscal year among the State

37 educational agencies. Except as provided in this section, of the amount ap38 propriated for each fiscal year for this chapter, each state participating in

39 the program assisted under this chapter shall receive an allocation equal to

40 the proportion of—
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1 (1) the number of immigrant children and youth enrolled in public

2 elementary and secondary schools under the jurisdiction of the local

3 educational agencies of the State and in nonpublic elementary and sec4 ondary schools in the districts served by the local educational agencies

5 of the State; relative to

6 (2) the total number of immigrant children and youth similarly en7 rolled in all the States participating in the program assisted under this

8 chapter.

9 (b) DETERMINING NUMBER OF IMMIGRANT CHILDREN AND YOUTH.—(1)

10 The Secretary shall determine the number of immigrant children and youth

11 for a State educational agency under this section based on information or

12 estimates provided by the agency under criteria prescribed by the Secretary.

13 However, after notice and opportunity for a hearing, the Secretary may dis14 regard information or estimates that the Secretary decides are clearly erro15 neous.

16 (2) A determination under this subsection based on an overestimate or

17 underestimate may not deprive a State educational agency of the allocation

18 the State otherwise would have received under this chapter if the determina19 tion were based on accurate information.

20 (c) REALLOCATION OF UNUSED AMOUNTS.—When the Secretary deter21 mines that a part of a payment made to a State educational agency under

22 this chapter for a fiscal year will not be used by the agency to carry out

23 the purpose for which the payment was made, the Secretary shall make that

24 part available to one or more State educational agencies to the extent the

25 Secretary decides the other agencies can use the additional amount to carry

26 out the purpose. An amount made available under this subsection to a State

27 educational agency from an appropriation for a fiscal year is deemed in this

28 chapter to be a part of the payment (as determined under subsection (a)

29 of this section) to that agency for that fiscal year, and remains available

30 until the end of the next fiscal year.

31 § 13506. Grants to local educational agencies

32 (a) DISTRIBUTION BY STATE EDUCATIONAL AGENCIES.—(1) If the

33 amount appropriated to carry out this chapter is more than $50,000,000

34 for a fiscal year, a State educational agency may reserve not more than 20

35 percent of the agency’s payment under this chapter for that year to award

36 grants to local educational agencies in the State. The grants shall be award37 ed on a competitive basis.

38 (2)(A) At least one-half of the grants shall be made available to local edu39 cational agencies that have the highest numbers and percentages of immi40 grant children and youth.
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1 (B) Amounts reserved under this subsection and not made available

2 under paragraph (2)(A) of this subsection may be distributed to local edu3 cational agencies in the State that are experiencing a sudden influx of immi4 grant children and youth but otherwise are not eligible for assistance under

5 this chapter.

6 (b) USE OF GRANT.—A local educational agency receiving a grant under

7 subsection (a) of this section shall use the grant to carry out the activities

8 described in section 13503(b) of this title.

9 (c) CONSORTIA.—A local educational agency receiving a grant under this

10 chapter may collaborate or form a consortium with one or more local edu11 cational agencies, institutions of higher education, and nonprofit organiza12 tions to carry out the program described in an application approved under

13 this chapter.

14 (d) SUBGRANTS.—With the approval of the Secretary of Education, a

15 local educational agency receiving a grant under this chapter may make a

16 subgrant to, or a contract with, an institution of higher education, a non17 profit organization, or a consortium of institutions of higher education or

18 nonprofit organizations to carry out a program described in an application

19 approved under this chapter, including a program to serve out-of-school

20 youth.

21 (e) DISTRIBUTION OF INFORMATION.—Local educational agencies receiv22 ing amounts under subsection (a) of this section that have the highest num23 ber of immigrant children and youth may make information on serving im24 migrant children and youth available to local educational agencies in the

25 State with sparse numbers of immigrant children and youth.

26 (f) SIMULTANEOUS SERVICE OF IMMIGRANT CHILDREN AND YOUTH.—

27 This chapter does not prohibit a local educational agency from serving, in

28 the same educational setting where appropriate, immigrant children and

29 youth simultaneously with students with similar educational needs.

30 § 13507. Providing assistance to nonpublic schools when

31 local educational agency does not

32 (a) GENERAL AUTHORITY.—If a local educational agency is prohibited by

33 law from providing educational services for children and youth enrolled in

34 nonpublic elementary and secondary schools as required by section

35 13504(a)(7) of this title, or if the Secretary of Education decides that a

36 local educational agency has failed substantially to, or will not, provide for

37 the participation on an equitable basis of children and youth enrolled in

38 those schools, the Secretary—

39 (1) may waive the requirements of section 13504(a)(7) of this title;

40 and
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1 (2) subject to the other requirements of this chapter, shall arrange

2 for educational services to be provided for those children and youth.

3 (b) WAIVER REQUIREMENTS.—A waiver under this section is subject to

4 consultation, withholding, notice, and judicial review requirements as pro5 vided in title I of the Elementary and Secondary Education Act of 1965

6 (20 U.S.C. 6301 et seq.).

7 § 13508. State administrative costs

8 For any fiscal year, a State educational agency may reserve not more

9 than 1.5 percent of the amount allocated to the agency under section

10 13505(a) of this title to pay the costs of its administrative duties and pow11 ers under this chapter.

12 § 13509. Withholding payments

13 (a) AUTHORITY TO WITHHOLD.—When the Secretary of Education de14 cides that a State educational agency receiving payments under this chapter,

15 or a local educational agency receiving payments from the State educational

16 agency, is not complying with a requirement of this chapter, the Secretary,

17 until satisfied that there is no longer a failure to comply, shall—

18 (1) stop making payments to the State educational agency under this

19 chapter; or

20 (2) prohibit the State educational agency from making payments

21 under this chapter to the local educational agency that is causing, or

22 involved in, the failure.

23 (b) NOTICE AND OPPORTUNITY FOR HEARING.—The Secretary—

24 (1) may act under subsection (a) of this section only after giving the

25 State educational agency reasonable notice and opportunity for a hear26 ing; and

27 (2) shall notify the State educational agency of the action the Sec28 retary is taking under subsection (a) of this section.

29 § 13510. Reports

30 (a) REPORTS BY STATE EDUCATIONAL AGENCIES.—Each State edu31 cational agency receiving amounts under this chapter shall submit a report

32 once every 2 years to the Secretary of Education on the expenditure of

33 amounts by local educational agencies under this chapter. Each local edu34 cational agency receiving amounts under this chapter shall submit to the

35 State educational agency information necessary for the report.

36 (b) REPORTS BY THE SECRETARY.—The Secretary shall submit a report

37 once every 2 years to the appropriate committees of Congress about pro38 grams assisted under this chapter as provided in section 14701 of the Ele39 mentary and Secondary Education Act of 1965 (20 U.S.C. 8941).
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1 § 13511. Authorization of appropriations

2 The following amounts may be appropriated to the Secretary of Edu3 cation to carry out this chapter:

4 (1) $100,000,000 for the fiscal year ending September 30, 1995.

5 (2) necessary amounts for each of the fiscal years ending September

6 30, 1996–1999.

7 CHAPTER 137—STATE LEGALIZATION IMPACT8 ASSISTANCE GRANTS

Sec.

13701. Definitions and nonapplication.

13702. Allotments and allotment uses.

13703. Applications and statements about allotments.

13704. Determining and paying allotments.

13705. Nondiscrimination.

13706. Consultation with State and local officials.

13707. Reports and audits.

13708. Criminal penalties.

13709. Appropriations.

9 § 13701. Definitions and nonapplication

10 (a) DEFINITIONS.—In this chapter—

11 (1) ‘‘eligible legalized alien’’ means an alien having the status of an

12 alien lawfully admitted for temporary residence under chapter 93 of

13 this title, but only until the end of the 5-year period beginning on the

14 date the alien first acquired the status.

15 (2) ‘‘program of public assistance’’ means a program in a State or

16 political subdivision of a State that—

17 (A) provides for cash, medical, or other assistance (as defined

18 by the Secretary of Health and Human Services) designed to meet

19 the basic subsistence or health needs of individuals;

20 (B) is available generally to needy individuals residing in the

21 State or political subdivision; and

22 (C) receives financing from the State government or political

23 subdivision.

24 (3) ‘‘program of public health assistance’’ means a program in a

25 State or political subdivision that—

26 (A) provides public health services, including immunizations for

27 immunizable diseases, testing and treatment for tuberculosis and

28 sexually-transmitted diseases, and family planning services;

29 (B) is available generally to needy individuals residing in the

30 State or political subdivision; and

31 (C) receives financing from the State government or political

32 subdivision.

33 (b) NONAPPLICATION.—The 5-year limitation referred to in subsection

34 (a)(1) of this section does not apply to making payments from amounts ap-
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1 propriated under the Departments of Labor, Health and Human Services,

2 and Education, and Related Agencies Appropriations Act, 1995 (Public Law

3 103–333, 108 Stat. 2558) for—

4 (1) providing public information and outreach activities about natu5 ralization and citizenship; and

6 (2) English language and civics instruction to any adult eligible le7 galized alien who has not met the requirements of section 20301(7)

8 and (8) of this title.

9 § 13702. Allotments and allotment uses

10 (a) GENERAL AUTHORITY.—A State may be paid an allotment as pro11 vided under this chapter. The State may use amounts allotted to the State

12 only—

13 (1) to reimburse the costs of programs of public assistance provided

14 for eligible legalized aliens not disqualified under section 9310 of this

15 title when the assistance is provided;

16 (2) to reimburse the costs of programs of public health assistance

17 provided to any alien who is, or who applied before May 5, 1988, to

18 become, an eligible legalized alien;

19 (3) to pay a State educational agency for assisting a local edu20 cational agency in providing educational services for eligible legalized

21 aliens;

22 (4) to pay for public education and outreach (including providing in23 formation to individual applicants, but not including client counseling

24 or another service that would assume responsibility for an alien’s appli25 cation for adjustment of status) to inform aliens lawfully admitted for

26 temporary residence about—

27 (A) the requirements of chapter 93 of this title related to ad28 justment of status;

29 (B) sources of assistance for aliens obtaining adjustment of sta30 tus, including educational, informational, and referral services, and

31 information about the rights and responsibilities of those aliens

32 and aliens lawfully admitted for permanent residence;

33 (C) the identification of health, employment, and social services;

34 and

35 (D) the importance of identifying oneself to service providers as

36 an alien lawfully admitted for temporary residence; and

37 (5) to pay for education and outreach efforts by State agencies about

38 unfair discrimination in employment practices because of national ori39 gin or citizenship status, except that State agencies may initiate these

40 efforts only after consulting with the Special Counsel for Immigration-
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1 Related Unfair Employment Practices to ensure, to the maximum ex2 tent possible, a uniform program.

3 (b) DISCRETION TO DISTRIBUTE AMONG USES.—Except as provided in

4 subsection (c) of this section, a State may decide on the distribution of

5 amounts among the uses described in subsection (a) of this section.

6 (c) REQUIRED USE PERCENTAGES.—(1) Except as provided in para7 graphs (2) and (3) of this subsection, of the amounts allotted to a State

8 under this chapter in a fiscal year—

9 (A) 10 percent shall be used by the State for reimbursement under

10 subsection (a)(1) of this section;

11 (B) 10 percent shall be used by the State for reimbursement under

12 subsection (a)(2) of this section; and

13 (C) 10 percent shall be used by the State for payments under sub14 section (a)(3) of this section.

15 (2) Subject to paragraph (3) of this subsection, a State not requiring all

16 of the 10 percent of an allotted amount for a use described in subsection

17 (a)(1), (2), or (3) of this section for a fiscal year shall distribute the unused

18 amount equally between the other 2 uses described in subsection (a)(1)–(3).

19 (3) Amounts provided under this chapter may not be used to provide re20 imbursement for more than 100 percent of the costs described in subsection

21 (a)(1) or (2) of this section.

22 (4) Of the amounts allotted to a State under this chapter in a fiscal year,

23 the State may not use more than the greater of—

24 (A) one percent or $100,000, for payments under subsection (a)(4)

25 of this section; and

26 (B) one percent or $100,000, for payments under subsection (a)(5)

27 of this section.

28 (d) LIMITATION ON PAYMENTS.—A payment under this chapter—

29 (1) may be made to a State only for costs for assistance of a pro30 gram of public assistance or public health assistance to the extent the

31 assistance otherwise generally is available under the program to citizens

32 residing in the State; and

33 (2) may not be made for costs to the extent the costs otherwise are

34 reimbursed or paid for under another United States Government pro35 gram.

36 (e) APPLICATION OF CHAPTER 135.—Chapter 135 of this title applies to

37 a payment under subsection (a)(3) of this section except that—

38 (1) a reference in chapter 135 to ‘‘immigrant children’’ is deemed

39 to be a reference to ‘‘eligible legalized aliens’’ (including aliens over 16

40 years of age) during the 5-year period beginning with the first month
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1 in which such an alien acquires the status of an alien lawfully admitted

2 for temporary residence under this title;

3 (2) in determining a payment for an eligible legalized alien over 16

4 years of age, the exception in section 13502(a)(3) of this title does not

5 apply;

6 (3) the State educational agency may provide educational services to

7 adult eligible legalized aliens through local educational agencies and

8 other public agencies and private nonprofit organizations, including

9 community-based organizations of demonstrated effectiveness; and

10 (4) the services may include instruction in English and other pro11 grams designed to enable such aliens to acquire the citizenship skills

12 described in section 20301(a)(7) and (8) of this title.

13 § 13703. Applications and statements about allotments

14 (a) GENERAL REQUIREMENTS.—A State is eligible for payment of an

15 amount allotted under section 13704 of this title only if the State—

16 (1) has filed with the Secretary of Health and Human Services an

17 application containing the information described in subsection (b) of

18 this section, criteria for and administrative methods of distributing

19 amounts received under this chapter, and other information the Sec20 retary decides is necessary to carry out this chapter;

21 (2) has its application approved by the Secretary; and

22 (3) submits to the Secretary a statement certifying that—

23 (A) amounts allotted to the State under this chapter will be

24 used only as provided under section 13702(a) of this title;

25 (B) the State will decide on, and provide a fair method for, allo26 cating amounts among State and local authorities consistent with

27 subsection (b) of this section and section 13702(c) of this title;

28 and

29 (C) fiscal control and accounting procedures will be established

30 that are adequate to meet the requirements of subsection (b) of

31 this section and sections 13702(d) and 13707 of this title.

32 (b) APPLICATION INFORMATION REQUIREMENTS.—The application of

33 each State under this section for each fiscal year must include detailed in34 formation on—

35 (1) the number of eligible legalized aliens residing in the State; and

36 (2) the costs (excluding costs otherwise paid by the United States

37 Government) that the State and each political subdivision is likely to

38 incur for the purposes described in section 13702(a) of this title.

39 § 13704. Determining and paying allotments

40 (a) PRESCRIBING ALLOTMENT FORMULA.—From amounts appropriated

41 under section 13709(a) of this title for a fiscal year (less the amount re-
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1 served for United States Government administrative costs), the Secretary of

2 Health and Human Services shall allot to each State with an application

3 approved under section 13703(a) of this title an amount determined by a

4 formula, prescribed by the Secretary by regulation, that considers—

5 (1) the number of eligible legalized aliens residing in the State in

6 that fiscal year;

7 (2) the ratio of the number of eligible legalized aliens in the State

8 to—

9 (A) the total number of residents of the State; and

10 (B) the total number of eligible legalized aliens in all States in

11 that fiscal year;

12 (3) the expenditures the State is likely to incur in that fiscal year

13 in providing assistance for eligible legalized aliens for which reimburse14 ment or payment may be made under this chapter;

15 (4) the ratio of expenditures in the State to expenditures in all

16 States;

17 (5) changes for the difference in prior years between the State’s ac18 tual expenditures incurred in providing assistance for eligible legalized

19 aliens for which reimbursement or payment may be made under this

20 chapter and the allotment provided the State under this chapter for

21 those years; and

22 (6) other factors the Secretary considers appropriate to provide for

23 an equitable distribution of the amounts.

24 (b) ESTIMATING THE NUMBER OF ELIGIBLE LEGALIZED ALIENS.—In

25 determining the number of eligible legalized aliens under subsection (a) of

26 this section, the Secretary may estimate the number of those aliens on the

27 basis of information the Secretary considers appropriate.

28 (c) ADDITIONAL ALLOTMENTS OF UNALLOTTED AMOUNTS.—If all States

29 have not qualified for allotments under this chapter for the fiscal year, or

30 if at least one State has indicated in its description of activities that it does

31 not intend to use, in that fiscal year or in any subsequent fiscal year begin32 ning before October 1, 1994, the complete allotment, amounts appropriated

33 under this chapter for a fiscal year and not allotted to those States shall

34 be allotted among the remaining States in proportion to the amount other35 wise allotted to the remaining States for the fiscal year.

36 (d) MAKING PAYMENTS.—For each fiscal year, the Secretary shall make

37 payments, as provided in section 6503 of title 31, to each State from its

38 allotment under this section. An amount paid to a State for a fiscal year

39 and remaining unobligated at the end of the year remains available to the

40 State in subsequent fiscal years for the purposes for which it was made.

41 However, the amount is not available after September 30, 1994.
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1 (e) REALLOTMENT OF UNEXPENDED AMOUNTS.—The Secretary shall

2 reallot amounts not expended by the States before December 31, 1994, to

3 States that expended their complete allotment. Reallotment shall be based

4 on each State’s proportionate share of the total unreimbursed legalized alien

5 costs in all States. Not later than 90 days after receiving a reallotment, but

6 before August 1, 1995, a State shall use the reallotted amount to reimburse

7 all allowable costs.

8 § 13705. Nondiscrimination

9 (a) PROHIBITIONS.—(1) A program or activity receiving financial assist10 ance made available under this chapter is a program or activity receiving

11 financial assistance from the United States Government in applying—

12 (A) the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.);

13 (B) section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794);

14 (C) title IX of the Education Amendments of 1972 (20 U.S.C. 1681

15 et seq.); or

16 (D) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et

17 seq.).

18 (2) A person may not be excluded, because of sex or religion, from par19 ticipating in, denied a benefit of, or discriminated against under, a program

20 or activity receiving financial assistance made available under this chapter.

21 (b) VIOLATION NOTICES AND COMPLIANCE REQUESTS.—When the Sec22 retary of Health and Human Services finds that a State or political subdivi23 sion receiving a payment from an allotment under this chapter is not com24 plying with a law referred to in subsection (a)(1) of this section, with sub25 section (a)(2) of this section, or with an applicable regulation (including a

26 regulation prescribed to carry out subsection (a)(2)), the Secretary shall no27 tify the chief executive officer of the State and shall request the chief execu28 tive officer to secure compliance by the State or political subdivision.

29 (c) ADMINISTRATIVE ACTIONS.—If within a reasonable time (but not

30 more than 60 days after providing notice under subsection (b) of this sec31 tion) the chief executive officer does not secure compliance, the Secretary

32 may—

33 (1) refer the matter to the Attorney General with a recommendation

34 that a civil action be brought;

35 (2) act under the Age Discrimination Act of 1975 (42 U.S.C. 6101

36 et seq.), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794),

37 or title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.),

38 as the case may be; or

39 (3) take other action provided by law.
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1 (d) CIVIL ACTIONS.—The Attorney General may bring a civil action in

2 an appropriate district court of the United States for appropriate relief, in3 cluding injunctive relief, when—

4 (1) a matter is referred to the Attorney General under subsection

5 (c)(1) of this section; or

6 (2) the Attorney General believes the program or activity receiving

7 financial assistance made available under this chapter is engaged in a

8 pattern or practice in violation of—

9 (A) a law referred to in subsection (a)(1) of this section; or

10 (B) subsection (a)(2) of this section.

11 § 13706. Consultation with State and local officials

12 In establishing regulations and guidelines to carry out this chapter, the

13 Secretary of Health and Human Services shall consult with representatives

14 of State governments and political subdivisions.

15 § 13707. Reports and audits

16 (a) STATE ANNUAL REPORTS.—Each State shall submit to the Secretary

17 of Health and Human Services an annual report on its activities under this

18 chapter. To evaluate properly and compare the performance of different

19 States provided assistance under this chapter and to ensure the proper ex20 penditure of amounts under this chapter, the report shall be in the form

21 and contain information the Secretary decides (after consulting with the

22 States and the Comptroller General) is necessary—

23 (1) to provide an accurate description of the activities;

24 (2) to provide a complete record of the purposes for which amounts

25 were expended and of the recipients of the amounts; and

26 (3) to establish the extent to which amounts were expended consist27 ent with this chapter.

28 (b) ANNUAL REPORTS BY SECRETARY.—The Secretary—

29 (1) shall report annually to Congress on activities for which amounts

30 are provided under this chapter; and

31 (2) shall submit a copy of the report to each State.

32 (c) AUDITS.—(1) Audits shall be conducted as provided under chapter 75

33 of title 31.

34 (2) Amounts allotted to a State but not expended consistent with this

35 chapter—

36 (A) shall be repaid by the State to the United States Government;

37 or

38 (B) may be offset by the Secretary against any other amount to

39 which the State is or may become entitled under this chapter.

40 (3) After notice and an opportunity for a hearing, the Secretary may

41 withhold payment of amounts to a State not using its allotment as provided
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1 under this chapter. The Secretary may withhold the amounts until the Sec2 retary finds that the reason for withholding no longer exists and there is

3 reasonable assurance that it will not recur.

4 (d) RECORDS.—(1) To evaluate and review assistance provided under this

5 chapter, the Secretary and the Comptroller General shall have access to a

6 record related to the assistance that is in the possession, custody, or control

7 of a State, a political subdivision of a State, or a grantee of a State or polit8 ical subdivision.

9 (2) A State, political subdivision, or grantee is not required to create or

10 prepare new records to comply with paragraph (1) of this subsection.

11 (e) AVAILABILITY OF REPORTS AND AUDITS.—(1) A State shall make

12 copies of each report and audit required under this section available for

13 public inspection within the State.

14 (2) On request, a copy of the annual report required by subsection (a)

15 of this section shall be provided to any interested public agency. Each such

16 agency may submit its views on the report to Congress.

17 § 13708. Criminal penalties

18 A person shall be fined under title 18, imprisoned for not more than 5

19 years, or both, if the person—

20 (1) knowingly and willfully makes or causes to be made a false state21 ment or misrepresentation of a material fact related to providing assist22 ance or services for which payment may be made by a State from

23 amounts allotted to the State under this chapter; or

24 (2) knowing of the occurrence of an event affecting the initial or con25 tinued right to a payment, conceals or does not disclose the event with

26 an intent to receive payment fraudulently—

27 (A) in a greater amount than is due; or

28 (B) when no payment is authorized.

29 § 13709. Appropriations

30 (a) ANNUAL APPROPRIATION.—For the fiscal year ending September 30,

31 1994, there is appropriated $812,000,000 to carry out this chapter for costs

32 incurred after September 30, 1989, including United States Government,

33 State government, and political subdivision administrative costs.

34 (b) CHANGES IN APPROPRIATED AMOUNTS.—(1) Except as provided in

35 paragraphs (2) and (3) of this subsection, the amount appropriated for a

36 fiscal year is decreased by the amount estimated to be expended by the Gov37 ernment in that year (as contained in the annual budget submitted by the

38 President to Congress for that year) for programs of financial assistance,

39 medical assistance, and assistance under the Food Stamp Act of 1977 (7

40 U.S.C. 2011 et seq.) for aliens eligible for assistance under section
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1 9310(a)(1) of this title only because of section 9310(a)(3) and (b) of this

2 title.

3 (2) The amount estimated under paragraph (1) of this section shall ex4 clude an amount attributable to supplemental security benefits paid under

5 title XVI of the Social Security Act (42 U.S.C. 1381 et seq.) or medical

6 assistance provided under a State plan approved under title XIX of the So7 cial Security Act (42 U.S.C. 1396 et seq.) for—

8 (A) an alien who the Secretary of Health and Human Services de9 cides, based on an application filed before May 5, 1988, for benefits

10 under section 212 of the Act of July 9, 1973 (42 U.S.C. 1382 (note))

11 or title XVI, is—

12 (i) residing permanently in the United States under color of law

13 as provided in section 1614(a)(1)(B)(ii) of the Social Security Act

14 (42 U.S.C. 1382c(a)(1)(B)(ii)); and

15 (ii) eligible to receive the benefits under section 212 or title XVI

16 for April, 1988; and

17 (B) as long as the alien continues without interruption to be eligible

18 to receive the benefits under section 212 or title XVI.

19 (3) If expenditures by the Government (as described in paragraph (1) of

20 this subsection) for a fiscal year are more than, or less than, the amount

21 estimated to be expended for that year under paragraph (1) (considering

22 any change under this paragraph), the amount described in this section for

23 the next fiscal year shall be decreased or increased, respectively, by the

24 amount of the excess or deficit for the prior fiscal year.

25 CHAPTER 139—REIMBURSEMENT FOR COSTS OF

26 IMPRISONING CUBAN NATIONALS AND ILLEGAL ALIENS

Sec.

13901. Payment of costs of imprisoning certain Cuban nationals.

13902. Reimbursement of costs of imprisoning certain Cuban nationals and illegal aliens.

13903. Limitation.

27 § 13901. Payment of costs of imprisoning certain Cuban na28 tionals

29 (a) PAYMENTS TO STATES AND COUNTIES.—The Attorney General shall

30 pay a State or county for costs incurred by the State or county in imprison31 ing, during the fiscal year for which payment is made, a Cuban national

32 who—

33 (1) was paroled into the United States in 1980 by the Attorney Gen34 eral;

35 (2) after being paroled, violated a State or county law for which a

36 term of imprisonment was imposed; and
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1 (3) at the time of the parole and violation, was not lawfully admitted

2 for permanent residence or not admitted under an immigrant or non3 immigrant visa issued under this title.

4 (b) APPLICATIONS FOR PAYMENTS.—For a State or county to be paid

5 under this section, the chief executive officer of the State or county shall

6 submit an application to the Attorney General, under regulations prescribed

7 by the Attorney General. The application shall contain—

8 (1) the number and names of Cuban nationals for whose imprison9 ment the State or county is entitled to be paid; and

10 (2) other information the Attorney General requires.

11 (c) REDUCTION IF APPROPRIATIONS INSUFFICIENT.—For each fiscal

12 year, the Attorney General shall make payment under this section to States

13 and counties the Attorney General decides are eligible under this section.

14 However, if amounts appropriated for the fiscal year to carry out this sec15 tion are not sufficient to make all payments, each payment shall be ratably

16 reduced so that the total of the payments equals the amount appropriated.

17 (d) POLICY ON RETURN OF CUBAN NATIONALS.—It is the policy of the

18 United States Government that the President, in consultation with the At19 torney General, other appropriate officials of the United States Government,

20 and appropriate State and county chief executive officers referred to in sub21 section (b) of this section, shall place top priority on seeking the expeditious

22 removal from the United States and return by any responsible means to

23 Cuba of Cuban nationals described in subsection (a) of this section.

24 § 13902. Reimbursement of costs of imprisoning certain

25 Cuban nationals and illegal aliens

26 (a) GENERAL.—The Attorney General shall reimburse a State for costs

27 incurred by the State in imprisoning any of the following Cuban nationals

28 and illegal aliens convicted by the State of a felony:

29 (1) a Cuban national who—

30 (A) was paroled into the United States in 1980 by the Attorney

31 General;

32 (B) after being paroled, violated a State or local law for which

33 a term of imprisonment was imposed; and

34 (C) at the time of parole and violation, was not lawfully admit35 ted for permanent or temporary residence or not admitted under

36 an immigrant or nonimmigrant visa issued under this title.

37 (2) an illegal alien who is in the United States unlawfully and—

38 (A) whose most recent entry into the United States was without

39 inspection; or

40 (B) who was admitted to the United States as a nonimmigrant

41 and whose—
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1 (i) period of authorized stay as a nonimmigrant expired be2 fore the date of committing the crime for which the illegal

3 alien was convicted; or

4 (ii) unlawful status was known to the United States Gov5 ernment before the date of committing the crime for which

6 the alien was convicted.

7 (b) REGULATIONS.—The Attorney General shall prescribe regulations—

8 (1) providing eligibility requirements for States seeking reimburse9 ment under subsection (a) of this section;

10 (2) requiring that States seeking reimbursement under subsection

11 (a) of this section verify the eligible incarcerated population data with

12 the Attorney General;

13 (3) providing a formula for distributing assistance under subsection

14 (a) of this section to eligible States; and

15 (4) awarding assistance to eligible States.

16 § 13903. Limitation

17 The Attorney General may expend amounts under this chapter in a fiscal

18 year only to the extent and in the amount provided in advance by an appro19 priation law.

20 SUBTITLE V—CITIZENSHIP AND NATIONALITY

CHAPTER Sec.

201. CITIZENSHIP AND NATIONALITY AT BIRTH AND COLLECTIVE

NATURALIZATION.

20101

203. NATURALIZATION ELIGIBILITY .............................................................. 20301

205. NATURALIZATION PROCEDURE .............................................................. 20501

207. LOSS OF NATIONALITY .............................................................................. 20701

209. NATIONALITY DOCUMENTS ..................................................................... 20901

211. MISCELLANEOUS ......................................................................................... 21101

21 CHAPTER 201—CITIZENSHIP AND NATIONALITY AT

22 BIRTH AND COLLECTIVE NATURALIZATION

Sec.

20101. Individuals born in the United States.

20102. Individuals born in American Samoa.

20103. Individuals found in the United States or American Samoa.

20104. Individuals born outside the United States and American Samoa.

20105. Individuals born out of wedlock.

20106. Individuals born in the Republic of Panama or the Canal Zone.

20107. Noncitizen Indians born in Alaska after March 29, 1867, and before June 2, 1924.

20108. Citizens of the Republic of Hawaii and individuals born in Hawaii after August 11,

1898, and before April 30, 1900.

20109. Individuals residing in or born in Guam after April 10, 1899, and before August 1,

1950.

20110. Individuals born in Puerto Rico after April 10, 1899, and before January 13, 1941.

20111. Individuals born in or residing in the Virgin Islands after January 17, 1917, and before June 28, 1932.

23 § 20101. Individuals born in the United States

24 (a) CITIZEN AT BIRTH.—The following individuals are citizens of the

25 United States at birth:
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1 (1) an individual born in, and subject to the jurisdiction of, the

2 United States.

3 (2) an individual born in the United States to a member of an In4 dian, Eskimo, Aleutian, or other aboriginal tribe.

5 (b) PROPERTY RIGHTS NOT AFFECTED.—Subsection (a)(2) of this sec6 tion does not affect property rights.

7 § 20102. Individuals born in American Samoa

8 (a) CITIZEN AT BIRTH.—An individual born in American Samoa is a citi9 zen of the United States at birth if one of the individual’s parents is a citi10 zen of the United States who was physically present in the United States

11 or American Samoa for at least one continuous year before the individual’s

12 birth.

13 (b) NATIONAL, BUT NOT CITIZEN, AT BIRTH.—An individual born in

14 American Samoa who is not a citizen of the United States at birth under

15 subsection (a) of this section is a national, but not a citizen, of the United

16 States at birth.

17 § 20103. Individuals found in the United States or American

18 Samoa

19 (a) CITIZEN AT BIRTH.—An individual of unknown parents found in the

20 United States before becoming 5 years of age is a citizen of the United

21 States at birth unless shown, before the individual becomes 21 years of age,

22 that the individual was not born in the United States.

23 (b) NATIONAL, BUT NOT CITIZEN, AT BIRTH.—An individual of unknown

24 parents found in American Samoa before becoming 5 years of age is a na25 tional, but not a citizen, of the United States at birth unless shown, before

26 the individual becomes 21 years of age, that the individual was not born

27 in American Samoa.

28 § 20104. Individuals born outside the United States and

29 American Samoa

30 (a) CITIZEN AT BIRTH.—An individual born outside the United States

31 and American Samoa is a citizen of the United States at birth if—

32 (1) both parents are citizens of the United States and at least one

33 parent had a residence in the United States or American Samoa before

34 the individual’s birth;

35 (2) one parent is a national, but not a citizen, of the United States

36 and the other parent is a citizen of the United States who was phys37 ically present in the United States or American Samoa for at least one

38 continuous year before the individual’s birth; or

39 (3) one parent is an alien and the other parent is a citizen of the

40 United States who, before the individual’s birth, was physically present
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1 in the United States or American Samoa for at least 5 years, at least

2 2 of which were after the citizen parent became 14 years of age.

3 (b) NATIONAL, BUT NOT CITIZEN, AT BIRTH.—(1) An individual born

4 outside the United States and American Samoa is a national, but not a citi5 zen, of the United States at birth if—

6 (A) both parents are nationals, but not citizens, of the United States

7 who had a residence in the United States or American Samoa before

8 the individual’s birth; or

9 (B) one parent is an alien and the other parent is a national, but

10 not a citizen, of the United States who, before the individual’s birth,

11 was physically present in the United States or American Samoa for at

12 least 7 years in any continuous 10–year period—

13 (i) during which the national parent was not outside the United

14 States and American Samoa for more than one continuous year;

15 and

16 (ii) at least 5 years of which were after the national parent be17 came 14 years of age.

18 (2) An individual born before August 27, 1986, is a national, but not a

19 citizen, of the United States under paragraph (1)(B) of this subsection only

20 as of the date the individual satisfies the Secretary of State that the individ21 ual meets the requirements of paragraph (1)(B).

22 (c) TIME OUTSIDE THE UNITED STATES INCLUDED IN PERIOD OF PRES23 ENCE.—In subsections (a)(3) and (b)(1)(B) of this section, the period of

24 physical presence includes, for an individual born after December 23, 1952,

25 any period the citizen parent or national parent spent outside the United

26 States and American Samoa—

27 (1) honorably serving in the armed forces of the United States or

28 employed by the United States Government or an international organi29 zation; or

30 (2) as a dependent unmarried son or daughter and member of the

31 household of an individual honorably serving in the armed forces or em32 ployed by the Government or an international organization.

33 (d) INDIVIDUAL BORN BETWEEN 1941 AND 1952.—Subsection (a)(3) of

34 this section also applies to an individual if—

35 (1) the individual was born outside the United States and American

36 Samoa after January 12, 1941, and before December 24, 1952;

37 (2) one of the individual’s parents is a citizen of the United States

38 who served in the armed forces of the United States after December

39 31, 1946, and before December 24, 1952; and

40 (3) the individual did not become a citizen under section 201(g) or

41 (i) of the Nationality Act of 1940 (ch. 876, 54 Stat. 1139).
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1 (e) INDIVIDUAL BORN BEFORE MAY 24, 1934, WHOSE MOTHER WAS

2 CITIZEN.—(1) An individual is a citizen of the United States at birth if—

3 (A) the individual was born before noon (Eastern Standard Time)

4 May 24, 1934, outside the limits and jurisdiction of the United States;

5 (B) the individual’s father was an alien; and

6 (C) the individual’s mother was a citizen of the United States at the

7 time of the individual’s birth and had resided in the United States be8 fore the individual’s birth.

9 (2) When an individual is claiming citizenship of the United States based

10 on descent from an individual described in paragraph (1) of this subsection,

11 any law that provided for loss of citizenship or nationality for failure to

12 come to, reside in, or be physically present in the United States does not

13 apply, including—

14 (A) the provisos of section 201(g) of the Nationality Act of 1940 (ch.

15 876, 54 Stat. 1139); and

16 (B) section 301(b) of the Immigration and Nationality Act (ch. 477,

17 66 Stat. 236) (as in effect before October 10, 1978).

18 (3)(A) Except as provided in subparagraphs (B) and (C) of this para19 graph, the immigration laws of the United States shall be applied to an in20 dividual as though paragraphs (1) and (2) of this subsection had been in

21 effect on the date of the individual’s birth.

22 (B) Retroactive application of paragraphs (1) and (2) of this subsection

23 does not affect the citizenship of an individual who obtained citizenship

24 under section 1993 of the Revised Statutes (as in effect before May 24,

25 1934).

26 (C) Retroactive application of paragraphs (1) and (2) of this subsection

27 does not confer citizenship on, or affect the validity of any denaturalization,

28 exclusion, or deportation action against, an individual who—

29 (i) is or was excludable from the United States under section 6309

30 of this title; or

31 (ii) was excluded from, or would not have been eligible for admission

32 to, the United States under the Displaced Persons Act of 1948 (ch.

33 647, 62 Stat. 1009) or section 14 of the Refugee Relief Act of 1953

34 (ch. 336, 67 Stat. 406).

35 (4) This subsection does not affect any residency or other retention re36 quirement, as in effect before October 10, 1978, related to granting of citi37 zenship.

38 § 20105. Individuals born out of wedlock

39 (a) NATIONALITY AT BIRTH THROUGH MOTHER.—An individual born out

40 of wedlock outside the United States after December 23, 1952, is—
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1 (1) a citizen of the United States at birth if the mother is a citizen

2 of the United States who was physically present in the United States

3 or American Samoa for at least one continuous year before the individ4 ual’s birth; or

5 (2) a national, but not a citizen, of the United States at birth if the

6 mother is a national, but not a citizen, of the United States who was

7 physically present in the United States or American Samoa for at least

8 one continuous year before the individual’s birth.

9 (b) NATIONALITY AT BIRTH THROUGH FATHER.—(1) Sections 20102(a)

10 and 20104(a) and (b)(1)(A) of this title apply to an individual born out of

11 wedlock after December 23, 1952, if—

12 (A) a blood relationship between the individual and the father is es13 tablished by clear and convincing evidence;

14 (B) the father—

15 (i) is a citizen of the United States or a national, but not a citi16 zen, of the United States when the individual is born; and

17 (ii) if alive when the individual is born, agrees in writing to pro18 vide financial support for the individual until the individual is 18

19 years of age; and

20 (C) before the individual becomes 18 years of age—

21 (i) the individual is legitimated under the law of the individual’s

22 residence or domicile;

23 (ii) the father acknowledges paternity in writing under oath; or

24 (iii) a court of competent jurisdiction establishes paternity.

25 (2) Section 20104(a)(3) of this title applies to an individual born out of

26 wedlock after January 12, 1941, and before December 24, 1952, if pater27 nity is established and the individual is legitimated before becoming 21

28 years of age.

29 § 20106. Individuals born in the Republic of Panama or the

30 Canal Zone

31 (a) INDIVIDUAL BORN IN REPUBLIC OF PANAMA.—An individual born in

32 the Republic of Panama after February 25, 1904, is a citizen of the United

33 States at birth if one parent is a citizen of the United States employed by

34 the Government or the Panama Canal Commission or its successor when the

35 individual is born.

36 (b) INDIVIDUAL BORN IN CANAL ZONE.—An individual born in the Canal

37 Zone after February 25, 1904, and before October 1, 1979, is a citizen of

38 the United States at birth if one parent was a citizen of the United States

39 when the individual was born.
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1 § 20107. Noncitizen Indians born in Alaska after March 29,

2 1867, and before June 2, 1924

3 A noncitizen Indian born in Alaska after March 29, 1867, and before

4 June 2, 1924, is a citizen of the United States as of June 2, 1924.

5 § 20108. Citizens of the Republic of Hawaii and individuals

6 born in Hawaii after August 11, 1898, and before

7 April 30, 1900

8 The following individuals are citizens of the United States as of April 30,

9 1900:

10 (1) a citizen of the Republic of Hawaii on August 12, 1898.

11 (2) an individual born in Hawaii after August 11, 1898, and before

12 April 30, 1900.

13 § 20109. Individuals residing in or born in Guam after April

14 10, 1899, and before August 1, 1950

15 (a) CITIZENSHIP.—Except as provided in this section, the following indi16 viduals are citizens of the United States as of August 1, 1950:

17 (1) a Spanish subject or an individual born in Guam who resided in

18 Guam on April 11, 1899, and continued to reside in the United States

19 or a territory or possession of the United States through August 1,

20 1950.

21 (2) an individual born after April 11, 1899, and before August 1,

22 1950, whose parents are citizens under clause (1) of this subsection.

23 (3) an individual born in Guam after April 10, 1899, and before Au24 gust 1, 1950, and subject to the jurisdiction of the United States.

25 (b) INDIVIDUAL WHO TOOK AFFIRMATIVE STEP TO PRESERVE OR AC26 QUIRE NATIONALITY OF A FOREIGN COUNTRY.—Subsection (a) of this sec27 tion does not apply to an individual who took an affirmative step to preserve

28 or acquire the nationality of a foreign country before August 1, 1950.

29 (c) INDIVIDUAL WHO DECLARED DESIRE TO REMAIN A NATIONAL OF

30 A FOREIGN COUNTRY.—An individual under this section who was a national

31 of a foreign country before August 1, 1950, and who declared under oath

32 before August 1, 1952, in a way prescribed by the Attorney General, a de33 sire to remain a national of the foreign country is not a national of the

34 United States as of the date the declaration is made.

35 § 20110. Individuals born in Puerto Rico after April 10, 1899,

36 and before January 13, 1941

37 An individual is a citizen of the United States as of January 13, 1941,

38 if the individual was—

39 (1) born in Puerto Rico after April 10, 1899, and before January

40 13, 1941;

41 (2) subject to the jurisdiction of the United States; and
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1 (3) residing in the United States or a territory or possession of the

2 United States on January 13, 1941.

3 § 20111. Individuals born in or residing in the Virgin Islands

4 after January 17, 1917, and before June 28, 1932

5 The following individuals are citizens of the United States as of February

6 25, 1927:

7 (1) an individual born in the Virgin Islands who—

8 (A) resided in the Virgin Islands on January 17, 1917, resided

9 in the United States on February 25, 1927, and was not a citizen

10 or subject of a foreign country on February 25, 1927;

11 (B) resided in the United States on January 17, 1917, resided

12 in the Virgin Islands on February 25, 1927, and was not a citizen

13 or subject of a foreign country on February 25, 1927;

14 (C) resided in the continental United States or a territory or

15 possession of the United States on June 28, 1932, and was not

16 a citizen or subject of a foreign country on June 28, 1932; or

17 (D) after January 16, 1917, and before February 25, 1927, was

18 subject to the jurisdiction of the United States.

19 (2) a citizen of Denmark who—

20 (A) resided in the Virgin Islands on January 17, 1917;

21 (B) resided in the United States on February 25, 1927; and

22 (C) did not make the declaration to preserve Danish citizenship

23 under article 6 of the treaty of August 4, 1916, between the

24 United States and Denmark, or made the declaration and re25 nounced it, or renounces it by a declaration before a court of

26 record.

27 (3) an individual born after January 17, 1917, and before February

28 25, 1927, whose parents are citizens of the United States under clause

29 (1) or (2) of this section.

30 CHAPTER 203—NATURALIZATION ELIGIBILITY

SUBCHAPTER I—ELIGIBILITY

Sec.

20301. General requirements.

20302. Temporary absences for certain employment.

20303. Temporary absences to perform religious functions.

20304. Individuals married to citizens of the United States.

20305. Children born of an alien parent and a citizen parent.

20306. Children born of alien parents or a parent who lost citizenship.

20307. Children having a citizen parent at time of application.

20308. Disabled and elderly individuals.

20309. Individuals employed by United States nonprofit organizations disseminating information.

20310. Individuals making extraordinary contributions to the security of the United States.

20311. Individuals with service on American vessels.

20312. Individuals with 3 years of service in the armed forces.

20313. Individuals with service in the armed forces during war or military hostilities.
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20314. Posthumous naturalization of individuals who die during service in the armed forces

during war or military hostilities.

20315. Individuals who lost citizenship by entering the armed forces of a foreign country.

20316. Alien enemies.

20317. Individuals born outside the United States who lost citizenship by not coming to the

United States.

20318. Women who lost citizenship through marriage.

20319. Nationals residing in American Samoa.

20320. Philippine citizens who entered before May 1, 1934.

SUBCHAPTER II—INELIGIBILITY

20331. Individuals dangerous to the welfare, safety, and security of the United States.

20332. Deserters and draft evaders.

20333. Aliens exempted or discharged from the armed forces or the National Security Training Corps.

1 SUBCHAPTER I—ELIGIBILITY

2 § 20301. General requirements

3 (a) NATURALIZATION REQUIREMENTS.—Except as otherwise provided, an

4 individual may be naturalized as a citizen of the United States only if the

5 individual satisfies the following requirements:

6 (1) The individual must be at least 18 years of age when the applica7 tion for naturalization is filed.

8 (2) The individual must be lawfully admitted for permanent resi9 dence.

10 (3) The individual must have resided in the United States, after

11 being lawfully admitted for permanent residence, continuously for at

12 least 5 years immediately before filing the application.

13 (4) The individual must have been physically present in the United

14 States for at least half of the 5 years immediately before filing the ap15 plication.

16 (5) The individual must have resided in the State or district of the

17 Immigration and Naturalization Service in the United States in which

18 the application is filed for at least 3 months immediately before filing

19 the application.

20 (6) The individual must reside in the United States continuously

21 from the date of filing the application through the time the individual

22 is naturalized.

23 (7) The individual must be able to demonstrate an understanding of

24 the English language, including the ability to speak words in ordinary

25 usage and the ability to read and write simple words and phrases in

26 ordinary usage, without extraordinary or unreasonable conditions being

27 required.

28 (8) The individual must be able to demonstrate knowledge and un29 derstanding of the fundamentals of the history, and of the principles

30 and form of government, of the United States.
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1 (9) The individual must have been of good moral character, attached

2 to the principles of the Constitution, and well disposed to the good

3 order and happiness of the United States for at least 5 years imme4 diately before filing the application, and remain so from the date of fil5 ing the application through the time the individual is naturalized.

6 (b) CONDUCT MORE THAN 5 YEARS BEFORE APPLICATION FILED.—

7 Conduct more than 5 years before an application is filed may be considered

8 in deciding whether an individual satisfies the requirements of subsection

9 (a)(9) of this section.

10 (c) TEMPORARY ABSENCES.—(1) An absence from the United States of

11 not more than 6 months does not break the continuity of residence required

12 under subsection (a) of this section.

13 (2) An absence of more than 6 months but less than one year breaks the

14 continuity of residence, unless the individual satisfies the Attorney General

15 that the individual did not abandon residence in the United States during

16 the absence.

17 (3) Except as otherwise provided, an absence of one year breaks the con18 tinuity of residence.

19 (d) PROHIBITION ON DISCRIMINATION.—The right of an individual to be

20 naturalized as a citizen of the United States may not be denied or abridged

21 because of race or sex or because the individual is married.

22 § 20302. Temporary absences for certain employment

23 (a) RESIDENCE.—An individual temporarily absent from the United

24 States (even though for a year or more) is deemed to be residing in the

25 United States under section 20301(a)(3) and (6) of this title during the ab26 sence if—

27 (1) the individual has resided and been physically present in the

28 United States, after being lawfully admitted for permanent residence,

29 continuously for at least one year;

30 (2) after the one-year period described in clause (1) of this sub31 section—

32 (A) the individual is employed by or under a contract with the

33 United States Government;

34 (B) the individual is employed by or under a contract with, and

35 carrying out scientific research for, a United States research insti36 tution recognized by the Attorney General;

37 (C)(i) the individual is employed by a United States firm or cor38 poration developing foreign trade and commerce of the United

39 States, or by a subsidiary of the firm or corporation more than

40 50 percent of the stock of which is owned by the firm or corpora41 tion; and
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1 (ii) the individual is developing foreign trade and commerce of

2 the United States or the individual’s residence outside the United

3 States is necessary to protect the property rights of the firm or

4 corporation in a foreign country; or

5 (D) the individual—

6 (i) is employed by a public international organization of

7 which the United States is a member by treaty or law; and

8 (ii) was not employed by the organization until after being

9 lawfully admitted for permanent residence;

10 (3) before beginning the employment and before the end of one year

11 of continuous absence from the United States, the individual satisfies

12 the Attorney General that the absence will be for a purpose described

13 in clause (2) of this subsection; and

14 (4) the individual satisfies the Attorney General that the absence

15 was for the purpose for which the absence was approved.

16 (b) PHYSICAL PRESENCE.—(1) Except as provided in paragraph (2) of

17 this subsection, an individual satisfying subsection (a) of this section still

18 must satisfy the physical presence requirement of section 20301(a)(4) of

19 this title.

20 (2) An individual employed by or under a contract with the Government

21 and satisfying subsection (a) of this section does not have to satisfy the

22 physical presence requirement of section 20301(a)(4) of this title.

23 (3) An individual employed by or under a contract with the Central Intel24 ligence Agency may satisfy the physical presence requirement of subsection

25 (a)(1) of this section by physical presence at any time before filing the ap26 plication for naturalization.

27 (c) SPOUSES, UNMARRIED SONS, AND UNMARRIED DAUGHTERS.—A

28 spouse, unmarried son, or unmarried daughter of an individual satisfying

29 subsection (a) of this section is entitled to the same benefits under sub30 section (a) as the individual during the period the spouse, son, or daughter

31 resided outside the United States as a dependent member of the household

32 of the individual.

33 § 20303. Temporary absences to perform religious functions

34 An individual temporarily absent from the United States is deemed to be

35 residing and physically present in the United States under section

36 20301(a)(3), (4), and (6) of this title during the absence if the individual—

37 (1) has resided and been physically present in the United States,

38 after being lawfully admitted for permanent residence, continuously for

39 at least one year before filing the application for naturalization;
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1 (2)(A) is authorized to perform the ministerial or priestly functions

2 of a religious denomination having a bona fide organization in the

3 United States; or

4 (B) is serving only as a missionary, brother, nun, or sister of a reli5 gious denomination or an interdenominational mission organization

6 having an organization in the United States; and

7 (3) satisfies the Attorney General that the absence was only to per8 form the functions or service described in clause (2) of this section.

9 § 20304. Individuals married to citizens of the United States

10 (a) GENERAL.—An individual married to a citizen of the United States

11 may be naturalized without regard to section 20301(a)(3) or (4) of this title

12 if the individual—

13 (1) resided in the United States, after being lawfully admitted for

14 permanent residence, continuously for at least 3 years immediately be15 fore filing the application for naturalization;

16 (2) lived in marriage with the citizen spouse for the 3-year period,

17 with the spouse being a citizen during all of that period; and

18 (3) was physically present in the United States for at least half of

19 the 3-year period.

20 (b) CITIZEN SPOUSES EMPLOYED OUTSIDE UNITED STATES.—An indi21 vidual married to a citizen of the United States may be naturalized without

22 regard to section 20301(a)(3)–(6) of this title if—

23 (1) the citizen spouse is—

24 (A) employed by the United States Government;

25 (B) employed by a United States research institution recognized

26 by the Attorney General;

27 (C) employed by a United States firm or corporation developing

28 foreign trade and commerce of the United States or by a subsidi29 ary of the firm or corporation;

30 (D) employed by a public international organization of which

31 the United States is a member by treaty or law;

32 (E) authorized to perform the ministerial or priestly functions

33 of a religious denomination having a bona fide organization in the

34 United States; or

35 (F) serving only as a missionary of a religious denomination or

36 an interdenominational mission organization having a bona fide

37 organization in the United States;

38 (2) the citizen spouse is regularly stationed outside the United States

39 in the employment or activity described in clause (1) of this subsection;

40 (3) the individual declares in good faith to the Attorney General an

41 intention to reside in the United States immediately after the employ-
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1 ment or activity of the citizen spouse outside the United States ends;

2 and

3 (4) the individual is in the United States at the time of naturaliza4 tion.

5 (c) SURVIVING SPOUSES OF CITIZENS IN ARMED FORCES.—(1) An indi6 vidual may be naturalized without regard to section 20301(a)(3)–(6) of this

7 title if—

8 (A) the individual is the surviving spouse of a citizen of the United

9 States who died when serving honorably on active duty in the armed

10 forces of the United States; and

11 (B) the individual and the citizen spouse were living in marriage at

12 the time of the death.

13 (2) This subsection does not apply to an individual who is the surviving

14 spouse of a citizen granted citizenship posthumously under section 20314

15 of this title.

16 § 20305. Children born of an alien parent and a citizen par17 ent

18 (a) GENERAL.—A child born outside the United States, one of whose par19 ents at the time of the child’s birth was an alien and the other of whose

20 parents at the time of the child’s birth was a citizen of the United States

21 and remains a citizen, is naturalized as a citizen of the United States when

22 the following events occur, if they occur before the child becomes 18 years

23 of age:

24 (1) the alien parent is naturalized.

25 (2) the child begins residing in the United States after being lawfully

26 admitted for permanent residence.

27 (b) ADOPTED CHILD.—Subsection (a) of this section applies to an adopt28 ed child only if the child, at the time of the naturalization of the alien par29 ent, is—

30 (1) in the custody of the adoptive parents; and

31 (2) residing in the United States after being lawfully admitted for

32 permanent residence.

33 § 20306. Children born of alien parents or a parent who lost

34 citizenship

35 (a) GENERAL.—A child born outside the United States of alien parents,

36 or of one alien parent and one parent who was a citizen of the United

37 States at the time of the child’s birth but later lost citizenship, is natural38 ized as a citizen of the United States when the following events occur, if

39 they before the child becomes 18 years of age:

40 (1)(A) both parents are naturalized;

41 (B) the surviving parent is naturalized if one parent is deceased;
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1 (C) the parent with legal custody is naturalized if the parents are

2 legally separated; or

3 (D) the mother is naturalized if the child was born out of wedlock

4 and paternity is not established by legitimation.

5 (2) the child begins residing in the United States after being lawfully

6 admitted for permanent residence.

7 (b) ADOPTED CHILD.—Subsection (a) of this section applies to an adopt8 ed child only if the child, at the time of the naturalization of the alien par9 ent or parents, is—

10 (1) in the custody of the adoptive parents; and

11 (2) residing in the United States after being lawfully admitted for

12 permanent residence.

13 § 20307. Children having a citizen parent at time of applica14 tion

15 (a) FILING OF APPLICATION.—A parent who is a citizen of the United

16 States may file an application with the Attorney General for a certificate

17 of citizenship for a child born outside the United States. The application

18 may be filed outside the United States.

19 (b) REQUIREMENTS.—The Attorney General shall approve the application

20 if satisfied that—

21 (1) the parent is a citizen of the United States;

22 (2) the child is—

23 (A) less than 18 years of age;

24 (B) lawfully admitted to, and physically present in, the United

25 States; and

26 (C) in the legal custody of the citizen parent;

27 (3) if the child is adopted, the child—

28 (A) was adopted under 16 years of age by the citizen parent;

29 and

30 (B) meets the requirements of section 108(a)(5) or (6) of this

31 title; and

32 (4) if the citizen parent has not been physically present in the

33 United States or American Samoa for at least 5 years, at least 2 of

34 which were after becoming 14 years of age—

35 (A) the child is residing permanently in the United States with

36 the citizen parent after being lawfully admitted for permanent res37 idence; or

38 (B) a citizen parent of the citizen parent has been physically

39 present in the United States or American Samoa for at least 5

40 years, at least 2 of which were after becoming 14 years of age.
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1 (c) OATH.—The child must take, and sign, in front of an immigration

2 officer in the United States the oath required by section 20509 of this title,

3 unless waived under section 20509(c).

4 (d) CERTIFICATE OF CITIZENSHIP.—When the requirements of this sec5 tion are met, the child becomes a citizen of the United States and shall be

6 issued a certificate of citizenship by the Attorney General.

7 § 20308. Disabled and elderly individuals

8 (a) DISABLED INDIVIDUALS.—An individual may be naturalized without

9 regard to section 20301(a)(7) or (8) of this title if the individual is unable

10 to satisfy those requirements because of physical or developmental disability

11 or mental impairment.

12 (b) ELDERLY INDIVIDUALS.—(1) An individual may be naturalized with13 out regard to section 20301(a)(7) of this title if, on the date the application

14 for naturalization is filed, the individual is—

15 (A) at least 50 years of age and has lived in the United States for

16 at least 20 years after being lawfully admitted for permanent residence;

17 or

18 (B) at least 55 years of age and has lived in the United States for

19 at least 15 years after being lawfully admitted for permanent residence.

20 (2) The Attorney General shall prescribe regulations providing for special

21 consideration (as decided by the Attorney General) in satisfying section

22 20301(a)(8) of this title for an individual who, on the date the application

23 for naturalization is filed, is at least 65 years of age and has lived in the

24 United States for at least 20 years after being lawfully admitted for perma25 nent residence.

26 § 20309. Individuals employed by United States nonprofit or27 ganizations disseminating information

28 An individual may be naturalized without regard to section 20301(a)(3)–

29 (6) of this title if the individual—

30 (1) is employed by a nonprofit organization incorporated in the Unit31 ed States that is principally engaged outside the United States in dis32 seminating, through communication media, information significantly

33 promoting United States interests outside the United States and that

34 is recognized by the Attorney General;

35 (2) has been employed by the organization continuously for at least

36 5 years after being lawfully admitted for permanent residence;

37 (3) files the application for naturalization when employed by the or38 ganization or within 6 months after ending the employment;

39 (4) is in the United States at the time of naturalization; and

40 (5) declares in good faith to the Attorney General an intention to

41 reside in the United States immediately after the employment ends.
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1 § 20310. Individuals making extraordinary contributions to

2 the security of the United States

3 (a) RESIDENCE AND PHYSICAL PRESENCE.—(1) An individual may be

4 naturalized without regard to section 20301(a)(3)–(6) of this title if—

5 (A) the Director of Central Intelligence, the Attorney General, and

6 the Commissioner of Immigration and Naturalization decide that the

7 individual has made an extraordinary contribution to the security of the

8 United States or to the conduct of United States intelligence activities;

9 and

10 (B) the individual resides in the United States continuously for at

11 least one year before being naturalized.

12 (2) This section does not apply to an individual described in section

13 6538(e)(2) of this title.

14 (b) NONAPPLICATION OF CERTAIN GROUNDS OF INELIGIBILITY.—Section

15 20331 of this title does not apply to an individual described in subsection

16 (a) of this section.

17 (c) PROCEDURE.—A proceeding under this section shall be conducted in

18 a way consistent with the protection of intelligence sources, methods, and

19 activities.

20 (d) NUMERICAL LIMIT.—Not more than 5 individuals may be naturalized

21 in a fiscal year under this section.

22 (e) NOTICE TO CONGRESSIONAL COMMITTEES.—The Director shall in23 form the Select Committee on Intelligence and the Committee on the Judici24 ary of the Senate and the Permanent Select Committee on Intelligence and

25 the Committee on the Judiciary of the House of Representatives within a

26 reasonable time before an application is filed under this section.

27 § 20311. Individuals with service on American vessels

28 (a) DEFINITION.—In this section, ‘‘American vessel’’ means a vessel—

29 (1)(A) operated by the United States Government; and

30 (B) the full legal and equitable title to which is held by the Govern31 ment; or

32 (2)(A) whose home port is in the United States; and

33 (B)(i) documented under chapter 121 of title 46; or

34 (ii) the full legal and equitable title to which is held by a citizen of

35 the United States or a corporation organized under the laws of a State.

36 (b) RESIDENCE AND PHYSICAL PRESENCE.—An individual serving honor37 ably or with good conduct in any capacity (except as a member of the armed

38 forces of the United States) on an American vessel is deemed to be residing

39 and physically present in the United States under section 20301(a)(3), (4),

40 and (6) of this title during the period of service if the service is—
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1 (1) after the individual has been lawfully admitted for permanent

2 residence; and

3 (2) within 5 years immediately before the date the individual files

4 an application for naturalization.

5 (c) PROOF OF SERVICE ON VESSEL.—Service on a vessel described in

6 subsection (a)(1) of this section shall be proved by a certificate from the

7 executive agency having custody of the records of the service. Service on a

8 vessel described in subsection (a)(2) of this section may be proved by a cer9 tificate from the master of the vessel.

10 § 20312. Individuals with 3 years of service in the armed

11 forces

12 (a) RESIDENCE AND PHYSICAL PRESENCE.—(1) Except as provided in

13 paragraph (2) of this subsection, an individual may be naturalized without

14 regard to section 20301(a)(3)–(5) of this title if the individual—

15 (A) has served honorably in the armed forces of the United States

16 for periods totaling at least 3 years;

17 (B) has never been discharged from the service except honorably;

18 and

19 (C) files an application for naturalization when still in the service or

20 within 6 months after being discharged from the service.

21 (2) If the service was not continuous, the individual must establish the

22 individual’s residence in the United States and the State or district of the

23 Immigration and Naturalization Service in the United States in which the

24 application is filed for—

25 (A) any period between periods of service during the 5 years imme26 diately before filing the application; and

27 (B) any period between the end of the individual’s service and the

28 filing of the application.

29 (b) PROOF OF HONORABLE SERVICE.—(1) Before a hearing on the indi30 vidual’s application, the individual shall provide the Attorney General with

31 a certificate from the appropriate executive agency showing that—

32 (A) the individual served honorably during all periods on which the

33 individual relies for naturalization under this section; and

34 (B) the individual has never been discharged from the service except

35 honorably.

36 (2) A certificate under paragraph (1) of this subsection is conclusive evi37 dence of the service and discharge.

38 (c) PROOF OF GOOD MORAL CHARACTER, ATTACHMENT TO PRINCIPLES,

39 AND FAVORABLE DISPOSITION.—Proof of honorable service under this sec40 tion is proof that the individual was of good moral character, attached to

41 the principles of the Constitution of the United States, and well disposed
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1 to the good order and happiness of the United States during the period of

2 the service.

3 (d) EFFECT OF FINDING OF DEPORTABILITY.—Notwithstanding section

4 20504(b) of this title, an individual may be naturalized immediately under

5 this section if the individual is in the armed forces when being naturalized

6 and was examined by a representative of the Immigration and Naturaliza7 tion Service before filing an application for naturalization.

8 (e) APPLICATIONS FILED MORE THAN 6 MONTHS AFTER DISCHARGE.—

9 An individual who satisfies subsection (a)(1)(A) and (B) of this section, but

10 files an application for naturalization more than 6 months after being dis11 charged, is deemed to be residing and physically present in the United

12 States during any periods of service within 5 years immediately before filing

13 the application.

14 § 20313. Individuals with service in the armed forces during

15 war or military hostilities

16 (a) GENERAL.—Notwithstanding sections 20316 and 20504(b) of this

17 title, an individual may be naturalized without regard to section

18 20301(a)(1)–(6) of this title if—

19 (1) the individual served honorably on active duty in the armed

20 forces of the United States as an alien or as a national, but not a citi21 zen, of the United States at any time during a period—

22 (A) from April 6, 1917, through November 11, 1918;

23 (B) from September 1, 1939, through December 31, 1946;

24 (C) from June 25, 1950, through July 1, 1955;

25 (D) from February 28, 1961, through October 15, 1978; or

26 (E) the President designates by executive order as a period in

27 which the armed forces are engaged in military operations involv28 ing armed conflict with a hostile foreign force;

29 (2) the individual was—

30 (A) in the United States or American Samoa at the time of en31 listment or induction into the armed forces;

32 (B) in the Canal Zone at the time of enlistment or induction

33 if the enlistment or induction was before October 1, 1979; or

34 (C) lawfully admitted for permanent residence after the enlist35 ment or induction; and

36 (3) the individual, if discharged from the armed forces, was dis37 charged honorably.

38 (b) SERVICE IN REGULAR ARMY UNDER THE ACT OF JUNE 30, 1950.—

39 (1) Notwithstanding sections 20316 and 20504(b) of this title, an individual

40 may be naturalized without regard to section 20301(a)(1) or (3)–(6) of this

41 title if the individual—
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1 (A) enlisted or re-enlisted as an alien in the Regular Army under

2 the Act of June 30, 1950 (ch. 443, 64 Stat. 316);

3 (B) served at least 5 years in the Regular Army; and

4 (C) was discharged honorably from the Regular Army.

5 (2) An individual described in paragraph (1) of this subsection is deemed

6 to have been lawfully admitted for permanent residence if the individual—

7 (A) entered the United States, American Samoa, or the Canal Zone

8 under military orders after enlistment; and

9 (B) is otherwise eligible to be naturalized.

10 (c) PERIOD OF SERVICE AVAILABLE ONLY ONCE.—A period of service

11 in the armed forces may not be used as the basis for naturalization under

12 this section if the individual has been naturalized previously because of the

13 same period of service.

14 (d) PROOF OF HONORABLE SERVICE AND DISCHARGE.—Service required

15 by this section shall be proved by a certificate from the executive agency

16 under which the individual served. The head of the executive agency shall

17 decide, and the certificate shall state, whether the individual served honor18 ably on active duty during a period specified in this section and was dis19 charged honorably. An individual’s service and discharge are not honorable

20 under this section if the individual was discharged from the armed forces

21 because of alienage or was a conscientious objector who performed no active

22 duty or refused to wear the uniform.

23 § 20314. Posthumous naturalization of individuals who die

24 during service in the armed forces during war or

25 military hostilities

26 (a) GRANTING CITIZENSHIP.—The Attorney General shall grant post27 humous citizenship, as of the time of death, to an individual eligible under

28 subsection (b) of this section if the Attorney General approves a request for

29 posthumous citizenship for the individual under subsection (c) of this sec30 tion.

31 (b) ELIGIBILITY.—(1) An individual is eligible for posthumous citizenship

32 under this section if the individual—

33 (A) served honorably on active duty in the armed forces of the

34 United States as an alien or as a national, but not a citizen, of the

35 United States during any period described in section 20313(a)(1) of

36 this title;

37 (B) died as a result of injury or disease incurred in or aggravated

38 by that service; and

39 (C) satisfied the requirements of section 20313(a)(2) of this title.
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1 (2) The head of the executive agency under which the individual served

2 shall decide whether the individual satisfied the requirements of paragraph

3 (1)(A) and (B) of this subsection.

4 (c) REQUESTS.—A request to grant posthumous citizenship to an individ5 ual under this section may be filed only by an individual who is, as defined

6 by the Attorney General, the next of kin or another representative. The At7 torney General shall approve the request if—

8 (1) the request is filed not later than 2 years after the date of the

9 individual’s death;

10 (2) the request includes a certificate from the executive agency under

11 which the individual served stating that the individual satisfied the re12 quirements of subsection (b)(1)(A) and (B) of this section; and

13 (3) the Attorney General finds that the individual satisfied the re14 quirements of subsection (b)(1)(C) of this section.

15 (d) DOCUMENTATION.—If the Attorney General approves a request under

16 this section, the Attorney General shall provide the individual who filed the

17 request with a document stating that the United States Government consid18 ers the individual for whom the request was filed to have been a citizen of

19 the United States at the time of the individual’s death.

20 (e) NO BENEFITS TO SURVIVORS.—The granting of posthumous citizen21 ship to an individual under this section does not provide any benefits under

22 this title for any relative of the individual.

23 § 20315. Individuals who lost citizenship by entering the

24 armed forces of a foreign country

25 (a) GENERAL.—An individual may be naturalized without regard to sec26 tion 20301(a)(3)–(6) or (9) of this title if—

27 (1) the individual, when a citizen of the United States, served in the

28 armed forces of a foreign country at any time during the period from

29 September 1, 1939, through September 2, 1945;

30 (2) that foreign country was at war with a foreign country with

31 which the United States was at war after December 7, 1941, and be32 fore September 2, 1945;

33 (3) the individual lost citizenship of the United States by entering,

34 serving in, or taking an oath or obligation to enter or serve in, those

35 armed forces;

36 (4) the individual intends to reside permanently in the United

37 States; and

38 (5) the individual has been of good moral character, attached to the

39 principles of the Constitution, and well disposed to the good order and

40 happiness of the United States for at least 5 years immediately before

41 taking the oath required for naturalization.
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1 (b) PREVIOUS STATUS REACQUIRED.—An individual naturalized under

2 this section or section 323 of the Nationality Act of 1940 (ch. 876, 54 Stat.

3 1149) has, from the date of naturalization, the same status as a citizen at

4 birth or a naturalized citizen that the individual had before losing citizen5 ship. Naturalization of the individual does not confer citizenship retro6 actively on the individual for the period that the individual was not a citizen

7 of the United States.

8 (c) NONAPPLICATION TO CERTAIN INDIVIDUALS.—This section does not

9 apply to an individual who served in the armed forces of a foreign country

10 at any time during the period from September 1, 1939, through September

11 2, 1945, when that country was at war with the United States.

12 § 20316. Alien enemies

13 (a) WHEN INDIVIDUAL IS ALIEN ENEMY.—In this section, an alien

14 enemy is an individual who is a native, citizen, subject, or denizen of a

15 country or sovereignty at war with the United States. That individual ceases

16 to be an alien enemy when the hostilities between the United States and

17 the individual’s country or sovereignty are declared ended by proclamation

18 of the President or concurrent resolution of Congress.

19 (b) SPECIFIC CONDITIONS FOR NATURALIZATION.—An alien enemy may

20 be naturalized as a citizen of the United States only if—

21 (1) the alien enemy’s application for naturalization was filed before

22 the war began, except that the Attorney General may waive this re23 quirement;

24 (2) the alien enemy’s loyalty is established on investigation by the

25 Attorney General; and

26 (3) the alien enemy is otherwise eligible to be naturalized.

27 (c) NOTICE AND CONTINUANCE.—An examination or hearing on an alien

28 enemy’s application for naturalization may be held only after 90 days’ notice

29 to the Attorney General. If the Attorney General objects to consideration

30 of the application, the application shall be continued for as long as the At31 torney General requires.

32 (d) LAWFUL APPREHENSION AND REMOVAL ALLOWED.—This section

33 does not prevent the lawful apprehension and removal of an alien enemy.

34 § 20317. Individuals born outside the United States who lost

35 citizenship by not coming to the United States

36 (a) GENERAL.—An individual may be naturalized by taking the oath re37 quired for naturalization, without filing an application for naturalization or

38 complying with any other requirement for naturalization, if the individual—

39 (1) was a citizen of the United States at birth;
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1 (2) lost that citizenship by failing to comply with the physical pres2 ence requirement of section 301(b) of the Immigration and Nationality

3 Act (ch. 477, 66 Stat. 236) (as in effect before October 10, 1978); and

4 (3) is not ineligible to be naturalized under section 20331 of this

5 title.

6 (b) OATH PROCEDURE.—(1) An individual satisfying subsection (a) of

7 this section may take the oath—

8 (A) in the United States before the Attorney General or a judge or

9 a clerk of a court described in section 20511 of this title; or

10 (B) outside the United States before a diplomatic or consular officer.

11 (2) The Attorney General, court, embassy, legation, or consulate, as ap12 propriate, shall—

13 (A) enter the oath in the records of the Attorney General, court, em14 bassy, legation, or consulate; and

15 (B) deliver to the individual, on the individual’s request, a certified

16 copy of the proceedings and oath, under seal of the Department of Jus17 tice, court, embassy, legation, or consulate, at a cost of not more than

18 $5.

19 (3) A certified copy of the proceedings and oath delivered under para20 graph (2) of this subsection is evidence of the facts stated in the copy in

21 any court of record, judicial tribunal, or agency.

22 (c) PREVIOUS STATUS REACQUIRED.—An individual naturalized under

23 this section has, from the date of naturalization, the status of a citizen of

24 the United States at birth. Naturalization of the individual does not confer

25 citizenship on the individual retroactively for any period that the individual

26 was not a citizen of the United States.

27 § 20318. Women who lost citizenship through marriage

28 (a) GENERAL.—(1) A woman may be naturalized without regard to sec29 tion 20301(a)(3)–(6) of this title if she—

30 (A) lost citizenship of the United States—

31 (i) by marrying an alien before September 22, 1922;

32 (ii) by marrying after September 21, 1922, an alien who was

33 ineligible to become a citizen of the United States; or

34 (iii) through her husband’s loss of citizenship of the United

35 States before September 22, 1922; and

36 (B) has taken no affirmative action to acquire the nationality of an37 other country except by marriage.

38 (2) A woman described in paragraph (1) of this subsection may be natu39 ralized without regard to section 20301(a)(2) of this title if she has resided

40 in the United States continuously since the date of her marriage.
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1 (b) NATURALIZATION ON TAKING OATH FOR CERTAIN WOMEN.—(1) A

2 woman may be naturalized by taking the oath required for naturalization,

3 without filing an application for naturalization or complying with any other

4 requirement for naturalization, if—

5 (A) she was a citizen of the United States at birth;

6 (B) she lost that citizenship by marrying—

7 (i) an alien before September 22, 1922; or

8 (ii) after September 21, 1922, an alien who was ineligible to be9 come a citizen of the United States;

10 (C) her marriage to that alien ended after January 12, 1941;

11 (D) she has taken no affirmative action to acquire the nationality

12 of another country except by marriage; and

13 (E) she is not ineligible to be naturalized under section 20331 of this

14 title.

15 (2) A woman satisfying paragraph (1) of this subsection may take the

16 oath—

17 (A) in the United States before the Attorney General or a judge or

18 a clerk of a court described in section 20511 of this title; or

19 (B) outside the United States before a diplomatic or consular officer.

20 (3) The Attorney General, court, embassy, legation, or consulate, as ap21 propriate, shall—

22 (A) enter the oath in the records of the Attorney General, court, em23 bassy, legation, or consulate; and

24 (B) deliver to the woman, on her request, a certified copy of the pro25 ceedings and oath, under seal of the Department of Justice, court, em26 bassy, legation, or consulate, at a cost of not more than $5.

27 (4) A certified copy of the proceedings and the oath delivered under para28 graph (3) of this subsection is evidence of the facts stated in the copy in

29 any court of record, judicial tribunal, or agency.

30 (c) PREVIOUS STATUS REACQUIRED.—A woman naturalized under this

31 section or section 317(a) or (b) of the Nationality Act of 1940 (ch. 876,

32 54 Stat. 1146) has, from the date of naturalization, the same status as a

33 citizen at birth or a naturalized citizen that she had before losing citizen34 ship. Naturalization of the woman does not confer citizenship on the woman

35 retroactively for any period that she was not a citizen of the United States.

36 § 20319. Nationals residing in American Samoa

37 Residence and physical presence in American Samoa are deemed to be

38 residence and physical presence in the United States under section

39 20301(a)(3), (4), and (6) of this title for an individual who—

40 (1) is a national, but not a citizen, of the United States; and

41 (2) becomes a resident of a State.
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1 § 20320. Philippine citizens who entered before May 1, 1934

2 An individual who was a citizen of the Commonwealth of the Philippines

3 on July 2, 1946, entered the United States before May 1, 1934, and has

4 resided in the United States continuously since entry, is deemed to have

5 been lawfully admitted for permanent residence.

6 SUBCHAPTER II—INELIGIBILITY

7 § 20331. Individuals dangerous to the welfare, safety, and se8 curity of the United States

9 (a) GROUNDS FOR DISALLOWING NATURALIZATION.—An individual may

10 not be naturalized as a citizen of the United States if, at any time during

11 the 10 years before filing the application for naturalization or from the fil12 ing of the application through the time the individual is naturalized, the in13 dividual—

14 (1) advocates establishing—

15 (A) a totalitarian communist dictatorship in a country through

16 an internationally coordinated communist movement; or

17 (B) a totalitarian dictatorship in the United States;

18 (2) advocates or teaches—

19 (A) opposition to all organized government;

20 (B) the overthrow by unconstitutional means of the United

21 States Government or of all forms of law;

22 (C) the duty, necessity, or propriety of unlawfully assaulting or

23 killing a particular officer or officers generally of an organized

24 government because of the official position of the officer or offi25 cers;

26 (D) unlawfully damaging or destroying property; or

27 (E) sabotage;

28 (3) writes, publishes, causes to be written or published, knowingly

29 distributes, prints, displays, or causes to be distributed, printed, pub30 lished, or displayed, or knowingly possesses to publish, distribute, or

31 display, written material—

32 (A) advocating or teaching opposition to all organized govern33 ment; or

34 (B) advocating—

35 (i) the overthrow by unconstitutional means of the United

36 States Government or of all forms of law;

37 (ii) the duty, necessity, or propriety of unlawfully assault38 ing or killing of a particular officer or officers generally of an

39 organized government because of the official position of the

40 officer or officers;

41 (iii) unlawfully damaging or destroying property;
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1 (iv) sabotage;

2 (v) establishing a totalitarian communist dictatorship in a

3 country through an internationally coordinated communist

4 movement; or

5 (vi) establishing a totalitarian dictatorship in the United

6 States; or

7 (4) is a member of or affiliated with—

8 (A) the Communist Party of the United States;

9 (B) another totalitarian party of the United States;

10 (C) the Communist Political Association;

11 (D) the Communist or another totalitarian party of a State, a

12 foreign country, or a political or geographical subdivision of a for13 eign country;

14 (E) a section, subsidiary, branch, affiliate, or subdivision of an

15 organization described in subclauses (A)–(D) of this clause (4);

16 (F) the direct predecessor or successor of an organization de17 scribed in subclauses (A)–(D) of this clause (4), regardless of the

18 name the organization uses or used;

19 (G) an organization advocating establishing a totalitarian com20 munist dictatorship in a country through an internationally coordi21 nated communist movement, or establishing a totalitarian dictator22 ship in the United States, through—

23 (i) the organization’s statements; or

24 (ii) written material issued or published under the author25 ity of or with the consent of the organization, or paid for by

26 money provided by the organization;

27 (H) an organization advocating or teaching—

28 (i) opposition to all organized government;

29 (ii) the overthrow by unconstitutional means of the United

30 States Government or of all forms of law;

31 (iii) the duty, necessity, or propriety of unlawfully assault32 ing or killing a particular officer or officers generally of an

33 organized government because of the official position of the

34 officer or officers;

35 (iv) unlawfully damaging or destroying property; or

36 (v) sabotage; or

37 (I) an organization writing, distributing, printing, publishing,

38 displaying, causing to be written, distributed, printed, published,

39 or displayed, or possessing to distribute, publish, issue, or display,

40 written material described in clause (3) of this subsection.
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1 (b) NONAPPLICATION.—Subsection (a) of this section does not apply to

2 an individual who satisfies the Attorney General that the individual’s mem3 bership or affiliation with an organization described in subsection (a)—

4 (1) is or was involuntary;

5 (2) ended before the individual’s 16th birthday;

6 (3) is or was by operation of law; or

7 (4) was for the purpose of, and necessary for, obtaining employment,

8 food rations, or other essentials of living.

9 § 20332. Deserters and draft evaders

10 An individual convicted of desertion under section 885 of title 10 or of

11 draft evasion under section 12(h) of the Military Selective Service Act (50

12 App. U.S.C. 462(h)) is ineligible to become a citizen of the United States.

13 § 20333. Aliens exempted or discharged from the armed

14 forces or the National Security Training Corps

15 (a) GENERAL.—Except as provided in subsection (b) of this section, an

16 alien who applies for and is granted an exemption or discharge from serving

17 or training in the armed forces of the United States or the National Secu18 rity Training Corps because of alienage is ineligible to become a citizen of

19 the United States. Records of the Selective Service System and the Depart20 ment of Defense are conclusive about whether the alien was granted an ex21 emption or discharge because of alienage.

22 (b) EXEMPTION PROVIDED UNDER TREATY.—An alien exercising a right

23 under a treaty to be exempted from serving or training in the armed forces

24 of the United States is not ineligible under this section or any other law

25 to become a citizen of the United States if, before exercising the right, the

26 alien served in the armed forces of a foreign country of which the alien was

27 a national.

28 CHAPTER 205—NATURALIZATION PROCEDURE

Sec.

20501. Authority to naturalize.

20502. Declarations of intention.

20503. Applications for naturalization.

20504. Proof of lawful entry and effect of deportation proceedings.

20505. Investigations.

20506. Examinations.

20507. Hearings before immigration officers.

20508. Judicial review.

20509. Oath requirement.

20510. Methods of oath administration.

20511. Court authority to administer oaths.

20512. Duties of Attorney General when court is to administer oath.

20513. Forms and records.

20514. Fees.

29 § 20501. Authority to naturalize

30 (a) AUTHORITY OF ATTORNEY GENERAL.—Only the Attorney General

31 has authority to naturalize an individual as a citizen of the United States.
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1 (b) ONLY PROCEDURE.—An individual may be naturalized as a citizen of

2 the United States only as provided in this subtitle.

3 § 20502. Declarations of intention

4 (a) GENERAL.—An individual at least 18 years of age who is residing in

5 the United States as an alien lawfully admitted for permanent residence

6 may make a declaration of intention to be naturalized as a citizen of the

7 United States. However, a declaration is not required for naturalization,

8 does not confer nationality or the right to nationality on an alien, and is

9 not evidence of lawful admission for permanent residence.

10 (b) PROCEDURE.—(1) A declaration under this section must be filed with

11 the Attorney General in duplicate, accompanied by an application for the

12 declaration. The application must be approved by the Attorney General.

13 (2) The application must include 3 identical photographs of the alien.

14 One photograph shall be attached to the declaration issued by the Attorney

15 General and the others to the copies of the declaration retained by the At16 torney General.

17 (c) REPLACEMENT DECLARATION.—The Attorney General shall issue a

18 new declaration to an alien applying to replace a declaration that the Attor19 ney General finds is lost, destroyed, or mutilated, and if mutilated, is sur20 rendered to the Attorney General. A person coming into possession of a dec21 laration that was lost shall surrender the declaration to the Attorney Gen22 eral.

23 § 20503. Applications for naturalization

24 (a) GENERAL.—An application for naturalization must be filed—

25 (1) with the Attorney General, in the office of the Immigration and

26 Naturalization Service for the district in which the individual resides;

27 and

28 (2) in person, except when the Attorney General decides the individ29 ual has an illness or other disability sufficiently incapacitating to pre30 vent the individual from filing in person.

31 (b) FORM AND CONTENTS.—The application for naturalization must—

32 (1) include a statement that the individual has been lawfully admit33 ted for permanent residence;

34 (2) include a statement of facts the Attorney General believes may

35 be material to the individual’s naturalization and required to be proved

36 under this subtitle;

37 (3) include 3 identical photographs of the individual signed by the

38 individual;

39 (4) be sworn to by the individual; and

40 (5) be signed by the individual if physically able to write.
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1 (c) EARLY FILING FOR INDIVIDUALS SUBJECT TO CONTINUOUS RESI2 DENCE REQUIREMENT.—An individual subject to a continuous residence re3 quirement under chapter 203 of this title may file an application for natu4 ralization not more than 3 months before the date the individual would first

5 satisfy that requirement.

6 (d) TRANSFER TO ANOTHER DISTRICT.—If an individual applying for

7 naturalization moves from the district of the Service in the United States

8 in which the application is pending, the individual may request the Attorney

9 General to transfer the application to another district. If the Attorney Gen10 eral transfers the application, the proceedings on the application shall con11 tinue as though the application had been filed originally in the district to

12 which it is transferred.

13 (e) WITHDRAWAL AND LACK OF PROSECUTION.—An application for nat14 uralization may be withdrawn only with the consent of the Attorney Gen15 eral. If the Attorney General does not consent to the withdrawal, the appli16 cation shall be decided on its merits. If the applicant does not prosecute

17 the application, the Attorney General may dismiss it for lack of prosecution.

18 If the Attorney General does not dismiss the application for lack of prosecu19 tion, it shall be decided on its merits.

20 § 20504. Proof of lawful entry and effect of deportation pro21 ceedings

22 (a) PROOF OF LAWFUL ENTRY.—An applicant for naturalization has the

23 burden of proving that the applicant entered the United States lawfully. To

24 prove a lawful entry, the applicant is entitled to the production of—

25 (1) the applicant’s immigrant visa or other entry document; and

26 (2) any other record in the custody of the Attorney General related

27 to the applicant’s entry that the Attorney General does not consider

28 confidential.

29 (b) EFFECT OF DEPORTATION PROCEEDINGS.—(1) Except as provided in

30 sections 20312(d) and 20313 of this title—

31 (A) an application for naturalization may not be considered if a de32 portation proceeding is pending under an arrest warrant; and

33 (B) an individual may not be naturalized as a citizen of the United

34 States if a final finding of deportability is outstanding under an arrest

35 warrant.

36 (2) The Attorney General’s findings in ending deportation proceedings or

37 suspending deportation are not binding in deciding whether an individual

38 satisfies the eligibility requirements for naturalization.

39 § 20505. Investigations

40 The Attorney General shall conduct a personal investigation of an appli41 cant for naturalization in each vicinity in which the applicant has lived or
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1 been employed during at least the 5-year period immediately before the ap2 plication was filed. However, the Attorney General may waive the investiga3 tion in a particular case or class of cases.

4 § 20506. Examinations

5 (a) GENERAL.—The Attorney General shall designate officers and em6 ployees of the Immigration and Naturalization Service to conduct examina7 tions of applicants for naturalization. Examinations shall be uniform

8 throughout the United States and be limited to inquiring about whether the

9 applicant meets the eligibility requirements for naturalization. At the time

10 of the examination, the officer or employee conducting the examination shall

11 inform the applicant of the remedies available to the applicant under sec12 tions 20507(a) and (b) and 20508(a) of this title.

13 (b) DECISIONS.—The officer or employee conducting the examination

14 shall decide whether the application for naturalization should be granted or

15 denied and give the reasons.

16 § 20507. Hearings before immigration officers

17 (a) GENERAL.—An individual whose application for naturalization is de18 nied after an examination under section 20506 of this title may request a

19 hearing before an immigration officer. Hearings under this subsection shall

20 be held at regular intervals specified by the Attorney General.

21 (b) SUBPENAS.—(1) On the applicant’s request at the time of requesting

22 a hearing, the immigration officer shall subpena witnesses named by the ap23 plicant to appear at the hearing. If a witness cannot be produced at the

24 hearing, other witnesses may be subpenaed after notice to the Attorney

25 General, in the way and at the time prescribed by the Attorney General by

26 regulation.

27 (2) A subpena issued under this subsection may be enforced as provided

28 in section 303(b) of this title.

29 (3) A witness willfully disobeying a subpena to appear and testify at a

30 final hearing under this section shall be fined under title 18, imprisoned for

31 not more than 5 years, or both.

32 (c) APPEARANCE OF ATTORNEY GENERAL.—At a hearing under this sec33 tion, the Attorney General may call, examine, and cross-examine witnesses,

34 including the applicant, produce other evidence, and argue for or against

35 granting the application for naturalization.

36 (d) ADMISSIBILITY OF RECORDS OF EXAMINATION.—The record of the

37 examination conducted under section 20506 of this title is admissible as evi38 dence in a hearing conducted under this section.

39 § 20508. Judicial review

40 (a) FAILURE TO MAKE TIMELY DECISIONS AFTER EXAMINATIONS.—If

41 the officer or employee conducting an examination under section 20506 of
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1 this title does not make a decision on an application for naturalization with2 in 120 days after the date of the examination, the applicant may request

3 the district court of the United States for the district in which the applicant

4 resides to hold a hearing on the matter. The court may—

5 (1) order the application granted or denied; or

6 (2) remand the matter, with appropriate instructions, to the officer

7 or employee conducting the examination.

8 (b) DENIALS AFTER HEARINGS.—An individual whose application for

9 naturalization is denied after a hearing under section 20507 of this title

10 may obtain review of the denial in the United States district court for the

11 district in which the individual resides. At the individual’s request, the court

12 shall hold a new hearing. Regardless of whether the court holds a new hear13 ing, the court shall make its own findings of fact and conclusions of law.

14 § 20509. Oath requirement

15 (a) OATH OF ALLEGIANCE.—To be naturalized as a citizen of the United

16 States, an individual must take an oath, in substance—

17 (1) to support the Constitution;

18 (2) to support and defend the Constitution and laws of the United

19 States against all enemies foreign and domestic;

20 (3) to bear true faith and allegiance to the Constitution and laws of

21 the United States;

22 (4) to renounce all allegiance to any foreign prince, potentate, coun23 try, or sovereignty of which the individual was a citizen or subject; and

24 (5) to comply with a requirement of law—

25 (A) to bear arms for the United States;

26 (B) to perform noncombatant service in the armed forces of the

27 United States when wearing the uniform of a branch of the armed

28 forces and subject to military discipline and court martial; or

29 (C) to perform work of national importance under civilian direc30 tion.

31 (b) OMISSIONS FROM OATH BECAUSE OF RELIGIOUS BELIEF.—(1) In

32 this subsection, ‘‘religious belief’’ means belief in a relation to a Supreme

33 Being involving duties superior to those arising from a human relation, but

34 does not include essentially political, sociological, or philosophical views or

35 a personal moral code.

36 (2) If an individual satisfies the Attorney General by clear and convincing

37 evidence that, because of religious belief, the individual opposes—

38 (A) bearing arms in the armed forces of the United States, the indi39 vidual may omit from the oath the substance of subsection (a)(5)(A)

40 of this section; or
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1 (B) any kind of service in the armed forces of the United States,

2 the individual may omit from the oath the substance of subsection

3 (a)(5) (A) and (B) of this section.

4 (c) WAIVER FOR YOUNG CHILD.—If the Attorney General believes that

5 a child is unable to understand the meaning of the oath, the Attorney Gen6 eral may waive the requirement that the child take the oath.

7 (d) OATH RENOUNCING HEREDITARY TITLES AND ORDERS.—In addition

8 to taking the oath under subsection (a) of this section, an individual who

9 has a hereditary title or belongs to an order of nobility must take an oath

10 expressly renouncing the title or order. The oath under this subsection must

11 be taken in the same public ceremony as the oath under subsection (a) and

12 shall be recorded as a part of the proceeding.

13 § 20510. Methods of oath administration

14 (a) PUBLIC CEREMONY.—To be naturalized as a citizen of the United

15 States, an individual must take the oath required for naturalization in a

16 public ceremony. However, the Attorney General may waive the public cere17 mony requirement if the Attorney General decides the individual has an ill18 ness or other disability sufficiently incapacitating to prevent the individual’s

19 personal appearance.

20 (b) RIGHT TO CHOOSE.—(1) The individual may choose to take the oath

21 before the Attorney General or a court authorized by section 20511 of this

22 title, except when—

23 (A) a court has exclusive authority under section 20511(c) of this

24 title; or

25 (B) a court has referred the applicant to the Attorney General for

26 an expedited oath administration under subsection (c)(3) of this sec27 tion.

28 (2) The individual shall notify the Attorney General of the choice to take

29 the oath before a court.

30 (c) EXPEDITED OATH ADMINISTRATION.—(1) On demonstrating suffi31 cient cause, an individual may be granted an expedited oath administration

32 by the Attorney General or a court.

33 (2) When a court is deciding whether to grant an expedited oath adminis34 tration, the court shall consider—

35 (A) special circumstances such as serious illness of the applicant or

36 a member of the applicant’s immediate family, permanent disability

37 sufficiently incapacitating to prevent the applicant’s personal appear38 ance at the scheduled ceremony, developmental disability, or advanced

39 age; and

40 (B) exigent circumstances related to travel or employment.
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1 (3) If an expedited oath administration by a court is impracticable, the

2 court shall refer the individual to the Attorney General. The Attorney Gen3 eral then may provide for immediate administration of the oath.

4 (d) PUBLIC CEREMONIES CONDUCTED BY ATTORNEY GENERAL.—The

5 Attorney General shall prescribe regulations to ensure that oath administra6 tion ceremonies conducted by the Attorney General are public, dignified, and

7 conducted frequently and at regular intervals.

8 § 20511. Court authority to administer oaths

9 (a) DEFINITION.—In this section, ‘‘eligible court’’ means—

10 (1) a district court of the United States in any State; and

11 (2) any other court of record in a State if the court has a seal, a

12 clerk, and jurisdiction in actions at law, equity, or both, in which the

13 amount in controversy is unlimited.

14 (b) GENERAL AUTHORITY.—(1) An eligible court may administer the

15 oath required for naturalization to individuals residing within the jurisdic16 tion of the court.

17 (2) Any district court of the United States may administer the oath to

18 an individual described in section 20310 of this title without regard to the

19 residence of the individual.

20 (c) EXCLUSIVE AUTHORITY.—(1) Subject to paragraphs (2) and (4) of

21 this subsection, an eligible court that wishes to have exclusive authority to

22 administer the oath to individuals residing within the jurisdiction of the

23 court has that authority on notifying the Attorney General.

24 (2) The exclusive authority of a court to administer the oath applies to

25 an individual—

26 (A) only during the 45-day period beginning on the date the Attor27 ney General certifies to the court that the individual is eligible to be

28 naturalized; and

29 (B) only if, before the date of that certification, the court has noti30 fied the Attorney General of the dates during that 45-day period when

31 oath administration ceremonies by the court are scheduled.

32 (3) Subject to paragraph (4) of this subsection, the Attorney General may

33 not administer the oath to an individual during the period of a court’s ex34 clusive authority under paragraph (2) of this subsection.

35 (4) A court may waive the exclusive authority to administer the oath to

36 an individual if the Attorney General has not provided the court the certifi37 cate of eligibility for that individual within a reasonable time before the day

38 scheduled by the court for the oath administration ceremony. When notified

39 of a court’s waiver, the Attorney General promptly shall notify the appli40 cant.
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1 (d) NAME CHANGES.—On petition of an individual applying for natu2 ralization, the court may order a change in the name of the individual as

3 part of the administration of the oath by the court. The certificate of natu4 ralization shall be issued with the new name.

5 § 20512. Duties of Attorney General when court is to admin6 ister oath

7 (a) GENERAL.—When a court is to administer the oath to an individual

8 applying for naturalization, the Attorney General shall—

9 (1) provide the court with information necessary to administer the

10 oath to the individual, and if the court has exclusive authority under

11 section 20511(c) of this title, provide the information not later than 10

12 days after approving the application for naturalization; and

13 (2) promptly provide the court a certificate of naturalization pre14 pared by the Attorney General for the individual.

15 (b) NOTICE TO APPLICANTS OF COURT’S EXCLUSIVE AUTHORITY.—(1)

16 If a court has exclusive authority to administer the oath, the Attorney Gen17 eral shall inform the applicant, at the time of approval of the application

18 for naturalization, of—

19 (A) the court’s exclusive authority to administer the oath during the

20 period specified in section 20511(c)(2)(A) of this title; and

21 (B) the dates when oath administration ceremonies by the court are

22 scheduled.

23 (2) If more than one court in an area has exclusive authority to admin24 ister the oath, the Attorney General shall allow the applicant, at the time

25 of approval, to choose the court to administer the oath.

26 § 20513. Forms and records

27 (a) FORMS.—The Attorney General shall prescribe and provide forms to

28 carry out this chapter and sections 20901 and 20902 of this title. Only

29 those forms are lawful. Certificates of naturalization and certificates of citi30 zenship shall be printed on safety paper and numbered consecutively in sep31 arate series.

32 (b) DECLARATIONS OF INTENTION AND APPLICATIONS FOR NATURALIZA33 TION.—Each district office of the Immigration and Naturalization Service

34 in the United States shall maintain, in chronological order, consecutively

35 numbered, and indexed, as a permanent record, all declarations of intention

36 and applications for naturalization filed in that office.

37 (c) DUTIES OF CLERKS OF COURTS.—The clerk of a court administering

38 oaths to applicants for naturalization shall—

39 (1) take responsibility for all blank certificates of naturalization re40 ceived from the Attorney General;
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1 (2) return to the Attorney General any certificate of naturalization

2 that is unusable because damaged;

3 (3) account to the Attorney General for blank certificates of natu4 ralization when required by the Attorney General;

5 (4) give a certificate of naturalization prepared by the Attorney Gen6 eral under section 20512 of this title to each individual administered

7 the oath by the court;

8 (5) provide the Attorney General with a list of individuals taking the

9 oath at each scheduled ceremony, and information about each of those

10 individuals, not later than 30 days after the end of the month in which

11 the oath was administered; and

12 (6) provide the Attorney General with a certified copy of other pro13 ceedings in, and orders by, the court related to the naturalization of

14 individuals, when required by the Attorney General.

15 (d) COPIES OF OATHS OF INDIVIDUALS WHO LOST CITIZENSHIP BY EN16 TERING ARMED FORCES OF FOREIGN COUNTRIES.—When an individual de17 scribed in section 20315 of this title is naturalized, a certified copy of the

18 oath taken by the individual shall be provided by—

19 (1) the Attorney General to the Secretary of State if the oath was

20 administered by the Attorney General; and

21 (2) the clerk of the court to the Attorney General and the Secretary

22 of State if the oath was administered by a court.

23 § 20514. Fees

24 (a) GENERAL.—The Attorney General shall charge, collect, and account

25 for fees prescribed by the Attorney General under section 9701 of title 31

26 for—

27 (1) filing a declaration of intention and issuing a duplicate declara28 tion; and

29 (2) filing an application for naturalization, holding a hearing on the

30 application, and issuing a certificate of naturalization.

31 (b) SUBPENA AND WITNESS FEES.—When filing an application for natu32 ralization, an individual requesting the issuance of a subpena under section

33 20507(b) of this title shall deposit with the Attorney General an amount

34 sufficient to cover the cost of subpenaing each witness and paying the wit35 ness the usual witness fee. On final discharge of the witness and demand

36 for payment, the Attorney General shall pay the witness the usual witness

37 fee from the amount deposited. The Attorney General shall return any re38 maining amount to the individual.

39 (c) EXEMPTION FOR INDIVIDUALS SERVING IN ARMED FORCES DURING

40 WAR OR MILITARY OPERATIONS.—(1) Except as provided in paragraph (2)

41 of this subsection, an individual serving in the armed forces of the United
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1 States may not be charged a fee for filing an application for naturalization

2 or for issuance of a certificate of naturalization when the United States is

3 at war or engaged in military operations involving armed conflict with a

4 hostile foreign force as designated by the President by executive order.

5 (2) If a State law requires a fee to be charged, the clerk of a State court

6 may charge that part of the fee required to be paid to the State.

7 (3) The clerk of a court shall report all transactions made under this sub8 section to the Attorney General not later than 30 days after the end of the

9 month in which the transaction was made.

10 (d) EXEMPTION FROM REPLACEMENT FEES FOR INDIVIDUALS WHO

11 SERVED IN ARMED FORCES.—An individual may not be charged a fee for

12 filing an application to replace a declaration of intention or a certificate of

13 naturalization that is lost, destroyed, or mutilated if the individual served

14 in the armed forces of the United States after September 16, 1940, and

15 was not—

16 (1) discharged other than honorably;

17 (2) discharged because of alienage; or

18 (3) a conscientious objector who performed no military duty or re19 fused to wear the uniform.

20 (e) DISPOSITION OF FEES.—(1) Except as otherwise provided in this sub21 section, the Attorney General shall deposit all fees collected by the Attorney

22 General under this subtitle in the ‘‘Immigration Examinations Fee Ac23 count’’ established under section 318(a) of this title.

24 (2) Fees collected by the Attorney General under this subtitle from resi25 dents of the Virgin Islands or Guam shall be paid to the treasury of the

26 Virgin Islands or Guam, respectively.

27 (3) A percentage of the fees described in subsection (a)(1) of this section

28 collected by the Attorney General shall be paid to courts administering

29 oaths under this chapter. In consultation with the courts, the Attorney Gen30 eral shall determine the percentage each year based on—

31 (A) the costs incurred by the courts for essential services directly re32 lated to the naturalization process; divided by

33 (B) the total of those costs incurred by the courts and the Immigra34 tion and Naturalization Service.

35 (f) REPORTS AND CONSULTATIONS.—The Attorney General shall—

36 (1) provide an annual report to the Committees on the Judiciary of

37 the Senate and House of Representatives on the use of the fees de38 scribed in subsection (e)(3) of this section; and

39 (2) consult with those committees before increasing those fees.
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1 CHAPTER 207—LOSS OF NATIONALITY

SUBCHAPTER I—BY VOLUNTARY ACTS

Sec.

20701. Acts resulting in loss of nationality.

20702. Acts not resulting in loss of nationality.

20703. Presumption that act is done voluntarily.

SUBCHAPTER II—REVOCATION OF NATURALIZATION

20711. Application.

20712. Grounds.

20713. Procedure.

20714. Effect on automatic naturalization.

20715. Cancellation of certificate of naturalization.

20716. Authority not affected.

SUBCHAPTER III—MISCELLANEOUS

20731. Burden of proof.

2 SUBCHAPTER I—BY VOLUNTARY ACTS

3 § 20701. Acts resulting in loss of nationality

4 Except as provided in section 20702 of this title, a national of the United

5 States loses nationality of the United States under this subchapter only by

6 voluntarily performing any of the following acts with the intention of relin7 quishing nationality of the United States:

8 (1) becoming a national of a foreign country, after becoming 18

9 years of age—

10 (A) on application of the national; or

11 (B) on application for the national filed by an agent of the na12 tional.

13 (2) taking an oath or making a declaration of allegiance to a foreign

14 country or a political subdivision of a foreign country after becoming

15 18 years of age.

16 (3) entering or serving in the armed forces of a foreign country if—

17 (A) the armed forces are engaged in hostilities against the Unit18 ed States; or

19 (B) the individual serves as a commissioned or noncommissioned

20 officer.

21 (4) accepting, serving in, or carrying out the duties and powers of

22 an office, a post, or employment under the government of a foreign

23 country or a political subdivision of a foreign country, after becoming

24 18 years of age, if—

25 (A) the individual is or becomes a national of the foreign coun26 try; or

27 (B) the office, post, or employment requires an oath or declara28 tion of allegiance.

29 (5) making a formal renunciation of nationality in a foreign country

30 before a diplomatic or consular officer in the way the Secretary of

31 State prescribes.
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1 (6) making a formal written renunciation of nationality in the Unit2 ed States in the way the Attorney General prescribes before an officer

3 or employee the Attorney General designates when the United States

4 is in a state of war and the Attorney General approves the renunciation

5 as not against the defense interests of the United States.

6 (7) committing any of the following offenses for which the individual

7 is convicted by a court or court martial:

8 (A) treason against the United States Government.

9 (B) attempting by force to overthrow the Government.

10 (C) bearing arms against the Government.

11 (D) violating or conspiring to violate section 2383 of title 18.

12 (E) violating section 2384 of title 18 by conspiring to over13 throw, put down, or destroy by force the Government or to carry

14 on war against the Government.

15 (F) willfully violating section 2385 of title 18.

16 § 20702. Acts not resulting in loss of nationality

17 (a) WHEN NATIONAL IN THE UNITED STATES OR AMERICAN SAMOA.—

18 A national of the United States does not lose nationality under section

19 20701(1)–(4) of this title when the national is in the United States or

20 American Samoa. However, an act specified in section 20701(1)–(4) and

21 carried out in the United States or American Samoa results in the loss of

22 nationality when the national establishes a residence outside the United

23 States and American Samoa.

24 (b) WHEN ENTERING OR SERVING IN ARMED FORCES OF A FOREIGN

25 COUNTRY OR RENOUNCING NATIONALITY AS A MINOR.—A national of the

26 United States does not lose nationality under section 20701(3) or (5) of this

27 title when less than 18 years of age if the national claims the nationality

28 within 6 months after becoming 18 years of age. The claim shall be made

29 in the way the Secretary of State prescribes by regulation.

30 (c) WHEN MARRYING A MALE ALIEN.—Notwithstanding a treaty ratified

31 by the Senate before December 25, 1952, a woman who was—

32 (1) a national of the United States did not lose nationality only be33 cause of marriage after—

34 (A) September 21, 1922, to an alien; or

35 (B) March 2, 1931, to an alien who was ineligible to become

36 a citizen of the United States because of race; or

37 (2) a citizen of the United States at birth did not lose nationality

38 because of residence outside the United States after a marriage re39 ferred to in clause (1) of this subsection.
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1 § 20703. Presumption that act is done voluntarily

2 An individual carrying out an act resulting in the loss of nationality

3 under this subchapter or any other law is presumed to have carried out the

4 act voluntarily. The presumption may be rebutted on a showing by a pre5 ponderance of the evidence that the act was not carried out voluntarily.

6 SUBCHAPTER II—REVOCATION OF NATURALIZATION

7 § 20711. Application

8 This subchapter applies to any naturalization and certificate of natu9 ralization issued under this title or any other law.

10 § 20712. Grounds

11 (a) GENERAL.—A court in which a civil action is brought under section

12 20713 of this title shall revoke the order of naturalization of an individual

13 as a citizen of the United States and cancel the individual’s certificate of

14 naturalization if the court decides—

15 (1) the order and certificate were obtained unlawfully, by conceal16 ment of a material fact, or by willful misrepresentation; or

17 (2) for an individual naturalized under section 20313 of this title,

18 the individual was discharged from the armed forces of the United

19 States other than honorably.

20 (b) REFUSAL TO TESTIFY BEFORE CONGRESSIONAL COMMITTEE.—The

21 refusal of an individual within 10 years after naturalization of the individual

22 to testify as a witness before a congressional committee about subversive ac23 tivities of the individual is concealment of a material fact or willful mis24 representation under subsection (a)(1) of this section if the individual is

25 convicted of contempt for the refusal.

26 (c) MEMBERSHIP IN, OR AFFILIATION WITH, CERTAIN ORGANIZA27 TIONS.—If an individual naturalized after December 24, 1952, became a

28 member of or affiliated with an organization within 5 years after naturaliza29 tion and the membership or affiliation at the time of naturalization would

30 have prevented the individual from being naturalized under section 20331

31 of this title, the membership or affiliation is prima facie evidence that the

32 individual was not attached to the principles of the Constitution and was

33 not well disposed to the good order and happiness of the United States at

34 the time of naturalization. If there is no contrary evidence, a court may act

35 under subsection (a)(1) of this section on the ground that the naturalization

36 was obtained by concealment of a material fact or by willful misrepresenta37 tion.

38 (d) ADJUSTMENT OF STATUS.—An individual is deemed to have obtained

39 naturalization by concealment of a material fact or by willful misrepresenta40 tion if—
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1 (1) the individual was naturalized as a citizen of the United States

2 based on a record of lawful admission for permanent residence made

3 as a result of an adjustment of the individual’s status;

4 (2) the individual was not eligible for the adjustment of status; and

5 (3) the Attorney General rescinds the adjustment of status under

6 section 9108(a) of this title.

7 (e) PROOF OF DISCHARGE FROM ARMED FORCES.—Discharge from the

8 armed forces of the United States other than honorably shall be proved by

9 a certification from the head of the executive agency under which the indi10 vidual served.

11 (f) COURTS TO REVOKE NATURALIZATION ORDERS WHEN NATURALIZA12 TION CONVICTIONS INVOLVED.—A court having jurisdiction to try a viola13 tion of section 1425 of title 18 has jurisdiction to revoke orders of natu14 ralization and cancel certificates of naturalization. A court in which an indi15 vidual is convicted of knowingly obtaining naturalization in violation of sec16 tion 1425 shall revoke the order of naturalization of the individual as a citi17 zen and cancel the certificate of naturalization of the individual.

18 § 20713. Procedure

19 (a) BRINGING CIVIL ACTIONS TO REVOKE.—If grounds exist under sec20 tion 20712 of this title, the Attorney General shall bring a civil action to

21 revoke the order of naturalization of an individual as a citizen of the United

22 States and to cancel the certificate of naturalization. When bringing the ac23 tion, the Attorney General shall file an affidavit showing good cause.

24 (b) VENUE.—An action under this section shall be brought in a district

25 court of the United States for the judicial district in which the individual

26 resides. If the individual does not reside in a judicial district in the United

27 States, the action may be brought in the United States District Court for

28 the District of Columbia or the district in which the individual last resided.

29 (c) NOTICE AND ANSWER.—The individual shall be given personal notice

30 and, unless waived, 60 days to answer in an action brought under this sec31 tion. If the individual is absent from the United States or the judicial dis32 trict in which the individual last resided, notice shall be given by personal

33 service or by publication in the way provided for service by publication or

34 on absentees by the law of the State or place in which the action is brought.

35 (d) EFFECTIVE DATE OF REVOCATION AND CANCELLATION.—Revocation

36 and cancellation under this subchapter are effective from the date of the

37 naturalization order and certificate of naturalization.

38 § 20714. Effect on automatic naturalization

39 An individual claiming citizenship of the United States through the natu40 ralization of a parent or spouse loses that citizenship when the order of nat-
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1 uralization of the parent or spouse as a citizen is revoked and the certificate

2 of naturalization is canceled under—

3 (1) section 20712(a)(1) of this title because the order and certificate

4 were obtained by concealment of a material fact or by willful misrepre5 sentation;

6 (2) section 20712(a)(2) of this title on a ground other than that the

7 order and certificate were obtained by concealment of a material fact

8 or by willful misrepresentation, if the individual does not reside in the

9 United States when the order is revoked and the certificate is canceled;

10 or

11 (3) section 20712(c) of this title, if the individual does not reside in

12 the United States when the order is revoked and the certificate is can13 celed.

14 § 20715. Cancellation of certificate of naturalization

15 (a) DUTIES OF COURT.—A court revoking an order of naturalization as

16 a citizen of the United States or canceling a certificate of naturalization,

17 or both, under this subchapter shall prepare an order canceling the certifi18 cate and send a certified copy to the Attorney General.

19 (b) SURRENDER OF CANCELED CERTIFICATE.—On notice by the court

20 canceling a certificate of naturalization or by the Attorney General, an indi21 vidual holding a canceled certificate of naturalization shall surrender it to

22 the Attorney General.

23 § 20716. Authority not affected

24 This subchapter does not affect the authority of the Attorney General to

25 reopen, change, or vacate an order of naturalization of an individual as a

26 citizen of the United States.

27 SUBCHAPTER III—MISCELLANEOUS

28 § 20731. Burden of proof

29 A person claiming that an individual has lost nationality of the United

30 States under this chapter or any other law has the burden of proving, by

31 a preponderance of the evidence, that the loss occurred.

32 CHAPTER 209—NATIONALITY DOCUMENTS

Sec.

20901. Certificates of naturalization.

20902. Certificates of citizenship.

20903. Certificates of nationality.

20904. Other documents to prove citizenship.

20905. Cancellation of documents and records.

20906. Certificates of loss of nationality.

20907. Certifications of records.
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1 § 20901. Certificates of naturalization

2 (a) ISSUANCE AND CONTENT.—The Attorney General shall issue a certifi3 cate of naturalization to an individual when the individual is naturalized as

4 a citizen of the United States. The certificate shall contain—

5 (1) the number of the individual’s application for naturalization;

6 (2) the number of the certificate;

7 (3) the individual’s name (as changed if a change of name is granted

8 by a court as part of the administration of the oath required for natu9 ralization);

10 (4) the individual’s signature;

11 (5) the individual’s place of residence;

12 (6) a signed photograph of the individual;

13 (7) a personal description of the individual, including age, sex, and

14 marital status;

15 (8) the individual’s prior nationality;

16 (9) a statement that the Attorney General, having decided that the

17 individual has satisfied the applicable provisions of this title, ordered

18 the individual naturalized as a citizen;

19 (10) the date of the naturalization;

20 (11) the location of the district office of the Immigration and Natu21 ralization Service in which the application was filed;

22 (12) the title, authority, and location of the official or court admin23 istering the oath required for naturalization; and

24 (13) the attestation of an immigration officer and the seal of the De25 partment of Justice.

26 (b) REPLACEMENT CERTIFICATES.—(1) On application to the Attorney

27 General, the Attorney General shall issue to a naturalized citizen—

28 (A) a new certificate of naturalization to replace a certificate that

29 the Attorney General finds is lost, destroyed, or mutilated, and if muti30 lated, is surrendered to the Attorney General; or

31 (B) a new certificate of naturalization with the citizen’s new name

32 when the Attorney General finds that the citizen’s name has been

33 changed by marriage or order of a court of competent jurisdiction after

34 naturalization.

35 (2) The Attorney General shall notify the court that naturalized the citi36 zen of the issuance of a new certificate under paragraph (1)(B) of this sub37 section.

38 (c) SPECIAL CERTIFICATES TO OBTAIN RECOGNITION BY FOREIGN

39 COUNTRIES.—On application by a naturalized citizen to the Attorney Gen40 eral, the Attorney General shall issue for the citizen a special certificate of

41 naturalization to be used only to obtain recognition as a citizen of the Unit-
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1 ed States by the government of a foreign country. The certificate shall be

2 submitted to the Secretary of State for submission to the proper authority

3 of the government of the foreign country.

4 (d) PHOTOGRAPHS.—An application to the Attorney General for a certifi5 cate of naturalization or a special certificate of naturalization shall include

6 3 identical photographs of the individual applying. One photograph shall be

7 attached to the certificate and the others to the copies of the certificate re8 tained by the Attorney General.

9 (e) SURRENDER OF FOUND CERTIFICATES.—A person coming into pos10 session of a certificate of naturalization that was lost shall surrender the

11 certificate to the Attorney General.

12 § 20902. Certificates of citizenship

13 (a) APPLICATIONS.—An individual may apply to the Attorney General for

14 a certificate of citizenship if the individual claims to be a citizen of the

15 United States because of—

16 (1) the naturalization of a parent of the individual;

17 (2) the naturalization or citizenship of the individual’s husband;

18 (3) section 1993 of the Revised Statutes;

19 (4) the Act of May 7, 1934 (ch. 221, 48 Stat. 667);

20 (5) the Act of August 4, 1937 (ch. 563, 50 Stat. 558);

21 (6) section 201(c)–(e), (g), or (i), 203, or 205 of the Nationality Act

22 of 1940 (ch. 876, 54 Stat. 1138, 1139); or

23 (7) section 20102(a), 20104(a), or 20106 of this title.

24 (b) PHOTOGRAPHS.—An application under subsection (a) of this section

25 shall include 3 identical photographs of the individual applying. One photo26 graph shall be attached to the certificate and the others to the copies of

27 the certificate retained by the Attorney General.

28 (c) ISSUANCE.—The Attorney General shall issue a certificate of citizen29 ship to an individual if—

30 (1) the Attorney General is satisfied that the individual is a citizen

31 as claimed under subsection (a) of this section;

32 (2) the individual takes, and signs, in front of an immigration officer

33 the oath required for naturalization, unless waived under section

34 20509(c) of this title; and

35 (3) the individual is in the United States when the oath is taken and

36 the certificate is issued.

37 (d) REPLACEMENT CERTIFICATES.—The Attorney General shall issue a

38 new certificate of citizenship to a citizen applying to replace a certificate

39 that the Attorney General finds is lost, destroyed, or mutilated, and if muti40 lated, is surrendered to the Attorney General. A person coming into posses-
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1 sion of a certificate that was lost shall surrender the certificate to the Attor2 ney General.

3 § 20903. Certificates of nationality

4 (a) CERTIFICATES FOR USE IN FOREIGN COUNTRY PROCEEDINGS.—

5 Under regulations the Secretary of State prescribes, the Secretary may issue

6 a certificate of nationality for an individual if the Secretary is satisfied that

7 the individual is a national of the United States at birth and that the cer8 tificate is needed for an administrative or judicial proceeding of a foreign

9 country. The certificate is only for use in the proceeding for which it is is10 sued. The Secretary shall submit the certificate to the appropriate foreign

11 administrative or judicial officer.

12 (b) CERTIFICATES ISSUED TO INDIVIDUALS.—An individual claiming to

13 be a national, but not a citizen, of the United States may apply to the Sec14 retary of State for a certificate of non-citizen national status. The Secretary

15 shall issue the certificate if—

16 (1) the Secretary is satisfied that the individual is a national, but

17 not a citizen, of the United States;

18 (2) for an individual born outside the United States or American

19 Samoa, the individual takes, and signs, in front of an immigration offi20 cer in the United States or American Samoa, the oath required for nat21 uralization; and

22 (3) the individual is in the United States or American Samoa when

23 the certificate is issued.

24 § 20904. Other documents to prove citizenship

25 The following documents have the same effect that a certificate of natu26 ralization or a certificate of citizenship has to prove that an individual is

27 a citizen of the United States:

28 (1) a passport issued by the Secretary of State to a citizen of the

29 United States during its period of validity if the period is the maximum

30 allowed by law.

31 (2) a ‘‘Report of Birth Abroad of a Citizen of the United States’’

32 issued by a consular officer to document a citizen born outside the

33 United States.

34 § 20905. Cancellation of documents and records

35 (a) ATTORNEY GENERAL.—(1) The Attorney General may cancel a citi36 zenship or nationality document or record issued by the Attorney General

37 if satisfied that it was obtained fraudulently or unlawfully.

38 (2) The Attorney General shall send written notice of an intention to can39 cel the document or record, and the reason for the cancellation, to the indi40 vidual to whom the document or record was issued, at the individual’s last
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1 known address. The Attorney General shall give the individual at least 60

2 days to show cause why the document or record should not be canceled.

3 (b) SECRETARY OF STATE.—(1) The Secretary of State may cancel a

4 United States passport or a ‘‘Report of Birth Abroad of a Citizen of the

5 United States’’ issued by a consular officer to document a citizen born out6 side the United States, or a certified copy, if it appears to have been ob7 tained fraudulently, unlawfully, or erroneously.

8 (2) The Secretary shall send written notice of the cancellation to the indi9 vidual to whom the document was issued, at the individual’s last known ad10 dress. The notice shall include notice of the procedure to seek a prompt

11 post-cancellation hearing.

12 (c) EFFECT OF CANCELLATION.—Cancellation of a document or record

13 showing the citizenship status of an individual under this section affects

14 only the record and not the citizenship status of the individual.

15 § 20906. Certificates of loss of nationality

16 (a) CERTIFICATE BY DIPLOMATIC OR CONSULAR OFFICER.—When a dip17 lomatic or consular officer believes that an individual in a foreign country

18 has lost the nationality of the United States under section 20701 of this

19 title or chapter IV of the Nationality Act of 1940 (ch. 876, 54 Stat. 1168),

20 the officer shall certify in writing to the Secretary of State, under regula21 tions the Secretary prescribes, the facts on which the officer’s belief is

22 based.

23 (b) APPROVAL BY SECRETARY OF STATE.—(1) If the Secretary approves

24 the certificate, the Secretary shall provide a copy to the Attorney General

25 and direct the officer to provide a copy to the individual.

26 (2) The Secretary’s approval of the certificate is—

27 (A) a final administrative decision of loss of nationality, subject to

28 procedures for administrative appeal the Secretary may prescribe by

29 regulation; and

30 (B) a denial of a right or privilege under section 21101 of this title.

31 § 20907. Certifications of records

32 The Attorney General may make a certification of any part of a natu33 ralization record of a court, a certificate of naturalization, or a certificate

34 of citizenship, for use in complying with a law or in a judicial proceeding.

35 The clerk of a court may make such a certification only on order of the

36 court.

37 CHAPTER 211—MISCELLANEOUS

Sec.

21101. Procedure if denied a right or privilege as a national.

21102. Information about citizenship.
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1 § 21101. Procedure if denied a right or privilege as a na2 tional

3 (a) INDIVIDUALS IN THE UNITED STATES.—(1) Except as provided in

4 paragraph (4) of this subsection, an individual in the United States may

5 bring a civil action under section 2201 of title 28 against the head of an

6 agency for a judgment declaring that the individual is a national of the

7 United States if—

8 (A) the individual claims a right or privilege as a national of the

9 United States; and

10 (B) the head of the agency denies the claim because the individual

11 is not a national of the United States.

12 (2) The action must be brought—

13 (A) in the district court of the United States for the judicial district

14 in which the individual resides or claims to reside; and

15 (B) within 5 years after the final administrative denial of the right

16 or privilege.

17 (3) A court referred to in paragraph (2) of this subsection has jurisdic18 tion over the head of the agency in that action.

19 (4) An individual may not bring an action under this subsection if the

20 issue of the individual’s nationality arose because of a deportation or exclu21 sion proceeding.

22 (b) INDIVIDUALS NOT IN THE UNITED STATES.—(1) An individual not

23 in the United States may apply to a consular officer or diplomatic officer

24 of the United States in the country in which the individual resides for a

25 certificate of identity to travel to the United States and apply for admission

26 if—

27 (A) the individual claims a right or privilege as a national of the

28 United States;

29 (B) the head of an agency denies the claim because the individual

30 is not a national of the United States; and

31 (C) the individual had been in the United States before applying for

32 the certificate, or the individual is less than 16 years of age and was

33 born outside the United States to a parent who is a citizen of the Unit34 ed States.

35 (2) The diplomatic or consular officer shall grant the certificate if satis36 fied that the application is made in good faith and has a substantial basis.

37 If the officer denies the application, the individual may appeal to the Sec38 retary of State. If the Secretary approves the denial, the Secretary shall

39 state the reasons in writing.

40 (3) The individual may use the certificate to travel to a port of entry and

41 apply for admission to the United States. The individual is subject to the
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1 provisions of this title applicable to proceedings for aliens seeking admission

2 to the United States.

3 (4) The Secretary shall prescribe regulations for granting certificates

4 under this subsection.

5 (c) APPLICATION OF LAWS ON ADMISSION OF ALIENS.—An individual de6 scribed in this section who is finally excluded from admission to the United

7 States is subject to all the provisions of this title applicable to aliens seeking

8 admission to the United States.

9 § 21102. Information about citizenship

10 (a) PROMOTING UNITED STATES CITIZENSHIP.—To promote the oppor11 tunities and responsibilities of citizenship of the United States, the Attorney

12 General shall distribute broadly information about the benefits individuals

13 may receive under this subtitle and the requirements to obtain those bene14 fits. In carrying out this subsection, the Attorney General shall seek the as15 sistance of appropriate community groups, private voluntary agencies, and

16 other relevant organizations.

17 (b) INSTRUCTION IN CITIZENSHIP RESPONSIBILITIES.—The Attorney

18 General may promote instruction and training in citizenship responsibilities

19 of applicants for naturalization, including—

20 (1) giving names of applicants for naturalization to public schools;

21 (2) preparing citizenship textbooks and distributing the textbooks

22 without charge to applicants receiving instruction in citizenship respon23 sibilities under the supervision of public schools;

24 (3) preparing and distributing a monthly immigration and natu25 ralization bulletin; and

26 (4) seeking the cooperation of official State and national organiza27 tions, including organizations concerned with vocational education.

28 (c) REIMBURSEMENT.—Based on a statement by the Attorney General

29 that the citizenship textbooks have been prepared and distributed as pro30 vided in subsection (b)(2) of this section, naturalization fees deposited in

31 the Treasury by the Attorney General may be used to reimburse the appro32 priation of the Department of Justice for the cost of preparing and distrib33 uting the textbooks.

34 SEC. 2. CONFORMING PROVISIONS.

35 (a) TITLE 8.—Effective June 1, 1996, section 8303 of title 8, United

36 States Code, is amended as follows:

37 (1) Subsection (b) is amended to read as follows:

38 ‘‘(b) WAIVERS.—The Attorney General may waive the 2-year residence

39 requirement of subsection (a) of this section if the Attorney General finds

40 that admitting the alien would be in the public interest, after receiving a

41 favorable recommendation from—
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1 ‘‘(1) the Director—

2 ‘‘(A) because of a request from an interested agency; or

3 ‘‘(B) if the foreign country of the alien’s nationality or last resi4 dence provides the Director with a written statement that it does

5 not object to the waiver, except that this subclause does not apply

6 to an alien described in subsection (a)(3) of this section; or

7 ‘‘(2) the Commissioner of Immigration and Naturalization if the

8 Commissioner finds that—

9 ‘‘(A) departure from the United States would impose excep10 tional hardship on the alien’s spouse or child when the spouse or

11 child is a citizen of the United States or lawfully admitted for per12 manent residence; or

13 ‘‘(B) the alien would be subject to persecution on account of

14 race, religion, or political opinion if the alien returned to the for15 eign country of the alien’s nationality or last residence.’’.

16 (2) Strike subsection (c).

17 (b) TITLE 10.—Section 885 of title 10, United States Code, is amended

18 by adding at the end the following new subsection:

19 ‘‘(d) Any person found guilty of desertion in time of war may not—

20 ‘‘(1) hold an office of trust or profit under the United States; or

21 ‘‘(2) exercise the rights of a citizen of the United States.’’.

22 (c) ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965.—In the

23 table of contents of the Elementary and Secondary Education Act of 1965

24 (20 U.S.C. 6301 et seq.), strike the analysis for part C of title VII.

25 (d) ACT OF AUGUST 1, 1956.—Section 6(a) of the Act of August 1, 1956

26 (50 U.S.C. 855(a)), is amended by—

27 (1) striking the subsection designation ‘‘(a)’’; and

28 (2) striking ‘‘make’’ and substituting ‘‘makes’’.

29 (e) MILITARY SELECTIVE SERVICE ACT.—Section 12 of the Military Se30 lective Service Act (50 App. U.S.C. 462) is amended by adding at the end

31 the following new subsection:

32 ‘‘(h) On conviction by a court of competent jurisdiction, a person reg33 istered under this Act who leaves the district in which registered, or a per34 son (whether or not registered under this Act) who leaves the United States,

35 with the intent to evade a lawfully ordered draft while the United States

36 is at war, may not—

37 ‘‘(1) hold an office of trust or profit under the United States; or

38 ‘‘(2) exercise the rights of a citizen of the United States.’’.

39 SEC. 3. CONFORMING CROSS-REFERENCES.

40 (a) TITLE 5.—Section 5549(2) of title 5, United States Code, is amended

41 by striking ‘‘sections 1353a and 1353b’’ and substituting ‘‘section 308’’.
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1 (b) TITLE 10.—Title 10, United States Code, is amended as follows:

2 (1) In section 374(b)(4)(A)(ii), strike ‘‘Any of sections 274 through

3 278 of the Immigration and Nationality Act (8 U.S.C. 1324–1328)’’

4 and substitute ‘‘Sections 10147–10151 of title 8’’.

5 (2) In section 1060a(f)(2)(B), strike ‘‘(as’’ and all that follows

6 through the period and substitute ‘‘as determined under title 8.’’.

7 (3) In section 2864(a), strike ‘‘section 101(a)(15)(H)(ii) of the Im8 migration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii))’’ and sub9 stitute ‘‘section 2314 or 2315 of title 8’’.

10 (4) In sections 3253 and 8253, strike ‘‘the Immigration and Nation11 ality Act (8 U.S.C. 1101 et seq.)’’ and substitute ‘‘title 8’’.

12 (5) In sections 12102(b)(1) and 12201(b)(1), strike ‘‘the Immigra13 tion and Nationality Act (8 U.S.C. 1101 et seq.)’’ and substitute ‘‘title

14 8’’.

15 (c) TITLE 18.—Title 18, United States Code, is amended as follows:

16 (1) In sections 831(c)(2) and 1091(d)(2), strike ‘‘section 101 of the

17 Immigration and Nationality Act (8 U.S.C. 1101)’’ and substitute

18 ‘‘section 127 of title 8’’.

19 (2) In section 1203(c), strike ‘‘section 101(a)(22) of the Immigration

20 and Nationality Act (8 U.S.C. 1101(a)(22))’’ and substitute ‘‘section

21 127 of title 8’’.

22 (3) In section 1546(b), strike ‘‘section 274A(b) of the Immigration

23 and Nationality Act’’ and substitute ‘‘section 11103 of title 8’’.

24 (4) In section 2331(2), strike ‘‘section 101(a)(22) of the Immigra25 tion and Nationality Act’’ and substitute ‘‘section 127 of title 8’’.

26 (5) In section 3077(2)—

27 (A) in clause (A), strike ‘‘section 101(a)(22) of the Immigration

28 and Nationality Act (8 U.S.C. 1101(a)(22))’’ and substitute ‘‘sec29 tion 127 of title 8’’; and

30 (B) in clause (B), strike ‘‘section 101(a)(20) of the Immigration

31 and Nationality Act (8 U.S.C. 1101(a)(20))’’ and substitute ‘‘sec32 tion 124 of title 8’’.

33 (6) In section 3142(d)(1)(B), strike ‘‘section 101(a)(20) of the Im34 migration and Nationality Act (8 U.S.C. 1101(a)(20))’’ and substitute

35 ‘‘section 124 of title 8’’.

36 (7) In section 4113—

37 (A) in subsection (a), strike ‘‘section 1252(b) or section 1254(e)

38 of title 8, United States Code,’’ and substitute ‘‘section 6540(a)

39 or (b) of title 8’’;
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1 (B) in subsection (b), strike ‘‘section 1252 of title 8, United

2 States Code,’’ and substitute ‘‘subchapter II of chapter 65 of title

3 8 and’’; and

4 (C) in subsection (c), strike ‘‘section 1226 of title 8, United

5 States Code,’’ and substitute ‘‘subchapter II of chapter 63 of title

6 8 and’’.

7 (d) INTERNAL REVENUE CODE OF 1986.—The Internal Revenue Code of

8 1986 (26 U.S.C. 1 et seq.) is amended as follows:

9 (1) In section 871(c), strike ‘‘subparagraph (F), (J), (M), or (Q) of

10 section 101(a)(15) of the Immigration and Nationality Act, as amended

11 (8 U.S.C. 1101(a)(15)(F), (J), (M), or (Q))’’ and substitute ‘‘section

12 2310, 2311, 2312, or 2320 of title 8, United States Code’’.

13 (2) In sections 872(b)(3), strike ‘‘subparagraph (F), (J), or (Q) of

14 section 101(a)(15) of the Immigration and Nationality Act, as amend15 ed’’ and substitute ‘‘section 2310, 2312, or 2320 of title 8, United

16 States Code’’.

17 (3) In sections 877(d), 2107(d), and 2501(a)(3)(A), strike ‘‘, as

18 amended (8 U.S.C. 1401(b), 1482, or 1487)’’ and substitute ‘‘as those

19 sections were in effect on October 9, 1978’’.

20 (4) In section 1441(b), strike ‘‘subparagraph (F), (J), (M), or (Q)

21 of section 101(a)(15) of the Immigration and Nationality Act’’ and

22 substitute ‘‘section 2310, 2311, 2312, or 2320 of title 8, United States

23 Code,’’.

24 (5) In section 3121(b)—

25 (A) in clause (18), strike ‘‘section 101(a)(15)(H)(ii) of the Im26 migration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii))’’ and

27 substitute ‘‘section 2314 or 2315 of title 8, United States Code’’;

28 and

29 (B) in clause (19), strike ‘‘subparagraph (F), (J), (M), or (Q)

30 of section 101(a)(15) of the Immigration and Nationality Act, as

31 amended’’ and ‘‘in subparagraph (F), (J), (M), or (Q)’’ and sub32 stitute ‘‘section 2310, 2311, 2312, or 2320 of title 8, United

33 States Code’’ and ‘‘in section 2310, 2311, 2312, or 2320’’, respec34 tively.

35 (6) In section 3231(e)(1), strike ‘‘subparagraph (F), (J), (M), or (Q)

36 of section 101(a)(15) of the Immigration and Nationality Act, as

37 amended’’ and ‘‘in subparagraph (F), (J), (M), or (Q)’’ and substitute

38 ‘‘section 2310, 2311, 2312, or 2320 of title 8, United States Code’’

39 and ‘‘in section 2310, 2311, 2312, or 2320’’, respectively.
358

•HR 1292 IH

1 (7) In section 3304(a)(14)(A), strike ‘‘section 212(d)(5) of the Im2 migration and Nationality Act’’ and substitute ‘‘section 6123 of title

3 8, United States Code’’.

4 (8) In section 3306(c)—

5 (A) in clause (1)(B), strike ‘‘sections 214(c) and 101(a)(15)(H)

6 of the Immigration and Nationality Act’’ and substitute ‘‘section

7 2314 of title 8, United States Code’’; and

8 (B) in clause (19), strike ‘‘subparagraph (F), (J), (M), or (Q)

9 of section 101(a)(15) of the Immigration and Nationality Act, as

10 amended (8 U.S.C. 1101(a)(15)(F), (J), (M), or (Q))’’ and ‘‘in

11 subparagraph (F), (J), (M), or (Q)’’ and substitute ‘‘section 2310,

12 2311, 2312, or 2320 of title 8, United States Code’’ and ‘‘in sec13 tion 2310, 2311, 2312, or 2320’’, respectively.

14 (9) In section 6103(m)(4)(A)(ii)(II), strike ‘‘section 3(a)(1) of the

15 Migration and Refugee Assistance Act of 1962’’ and substitute ‘‘section

16 13308(a)(1) of title 8, United States Code,’’.

17 (10) In section 7701(b)(5)—

18 (A) in paragraph (C)(i), strike ‘‘subparagraph (J) or (Q) of sec19 tion 101(15) of the Immigration and Nationality Act’’ and sub20 stitute ‘‘section 2312 or 2320 of title 8, United States Code’’;

21 (B) in paragraph (D)(i)(I), strike ‘‘subparagraph (F) or (M) of

22 section 101(a)(15) of the Immigration and Nationality Act’’ and

23 substitute ‘‘section 2310 or 2311 of title 8, United States Code’’;

24 and

25 (C) in paragraph (D)(i)(II), strike ‘‘subparagraph (J) or (Q) of

26 such section 101(15)’’ and substitute ‘‘section 2312 or 2320 of

27 title 8, United States Code’’.

28 (e) TITLE 28.—Title 28, United States Code, is amended as follows:

29 (1) In section 751(e), strike ‘‘naturalization fees listed in section 742

30 of Title 8 and’’.

31 (2) In section 1821(e), strike ‘‘section 212(d)(5) of the Immigration

32 and Nationality Act (8 U.S.C. 1182(d)(5))’’ and ‘‘section 242(b) of

33 such Act (8 U.S.C. 1252(b))’’ and substitute ‘‘section 6123 of title 8’’

34 and ‘‘section 6532 of title 8’’, respectively.

35 (f) TITLE 46.—Title 46, United States Code, is amended as follows:

36 (1) In section 2101(3a), strike ‘‘section 101(a)(22) of the Immigra37 tion and Nationality Act (8 U.S.C. 1101(a)(22))’’ and substitute ‘‘sec38 tion 127 of title 8’’.

39 (2) In section 8103(i)(1)(C), strike ‘‘the Immigration and National40 ity Act (8 U.S.C. 1101 et seq.)’’ and substitute ‘‘title 8’’.
359

•HR 1292 IH

1 (3) In section 8704, strike ‘‘section 274A of the Immigration and

2 Nationality Act (8 U.S.C. 1324a)’’ and substitute ‘‘chapter 111 of title

3 8’’.

4 SEC. 4. LEGISLATIVE PURPOSE AND CONSTRUCTION.

5 (a) NO SUBSTANTIVE CHANGE.—Sections 1 and 2 of this Act restate,

6 without substantive change, laws enacted before March 1, 1995, that were

7 replaced by those sections. Those sections may not be construed as making

8 a substantive change in the laws replaced. Laws enacted after February 28,

9 1995, that are inconsistent with this Act supersede this Act to the extent

10 of the inconsistency.

11 (b) REFERENCES.—A reference to a law replaced by section 1 or 2 of

12 this Act, including a reference in a regulation, order, or other law, is

13 deemed to refer to the corresponding provision enacted by this Act.

14 (c) CONTINUING EFFECT.—An order, rule, or regulation in effect under

15 a law replaced by section 1 or 2 of this Act continues in effect under the

16 corresponding provision enacted by this Act until repealed, amended, or su17 perseded.

18 (d) ACTIONS AND OFFENSES UNDER PRIOR LAW.—An action taken or

19 an offense committed under a law replaced by section 1 or 2 of this Act

20 is deemed to have been taken or committed under the corresponding provi21 sion enacted by this Act.

22 (e) INFERENCES.—An inference of a legislative construction is not to be

23 drawn by reason of the location in the United States Code of a provision

24 enacted by this Act or by reason of a caption or catch line of the provision.

25 (f) SEVERABILITY.—If a provision enacted by this Act is held invalid, all

26 valid provisions that are severable from the invalid provision remain in ef27 fect. If a provision enacted by this Act is held invalid in any of its applica28 tions, the provision remains valid for all valid applications that are severable

29 from any of the invalid applications.

30 SEC. 5. REPEALS.

31 (a) INFERENCES OF REPEAL.—The repeal of a law by this Act may not

32 be construed as a legislative inference that the provision was or was not in

33 effect before its repeal.

34 (b) REPEALER SCHEDULE.—The laws specified in the following schedule

35 are repealed, except for rights and duties that matured, penalties that were

36 incurred, and proceedings that were begun before the date of enactment of

37 this Act:
360

•HR 1292 IH

Schedule of Laws Repealed

Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

Volume Page Title Section

1875

Feb. 18 80 .............. 1(14th par. on p. 318) ........................ 18 318 ............... 8 359

1879

Mar. 3 182 ............ 2 ........................................................... 20 402 ............... 8 63

1887

Feb. 8 119 ............ 6(2d sentence less provisos) ................ 24 390 ............... 8 3

25 349

1888

Feb. 1 4 ................ 1(last par. under heading ‘‘Pay Department’’).25 9 ................... 8 63

1891

Mar. 3 551 ............ 1, 4, 6–13 ............................................ 26 1084, 1085 .. 8 1552

1893

Mar. 3 206 ............ 1–7, 9, 10 ............................................ 27 569, 571 ...... ....... ........................

1894

Mar. 17 Art. III ...... .............................................................. 28 1211 ............. 8 298

Aug. 18 301 ............ 1(last par. on p. 390) .......................... 28 390 ............... 8 174

1895

Mar. 2 177 ............ 1(last par. beginning on p. 780) ......... 28 780 ............... 8 103, 1552,

1554

1898

July 1 546 ............ 1(2d par. under heading ‘‘Back Pay

and Bounty’’).

30 640 ............... 8 63

1900

Apr. 30 339 ............ 4 ........................................................... 31 141 ............... 48 494

1901

Mar. 3 853 ............ 1(next-to-last par. before heading

‘‘Quarantine Service’’).

31 1155 ............. ....... ........................

868 ............ .............................................................. 31 1447 ............. 8 3

25 349

1902

June 14 1088 .......... 2 ........................................................... 32 386 ............... 22 212

July 1 1351 .......... (3d complete par. on p. 556) ............... 32 556 ............... 8 64

1903

Feb. 14 552 ............ 4(related to immigration), 7(related to immigration).32 826, 828 ...... 8 131, 261,

1551

1904

Apr. 28 1762 .......... 1(par. under heading ‘‘Enforcement of

the Chinese-Exclusion Act’’).

33 478 ............... 8 298

Pub. R. 33 . .............................................................. 33 591 ............... 8 140, 1552

1906

May 8 2348 .......... ‘‘Sec. 6(2d sentence less provisos)’’ ..... 34 182 ............... 8 3

25 349

June 29 3592 .......... 26 ......................................................... 34 603 ............... ....... ........................ 3624 .......... .............................................................. 34 630 ............... 8 407

1910

June 25 395 ............ 6(1st par.) ........................................... 36 826 ............... 8 1557

401 ............ 2 ........................................................... 36 830 ............... ....... ........................

1913

Mar. 4 141 ............ 3(related to Commissioner of Naturalization and ‘‘known as the Commissioner General of Immigration,

the Commissioners of Immigration,

the Bureau of Immigration and

Naturalization, the Division of Information, the Division of Naturalization, and the Immigration

Service at Large’’ in 1st–3d sentences).

37 737 ............... 8 1551, 1552

1915

Mar. 4 147 ............ 1(par. under heading ‘‘Immigration Service’’).38 1151 ............. 8 112

1917

Mar. 2 145 ............ 5, 5a(provisos) ..................................... 39 953 ............... 8 5, 5a

Mar. 3 163 ............ 1(pars. under headings ‘‘Bureau of

Immigration’’ and ‘‘Bureau of Naturalization’’).

39 1118 ............. 8 1552
361

•HR 1292 IH

Schedule of Laws Repealed—Continued

Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

Volume Page Title Section

June 12 27 ............... 1(1st provisos on pp. 170, 171) ........... 40 170, 171 ....... 8 118, 402

June 15 30 ............... 1 ............................................................ 40 227 ............... 22 213

1918

May 9 69 ............... 2(less last proviso), 3(1st par.) ............ 40 546, 548 ....... 8 359, 395, 406,

416

1919

Aug. 15 50 ............... ............................................................... 41 280 ............... 8 114

1920

June 4 223 ............. 1, 2, 4, 5 ............................................... 41 750, 751 ....... 22 214, 215, 216

1921

Mar. 3 120 ............. 3(1st sentence 1st–29th words) ............ 41 1250 ............. 8 3

Mar. 4 161 ............. 1(2d par. under heading ‘‘Immigration

Service’’).

41 1424 ............. 8 1353c

1922

Mar. 28 117 ............. (pars. under headings ‘‘Bureau of Immigration’’, ‘‘Immigration Stations’’,

and ‘‘Bureau of Naturalization’’).

42 486 ............... 8 118, 1552

Sept. 22 411 ............. 6, 7 ....................................................... 42 1022 ............. 8 10

1923

Jan. 3 22 ............... (1st proviso on p. 1101) ....................... 42 1101 ............. 8 117

Jan. 5 24 ............... (pars. under headings ‘‘Bureau of Immigration’’, ‘‘Immigration Stations’’,

and ‘‘Bureau of Naturalization’’).

42 1127 ............. 8 118, 1552

1924

May 28 204 ............. (2d proviso on p. 240) .......................... 43 240 ............... 8 118

June 2 233 ............. ............................................................... 43 253 ............... 8 173, 224

June 7 379 ............. ............................................................... 43 669 ............... 8 228

1925

Feb. 27 364 ............. (2d proviso on p. 1049) ........................ 43 1049 ............. 8 118

1926

Apr. 29 195 ............. (2d proviso on p. 371) .......................... 44 371 ............... 8 118

May 25 388 ............. ............................................................... 44 652 ............... 8 374

July 3 738 ............. 2 ............................................................ 44 812 ............... ....... ........................

772 ............. ............................................................... 44 887 ............... 22 211, 211a,

214a, 217,

217a

1927

Jan. 26 58 ............... (1st proviso on p. 1038) ....................... 44 1038 ............. 8 117

Feb. 24 189 ............. (2d proviso on p. 1223) ........................ 44 1223 ............. 8 118

Feb. 25 192 ............. 1–3 ........................................................ 44 1234 ............. 8 5b, 5c, 377a

Mar. 4 503 ............. 2 ‘‘Sec. 5a(provisos)’’ ........................... 44 1418 ............. 8 5a

1928

Feb. 15 57 ............... (1st proviso on p. 107) ......................... 45 107 ............... 8 118

1929

Jan. 25 102 ............. (2d proviso on p. 1137) ........................ 45 1137 ............. 8 118

Mar. 2 536 ............. 6(e), 7(b) .............................................. 45 1514, 1515 ... 8 361, 402a

Mar. 4 683 ............. 2, 3 ....................................................... 45 1545 ............. 8 392a

1930

Apr. 18 184 ............. (last par. 2d proviso under heading

‘‘Bureau of Immigration’’).

46 216 ............... 8 118

June 19 544 ............. ............................................................... 46 787 ............... 8 3a

July 1 782 ............. ............................................................... 46 839 ............... 22 217a

July 3 826 ............. ............................................................... 46 849 ............... 8 137a

1931

Feb. 23 277 ............. (last proviso on p. 1228) ...................... 46 1228 ............. 8 117

Mar. 2 368 ............. ............................................................... 46 1467 ............. 8 1353a, 1353b

Mar. 3 442 ............. 4(b) ....................................................... 46 1512 ............. 8 370

1932

May 16 187 ............. ............................................................... 47 157 ............... 22 217a

May 25 203 ............. 1 ............................................................ 47 165 ............... 8 392b–392d

June 28 283 ............. ............................................................... 47 336 ............... 8 5b, 204a–204d

July 5 430 ............. (1st proviso on p. 591) ......................... 47 591 ............... 8 117

1933

Mar. 3 212 ............. (1st proviso on p. 1500) ....................... 47 1500 ............. 8 117

1934

Mar. 15 70 ............... (1st proviso on p. 435) ......................... 48 435 ............... 8 117, 176
362

•HR 1292 IH

Schedule of Laws Repealed—Continued

Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

Volume Page Title Section

May 7 221 ............. ............................................................... 48 667 ............... 8 3b, 3c

May 24 344 ............. 5 ............................................................ 48 798 ............... 8 137a, 371,

375

1935

June 15 255 ............. ............................................................... 49 376 ............... 8 376

1937

Aug. 23 735 ............. ............................................................... 50 743 ............... 8 392b–392d

1939

May 6 115 ............. (1st proviso on p. 668) ......................... 53 668 ............... 8 117

June 21 234 ............. ............................................................... 53 851 ............... 8 392b–392d

1940

June 28 439 ............. 22, 40, 41 ............................................. 54 673, 676 ....... 8 137, 137–1

Aug. 22 688 ............. ............................................................... 54 858 ............... 8 1353d

1941

June 28 258 ............. (2d proviso on p. 292) .......................... 55 292 ............... 8 103a

1942

July 2 472 ............. (1st proviso on p. 483) ......................... 56 483 ............... 8 103a

1943

July 1 182 ............. (1st proviso on p. 288) ......................... 57 288 ............... 8 103a

July 12 221 ............. (1st proviso on p. 507 words before

semicolon).

57 507 ............... 8 117

Dec. 17 344 ............. 1 ............................................................ 57 600 ............... ....... ........................

1944

June 28 294 ............. (1st proviso on p. 412) ......................... 58 412 ............... 8 103a

302 ............. (1st proviso on p. 558) ......................... 58 558 ............... 8 117

1945

May 21 129 ............. (1st proviso on p. 185) ......................... 59 185 ............... 8 103a

Dec. 28 591 ............. 1, 2, 4–6 ............................................... 59 659 ............... 8 232–237

1946

July 5 541 ............. (proviso on p. 462) ............................... 60 462 ............... 8 103a

1947

July 9 211 ............. (2d proviso on p. 292 words before

semicolon).

61 292 ............... 8 103a

July 22 289 ............. ............................................................... 61 401 ............... 8 237

July 23 304 ............. 1 ............................................................ 61 414 ............... 8 3b

1948

June 1 360 ............. 2 ............................................................ 62 283 ............... ....... ........................

1949

Oct. 15 695 ............. 5(a)(related to Commissioner of Immigration and Naturalization).63 880 ............... 8 102

1950

June 30 423 ............. ............................................................... 64 306 ............... 8 1184(note)

443 ............. ............................................................... 64 316 ............... 8 1440(note)

July 28 503 ............. 6 ............................................................ 64 380 ............... 8 1555

Aug. 19 759 ............. ............................................................... 64 464 ............... 8 239

1951

Mar. 19 9 ................. ............................................................... 65 5 ................... 8 239

June 19 144 ............. 21 .......................................................... 65 89 ................. ....... ........................

Aug. 16 321 ............. ............................................................... 65 191 ............... 8 723,

1435(note)

1952

Feb. 29 49 ............... 3 ............................................................ 66 10 ................. 8 398a, 727a

Apr. 9 171 ............. ............................................................... 66 50 ................. 8 1184(note)
363

•HR 1292 IH

Schedule of Laws Repealed—Continued

Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

Volume Page Title Section

June 27 477 ............. 1, 101(a)(1)–(23), (25)–(46), (b)(1)–

(5), (c), (e)–(h), 102–104(e), 105,

106, 201–211, 212(a)–(d)(1), (3)–

(5), (7), (8), (11), (e)–(o), 213–218,

221–224, 231, 232, 234–258, 261–

266, 271–293, 301–322, 324–

329(c), 329A–344, 346, 347, 349,

351, 356–361, 402(e), (h)–(j), 403–

407, 411–414.

66 163, 169,

171, 172,

175, 177,

188, 198,

246, 251,

266, 269,

272, 276,

277.

8 1101,

1101(note),

1102–1105,

1151–1182,

1183, 1184,

1185, 1186,

1186a, 1187,

1201, 1202–

1222, 1224–

1255, 1255a,

1256–1259,

1281–1324a,

1324b, 1325–

1353, 1354–

1401, 1402–

1408, 1409–

1435,

1435(note),

1436–1440,

1440(note),

1440–1,

1441–1455,

1457–1481,

1483, 1488–

1522, 1523,

1524, 1552

48 1421l

50

App.

1952–1955,

1961

1953

June 30 162 ............. ............................................................... 67 108 ............... 8 1440a–1440d

Aug. 7 336 ............. ............................................................... 67 400 ............... 50

App.

1971–1971q

1954

June 18 323 ............. ............................................................... 68 264 ............... 8 1184a

July 20 553 ............. ............................................................... 68 495 ............... 8 1435(note)

Aug. 31 1169 ........... ............................................................... 68 1044 ............. 50

App.

1971b–1971e

Sept. 3 1254 ........... 1–3 ........................................................ 68 1145 ............. 8 1154(note)

1256 ........... ............................................................... 68 1146 ............. 8 1481,

1481(note)

1263 ........... 6, 17, 18 ............................................... 68 1227, 1232 ... 8 1252, 1353c,

1451

1955

July 7 279 ............. (2d proviso on p. 272) .......................... 69 272 ............... 8 1553

1956

Feb. 10 31 ............... ............................................................... 70 11 ................. 22 214

Mar. 16 85 ............... ............................................................... 70 50 ................. 8 1401a

June 20 414 ............. 201(1st proviso on p. 307) ................... 70 307 ............... 8 1553

July 18 629 ............. 301 ........................................................ 70 575 ............... 8 1182, 1251

Aug. 1 841 ............. 33 .......................................................... ....... ...................... 22 2705

849 ............. 6(b) ....................................................... 70 900 ............... 50 855

1957

Sept. 11 85–316 ....... 1–3, 10, 12A–14 ................................... 71 639, 642 ....... 8 1101,

1151(note),

1153,

1153(note),

1201a(note),

1255b

1958

July 7 85–508 ....... 21–25 .................................................... 72 351 ............... 8 1101, 1182,

1404(note),

1421

July 18 85–531 ....... ............................................................... 72 375 ............... 8 1184(note)

July 25 85–559 ....... ............................................................... 72 419 ............... 8 1182(note)

Aug. 8 85–616 ....... ............................................................... 72 546 ............... 8 1259

Aug. 20 85–697 ....... 2 ............................................................ 72 687 ............... 8 1430

Aug. 21 85–700 ....... ............................................................... 72 699 ............... 8 1153(note),

1255

Sept. 2 85–892 ....... ............................................................... 72 1712 ............. ....... ........................

1959

Mar. 18 86–3 ........... 20 .......................................................... 73 13 ................. 8 1101, 1182,

1405(note),

1421

Sept. 14 86–267 ....... ............................................................... 73 552 ............... 22 217a
364

•HR 1292 IH

Schedule of Laws Repealed—Continued

Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

Volume Page Title Section

Sept. 22 86–363 ....... 1–3, 5 .................................................... 73 644 ............... 8 1153,

1153(note),

1155

1960

July 14 86–648 ....... 3–6, 8–10 .............................................. 74 505 ............... 8 1182,

1182(note),

1251, 1255

1961

Sept. 21 87–256 ....... 109 ........................................................ 75 534 ............... 8 1101, 1182,

1258

Sept. 26 87–301 ....... 2–6, 8–15, 18, 19, 21–24, 25(b) .......... 75 650, 654,

656, 657.

8 1101, 1105a,

1105a(note),

1152,

1153(note),

1155, 1182–

1182c, 1201,

1202, 1205,

1251a,

1255a(note),

1440, 1451,

1481

1962

June 28 87–510 ....... ............................................................... 76 121 ............... 8 1104,

1182(note)

22 1925, 1951,

2601,

2601(note),

2602–2605

Oct. 24 87–885 ....... 3, 4 ....................................................... 76 1247 ............. 8 1153(note),

1154, 1254

1964

Aug. 14 88–426 ....... 305(43) ................................................. 78 428 ............... 8 1104

Oct. 7 88–634 ....... 201(proviso under heading ‘‘assistance

to refugees in the United States’’).

78 1021 ............. 22 2601

1965

Apr. 11 89–10 ......... 7301–7309 ............................................ ....... ...................... 20 7541–7549

Oct. 3 89–236 ....... 1–20, 21(a)–(d), (f), 22–24 .................. 79 911, 921 ....... 8 1101, 1151,

1151(note),

1152–1156,

1181, 1182,

1182(note),

1201, 1202,

1204, 1251,

1253–1255,

1255(note),

1259, 1322,

1351

1966

Nov. 2 89–710 ....... ............................................................... 80 1104 ............. 8 1101

89–732 ....... 3 ............................................................ 80 1161 ............. 8 1255(note)

Nov. 6 89–770 ....... ............................................................... 80 1322 ............. 8 1401

1967

Dec. 18 90–215 ....... ............................................................... 81 661 ............... 8 1430

1968

June 29 90–369 ....... ............................................................... 82 279 ............... 8 1430

July 26 90–428 ....... ............................................................... 82 446 ............... 22 213, 214,

217a,

217a(note)

Oct. 21 90–609 ....... ............................................................... 82 1199 ............. 8 1351, 1455

Oct. 24 90–633 ....... ............................................................... 82 1343 ............. 8 1429, 1439,

1440, 1440e

1970

Apr. 7 91–225 ....... 1–3(b) ‘‘Sec. 214(d)(4th sentence)’’ ..... 84 116 ............... 8 1101, 1182,

1184

July 10 91–313 ....... ............................................................... 84 413 ............... 8 1183, 1363

Oct. 26 91–510 ....... 421, 422 ............................................... 84 1189 ............. 8 1106,

1106(note)

1971

May 14 92–14 ......... ............................................................... 85 38 ................. 22 214, 214(note)

1972

Oct. 27 92–584 ....... 2 ............................................................ 86 1289 ............. 8 1401b
365

•HR 1292 IH

Schedule of Laws Repealed—Continued

Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

Volume Page Title Section

1974

Sept. 17 93–417 ....... ............................................................... 88 1151 ............. 22 214

Oct. 20 93–461 ....... ............................................................... 88 1387 ............. 8 331–339

1975

Nov. 29 94–141 ....... 501(a) ................................................... 89 771 ............... 22 2601

Dec. 16 94–155 ....... ............................................................... 89 824 ............... 8 1101

1976

Apr. 21 94–274 ....... 118 ........................................................ 90 389 ............... 8 1151(note),

1151a(note)

Sept. 14 94–412 ....... 501(a) ................................................... 90 1258 ............. 8 1481

Oct. 12 94–484 ....... 601, 602(c), (d), 906 ............................ 90 2300, 2325 ... 8 1101,

1101(note),

1182,

1182(note)

Oct. 18 94–550 ....... 7 ............................................................ 90 2535 ............. 8 1357

Oct. 20 94–571 ....... 1–6, 7(a), (c)–(g), 9, 10 ....................... 90 2703, 2706,

2707.

8 1101,

1101(note),

1151–1153,

1153(note),

1181, 1182,

1251, 1254,

1255

1977

Aug. 1 95–83 ......... 307(q)(1), (2), (3) ‘‘Sec. 602(c), (d)’’ .. 91 394, 395 ....... 8 1101,

1101(note),

1182

Aug. 17 95–105 ....... 109(b) ................................................... 91 847 ............... 8 1101, 1104,

1104(note),

1105

Oct. 28 95–145 ....... 101–107 ................................................ 91 1223 ............. 8 1255(note)

1978

Sept. 17 95–370 ....... 401 ........................................................ 92 627 ............... 8 1182(note)

Oct. 5 95–412 ....... ............................................................... 92 907 ............... 8 1151,

1151(note),

1152, 1153,

1182(note)

95–417 ....... ............................................................... 92 917 ............... 8 1153, 1154,

1431–1434

Oct. 7 95–426 ....... 124, 126, 707 ....................................... 92 971, 992 ....... 8 1185

22 211a,

2691(note)

Oct. 10 95–431 ....... 605 ........................................................ 92 1045 ............. 8 1182(note)

95–432 ....... ............................................................... 92 1046 ............. 8 1401,

1401(note),

1481, 1482,

1484–1487

Oct. 30 95–549 ....... 101–105, 202 ........................................ 92 2065, 2066 ... 8 1182, 1251,

1253, 1254

Nov. 2 95–579 ....... 3 ............................................................ 92 2474 ............. 8 1423

95–582 ....... 2 ............................................................ 92 2479 ............. 8 1324

1979

Sept. 27 96–70 ......... 3201(b)–(d) .......................................... 93 497 ............... 8 1101,

1101(note),

1182(note)

Nov. 30 96–132 ....... 10, 22, 23 ............................................. 93 1047, 1050 ... 8 1151(note),

1551(note)

1980

Mar. 17 96–212 ....... 1, 201, 202, 203(a)–(h), (i)(related to

§ 101(a)(3) of Pub. L. 95–145), 204,

311, 312, 313(a)–(c)(1), (d).

94 102, 108,

110, 117.

8 1101,

1101(note),

1151–1153,

1153(note),

1157,

1157(note),

1158,

1158(note),

1159, 1181,

1182,

1182(note),

1253, 1254,

1255(note),

1521,

1521(note),

1522,

1522(note),

1523–1525

22 2601,

2601(note)
366

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Date Chapter or

Public Law Section

Statutes at Large U.S. Code

Volume Page Title Section

Oct. 10 96–422 ....... 1, 101–106, 201–203, 301–304, 401–

403, 501(a)–(c)(1), (d), (e).

94 1799, 1810 ... 8 1522(note)

96–424 ....... ............................................................... 94 1820 ............. 8 1522(note)

Oct. 17 96–465 ....... 2206(a)(10) .......................................... 94 2162 ............. 22 2605

Dec. 16 96–533 ....... 716 ........................................................ 94 3162 ............. 8 1552(note)

Dec. 17 96–538 ....... 404 ........................................................ 94 3192 ............. 8 1182

1981

Aug. 13 97–35 ......... 525, 526, 541–547, 1502 ..................... 95 450, 458, 750 8 1522(note),

1524(note)

20 239a

Dec. 29 97–113 ....... 714 ........................................................ 95 1548 ............. 8 1152(note)

97–116 ....... 1–3, 4(1), (3), 5–7, 9–15, 17–21 ......... 95 1611, 1612,

1616, 1619.

8 1101,

1101(note),

1105a, 1151,

1151(note),

1152, 1154,

1182,

1182(note),

1201, 1203,

1221, 1227,

1252–1255,

1255b, 1258,

1305, 1324,

1356, 1361,

1401a, 1409,

1427, 1431–

1433, 1439,

1440, 1445–

1448, 1452,

1481, 1483

18 1429

1982

Aug. 24 97–241 ....... 116, 117 ‘‘Sec. 33’’ .............................. 96 279 ............... 22 214, 217a,

217a(note),

2705

Sept. 30 97–271 ....... ............................................................... 96 1157 ............. 8 1255(note)

Oct. 22 97–359 ....... ............................................................... 96 1716 ............. 8 1154

Oct. 25 97–363 ....... ............................................................... 96 1734 ............. 8 1101(note),

1522,

1522(note),

1523, 1524

1983

Nov. 22 98–164 ....... 1011(a)(1), (b) ..................................... 97 1061 ............. 8 1522

22 2691(note)

1984

Oct. 5 98–454 ....... 602 ........................................................ 98 1737 ............. 8 1182, 1184

Oct. 12 98–473 ....... 101(d)(last par.), 220 ........................... 98 1877, 2027 ... 8 1182, 1252,

1522,

1522(note)

Oct. 30 Priv. L. 98–

47.

3 ............................................................ 98 3435 ............. 8 1101

Priv. L. 98–

53.

............................................................... 98 3437 ............. 8 1101(note)

1985

Aug. 16 99–93 ......... 111–113, 132 ........................................ 99 410, 420 ....... 8 1182(note)

22 2601, 2605,

2605(note),

2606

Dec. 4 99–169 ....... 601 ........................................................ 99 1007 ............. 8 1427

1986

Aug. 27 99–396 ....... 14(a), 15, 16 ......................................... 100 842 ............... 8 1182, 1408,

1408(note),

1452,

1452(note)

Oct. 18 99–500 ....... 101(b) [§§ 205(a) ‘‘Sec. 286(d)–(k)’’,

(b), 206(a)(related to § 232), (b)].

100 1783–53,

1783–56.

8 1222, 1223,

1356

Oct. 21 99–505 ....... ............................................................... 100 1806 ............. 8 1101,

1101(note)

Oct. 27 99–570 ....... 1751 ...................................................... 100 3207–47 ....... 8 1103(note),

1182,

1182(note),

1251, 1357
367

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Date Chapter or

Public Law Section

Statutes at Large U.S. Code

Volume Page Title Section

Nov. 6 99–603 ....... 1, 101(a), (c)–(f), 102, 111(b), (c),

112–114, 116, 117, 201(a), 202–

204, 301(a)–(e), (g), 302(a),

303(a)–(c), 304, 311–314, 315(a),

(b), (d), (e), 401–407, 501, 601,

701, 702.

100 3359, 3373,

3381,

3384,

3394,

3404,

3417,

3422,

3431,

3434, 3440.

8 1101,

1101(notes),

1152,

1152(note),

1153(note),

1160,

1160(note),

1161, 1184,

1186,

1186(note),

1187,

1187(note),

1251, 1252,

1254, 1255,

1255a,

1255a(notes),

1258, 1259,

1259(note),

1321, 1324,

1324a,

1324a(notes),

1324b,

1324b(note),

1357, 1364

42 405(note)

99–605 ....... ............................................................... 100 3449 ............. 8 1101(note),

1522,

1522(note),

1523, 1524

Nov. 10 99–639 ....... 1, 2(a), (b)(1), (c)–(f), 3–6 .................. 100 3537, 3541 ... 8 1101(note),

1154,

1154(note),

1182,

1182(note),

1184,

1184(note),

1186a, 1251,

1255, 1325

Nov. 14 99–653 ....... 1–16, 18–20 .......................................... 100 3655, 3658 ... 8 1101,

1101(note),

1152,

1153(note),

1182, 1201,

1201a, 1202,

1228, 1251,

1301, 1302,

1304, 1401,

1409, 1431–

1433, 1451,

1452, 1481,

1483

1987

July 11 100–71 ....... (par. under heading ‘‘General Provisions—Department of Justice’’).101 394 ............... 8 1356

Dec. 22 100–202 ..... 101(a) [§§ 211, 702, 901, 902], (e)

[§ 584], (m) [§ 622(b)].

101 1329–18,

1329–39,

1329–43,

1329–183,

1329–428.

8 1101(note),

1160,

1201(note),

1255a(note)

22 211a(note)

100–204 ..... 806(c), 902, 903 ................................... 101 1399, 1400 ... 8 1182,

1201(note),

1255a(note)

1988

Jan. 11 100–239 ..... 5(f)(3) ................................................... 101 1781 ............. 46 8704(note)

Sept. 22 100–440 ..... 617(b) ................................................... 102 1755 ............. 22 211a(note)

Sept. 28 100–449 ..... 307 ........................................................ 102 1876 ............. 8 1184

19 2112(note)

Oct. 1 100–459 ..... 209, 210 ............................................... 102 2203 ............. 8 1101,

1101(note),

1356, 1455

100–461 ..... (9th proviso in par. under heading

‘‘Migration and Refugee Assistance’’), 555(1st proviso on p. 2268–

37).

102 2268–15,

2268–37.

8 1101(note),

1182(note)
368

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Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

Volume Page Title Section

Oct. 24 100–525 ..... 1, 2(a)(1), (b), (d)–(f)(1), (h)(1), (i)–

(l)(3), (4)(related to § 301(d), (e)),

(5), (m)–(s), 3(1)(related to § 14(a)),

(2), 4–8(o ), 9(a)–(ff), (hh)–(kk).

102 2609, 2610,

2611,

2612,

2614,

2619, 2622.

8 1101,

1101(notes),

1102–1104,

1105a, 1152,

1153(note),

1154, 1157,

1160, 1161,

1182,

1182(notes),

1184, 1186,

1186a, 1187,

1188,

1188(note),

1201, 1201a,

1202, 1222–

1224, 1227,

1227(note),

1251, 1252,

1254,

1254(note),

1255, 1255a,

1255a(note),

1255b, 1259,

1301, 1302,

1304, 1305,

1324, 1324a,

1324b, 1353,

1356,

1356(note),

1357, 1360,

1408, 1409,

1421, 1422,

1424, 1426,

1431–1433,

1435, 1440,

1441, 1446,

1447, 1451,

1452, 1454,

1455, 1481,

1483, 1489,

1522,

1522(note),

1523, 1524

Nov. 15 100–658 ..... ............................................................... 102 3908 ............. 8 1101(note),

1153(note)

Nov. 18 100–690 ..... 7341–7350 ............................................ 102 4469 ............. 8 1101,

1103(note),

1105a, 1182,

1182(note),

1251,

1251(note),

1252,

1252(note),

1252a,

1252a(note),

1254, 1326,

1326(note),

1327,

1327(note)

1989

Nov. 21 101–162 ..... (2d, 3d provisos on p. 1000), 611 ........ 103 1000, 1038 ... 8 1101,

1101(note),

1255a(note),

1356

101–166 ..... (par. under heading ‘‘Interim Assist- ance to States for Legalization’’).103 1174 ............. 8 1255a(note)

101–167 ..... (4th, 8th, 9th provisos on p. 1211) ...... 103 1211 ............. 8 1101(note)

Nov. 29 101–189 ..... 937 ........................................................ 103 1538 ............. 8 1101(note)

Dec. 18 101–238 ..... 1, 3, 4, 6 ............................................... 103 2099, 2100,

2104.

8 1101,

1101(note),

1160,

1182(note),

1255a(note)

1990

Feb. 16 101–246 ..... 131, 407, 701 ....................................... 104 31, 67, 74 .... 8 1101,

1102(note),

1182

22 2606

Mar. 6 101–249 ..... ............................................................... 104 94 ................. 8 1101(note),

1440–1
369

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Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

Volume Page Title Section

May 25 101–302 ..... (par. under heading ‘‘Technical Correction’’).104 228 ............... 8 1101(note)

Nov. 5 101–513 ..... (2d–4th provisos on p. 1996) ............... 104 1996 ............. 8 1101(note)

101–515 ..... 210(a), (b), (d) ..................................... 104 2120, 2121 ... 8 1356,

1356(note)

101–517 ..... (pars. under heading ‘‘Interim Assist- ance to States for Legalization’’).104 2206 ............. 8 1255a(note)

101–604 ..... 203(d) ................................................... 104 3083 ............. 22 214(note)

Nov. 29 101–649 ..... 1, 101–104, 111, 112, 121–124, 131,

133, 134, 142, 151, 153, 155, 161,

162(a)–(e)(3), (6), (f)(2), (3), 201–

209, 221–223, 231, 302(a), (b), 303,

401–407, 501–506, 508–511, 513–

515, 521, 531–539, 541–545,

601(a), (b), (d), (e), 602(a), (b), (d),

603(a)(1)–(21), (24), (b)(1)–(4),

701–705.

104 4978, 5000,

5004,

5005,

5007,

5011,

5012,

5030,

5036,

5048,

5051,

5052,

5075,

5082,

5084, 5085.

8 1101,

1101(notes),

1102, 1103,

1105a,

1105a(notes),

1151,

1151(note),

1152,

1152(note),

1153,

1153(notes),

1154,

1154(note),

1157, 1158,

1158(note),

1159,

1159(notes),

1160,

1160(note),

1161,

1161(note),

1181, 1182,

1182(notes),

1183, 1184,

1184(notes),

1186a,

1186a(note),

1186b, 1187,

1187(note),

1201, 1221,

1221(note),

1224–1227,

1229, 1251,

1251(notes),

1252,

1252(notes),

1252a,

1252a(note),

1252b,

1252b(note),

1253–1254a,

1254a(note),

1255,

1255(note),

1255a, 1259,

1281, 1282,

1284–1288,

1288(note),

1304, 1321–

1323, 1324a,

1324a(notes),

1324b,

1324b(notes),

1324c, 1325–

1328, 1330,

1330(note),

1357, 1421,

1423, 1424,

1426–1430,

1433, 1435–

1440,

1440(note),

1441–1451,

1455, 1459,

18 1429

22 2691

1991

July 2 102–65 ....... ............................................................... 105 322 ............... 8 1254a(note)

Oct. 1 102–110 ..... ............................................................... 105 555 ............... 8 1101,

1101(notes),

1153, 1255

Oct. 28 102–138 ..... 128 ........................................................ 105 660 ............... 8 1182(note)

102–140 ..... (3d par. under heading ‘‘Legal Activi- ties’’), 610.105 785, 832 ....... 8 1101(note),

1255a
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Date Chapter or

Public Law Section

Statutes at Large U.S. Code

Volume Page Title Section

Nov. 26 102–170 ..... (pars. under heading ‘‘Interim Assist- ance to States for Legalization’’).105 1124 ............. 8 1255a(note)

Dec. 12 102–232 ..... 1, 101, 102, 201–208, 302(a), (b)(1)–

(5), (7), (d)(2), (3), (5), (e)(1)–(9),

303(a)(1)–(12), (14), (b)(3), (4),

304(b), (c)(related to aliens described in par. (2)(B)), 305(a)–(m),

306(a)(1)–(5), (7)–(13), (b), (c),

307(a)–(l)(8), (m), 308–310.

105 1733, 1742,

1744,

1745,

1746,

1748,

1749,

1751, 1757.

8 1101,

1101(notes),

1102, 1105a,

1105a(note),

1151,

1151(note),

1152, 1153,

1153(notes),

1154, 1157,

1157(note),

1158(note),

1159, 1160,

1160(note),

1161, 1182,

1182(note),

1184,

1184(note),

1186a, 1186b,

1187, 1188,

1201, 1221,

1226, 1227,

1229, 1251,

1251(notes),

1252,

1252(note),

1252a, 1252b,

1254, 1254a,

1254a(note),

1255,

1255(note),

1255a, 1281,

1282, 1284,

1288, 1322,

1323, 1324a–

1324c, 1325,

1356,

1356(note),

1357, 1421,

1421(note),

1423, 1424,

1433, 1439,

1440, 1441,

1443, 1445–

1452, 1455

1992

Oct. 6 102–394 ..... (pars. under heading ‘‘Interim Assist- ance to States for Legalization’’).106 1808 ............. 8 1255a(note)

102–395 ..... 112, 610 ............................................... 106 1843, 1874 ... 8 1153(note),

1356

Oct. 9 102–404 ..... ............................................................... 106 1969 ............. 8 1255(note)

Oct. 23 102–484 ..... 1079 ...................................................... 106 2514 ............. 8 1224(note)

1993

June 8 103–37 ....... ............................................................... 107 107 ............... 8 1524

June 10 103–43 ....... 2007 ...................................................... 107 210 ............... 8 1182,

1182(note)

Oct. 27 103–121 ..... (words on p. 1161 before heading ‘‘Im- migration Emergency Fund’’).107 1161 ............. 8 1356,

1356(note)

Dec. 8 103–182 ..... 341, 342 ............................................... 107 2116 ............. 8 1184

19 3401

Dec. 20 103–206 ..... 323 ........................................................ 107 2428 ............. 8 1288

1994

Apr. 30 103–236 ..... 127(a), 140(a)–(c), 162(h), (m), (n),

164(b), 430, 501.

108 394, 399,

407, 409,

411, 459,

460.

8 1101, 1104,

1105,

1182(note),

1351(note),

1521–1523,

1525

Aug. 26 103–317 ..... 111, (1st, 2d provisos in 1st par. under

heading ‘‘Diplomatic and Consular

Programs’’), 506, (1st proviso under

heading ‘‘State Criminal Alien Assistance Program’’).

108 1736, 1760,

1765, 1778.

8 1182,

1182(note),

1255,

1255(note),

1356(notes)

22 214(note)
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Date Chapter or

Public Law Section

Statutes at Large U.S. Code

Volume Page Title Section

Sept. 13 103–322 ..... 20301, 40701–40703, 60024, 130001–

130005, 130008.

108 1832, 1953,

1981,

2023, 2029.

8 1101, 1105a,

1105a(note),

1151,

1151(note),

1154, 1158,

1158(note),

1182, 1184,

1186a,

1186a(note),

1251, 1252,

1252(notes),

1252a, 1254,

1255, 1258,

1324, 1326

Sept. 30 103–333 ..... (3d, last provisos in last par. under

heading ‘‘State Legalization ImpactAssistance Grants’’).

108 2558 ............. 8 1255a

Oct. 5 103–337 ..... 3605 ...................................................... 108 3113 ............. 8 1101

103–382 ..... 101 ‘‘Secs. 7301–7309’’, 391(a),

394(g).

108 3739, 4021,

4028.

8 1255a,

1522(notes)

20 7541–7549

Oct. 25 103–415 ..... 1(b), (d), (m), (bb), (ee), (ff) ............... 108 4299, 4301,

4302, 4303.

8 1182(note),

1187,

1351(note)

22 211a, 2605

103–416 ..... 1, 2, 101–108(c), 201–205, 206(b)–

216, 218, 219(a)–(x), (z), (aa), (cc)–

(gg), 220, 222–225.

108 4305, 4310,

4312,

4315,

4316,

4318,

4319, 4320.

8 1101,

1101(note),

1105a, 1151,

1153, 1154,

1160, 1161,

1182,

1182(note),

1184,

1184(note),

1185,

1185(note),

1187, 1188,

1202,

1202(note),

1251, 1252,

1252(note),

1252a, 1252b,

1254a, 1255,

1255a,

1255a(note),

1255b, 1256,

1256(note),

1288,

1288(note),

1302, 1322,

1323,

1323(note),

1324a, 1324b,

1324c, 1330,

1356,

1356(note),

1401,

1401(note),

1421, 1423,

1424,

1424(note),

1433,

1433(note),

1435,

1435(note),

1440(note),

1444, 1449,

1449(note),

1451, 1452,

1483, 1501,

1504, 1522,

1524

Nov. 2 103–447 ..... 107 ........................................................ 108 4695 ............. 8 1182(note)

Revised Statutes

Revised Statutes Section

United States Code

Title Section

1995 .......................................................................................... 8 2
372

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Revised Statutes—Continued

Revised Statutes Section

United States Code

Title Section

1999 .......................................................................................... 8 15

2032, 2033 ................................................................................ 8 61, 62

2037 .......................................................................................... 8 65

2169 .......................................................................................... 8 359

4076, 4077 ................................................................................ 22 212, 218

United States Code

Title Section

18 ........................................................... 1429

18 ........................................................... item 1429 in analysis of ch. 69

Reorganization Plans

Year Plan

No. Section

Statutes at Large

Volume Page

1940 .......... 5 ............................................................................................................ 54 1238

1977 .......... 2 7(a)(8) ............................................................................................... 91 1637

Executive Orders

Date Order

No. Section

1933

June 10 .. 6166 14

1 (c) ACT OF FEBRUARY 14, 1917.—The Act of February 14, 1917 (ch.

2 64, 39 Stat. 919), is repealed. An action taken or offense committed under

3 that Act is deemed to have been taken or committed under section 871 of

4 title 18, United States Code.

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