I

103D CONGRESS

2D SESSION H. R. 3809

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

FEBRUARY 8, 1994

Mr. BROOKS 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

IV. REFUGEE AND IMMIGRANT PROGRAMS ............................................... 13101

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

8 SUBTITLE I—GENERAL

CHAPTER Sec.

1. DEFINITIONS ................................................................................................ 101
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3. ORGANIZATION AND ADMINISTRATION ............................................... 301

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

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

1 CHAPTER 1—DEFINITIONS

Sec.

101. Adjacent islands.

102. Advocates.

103. Advocating a doctrine.

104. Affiliating with an organization.

105. Agency.

106. Aggravated felony.

107. Alien.

108. Application for admission.

109. Border crossing identification card.

110. Child.

111. Consular officer.

112. Crewmember.

113. Doctrine.

114. Entry.

115. Executive agency.

116. Executive capacity.

117. Foreign country.

118. Good moral character.

119. Graduate of a medical school.

120. Immediate relative.

121. Immigrant.

122. Immigration laws.

123. Immigration officer.

124. Ineligible for citizenship.

125. International organization.

126. Lawfully admitted for permanent residence.

127. Managerial capacity.

128. National.

129. National of the United States.

130. Naturalization.

131. Nonimmigrant.

132. Organization.

133. Parent, father, and mother.

134. Passport.

135. Refugee.

136. Residence.

137. Special immigrant.

138. Special inquiry officer.

139. Spouse, wife, and husband.

140. State.

141. Totalitarian dictatorship.

142. Totalitarian party.

143. United States.

144. Unmarried.

2 § 101. Adjacent islands

3 In this title, ‘‘adjacent islands’’ includes the Bahamas, Barbados, Ber4 muda, Cuba, the Dominican Republic, Haiti, Jamaica, Martinique,

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

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

7 on the Caribbean Sea.

8 § 102. Advocates

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

10 act, and admits belief in.
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1 § 103. Advocating a doctrine

2 In this title, ‘‘advocating a doctrine’’ includes giving, lending, or promis3 ing support, money, or other value to be used for advocating a doctrine.

4 § 104. Affiliating with an organization

5 In this title, ‘‘affiliating with an organization’’ is presumed from giving,

6 lending, or promising support, money, or other value to an organization for

7 any purpose.

8 § 105. Agency

9 In this title, ‘‘agency’’ means a department, agency, or instrumentality

10 of the United States Government.

11 § 106. Aggravated felony

12 (a) GENERAL.—In this title, ‘‘aggravated felony’’ means any of the fol13 lowing, or an attempt or conspiracy to commit any of the following:

14 (1) murder.

15 (2) illicit trafficking in a controlled substance (as defined by section

16 102 of the Comprehensive Drug Abuse Prevention and Control Act of

17 1970 (21 U.S.C. 802)), including a drug trafficking crime (as defined

18 by section 924(c)(2) of title 18).

19 (3) illicit trafficking in a firearm or destructive device (as defined by

20 section 921(a) of title 18).

21 (4) an offense described by section 1956 of title 18.

22 (5) a crime of violence (as defined by section 16 of title 18, except

23 a purely political offense) for which the term of imprisonment imposed

24 (regardless of any suspension) is at least 5 years.

25 (b) APPLICABLE LAW.—Subsection (a) of this section applies to an of26 fense under a law of—

27 (1) a State or the United States; or

28 (2) a foreign country if the term of imprisonment for the offense was

29 completed within the prior 15 years.

30 § 107. Alien

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

32 United States.

33 § 108. Application for admission

34 In this title, ‘‘application for admission’’ means an application for admis35 sion to the United States and not an application for a visa.

36 § 109. Border crossing identification card

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

38 identity—

39 (1) having the designation ‘‘border crossing identification card’’;
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1 (2) granted by a consular officer or an immigration officer to an

2 alien lawfully admitted for permanent residence or an alien residing in

3 foreign territory contiguous to the United States; and

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

5 States and foreign territory contiguous to the United States.

6 § 110. Child

7 (a) SUBTITLES I–III.—In subtitles I–III of this title, ‘‘child’’ means an

8 unmarried individual under 21 years of age who—

9 (1) is a legitimate child;

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

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

12 occurred;

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

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

15 years of age and in the legal custody of the legitimating parent or par16 ents;

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

18 individual’s—

19 (A) natural mother; or

20 (B) natural father if the father has or had a parent-child rela21 tionship with the child;

22 (5) was adopted under 16 years of age if the child has been in the

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

24 at least 2 years; or

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

26 the child as an immediate relative;

27 (B) is an orphan because both parents have died, disappeared, de28 serted the child, or been separated from the child, or has only one par29 ent and the parent is unable to provide the proper care and irrevocably

30 in writing has released the child for emigration and adoption, except

31 that in this clause the term ‘‘parent’’ does not include the natural fa32 ther if—

33 (i) the child is illegitimate as described by clause (4) of this sub34 section and has not been legitimated as described by clause (3) of

35 this subsection; and

36 (ii) the father has disappeared or deserted the child or irrev37 ocably in writing has released the child for emigration and adop38 tion;

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

40 United States and the citizen’s spouse, or by an unmarried citizen of
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1 the United States at least 25 years of age, who observed the child be2 fore or during the adoption proceedings; or

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

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

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

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

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

8 General if admitted to the United States.

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

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

11 (1) is a legitimate child;

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

13 or domicile (even if outside the United States) if the legitimation oc14 curred when the child was under 16 years of age and in the legal cus15 tody of the legitimating parent or parents; or

16 (3) except as provided by sections 20305–20307 of this title, was

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

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

19 parent or parents.

20 § 111. Consular officer

21 In this title, ‘‘consular officer’’ means an officer or employee of the Unit22 ed States Government designated under regulations to grant visas.

23 § 112. Crewmember

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

25 on a vessel or aircraft.

26 § 113. Doctrine

27 In this title, ‘‘doctrine’’ includes a policy, practice, purpose, aim, or proce28 dure.

29 § 114. Entry

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

31 from a foreign port or place or from American Samoa and includes a com32 ing into the United States involuntarily. However, an alien having a lawful

33 permanent residence in the United States is deemed not to be making an

34 entry under the immigration laws if the alien—

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

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

37 Samoa or that the alien’s departure was involuntary; and

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

39 process.
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1 § 115. Executive agency

2 In this title, ‘‘executive agency’’ means a department, agency, or instru3 mentality in the executive branch of the United States Government.

4 § 116. Executive capacity

5 (a) GENERAL.—In this title, ‘‘executive capacity’’ means an assignment

6 of an individual employed in an organization in which the individual pri7 marily—

8 (1) directs the management of the organization or a major compo9 nent or function of the organization;

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

11 or function;

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

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

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

15 (b) STAFFING LEVELS AS FACTOR.—If staffing levels are used as a fac16 tor in deciding whether an individual is acting in an executive capacity, the

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

18 component, or function in light of the overall purpose and stage of develop19 ment of the organization, component, or function. An individual is not act20 ing in an executive capacity only because of the number of employees the

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

22 § 117. Foreign country

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

24 a foreign country, but a self-governing dominion or a territory under trust25 eeship is deemed to be a separate foreign country.

26 § 118. Good moral character

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

28 moral character:

29 (1) an individual who, during the period for which good moral char30 acter is required—

31 (A) was a habitual drunkard;

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

33 described by—

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

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

36 6307(a)(3) is related to a single offense of simple possession

37 of not more than 30 grams of marijuana), if the individual

38 admits committing or was convicted of committing the offense

39 and committed the offense during the period for which good

40 moral character is required;
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1 (C) derived income principally from unlawful gambling activi2 ties;

3 (D) committed at least 2 gambling offenses for which the indi4 vidual has been convicted;

5 (E) gave false testimony to obtain a benefit under this title (ex6 cept subchapter I of chapter 5, subchapters III and IV of chapter

7 131, and chapters 133–137); or

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

9 for conviction of an offense or offenses, even if the offense or of10 fenses were not committed during the period for which good moral

11 character is required.

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

13 of another aggravated felony, regardless of whether the offense or con14 viction was during the period for which good moral character is re15 quired.

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

17 character.

18 § 119. Graduate of a medical school

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

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

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

22 field of medicine.

23 § 120. Immediate relative

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

25 (1) a child of a citizen of the United States;

26 (2) a spouse of a citizen of the United States, except that if the citi27 zen has died, the spouse remains an immediate relative after the death

28 only if the spouse—

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

30 date of death;

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

32 death;

33 (C) files a petition under section 4301(a)(1) of this title not

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

35 (D) has not remarried; and

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

37 21 years of age.

38 § 121. Immigrant

39 In this title, ‘‘immigrant’’ means any alien except a nonimmigrant.
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1 § 122. Immigration laws

2 In this title, ‘‘immigration laws’’ includes this title and all laws, conven3 tions, and treaties of the United States related to the immigration, exclu4 sion, deportation, or expulsion of aliens.

5 § 123. Immigration officer

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

7 United States Government designated by the Attorney General, individually

8 or by regulation, to carry out the duties and powers of an immigration offi9 cer under this title.

10 § 124. Ineligible for citizenship

11 In this title, ‘‘ineligible for citizenship’’ means permanently debarred at

12 any time under this title or another law from becoming a citizen of the

13 United States.

14 § 125. International organization

15 In this title, ‘‘international organization’’ means an international organi16 zation as defined by section 1 of the International Organizations Immunities

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

18 § 126. Lawfully admitted for permanent residence

19 In this title, ‘‘lawfully admitted for permanent residence’’ means the sta20 tus of lawfully having been given the privilege of residing permanently in

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

22 not having changed.

23 § 127. Managerial capacity

24 (a) GENERAL.—In this title, ‘‘managerial capacity’’ means an assignment

25 of an individual employed in an organization in which the individual pri26 marily—

27 (1) manages the organization or a department, subdivision, compo28 nent, or function of the organization;

29 (2) supervises and controls the work of other supervisory, profes30 sional, or managerial employees, or manages an essential function in

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

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

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

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

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

36 and

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

38 function for which the individual has authority.

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

40 managerial capacity only because of the supervisor’s supervisory duties un41 less the employees supervised are professional.
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1 (c) STAFFING LEVELS AS FACTOR.—If staffing levels are used as a factor

2 in deciding whether an individual is acting in a managerial capacity, the At3 torney General shall consider the reasonable needs of the organization, com4 ponent, or function in light of the overall purpose and stage of development

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

6 a managerial capacity only because of the number of employees the individ7 ual supervises, directs, or has supervised or directed.

8 § 128. National

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

10 to a country.

11 § 129. National of the United States

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

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

14 (2) an individual, not a citizen of the United States, owing perma15 nent allegiance to the United States.

16 § 130. Naturalization

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

18 country on an individual after birth by any means.

19 § 131. Nonimmigrant

20 In this title, ‘‘nonimmigrant’’ means an alien classified as a non21 immigrant under subchapter I of chapter 23 of this title.

22 § 132. Organization

23 In this title, ‘‘organization’’ includes a corporation, partnership, associa24 tion, trust, foundation, fund, or group of persons associated together with

25 joint action on any subject.

26 § 133. Parent, father, and mother

27 (a) SUBTITLES I–III.—In subtitles I–III of this title, ‘‘parent’’, ‘‘father’’,

28 and ‘‘mother’’ mean a parent, father, and mother of a child, but do not in29 clude—

30 (1) the natural parent of a child as defined by section 110(a)(5) of

31 this title; or

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

33 by section 110(a)(6) of this title.

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

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

36 child.

37 § 134. Passport

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

39 (1) granted by competent authority;

40 (2) showing the bearer’s origin, identity, and nationality; and

41 (3) valid for the entry of the bearer into a foreign country.
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1 § 135. Refugee

2 In this title (except chapters 133 and 135), ‘‘refugee’’—

3 (1) means an individual who—

4 (A)(i) is outside the country of the individual’s nationality or,

5 if the individual has no nationality, is outside the country in which

6 the individual last habitually resided; and

7 (ii) is unable or unwilling to return to, and make use of the pro8 tection of, that country because of persecution or a well-founded

9 fear of persecution because of race, religion, nationality, member10 ship in a particular social group, or political opinion; or

11 (B) in circumstances the President after appropriate consulta12 tion (as defined by section 5101(a) of this title) specifies—

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

14 individual has no nationality, is in the country in which the

15 individual is habitually residing; and

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

17 because of race, religion, nationality, membership in a par18 ticular social group, or political opinion; but

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

20 otherwise participated in the persecution of an individual because of

21 race, religion, nationality, membership in a particular social group, or

22 political opinion.

23 § 136. Residence

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

25 individual without regard to the individual’s intent.

26 § 137. Special immigrant

27 (a) GENERAL.—In this title, ‘‘special immigrant’’ means each of the fol28 lowing immigrants:

29 (1) an immigrant lawfully admitted for permanent residence return30 ing from a temporary visit outside the United States (including a pe31 riod of employment by the American University of Beirut).

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

33 be naturalized under section 20315 or 20317(a) of this title.

34 (3)(A) an immigrant who—

35 (i) for at least 2 years immediately before applying for admis36 sion has been a member of a religious denomination having a non37 profit, religious organization in the United States;

38 (ii) is coming to the United States—

39 (I) only to serve as a minister of that religious denomina40 tion;
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1 (II) before October 1, 1994, to work for the organization,

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

3 in a religious vocation or occupation; or

4 (III) before October 1, 1994, to work for the organization

5 or for an organization affiliated with the religious denomina6 tion and exempt from taxation as an organization described

7 by section 501(c)(3) of the Internal Revenue Code of 1986

8 (26 U.S.C. 501(c)(3)), at the request of the organization, in

9 a religious vocation or occupation; and

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

11 by subclause (ii) of this clause continuously for at least the 2-year

12 period described by subclause (i) of this clause; and

13 (B) the immigrant’s spouse and children if accompanying or follow14 ing to join the immigrant.

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

16 former employee of the United States Government outside the United

17 States who has performed faithful service for at least 15 years, if the

18 principal officer of a Foreign Service establishment of the United

19 States recommends that the immigrant be granted special immigrant

20 status because of exceptional circumstances and the Secretary of State

21 approves the recommendation after finding that it is in the interest of

22 the United States to grant the status; and

23 (B) the immigrant’s spouse and children if accompanying the immi24 grant.

25 (5)(A) an immigrant who—

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

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

28 Canal Zone Government before October 1, 1979; and

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

30 one year; and

31 (B) the immigrant’s spouse and children if accompanying the immi32 grant.

33 (6)(A) an immigrant who—

34 (i) is a national of Panama;

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

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

37 years before October 1, 1979; and

38 (iii) honorably retired from that employment at any time; and

39 (B) the immigrant’s spouse and children if accompanying the immi40 grant.

41 (7)(A) an immigrant—
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1 (i) who was an employee of the Panama Canal Company or the

2 Canal Zone Government on April 1, 1979;

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

4 least 5 years; and

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

6 safety, is placed in reasonable danger directly because of the Pan7 ama Canal Treaty of 1977 and the special nature of the immi8 grant’s employment; and

9 (B) the immigrant’s spouse and children if accompanying the immi10 grant.

11 (8)(A) an immigrant who—

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

13 practice medicine in a foreign country;

14 (ii) was completely and permanently licensed to practice medi15 cine in a State on January 9, 1978, and was practicing medicine

16 in a State on that date;

17 (iii) entered the United States as a nonimmigrant under any of

18 sections 2312–2316 or 2325 of this title before January 10, 1978;

19 and

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

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

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

24 (9) an immigrant who—

25 (A) is the unmarried son or daughter of a present or former of26 ficer or employee of an international organization;

27 (B) while classified as a nonimmigrant under section 2302(5)

28 or 2324 of this title, has resided and been physically present in

29 the United States for—

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

31 date of application for a visa or for a change of status to spe32 cial immigrant status under this clause (9); and

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

34 and 21; and

35 (C) applies for a visa or change of status to special immigrant

36 status under this clause (9) not later than the immigrant’s 25th

37 birthday or April 24, 1989, whichever is later.

38 (10) an immigrant who—

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

40 an international organization;
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1 (B) while classified as a nonimmigrant under section 2302(5)

2 or 2324 of this title, has resided and been physically present in

3 the United States for—

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

5 date of application for a visa or for a change of status to spe6 cial immigrant status under this clause (10); and

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

8 death of the officer or employee; and

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

10 clause (10) not later than 6 months after the date of death of the

11 officer or employee or April 24, 1989, whichever is later.

12 (11)(A) an immigrant who—

13 (i) is a retired officer or employee of an international organiza14 tion;

15 (ii) while classified as a nonimmigrant under section 2302(5) of

16 this title, has resided and been physically present in the United

17 States for periods totaling at least half of the 7 years before the

18 date of application for a visa or for a change of status to special

19 immigrant status under this clause (11), and for periods totaling

20 at least 15 years before the date of the officer’s or employee’s re21 tirement from the international organization; and

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

23 clause (11) not later than 6 months after the date of retirement

24 or April 24, 1989, whichever is later, but before January 1, 1993;

25 and

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

27 immigrant as a member of the immediate family.

28 (12) an immigrant—

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

30 the United States and found eligible by that court for long-term

31 foster care; and

32 (B) for whom it has been decided in an administrative or judi33 cial proceeding that it would not be in the alien’s best interest to

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

35 nationality or country of last habitual residence.

36 (13)(A) an immigrant who—

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

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

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

40 armed forces of the United States for—
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1 (I) 12 years and, if separated from the service, was sepa2 rated only under honorable conditions; or

3 (II) 6 years if the immigrant is on active duty when seek4 ing special immigrant status under this clause (13) and has

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

6 12 years; and

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

8 under which the immigrant has served to receive special immigrant

9 status under this clause (13); and

10 (B) the immigrant’s spouse and children if accompanying or follow11 ing to join the immigrant.

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

13 who is a present or former officer or employee of an international organiza14 tion, or is the surviving spouse, unmarried son, or unmarried daughter of

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

16 (11) of this section to be residing and physically present in the United

17 States during a period in which the alien is residing in, but absent from,

18 the United States if—

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

20 conduct official business for the organization or because of customary

21 leave; and

22 (2) during the absence—

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

24 the United States; and

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

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

27 (c) RIGHTS, PRIVILEGES, OR STATUS NOT ACQUIRED BY PARENTS OF

28 CERTAIN SPECIAL IMMIGRANTS.—A natural parent or prior adoptive parent

29 of a special immigrant as defined by subsection (a)(12) of this section may

30 not be given a right, privilege, or status under this title (except subchapter

31 I of chapter 5, subchapters III and IV of chapter 131, and chapters 133–

32 137) because of the relationship.

33 § 138. Special inquiry officer

34 In this title, ‘‘special inquiry officer’’ means an immigration officer des35 ignated by the Attorney General, individually or by regulation, to carry out

36 the duties and powers of a special inquiry officer.

37 § 139. Spouse, wife, and husband

38 In this title, ‘‘spouse’’, ‘‘wife’’, and ‘‘husband’’ include a spouse, wife, and

39 husband by a marriage ceremony during which both parties were not phys40 ically present only if the parties consummated the marriage.
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1 § 140. State

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

3 IV of chapter 131, chapters 133–137, and section 13902), ‘‘State’’ means

4 a State of the United States, the District of Columbia, Puerto Rico, Guam,

5 and the Virgin Islands.

6 § 141. Totalitarian dictatorship

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

8 that is not representative and is characterized by—

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

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

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

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

13 § 142. Totalitarian party

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

15 establishment of a totalitarian dictatorship in the United States.

16 § 143. United States

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

18 IV of chapter 131, chapters 133–137, and section 13902), ‘‘United States’’

19 means the States of the United States, the District of Columbia, Puerto

20 Rico, Guam, and the Virgin Islands.

21 § 144. Unmarried

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

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

24 even if previously married.

25 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.
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SUBCHAPTER II—DEPARTMENT OF STATE

331. General authority of the Secretary of State.

332. Bureau of Consular Affairs.

333. Sharing information about foreign traffickers in controlled substances.

SUBCHAPTER III—MISCELLANEOUS

341. Liaison with internal security officers.

342. Confidentiality of records and proof of nonexistence.

343. Disposition of receipts.

344. Triennial immigration-impact report.

345. Setting immigration adjudication and naturalization fees.

1 SUBCHAPTER I—DEPARTMENT OF JUSTICE

2 § 301. General authority of the Attorney General

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

4 Attorney General shall carry out this title and other laws related to the im5 migration and naturalization of aliens.

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

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

8 (b) CONTROL OF BORDERS.—The Attorney General shall control the bor9 ders of the United States against the unlawful entry of aliens.

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

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

12 or authorize an officer or employee of the agency to carry out a duty or

13 power of an officer or employee of the Immigration and Naturalization Serv14 ice.

15 (d) ESTABLISHMENT OF OFFICES IN FOREIGN COUNTRIES.—The Attor16 ney General—

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

18 office of the Service in a foreign country; and

19 (2) after consulting with the Secretary, may detail an officer or em20 ployee of the Service for duty in a foreign country when the Attorney

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

22 (e) PLACES OF DETENTION.—The Attorney General shall arrange for ap23 propriate places of detention for aliens detained pending deportation or a

24 decision on deportation. When United States Government facilities are un25 available or facilities adapted or suitably located for detention are unavail26 able for rental, the Attorney General may expend from the appropriation

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

28 regard to section 3709 of the Revised Statutes (41 U.S.C. 5) or section 322

29 of the Act of June 30, 1932 (40 U.S.C. 278a), amounts necessary to ac30 quire land and to acquire, build, remodel, repair, and operate facilities (in31 cluding living quarters for immigration officers if not otherwise available)

32 necessary for detention.
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1 § 302. Immigration and Naturalization Service

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

3 service in the Department of Justice.

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

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

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

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

8 States.

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

10 shall—

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

12 and

13 (2) maintain direct and continuous liaison with the Assistant Sec14 retary of State for Consular Affairs to carry out the immigration and

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

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

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

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

19 and powers.

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

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

22 the following:

23 (1) the costs of hiring privately owned horses for use on official busi24 ness, under contract with officers or employees of the Service.

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

26 the United States.

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

28 charge to the aliens.

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

30 to aliens for work performed when held in custody under the immigra31 tion laws.

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

33 General for unforeseen emergencies of a confidential character.

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

35 General shall make a certificate for any amount of expenditures under sub36 section (e)(5) of this section that the Attorney General considers advisable

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

38 was expended.
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1 § 303. Oaths and testimony

2 (a) GENERAL.—In carrying out this title, the Attorney General, immigra3 tion officers, and other officers and employees of the Immigration and Nat4 uralization Service designated by the Attorney General, may—

5 (1) administer oaths;

6 (2) take evidence; and

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

8 (b) ENFORCEMENT OF SUBPENAS.—If a witness disobeys a subpena is9 sued under subsection (a) of this section, the Attorney General, immigration

10 officer, or designated officer or employee of the Service may bring a civil

11 action to enforce the subpena in the district court of the United States for

12 the judicial district in which the proceeding is being conducted, or, if the

13 subpena is related to an application for naturalization, in any district court

14 of the United States. The court may issue an order to obey the subpena

15 and punish a refusal to obey as a contempt of court.

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

17 the Attorney General may take a deposition without charge on a matter re18 lated to carrying out a naturalization or citizenship law. In a case involving

19 a likelihood of hardship or unusual delay, the Attorney General may author20 ize the deposition to be taken before a postmaster without charge or before

21 an individual authorized to administer oaths for general purposes.

22 § 304. Enforcement authority

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

24 Under regulations prescribed by the Attorney General, an officer or em25 ployee of the Immigration and Naturalization Service may—

26 (1) carry a firearm; and

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

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

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

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

31 without a warrant—

32 (1) interrogate an individual believed to be an alien about the indi33 vidual’s right to be or remain in the United States;

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

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

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

37 for excluding the individual from the United States;

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

39 distance from a United States border, or board a vessel within the ter40 ritorial waters of the United States, to search for aliens;
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1 (4) within 25 miles from a United States border, have access to pri2 vate land (but not a dwelling) to patrol the border to prevent the un3 lawful entry of aliens;

4 (5) arrest an alien who, in the presence or view of the officer or em5 ployee, is trying to enter the United States unlawfully, or arrest an

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

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

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

9 shall be taken without unnecessary delay before an immigration officer

10 for inspection about the alien’s right to enter or remain in the United

11 States;

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

13 (A) the officer or employee is performing duties related to en14 forcement of the immigration laws at the time of the arrest;

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

16 employee; and

17 (C) the person is likely to escape before a warrant for the per18 son’s arrest can be obtained;

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

20 law of the United States regulating the admission, exclusion, or depor21 tation of aliens if—

22 (A) the officer or employee has reason to believe the person has

23 committed the felony; and

24 (B) the person is likely to escape before a warrant for the per25 son’s arrest can be obtained; and

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

27 if—

28 (A) the officer or employee is performing duties related to en29 forcement of the immigration laws at the time of the arrest;

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

31 committing or has committed the felony;

32 (C) the person is likely to escape before a warrant for the per33 son’s arrest can be obtained; and

34 (D) the officer or employee has received certification of comple35 tion of a training program as required under subsection (d) of this

36 section.

37 (c) RESTRICTION ON WARRANTLESS ENTRY OF OUTDOOR AGRICUL38 TURAL OPERATIONS.—Except as provided by subsection (b)(4) of this sec39 tion, an officer or employee of the Service may not enter the premises of

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

41 consent of the owner or owner’s agent, to interrogate an individual believed
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1 to be an alien about the individual’s right to be or remain in the United

2 States.

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

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

5 Attorney General prescribes final regulations that specify—

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

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

8 the force may be used;

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

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

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

12 has received certification of completion of a training program covering

13 the arrests and the standards described by clause (2) of this sub14 section; and

15 (4) an expedited, internal review process for violations of the stand16 ards, consistent with standard agency procedure regarding confidential17 ity of matters related to internal investigations.

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

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

20 to detain an alien if any United States, State, or local law enforcement offi21 cial—

22 (A) arrests an alien for violating a law related to controlled sub23 stances;

24 (B) has reason to believe that the alien is in the United States un25 lawfully;

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

27 facts about the alien’s status; and

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

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

30 a United States, State, or local law enforcement official, the Attorney Gen31 eral shall take custody of the alien expeditiously.

32 § 305. Local jurisdiction over immigrant stations

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

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

35 is located has jurisdiction over the station and may enter the station to pre36 serve the peace and make arrests for offenses under the laws of the State,

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

38 jurisdiction over the immigrant station on a matter related to the enforce39 ment of the law of the State, territory, or possession.
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1 § 306. Records on aliens

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

3 agencies of the United States Government, the Attorney General shall main4 tain in the Immigration and Naturalization Service a central file on aliens

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

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

7 States;

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

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

10 the Attorney General may require.

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

12 of the Attorney General—

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

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

15 of an alien in the United States; and

16 (2) the Secretary of Health and Human Services shall notify the At17 torney General when an alien is issued a social security account num18 ber.

19 § 307. Information about transporting alien females for

20 prostitution and debauchery

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

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

23 25, 1902, for the suppression of white-slave traffic, the Attorney General

24 shall—

25 (1) maintain a central file of information about the procurement of

26 alien females for prostitution and debauchery;

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

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

29 and supervise the females; and

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

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

32 § 308. Working hours and premium pay for officers and em33 ployees of the Immigration and Naturalization

34 Service

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

36 the working hours of officers and employees of the Immigration and Natu37 ralization Service performing work at a port to coincide with the customary

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

39 a working day or the rate provided by subsection (b) of this section.

40 (b) PREMIUM PAY RATES.—An officer or employee of the Service per41 forming work related to the inspection and landing of passengers and crew
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1 of a vessel, aircraft, or vehicle arriving in the United States from a foreign

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

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

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

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

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

7 than 2.5 days’ pay.

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

9 (c) METHOD OF PAYMENT.—(1) Except as provided by section 53 of the

10 Airport and Airway Development Act of 1970 (49 App. U.S.C. 1741), when

11 an officer or employee of the Service performs work referred to in sub12 section (b) of this section, the master, owner, agent, or consignee of the ves13 sel, aircraft, or vehicle shall pay to the Attorney General an amount equal

14 to the pay to which the officer or employee is entitled under subsection (b).

15 The amount shall be paid if the officer or employee was ordered to report

16 for work and did report, even if an inspection did not take place. However,

17 this paragraph does not apply to an inspection, at a designated port of

18 entry, of passengers arriving by an international ferry, bridge, or tunnel, or

19 by a vessel on the Great Lakes and connecting waterways, an aircraft, or

20 a vehicle, when the vessel, aircraft, or vehicle is operating on a regular

21 schedule.

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

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

24 ‘‘Immigration and Naturalization Service—Salaries and Expenses’’. The

25 amount credited to the appropriation is available for payment of the over26 time, Sunday, and holiday pay.

27 § 309. Providing immigration services for scheduled flights

28 Notwithstanding section 308(c)(1) of this title or another law, the immi29 gration services required to be provided to passengers on arrival in the Unit30 ed States on a scheduled flight shall be provided adequately, not later than

31 45 minutes after their presentation for inspection, when needed and at no

32 cost to the air carrier or passengers, except for the fee specified in section

33 6909(a) of this title, at—

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

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

36 is stationed to provide immigration services.

37 § 310. Reimbursement for immigration inspection services

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

39 of title 18 does not prohibit reimbursement for the services of an immigra40 tion officer related to inspecting aliens in a foreign contiguous territory. The
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1 reimbursement shall be credited to the appropriation ‘‘Immigration and

2 Naturalization Service—Salaries and Expenses’’.

3 (b) REQUESTED INSPECTION SERVICES.—The Attorney General may re4 ceive reimbursement from the owner, operator, or agent of a private or com5 mercial vessel or aircraft, or from a seaport or airport authority, for ex6 penses incurred by the Attorney General in providing immigration inspec7 tion services requested by the owner, operator, agent, or authority, including

8 the pay and expenses of individuals employed by the Attorney General to

9 provide the services. The Attorney General’s authority to receive reimburse10 ment under this section ends as soon as an amount is appropriated to pro11 vide the services.

12 § 311. Travel expenses and expenses of interment

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

14 General, an officer or employee of the Immigration and Naturalization Serv15 ice is entitled to travel expenses when the officer or employee—

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

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

18 or in a foreign country; or

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

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

21 (b) EXPENSES OF TRANSPORTING SPOUSE, CHILDREN, AND PROP22 ERTY.—The Attorney General may reimburse an officer or employee de23 scribed by subsection (a) of this section for expenses incurred in transport24 ing the officer’s or employee’s spouse, dependent children, and personal

25 property, including (as provided under subchapter II of chapter 57 of title

26 5) the expenses for packing, crating, freight, unpacking, temporary storage,

27 and drayage.

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

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

30 the Attorney General may pay the ordinary and necessary expenses of inter31 ment.

32 § 312. Providing services and articles at immigrant stations

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

34 Statutes (41 U.S.C. 5), the Attorney General may award an exclusive con35 tract to provide money exchange services, to transport passengers or bag36 gage, to provide food and eating facilities, or to provide similar services at

37 an immigrant station only to the lowest responsible and capable bidder (ex38 cept an alien). The Attorney General may charge a reasonable rental for

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

40 However, the Attorney General may provide a necessary service at an immi-
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1 grant station if the Attorney General finds that it would be more economical

2 and efficient.

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

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

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

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

7 through canteens operated by the Attorney General.

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

9 immigrant station.

10 (d) DEPOSIT OF AMOUNTS RECEIVED.—The Attorney General shall de11 posit amounts received under this section in the Treasury to the credit of

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

13 Expenses’’.

14 § 313. Operation of photographic studios by welfare organi15 zations

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

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

18 provide space, without payment of rent, in a building occupied by the Immi19 gration and Naturalization Service, for a photographic studio operated by

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

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

22 General shall supervise a studio operated under this section.

23 § 314. Crediting appropriations

24 (a) LANDING STATIONS.—Amounts deposited in the Treasury to reim25 burse the Immigration and Naturalization Service for expenses paid by the

26 Service from the appropriation ‘‘Immigration and Naturalization Service—

27 Salaries and Expenses’’ for a landing station referred to in section 6905(c)

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

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

30 (b) AMOUNTS RECOVERED AFTER BUYING EVIDENCE.—Amounts ex31 pended from the appropriation ‘‘Immigration and Naturalization Service—

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

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

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

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

36 increase in penalties resulting from the amendments made by sections

37 203(b), 543(a), and 544 of the Immigration Act of 1990 (Public Law 101–

38 649, 104 Stat. 5018, 5057, 5059) shall be credited to the appropriation—

39 (1) ‘‘Immigration and Naturalization Service—Salaries and Ex40 penses’’ for activities that enhance enforcement of subtitles I–III of

41 this title (except subchapter I of chapter 5), including—
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1 (A) identifying, investigating, and apprehending criminal aliens;

2 (B) implementing the system described by section 6531(c)(4) of

3 this title; and

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

5 States border in areas experiencing high levels of apprehensions of

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

7 States; and

8 (2) for the Executive Office for Immigration Review in the Depart9 ment of Justice to remove the backlogs in preparing transcripts of de10 portation proceedings conducted under section 6532 of this title.

11 § 315. Interest on immigration bonds

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

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

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

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

16 be more than 3 percent a year. Interest shall accrue from the date of de17 posit through the date of withdrawal or the date of breach of the bond,

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

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

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

21 from the date the cash stopped earning interest under the system. Appro22 priations to the Department of the Treasury for interest on uninvested

23 amounts are available for payment of the interest.

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

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

26 before the date of a breach shall be paid to the obligor on the bond.

27 § 316. Breached Bond/Detention Fund

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

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

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

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

32 Service for—

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

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

35 (2) The amount required to be refunded for the fiscal year ending Sep36 tember 30, 1994, and each subsequent fiscal year, shall be refunded in ac37 cordance with estimates made in the budget request of the Attorney General

38 for that fiscal year. However, any proposed change in the amount des39 ignated in the budget request may be made only after notification to the

40 Committees on Appropriations of the House of Representatives and the Sen41 ate under section 606 of the Departments of Commerce, Justice, and State,
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1 the Judiciary, and Related Agencies Appropriations Act, 1993 (Public Law

2 102–395, 106 Stat. 1873).

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

4 $8,000,000, posted under this title and recovered by the Attorney General

5 shall be deposited in the Fund.

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

7 available until expended.

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

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

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

11 and the ending balance.

12 § 317. Immigration User Fee Account

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

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

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

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

17 expenses incurred by the Attorney General in—

18 (A) providing immigration inspection and preinspection services for

19 a commercial vessel or aircraft;

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

21 services for a commercial vessel or aircraft;

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

23 a national collections office;

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

25 nonimmigrant control and debt collection;

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

27 the United States;

28 (F) providing detention and deportation services for an excludable

29 alien—

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

31 (ii) attempting to enter illegally by avoiding immigration inspec32 tion at an air or sea port of entry; and

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

34 of entry for an excludable alien—

35 (i) arriving on a commercial vessel or aircraft, including provid36 ing exclusion proceedings resulting from presentation of fraudulent

37 documentation or failure to present documentation; or

38 (ii) attempting to enter illegally by avoiding immigration inspec39 tion at an air or sea port of entry.

40 (2) Amounts required to be refunded under paragraph (1) of this sub41 section shall be refunded at least quarterly on the basis of estimates, made
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1 by the Attorney General, of the expenses referred to in paragraph (1). Prop2 er adjustments shall be made in the amounts subsequently refunded under

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

4 amount required to be refunded.

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

6 (1) fees collected under section 6909 of this title.

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

8 of this title.

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

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

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

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

13 establishment of the Account, the Attorney General, following a public regu14 latory proceeding with notice and an opportunity for comment, shall submit

15 a report to Congress—

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

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

18 of this title to ensure that amounts collected from the fee for the suc19 ceeding 2 years equal, as closely as possible, the cost of providing the

20 services for which the fee is charged.

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

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

23 March 31 of each year a statement showing—

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

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

26 projections for the next fiscal year, and a complete workload analysis

27 showing on a port-by-port basis the current and projected need for in28 spectors; and

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

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

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

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

33 States citizen by-pass, the number of passengers for whom the stand34 ard is not met and the length of their delay, locational breakdown of

35 these statistics, and the steps being taken to correct any nonconform36 ity.

37 § 318. Immigration Examinations Fee Account

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

39 known as the ‘‘Immigration Examinations Fee Account’’.
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1 (b) USE OF AMOUNTS.—Amounts in the Account are available to the At2 torney General to reimburse any appropriation by the amount paid from

3 that appropriation for expenses in—

4 (1) providing immigration adjudication and naturalization services;

5 and

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

7 and amounts reimbursed from, the Account.

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

9 General by regulation shall be deposited in the Account, whether collected

10 directly by the Attorney General or through clerks of courts. However, fees

11 the Attorney General receives from applicants residing in the Virgin Islands

12 or Guam shall be paid to the treasury of the Virgin Islands or the treasury

13 of Guam, respectively.

14 (d) AVAILABILITY OF AMOUNTS.—Amounts deposited in the Account re15 main available to the Attorney General until expended.

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

17 a statement on the financial condition of the Account, including the begin18 ning balance, revenues, withdrawals, the ending balance, and projections for

19 the next fiscal year.

20 § 319. Land border inspection fees

21 (a) FEE AUTHORITY.—The Attorney General may continue, only on the

22 northern border of the United States, the land border inspection fee pilot

23 project authorized under section 286(q) of the Immigration and Nationality

24 Act. The project may include commuter lanes to be made available to quali25 fied citizens of the United States and aliens, as the Attorney General de26 cides. Fees collected under this subsection shall be deposited in the Account

27 established under subsection (b)(1) of this section.

28 (b) LAND BORDER INSPECTION FEE ACCOUNT.—(1) There is a separate

29 account in the Treasury known as the ‘‘Land Border Inspection Fee Ac30 count’’.

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

32 the Account to any appropriation amounts for expenses incurred in provid33 ing inspection services at land border places of entry on the northern border

34 of the United States, including expenses of—

35 (A) providing overtime inspection services;

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

37 nonimmigrant control;

38 (C) employing additional permanent and temporary inspectors;

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

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

41 Services);
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1 (E) detecting fraudulent documents used by passengers traveling to

2 the United States; and

3 (F) administering the Account.

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

5 year shall be refunded in accordance with estimates made in the budget re6 quest of the Attorney General for that fiscal year. However, any proposed

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

8 after notification to the Committees on Appropriations of the House of Rep9 resentatives and the Senate under section 606 of the Departments of Com10 merce, Justice, and State, the Judiciary, and Related Agencies Appropria11 tions Act, 1990 (Public Law 101–162, 103 Stat. 1031).

12 (c) AVAILABILITY OF AMOUNTS.—Amounts deposited in the Account re13 main available until expended.

14 (d) REPORTS.—(1) The Attorney General shall submit annually to Con15 gress a statement on the financial condition of the Account, including the

16 beginning balance, revenues, withdrawals, the ending balance, and projec17 tions for the next fiscal year.

18 (2) The Attorney General shall submit quarterly to Congress a status re19 port on the project.

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

21 § 320. Advisory committee on inspection services

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

23 committee consisting of representatives from air carriers and other modes

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

25 by the Immigration and Naturalization Service to cover expenses incurred

26 by the Service.

27 (b) MEETINGS AND ADVICE.—The advisory committee shall meet on a

28 periodic basis and advise the Attorney General on issues related to the per29 formance of the inspection services of the Immigration and Naturalization

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

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

32 of inspection officers, the level of fees, and the appropriateness of any pro33 posed fee. The Attorney General shall give substantial consideration to the

34 views of the committee.

35 § 321. Immigration emergency fund

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

37 Treasury.

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

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

40 activities of the Immigration and Naturalization Service;
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1 (B) to reimburse State and local governments for providing assist2 ance requested by the Attorney General in meeting an immigration

3 emergency, but only if the President has decided that an emergency ex4 ists and has certified the existence of the emergency to the Committees

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

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

7 State and local governments for providing assistance required by the

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

9 an emergency exists—

10 (i) when a district director of the Service certifies to the Com11 missioner of Immigration and Naturalization that the number of

12 asylum applications filed in the director’s district during a cal13 endar quarter is at least 1,000 more than the number of asylum

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

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

16 of a State or locality are endangered; or

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

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

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

20 asylum in that district.

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

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

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

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

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

26 than 15 days after receiving the application.

27 (c) AUTHORIZATION OF APPROPRIATIONS.—An amount may be appro28 priated to the fund each fiscal year so that the balance in the fund is

29 $35,000,000.

30 § 322. Reports

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

32 each year, the Attorney General shall submit to the Committees on the Ju33 diciary of the House of Representatives and the Senate a report describing

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

35 the following:

36 (1) the number of petitions filed.

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

38 occupation) included in the approved petitions.

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

40 occupation) requested in the denied petitions.

41 (4) the number of petitions withdrawn.
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1 (5) the number of petitions pending final action.

2 (b) REPORTS ON NATURALIZATION STATISTICS.—(1) The Attorney Gen3 eral shall prepare annually, from the records of the Immigration and Natu4 ralization Service, a report in statistical form with analytical comment. The

5 report shall show by nationality—

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

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

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

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

10 born; and

11 (C) the economic, vocational, and other classifications of aliens seek12 ing citizenship of the United States.

13 (2) Payment for the equipment used in preparing the report under this

14 subsection shall be made from the appropriation ‘‘Immigration and Natu15 ralization Service—Salaries and Expenses’’.

16 § 323. Information system on impact of immigration laws

17 (a) ESTABLISHMENT.—In consultation with interested academicians, gov18 ernmental authorities, and other parties, the Attorney General shall provide

19 for a system to collect and disseminate information not in individually iden20 tifiable form that is useful in evaluating the social, economic, environmental,

21 and demographic impact of the immigration laws.

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

23 Information collected under subsection (a) of this section shall include infor24 mation on—

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

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

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

28 (4) nonimmigrants in the United States (by occupation, basis for ad29 mission, and length of stay);

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

31 States;

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

33 deportation; and

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

35 United States in each fiscal year.

36 (c) FREQUENCY OF COLLECTION AND DISSEMINATION AND RECIPIENTS

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

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

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

40 a report containing—
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1 (1) a summary of information collected under subsection (a) of this

2 section;

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

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

5 of applications for naturalization, for each district office of the Immi6 gration and Naturalization Service and by national origin group.

7 SUBCHAPTER II—DEPARTMENT OF STATE

8 § 331. General authority of the Secretary of State

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

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

11 to—

12 (1) duties and powers of the Bureau of Consular Affairs;

13 (2) duties and powers of diplomatic and consular officers, except du14 ties and powers of consular officers related to granting and refusing

15 visas; and

16 (3) a decision about the nationality of an individual not in the Unit17 ed States.

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

19 Secretary, with the consent of the head of an agency, may require or au20 thorize an officer or employee of the agency to carry out a duty or power

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

22 § 332. Bureau of Consular Affairs

23 (a) ORGANIZATION.—The Bureau of Consular Affairs is a bureau in the

24 Department of State.

25 (b) ASSISTANT SECRETARY FOR CONSULAR AFFAIRS.—The head of the

26 Bureau is the Assistant Secretary of State for Consular Affairs. The Assist27 ant Secretary must be a citizen of the United States and be qualified by

28 experience.

29 (c) GENERAL AUTHORITY OF THE ASSISTANT SECRETARY.—The Assist30 ant Secretary shall—

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

32 (2) maintain close liaison with the appropriate committees of Con33 gress to advise them on the administration of this title by consular offi34 cers; and

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

36 Immigration and Naturalization to carry out the immigration and na37 tionality laws in a coordinated, uniform, and efficient way.

38 (d) OFFICES OF THE BUREAU.—(1) The Bureau has a Passport Office,

39 a Visa Office, and other offices the Secretary decides are appropriate. The

40 head of each office is a director. The Directors of the Passport Office and
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1 the Visa Office must be experienced in carrying out the immigration and

2 nationality laws.

3 (2) The Passport Office carries out laws related to granting passports.

4 The Visa Office carries out immigration laws related to granting visas.

5 (3) The Visa Office has a General Counsel appointed by the Secretary.

6 The General Counsel serves under the general direction of the Legal Adviser

7 of the Department. The General Counsel may maintain liaison with the ap8 propriate officers of the Immigration and Naturalization Service to achieve

9 a uniform interpretation of this title.

10 § 333. Sharing information about foreign traffickers in con11 trolled substances

12 To ensure that foreign traffickers in controlled substances are denied

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

14 title)—

15 (1) the Secretary of State shall cooperate with United States law en16 forcement agencies, including the Drug Enforcement Administration

17 and the Customs Service, in establishing a comprehensive information

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

19 that the information can be communicated to the appropriate United

20 States embassies; and

21 (2) the National Drug Enforcement Policy Board shall agree on uni22 form guidelines that would permit the sharing of information of foreign

23 traffickers in controlled substances.

24 SUBCHAPTER III—MISCELLANEOUS

25 § 341. Liaison with internal security officers

26 To exchange information for use in enforcing this title in the interest of

27 the internal security of the United States, the Commissioner of Immigration

28 and Naturalization and the Assistant Secretary of State for Consular Af29 fairs may maintain direct and continuous liaison with the Directors of the

30 Federal Bureau of Investigation and Central Intelligence and with other in31 ternal security officers of the United States Government.

32 § 342. Confidentiality of records and proof of nonexistence

33 (a) CONFIDENTIALITY OF VISA AND PERMIT RECORDS.—A record of the

34 Department of State or of a diplomatic or consular office related to grant35 ing or refusing a visa or permit to enter the United States is confidential.

36 The record may be used only in developing, changing, or carrying out a law

37 of the United States. However, the Secretary of State may provide a cer38 tified copy of the record to a court if the court certifies that it needs the

39 record in the interest of justice in a case pending before the court.

40 (b) PROOF OF NONEXISTENCE OF RECORD.—A certification by the Attor41 ney General, or by an officer or employee of the Immigration and Natu-
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1 ralization Service designated by the Attorney General, that a diligent search

2 of the records of the Service has failed to disclose a particular record is ad3 missible in any proceeding as evidence that the records of the Service do

4 not contain the record.

5 § 343. Disposition of receipts

6 Except as otherwise provided by this title, an amount received in payment

7 of a fee or administrative penalty shall be deposited in the Treasury as mis8 cellaneous receipts. However, a fee received from an applicant residing in

9 the Virgin Islands or Guam and paid under section 2125 of this title shall

10 be paid to the treasury of the Virgin Islands or the treasury of Guam, re11 spectively.

12 § 344. Triennial immigration-impact report

13 (a) REPORTING REQUIREMENT.—The President shall submit a com14 prehensive immigration-impact report to Congress not later than January

15 1, 1989, and not later than January 1 of each 3d year thereafter.

16 (b) CONTENT.—Each report shall include—

17 (1) the number and classification of aliens admitted and to be admit18 ted (whether as immediate relatives, special immigrants, refugees, pref19 erence immigrants, or nonimmigrants), paroled and to be paroled, and

20 granted and to be granted asylum during the periods specified in sub21 section (c) of this section;

22 (2) a reasonable estimate of the number of aliens who entered and

23 will enter the United States during those periods without visas or who

24 became or will become deportable during those periods under chapter

25 65 of this title; and

26 (3) a description of the impact of—

27 (A) admissions and other entries of immigrants, refugees,

28 asylees, and parolees into the United States during those periods

29 on the economy, labor and housing markets, educational system,

30 social services, foreign policy, environmental quality and resources,

31 and rate, size, and distribution of population growth in the United

32 States; and

33 (B) high rates of immigration resettlement on State and local

34 governments.

35 (c) HISTORY AND PROJECTIONS.—In each report, the information re36 ferred to in subsection (b) of this section shall be—

37 (1) described for the prior 3-year period; and

38 (2) projected for the next 5-year period, based on reasonable esti39 mates substantiated by the best available evidence.

40 (d) RECOMMENDATIONS.—The President also may include recommenda41 tions on changes in numerical limitations or other policies under subtitles
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1 II and III of this title affecting the admission and entry of aliens into the

2 United States.

3 § 345. Setting immigration adjudication and naturalization

4 fees

5 Fees for providing immigration adjudication and naturalization services

6 may be set at a level that will ensure recovery of—

7 (1) the costs of providing those services;

8 (2) the costs of providing similar services without charge to asylum

9 applicants or other immigrants; and

10 (3) any additional costs associated with the administration of the

11 fees collected.

12 CHAPTER 5—PASSPORTS AND TRAVEL REQUIREMENTS

SUBCHAPTER I—PASSPORTS

Sec.

501. Individuals eligible for passports.

502. Granting 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.

13 SUBCHAPTER I—PASSPORTS

14 § 501. Individuals eligible for passports

15 (a) NATIONALS OF THE UNITED STATES.—A passport may be granted

16 only to, or verified only for, a national of the United States.

17 (b) APPLICATIONS.—An individual may be granted a passport only if the

18 individual submits a signed application containing all information required

19 by law and regulations. If the individual previously has not been granted

20 a United States passport, the application must be executed under oath be21 fore an individual authorized by the Secretary of State to administer oaths.

22 § 502. Granting and verifying passports

23 (a) INDIVIDUALS AUTHORIZED TO GRANT AND VERIFY.—Under regula24 tions prescribed by the President, the Secretary of State may—

25 (1) grant and verify passports; and

26 (2) authorize only the following to grant and verify passports:

27 (A) the chief executive officer of a territory or possession of the

28 United States.

29 (B) in a foreign country, diplomatic representatives of the Unit30 ed States, consuls general, consuls, and vice consuls when in

31 charge.

32 (b) REPORTS.—As required by the Secretary, an individual granting or

33 verifying a passport shall report to the Secretary—
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1 (1) the granting or verifying of the passport; and

2 (2) the information contained in the passport.

3 § 503. Validity and use

4 (a) PERIOD OF VALIDITY.—A passport is valid for 10 years from the date

5 it is granted. However, the Secretary may limit the validity of a passport

6 to a shorter period in an individual case or on a general basis by regulation.

7 (b) RESTRICTIONS ON TRAVEL OR USE.—(1) Except as provided by para8 graph (2) of this subsection or another law, a passport may not be des9 ignated as restricted for travel to, or use in, any country.

10 (2) A passport may be designated as restricted for travel to, or use in,

11 a country—

12 (A) with which the United States is at war;

13 (B) in which armed hostilities are in progress; or

14 (C) in which there is imminent danger to the public health or phys15 ical safety of United States travelers.

16 § 504. Passport fees

17 (a) ESTABLISHING FEES.—The Secretary of State shall prescribe by reg18 ulation the fee for a passport and the fee for executing a passport applica19 tion. However, the following individuals are exempt from paying the pass20 port fee and, when executing the application before an officer or employee

21 of the United States Government, from paying the execution fee:

22 (1) an officer or employee of the Government going outside the Unit23 ed States on official business, and a member of the immediate family

24 of the officer or employee.

25 (2) a sailor needing a passport for service on a vessel of the United

26 States.

27 (3) a widow, child, parent, brother, or sister of a deceased member

28 of the armed forces of the United States going outside the United

29 States to visit the member’s grave.

30 (b) COLLECTION AND RETENTION OF APPLICATION FEES.—The Sec31 retary by regulation may—

32 (1) authorize an official of a State to collect and retain the fee for

33 each passport application executed before the official; and

34 (2) transfer to the United States Postal Service the fee for each ap35 plication executed before the Service.

36 (c) DEPOSITS IN THE TREASURY.—Except for fees retained or trans37 ferred under subsection (b) of this section, fees collected under this section

38 shall be deposited in the Treasury.

39 (d) REFUNDS.—(1) The Secretary may refund a passport fee—

40 (A) paid by an individual exempt from payment under subsection (a)

41 of this section; or
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1 (B) paid to an officer or employee of the Government by an individ2 ual granted a passport who is refused a visa in the United States by

3 the appropriate officer of a government of a foreign country if the indi4 vidual within 6 months from the date the passport is granted makes

5 a written request and returns the unused passport.

6 (2) Amounts are appropriated to the Secretary to make refunds under

7 paragraph (1)(B) of this subsection.

8 (e) FEES USED FOR MACHINE-READABLE PASSPORTS AND VISAS.—Not9 withstanding another law and to the extent provided by an appropriation

10 law, not more than $5,000,000 in passport fees collected by the Secretary

11 of State may be credited each fiscal year to a Department of State account.

12 Amounts credited to the account are available only for costs associated with

13 acquiring and producing machine-readable United States passports and

14 visas and compatible reading equipment. Amounts credited under this sub15 section remain available until expended.

16 § 505. Limitation on acquiring paper for passports

17 Amounts may not be used to acquire paper for passports if—

18 (1) the paper is manufactured outside the United States and the ter19 ritories and possessions of the United States or would be acquired from

20 an entity owned or controlled by a person that is not a citizen of the

21 United States; and

22 (2) a domestic manufacturer for paper for passports exists.

23 SUBCHAPTER II—TRAVEL REQUIREMENTS

24 § 511. Travel document requirements

25 (a) DEFINITIONS.—In this section—

26 (1) ‘‘permit’’ means a passport, visa, reentry permit, or other docu27 ment used to enter or leave the United States.

28 (2) ‘‘person’’, in addition to its meaning under section 1 of title 1,

29 includes a governmental entity.

30 (3) ‘‘United States’’ includes all territory and waters subject to the

31 jurisdiction of the United States.

32 (b) ENTERING OR LEAVING THE UNITED STATES.—(1) Subject to condi33 tions and exceptions prescribed by the President, a citizen of the United

34 States may enter or leave, or attempt to enter or leave, the United States

35 only if the citizen has a valid passport.

36 (2) An alien may enter or leave, or attempt to enter or leave, the United

37 States only under regulations prescribed or orders issued by the President.

38 (c) OTHER RESTRICTIONS.—Unless otherwise ordered by the President,

39 a person may not—
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1 (1) transport or attempt to transport an individual into or out of the

2 United States if the person has reason to believe that the entry or de3 parture is prohibited by this section;

4 (2) knowingly make a false statement in an application for a permit

5 with the intent to have the permit granted for any individual;

6 (3) knowingly give, attempt to give, or assist in giving an individual

7 a permit not intended for the individual;

8 (4) knowingly use or attempt to use a permit not granted or in9 tended for that person;

10 (5) forge, change, or mutilate a permit, or have a permit forged,

11 changed, or mutilated; or

12 (6) knowingly use, attempt to use, or give to another for use, a per13 mit that is forged, changed, mutilated, or invalid.

14 (d) ALIENS OTHERWISE INADMISSIBLE.—This title does not entitle an

15 alien to enter the United States if the alien is granted a permit but other16 wise is inadmissible.

17 (e) REVOCATION OF REGULATION OR ORDER.—Revocation of a regula18 tion prescribed or order issued under this section does not prevent prosecu19 tion, or imposition of penalties, for violation of the regulation or order be20 fore it was revoked.

21 § 512. Certain rights to enter or leave unaffected

22 This title does not affect the rights of the following individuals to enter

23 or leave the United States:

24 (1) an American Indian born in Canada who is at least 50 percent

25 of American Indian descent.

26 (2) an alien member of the armed forces of the United States enter27 ing or leaving the United States under orders or with permission when

28 the member is in uniform or carrying identification as a member of the

29 armed forces.

30 § 513. Records about residents permanently leaving the

31 United States

32 The Attorney General may authorize an immigration officer to record the

33 following information about a resident of the United States leaving the

34 United States through Canada or Mexico for permanent residence in a for35 eign country:

36 (1) name.

37 (2) race, age, and sex.

38 (3) country of birth.

39 (4) marital status.

40 (5) occupation.

41 (6) whether the resident can read or write.
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1 (7) nationality.

2 (8) country of which the resident is a citizen or subject.

3 (9) last permanent residence in the United States.

4 (10) intended future permanent residence.

5 (11) time and port of last entry into the United States.

6 (12) if the resident claims to be a national of the United States,

7 facts on which the claim is based.

8 § 514. Travel restrictions on citizens of foreign countries

9 (a) GENERAL POLICY.—(1) To carry out the general principles of the

10 Final Act of the Conference on Security and Cooperation in Europe empha11 sizing the lowering of international barriers to the free movement of people

12 and ideas and in accordance with the Vienna Convention on Diplomatic Re13 lations establishing the legal principles of nondiscrimination and reciprocity,

14 it is the general policy of the United States to impose restrictions on travel

15 within the United States by citizens of a foreign country only when the gov16 ernment of that foreign country imposes restrictions on travel by citizens

17 of the United States within that country.

18 (2) This subsection does not limit a restriction on travel within the Unit19 ed States that the United States Government, on a reciprocal basis, imposes

20 on an official of a government of a foreign country.

21 (b) CONVEYANCE OF POLICY AND ELIMINATION OF RESTRICTIONS.—The

22 Secretary of State shall—

23 (1) ensure that the policy of subsection (a) of this section is conveyed

24 clearly to the government of a foreign country imposing travel restric25 tions on citizens of the United States; and

26 (2) seek the elimination, on a mutual and reciprocal basis, of travel

27 restrictions imposed by that government and by the United States Gov28 ernment on each other’s citizens.

29 CHAPTER 7—GENERAL MISCELLANEOUS

Sec.

701. Certain treaties unaffected.

702. Construing references to organizations about advocating overthrow of United States

Government.

30 § 701. Certain treaties unaffected

31 Except as provided by section 20702(c) of this title, this title does not

32 affect a treaty ratified by the Senate before December 25, 1952.

33 § 702. Construing references to organizations about advo34 cating overthrow of United States Government

35 A reference in this title to an organization may not be construed as a

36 declaration that the organization does not advocate the overthrow of the

37 United States Government by unconstitutional means.
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1 SUBTITLE II—ALIENS

2 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

3 PART B—IMMIGRANTS

41. NUMERICAL LIMITATIONS ....................................................................... 4101

43. PETITIONS AND DOCUMENTATION ....................................................... 4301

45. CONDITIONAL PERMANENT RESIDENT STATUS ............................... 4501

4 PART C—REFUGEES

51. ADMISSIONS .................................................................................................. 5101

5 PART D—ENTRY, EXCLUSION, AND DEPORTATION

61. ARRIVAL, INSPECTION, AND ADMISSION ............................................. 6101

63. EXCLUSION ................................................................................................... 6301

65. DEPORTATION OF ALIENS IN THE UNITED STATES ....................... 6501

67. TEMPORARY PROTECTED STATUS ......................................................... 6701

69. REGULATION OF PERSONS PROVIDING TRANSPORTATION ........... 6901

6 PART E—ADDITIONAL REQUIREMENTS AND LIMITATIONS

81. REGISTRATION AND FINGERPRINTING ................................................ 8101

83. MISCELLANEOUS ......................................................................................... 8301

7 PART F—CHANGE OF STATUS AND CLASSIFICATION

91. CHANGE OF STATUS AND CLASSIFICATION ....................................... 9101

93. CHANGE OF STATUS FOR CERTAIN ALIENS WHO ENTERED THE

UNITED STATES BEFORE 1982.

9301

8 PART G—PENALTIES

101. PENALTIES .................................................................................................... 10101

9 PART A—NONIMMIGRANTS

10 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. Granting nonimmigrant visas and other documentation.

2124. Period of validity and revocation.

2125. Fees.

2126. Burden of proof.

2127. Visa waiver pilot program.

11 SUBCHAPTER I—ADMISSION

12 § 2101. Admission

13 Except as otherwise provided, an alien may be admitted to the United

14 States as a nonimmigrant for the time and under conditions the Attorney

15 General prescribes by regulation. The Attorney General may require the

16 alien to file a bond or undertaking, in the amount and containing conditions
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1 the Attorney General prescribes, to ensure that the alien will leave the Unit2 ed States when—

3 (1) the time for which the alien is admitted expires; or

4 (2) the alien does not remain a member of the nonimmigrant class

5 under which the alien was admitted or to which the Attorney General

6 changes the alien under section 9108 of this title.

7 § 2102. Presumption

8 An alien (except a nonimmigrant classified under section 2313, 2317, or

9 2325 of this title) is presumed to be an immigrant until the alien satisfies

10 the consular officer, at the time of application for a visa, and the immigra11 tion officer, at the time of application for admission, that the alien qualifies

12 as a nonimmigrant.

13 § 2103. Application of certain provisions to diplomats

14 Except as otherwise provided by this title, those provisions of this title

15 related to ineligibility for a visa and exclusion or deportation of an alien do

16 not apply to a nonimmigrant described by—

17 (1) section 2301(1) of this title, except that the nonimmigrant is

18 subject—

19 (A) to those provisions requiring a passport and visa for identi20 fication and proof of the nonimmigrant’s classification under that

21 section; and

22 (B) under regulations prescribed by the President, to section

23 6308(a)–(c) of this title; or

24 (2) section 2301(2) or 2302(1)–(5) of this title, except that the non25 immigrant is subject to—

26 (A) those provisions requiring a passport and visa for identifica27 tion and proof of the nonimmigrant’s classification under one of

28 those sections; and

29 (B) section 6308(a)–(c) of this title.

30 SUBCHAPTER II—DOCUMENTATION

31 § 2121. Documentation requirements

32 (a) GENERAL.—Except as provided by this section and section 2127 of

33 this title, an alien classified as a nonimmigrant under chapter 23 of this

34 title may be admitted to the United States only if, when applying for admis35 sion, the nonimmigrant has—

36 (1) a passport that—

37 (A) is valid for at least 6 months after the last day of the

38 alien’s initial period of admission or contemplated initial period of

39 admission; and
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1 (B) authorizes the alien during those 6 months to return to the

2 foreign country from which the alien came or to enter another for3 eign country; and

4 (2) a nonimmigrant visa or border crossing identification card at the

5 time of applying for admission.

6 (b) GENERAL WAIVERS.—The Attorney General and the Secretary of

7 State jointly may waive a requirement of subsection (a) of this section—

8 (1) in an individual case because of an unforeseen emergency;

9 (2) on a reciprocal basis, for nationals of foreign contiguous territory

10 or of adjacent islands and for residents of that territory or islands who

11 have a common nationality with those nationals; and

12 (3) for an alien proceeding in immediate and continuous travel

13 through the United States on a carrier operating under a contract au14 thorized by section 6905(b)(1)(B) of this title.

15 (c) WAIVERS FOR VISITORS TO GUAM.—(1) The Attorney General, the

16 Secretary of State, and the Secretary of the Interior jointly may waive sub17 section (a) of this section for an alien applying for admission as a non18 immigrant visitor under section 2303 of this title, but only for entry into

19 and stay on Guam for not more than 15 days, if they jointly decide, after

20 consulting with the Governor of Guam, that—

21 (A) an adequate arrival and departure control system has been devel22 oped on Guam; and

23 (B) the waiver does not represent a threat to the welfare, safety, or

24 security of the United States or its territories or possessions.

25 (2) An alien may be granted a waiver under this subsection only if the

26 alien waives any right—

27 (A) to a review or appeal under this title of an immigration officer’s

28 decision on the admissibility of the alien at the port of entry into

29 Guam; or

30 (B) to contest (except on the basis of an application for asylum) an

31 action for deportation against the alien.

32 (3) An alien admitted to Guam without a visa under this subsection may

33 not—

34 (A) stay in Guam for more than 15 days after the date of admission

35 to Guam; or

36 (B) enter or stay in the United States under that admission, except

37 in Guam.

38 (4) If adequate appropriated amounts to carry out this subsection are not

39 available, the Attorney General may accept amounts tendered by the govern40 ment of Guam to cover any part of the cost of carrying out this subsection.
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1 § 2122. Applications for nonimmigrant visas and registra2 tion

3 (a) APPLICATION REQUIREMENTS.—An alien applying for a non4 immigrant visa must apply in the way prescribed by regulation. The applica5 tion must contain the following information about the alien:

6 (1) the complete true name of the alien.

7 (2) a personal description, including height, complexion, color of hair

8 and eyes, and marks of identification.

9 (3) the date and place of birth.

10 (4) nationality.

11 (5) marital status.

12 (6) the purpose in going to the United States.

13 (7) the period of intended stay in the United States.

14 (8) additional information prescribed by regulation that is necessary

15 to identify the alien and enforce the immigration and nationality laws.

16 (b) ADDITIONAL REQUIREMENTS.—An alien applying for a nonimmigrant

17 visa must—

18 (1) register as provided by chapter 81 of this title when applying for

19 the visa;

20 (2) if required by the consular officer to decide whether the alien

21 may receive a visa, take a physical or mental examination, or both; and

22 (3) provide the consular officer, with the application, a certified copy

23 of any document about the alien that may be required by regulation.

24 (c) STATEMENT ABOUT NO ENTITLEMENT TO ENTER THE UNITED

25 STATES.—An application for a nonimmigrant visa shall inform the applicant

26 that a visa or other documentation issued to an alien does not entitle the

27 alien to enter the United States if, on arrival at a port of entry, the alien

28 is found to be inadmissible.

29 (d) SIGNATURE AND OATH.—Except as otherwise prescribed by regula30 tion, an alien must—

31 (1) sign an application for a nonimmigrant visa in the presence of

32 a consular officer; and

33 (2) take an oath administered by the consular officer verifying the

34 application.

35 (e) DISPOSITION OF APPLICATIONS.—An application for a nonimmigrant

36 visa or other documentation as a nonimmigrant shall be disposed of as pre37 scribed by regulation.
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1 § 2123. Granting nonimmigrant visas and other documenta2 tion

3 (a) GENERAL.—Except as provided by subsection (b) of this section, a

4 consular officer may grant a nonimmigrant visa to an eligible nonimmigrant

5 who has made a proper application for the visa.

6 (b) PROHIBITIONS.—(1) A consular officer may not grant a non7 immigrant visa or other documentation to an alien if—

8 (A) the alien is required to be registered under section 8101(a)(1)

9 of this title and is not registered;

10 (B) the alien’s application does not comply with this title or regula11 tions prescribed under this title; or

12 (C) the alien is excludable from admission to the United States; or

13 (D) the consular officer has reason to believe the alien is ineligible

14 for the visa or other documentation.

15 (2) Notwithstanding paragraph (1)(D) of this subsection, a consular offi16 cer may grant a nonimmigrant visa or other documentation to—

17 (A) an alien to whom section 6304(a) of this title applies if—

18 (i) the alien otherwise may receive the visa or other documenta19 tion; and

20 (ii) the consular officer receives notice from the Attorney Gen21 eral that the alien filed a bond or undertaking under section

22 6304(b) of this title; or

23 (B) an alien applying as a nonimmigrant under section 2303 or

24 2310 of this title if the alien otherwise may receive the visa or other

25 documentation, and the consular officer receives notice from the Attor26 ney General that the alien filed a bond or undertaking, in the amount

27 and containing conditions the consular officer prescribes, to ensure that

28 the alien will leave the United States when—

29 (i) the time for which the alien is admitted expires; or

30 (ii) the alien does not remain a member of the nonimmigrant

31 class under which the alien was admitted or to which the Attorney

32 General changes the alien under section 9108 of this title.

33 (c) FORM AND CONTENT OF VISAS.—Except as otherwise prescribed by

34 regulation, the granting of a nonimmigrant visa shall be shown by a stamp

35 placed by a consular officer in the alien’s passport. The visa shall specify—

36 (1) the alien’s nonimmigrant classification under chapter 23 of this

37 title;

38 (2) the expiration date of the visa; and

39 (3) additional information that may be required.
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1 § 2124. Period of validity and revocation

2 (a) PERIOD OF VALIDITY.—A nonimmigrant visa is valid for the period

3 prescribed by regulation. In prescribing the period of validity, the Secretary

4 of State, to the extent practicable, shall treat nationals of a foreign country

5 the same as the government of that country treats nationals of the United

6 States within a similar class.

7 (b) REVOCATION.—A consular officer or the Secretary may revoke a visa

8 or other documentation issued to a nonimmigrant. A revocation invalidates

9 the visa or documentation from the date the visa or documentation was

10 granted. The Attorney General shall be notified of each revocation.

11 § 2125. Fees

12 The Secretary of State shall prescribe fees for providing and verifying a

13 nonimmigrant visa application for, and granting a nonimmigrant visa to, a

14 nonimmigrant of each foreign country. If practicable, the total amount of

15 the fees shall correspond to the total of all visa, entry, residence, or similar

16 fees the country imposes on nationals of the United States. An alien de17 scribed by section 11 of the Agreement Between the United Nations and

18 the United States of America Regarding the Headquarters of the United

19 Nations (61 Stat. 761) and traveling to or from the headquarters district

20 of the United Nations shall be granted a nonimmigrant visa without charge.

21 § 2126. Burden of proof

22 An individual applying for a nonimmigrant visa or other documentation

23 required for entering the United States as a nonimmigrant has the burden

24 of proving that the individual is eligible to be granted the visa or docu25 mentation. A consular officer may grant the visa or documentation only if

26 satisfied that the individual is eligible to receive the visa or documentation.

27 § 2127. Visa waiver pilot program

28 (a) ESTABLISHMENT OF PROGRAM.—The Attorney General and the Sec29 retary of State jointly may maintain a pilot program for the fiscal years

30 ending September 30, 1989–1994, under which they jointly may waive sec31 tion 2121(a)(2) of this title for an alien eligible for a waiver under sub32 section (c) of this section.

33 (b) DESIGNATION OF PILOT PROGRAM COUNTRIES.—(1) The Attorney

34 General and the Secretary jointly may designate any foreign country as a

35 pilot program country if the government of that country extends (or agrees

36 to extend) reciprocal privileges to nationals of the United States and meets

37 the requirements of paragraphs (2) and (3) of this subsection. A designation

38 is only for a fiscal year.

39 (2) Subject to paragraph (3) of this subsection, a country may be des40 ignated as a pilot program country only if—
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1 (A) the average number of refusals of nonimmigrant visitor visas for

2 nationals of that country during the prior 2 fiscal years was less than

3 2 percent of the number of nonimmigrant visitor visas for nationals of

4 that country that were granted or refused during those years;

5 (B) the average number of refusals of nonimmigrant visitor visas for

6 nationals of that country during either of those 2 years was less than

7 2.5 percent of the number of nonimmigrant visitor visas for nationals

8 of that country that were granted or refused during that year;

9 (C) the government of that country certifies that it has or is develop10 ing a program to issue machine-readable passports to citizens of that

11 country; and

12 (D) the Attorney General decides that the law enforcement interests

13 of the United States would not be compromised by the designation of

14 that country.

15 (3) A country that was a pilot program country in the prior fiscal year

16 may be designated as a pilot program country in a subsequent fiscal year

17 of the program only if the total number of nationals referred to in clauses

18 (A) and (B) of this paragraph is less than 2 percent of the number of na19 tionals of that country who applied for admission as nonimmigrant visitors

20 during that prior fiscal year:

21 (A) the number of nationals of that country who were excluded from

22 admission or withdrew their application for admission during that prior

23 fiscal year as nonimmigrant visitors; plus

24 (B) the number of nationals of that country who were admitted as

25 nonimmigrant visitors during that prior fiscal year and who violated a

26 condition of that admission.

27 (c) ELIGIBLE ALIENS.—An alien is eligible for a waiver under the pro28 gram if the alien—

29 (1) is applying to be admitted not later than September 30, 1994,

30 as a nonimmigrant visitor under section 2303 of this title for not more

31 than 90 days;

32 (2) is a national of, and presents a passport issued by, a foreign

33 country designated as a pilot program country under subsection (b) of

34 this section;

35 (3) before admission, completes an immigration form prescribed by

36 the Attorney General;

37 (4) before being provided a waiver under the program, waives any

38 right—

39 (A) to a review or appeal under this title of an immigration offi40 cer’s decision on the admissibility of the alien at the port of entry

41 into the United States; or
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1 (B) to contest (except on the basis of an application for asylum)

2 an action for deportation against the alien;

3 (5) when arriving by air or sea, arrives at the port of entry into the

4 United States on a carrier that has an agreement with the Attorney

5 General to guarantee transportation of the alien out of the United

6 States if the alien is found inadmissable or deportable by an immigra7 tion officer;

8 (6) has a round-trip transportation ticket unless the Attorney Gen9 eral by regulation waives this requirement;

10 (7) is not a threat to the welfare, health, safety, or security of the

11 United States; and

12 (8) complied with the conditions of any previous admission without

13 a visa under the program.

14 (d) ADMISSION UNDER VISA WAIVER PILOT PROGRAM.—An alien admit15 ted to the United States under this section without a visa may not stay in

16 the United States as a nonimmigrant visitor for more than 90 days after

17 the date of admission to the United States.

18 (e) CARRIER AGREEMENTS.—(1) A carrier and the Attorney General may

19 make an agreement referred to in subsection (c)(5) of this section under

20 which the carrier agrees, in consideration of the waiver of the visa require21 ment for a nonimmigrant visitor under the program—

22 (A) to indemnify the United States Government against costs of

23 transporting that visitor from the United States if the visitor is refused

24 admission or remains in the United States unlawfully after the end of

25 the period of admission referred to in subsection (c)(1) of this section;

26 (B) to submit each day to immigration officers any immigration

27 forms received about nonimmigrant visitors given a waiver under the

28 program; and

29 (C) to be liable, under regulations the Attorney General prescribes,

30 for transporting a national of a pilot program country into the United

31 States without a passport.

32 (2) If a carrier does not comply with an agreement made under para33 graph (1) of this subsection, the Attorney General may end the agreement

34 on 5 days’ notice to the carrier.

35 (f) DENIAL OF WAIVERS.—Notwithstanding subsections (a)–(c) and (e)

36 of this section, the Attorney General and the Secretary jointly may—

37 (1) for any reason refuse to waive the visa requirement for a na38 tional of a foreign country that otherwise may qualify for designation

39 as a pilot program country under this section; or

40 (2) rescind at any time a waiver or designation previously granted

41 under this section.
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1 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 travel.

2305. Crewmembers.

2306. Aliens entitled to enter under treaties of commerce and navigation.

2307. Philippine nationals.

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.

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.

2 SUBCHAPTER I—GENERAL

3 § 2301. Officials of governments of foreign countries

4 An alien is classified as a nonimmigrant under this section if the alien

5 is—

6 (1)(A) an ambassador, public minister, or career diplomatic or con7 sular officer accredited by a government of a foreign country recog8 nized de jure by the United States Government who is accepted by the

9 President or the Secretary of State; or

10 (B) a member of the immediate family of the ambassador, minister,

11 or officer;

12 (2) on a reciprocal basis—

13 (A) another official or employee accredited by a government of

14 a foreign country recognized de jure by the United States Govern15 ment who is accepted by the Secretary; or

16 (B) a member of the immediate family of the official or em17 ployee; or

18 (3) on a reciprocal basis—
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1 (A) an attendant, servant, or personal employee of an alien de2 scribed by clause (1)(A) or (2)(A) of this section; or

3 (B) a member of the immediate family of the attendant, serv4 ant, or personal employee.

5 § 2302. Representatives to international organizations

6 An alien is classified as a nonimmigrant under this section if the alien

7 is—

8 (1)(A) a designated principal resident representative of a government

9 of a foreign country to an international organization if the government

10 is recognized de jure by the United States Government and is a mem11 ber of the international organization; or

12 (B) a member of the immediate family of the representative;

13 (2)(A) an accredited resident member of the staff of a representative

14 described by clause (1)(A) of this section; or

15 (B) a member of the immediate family of the member;

16 (3)(A) an accredited representative (except a representative described

17 by clause (1)(A) of this section) of a government of a foreign country

18 to an international organization if the government is recognized de jure

19 by the United States Government and is a member of the international

20 organization; or

21 (B) a member of the immediate family of the representative;

22 (4)(A) an alien described by clause (1)(A), (2)(A), or (3)(A) of this

23 section, except that the government of the foreign country is not recog24 nized de jure by the United States Government or is not a member of

25 an international organization; or

26 (B) a member of the immediate family of the alien;

27 (5)(A) an officer or employee of an international organization; or

28 (B) a member of the immediate family of the officer or employee;

29 or

30 (6)(A) an attendant, servant, or personal employee of an alien de31 scribed by clause (1)(A), (2)(A), (3)(A), (4)(A), or (5)(A) of this sec32 tion; or

33 (B) a member of the immediate family of the attendant, servant, or

34 personal employee.

35 § 2303. Visitors for business and pleasure

36 An alien is classified as a nonimmigrant under this section if the alien—

37 (1) has a residence in a foreign country that the alien has no inten38 tion of abandoning; and

39 (2) is visiting the United States temporarily for business or pleasure

40 (except to study, to perform skilled or unskilled labor, or to work as

41 a representative of foreign information media).
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1 § 2304. Aliens in immediate and continuous travel

2 An alien is classified as a nonimmigrant under this section if the alien

3 is—

4 (1) in immediate and continuous travel through the United States;

5 or

6 (2) entitled to travel between a foreign country and the headquarters

7 district of the United Nations under section 11(3), (4), or (5) of the

8 Agreement Between the United Nations and the United States of

9 America Regarding the Headquarters of the United Nations (61 Stat.

10 761).

11 § 2305. Crewmembers

12 (a) GENERAL.—(1) Except as provided by subsection (c) of this section,

13 an alien is classified as a nonimmigrant under this section if the alien—

14 (A) is a crewmember serving as a crewmember in a capacity required

15 for normal operation and service on a vessel (except a fishing vessel

16 having its home port or an operating base in the United States) or on

17 an aircraft; and

18 (B) intends to land temporarily and only as a crewmember and to

19 depart on a vessel or aircraft.

20 (2) Serving in a capacity required for normal operation and service on

21 a vessel under paragraph (1)(A) of this subsection only includes performing

22 longshore work (as defined by section 2721 of this title) to the extent pro23 vided under sections 2723–2725 of this title.

24 (b) CREWMEMBERS OF FISHING VESSELS LANDING IN GUAM.—(1) Ex25 cept as provided by subsection (c) of this section, an alien is classified as

26 a nonimmigrant under this section if the alien—

27 (A) is a crewmember serving as a crewmember in any capacity re28 quired for normal operation and service on a fishing vessel having its

29 home port or an operating base in the United States; and

30 (B) intends to land in Guam temporarily and only as a crewmember

31 and to depart on the vessel on which the alien arrived.

32 (2) An alien is deemed to have departed from Guam under paragraph

33 (1)(B) of this subsection after leaving the territorial waters of Guam with34 out regard to whether the alien arrives in a foreign country before returning

35 to Guam.

36 (c) CREWMEMBERS EMPLOYED IN LABOR DISPUTES.—(1) An alien who

37 intends to land to perform service on a vessel of the United States (as de38 fined by section 2101 of title 46) or on an aircraft of an air carrier (as

39 defined by section 101 of the Federal Aviation Act of 1958 (49 App. U.S.C.

40 1301)) during a labor dispute in which there is a strike or lockout of the
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1 bargaining unit of the employer in which the alien intends to perform that

2 service—

3 (A) is not entitled to be classified as a nonimmigrant under this sec4 tion;

5 (B) may not be paroled into the United States under section 6123

6 of this title, unless the Attorney General decides that the parole of the

7 alien is necessary to protect the security of the United States; and

8 (C) is not a crewmember under section 2703(d) of this title.

9 (2) Paragraph (1) of this subsection does not apply to an alien if the air

10 carrier or owner or operator of the vessel employing the alien provides docu11 mentation that satisfies the Attorney General that the alien—

12 (A) has been employed by that employer for at least a one-year pe13 riod before the date that the strike or illegal lockout began;

14 (B) has served as a qualified crewmember for that employer at least

15 once in each of 3 months during the 12-month period before that date;

16 and

17 (C) will continue to perform the same services that the alien provided

18 during the alien’s employment described by clause (B) of this para19 graph.

20 § 2306. Aliens entitled to enter under treaties of commerce

21 and navigation

22 (a) DEFINITION.—In this section, ‘‘citizen of Mexico’’ has the same

23 meaning given that term in Annex 1608 of the North American Free Trade

24 Agreement.

25 (b) GENERAL.—An alien is classified as a nonimmigrant under this sec26 tion if the alien—

27 (1)(A) is entitled to enter the United States under a treaty of com28 merce and navigation between the United States Government and the

29 government of the foreign country of which the alien is a national

30 only—

31 (i) to carry on an amount of trade (including trade in services

32 or technology) principally between the United States and the coun33 try of which the alien is a national, that the Secretary of State

34 decides, after consulting with appropriate agencies, is substantial;

35 or

36 (ii) to develop and direct the operations of an enterprise in

37 which the alien has invested or is actively in the process of invest38 ing an amount of capital that the Secretary of State decides, after

39 consulting with appropriate agencies, is substantial; or

40 (B) is the spouse or child of an alien described by subclause (A) of

41 this clause if accompanying or following to join the alien;
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1 (2) on a reciprocal basis under the United States-Canada Free-Trade

2 Agreement—

3 (A)(i) is a citizen of Canada; and

4 (ii) is coming to the United States only for a purpose specified

5 by Annex 1502.1 (United States of America), Part B—Traders

6 and Investors, of the United States-Canada Free-Trade Agree7 ment, but only if the purpose is specified by that Annex on Janu8 ary 1, 1989; or

9 (B) is the spouse or child of an alien described by subclause (A)

10 of this clause if accompanying or following to join the alien;

11 (3)(A)(i) is a citizen of Canada;

12 (ii) is coming to the United States under Annex 1502.1 (United

13 States of America), Part C—Professionals, of the United States-Can14 ada Free-Trade Agreement to engage in business activities at a profes15 sional level as provided by that Annex; and

16 (iii) may be admitted to engage in those activities under regulations

17 prescribed by the Attorney General after consulting with the Secretar18 ies of State and Labor; or

19 (B) is the spouse or child of an alien described by subclause (A) of

20 this clause if accompanying or following to join the alien;

21 (4) subject to subsection (e) of this section, on a reciprocal basis

22 under the North American Free Trade Agreement—

23 (A)(i) is a citizen of Canada or a citizen of Mexico; and

24 (ii) is coming to the United States only for a purpose specified

25 by section B of Annex 1603 of the Agreement but only if the pur26 pose is specified by Annex 1603 on January 1, 1994; or

27 (B) is the spouse or child of an alien described by subclause (A)

28 of this clause if accompanying or following to join the alien; or

29 (5)(A) subject to subsections (c)–(e) of this section—

30 (i) is a citizen of Canada or a citizen of Mexico;

31 (ii) is coming to the United States under section D of Annex

32 1603 of the North American Free Trade Agreement to engage in

33 business activities at a professional level as provided by Annex

34 1603; and

35 (iii) may be admitted to engage in those activities under regula36 tions prescribed by the Attorney General after consulting with the

37 Secretaries of State and Labor; or

38 (B) is the spouse or child of an alien described by subclause (A) of

39 this clause if accompanying or following to join the alien.

40 (c) NUMERICAL LIMITATIONS ON CITIZENS OF MEXICO.—(1) The Attor41 ney General shall establish an annual numerical limitation on the number
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1 of citizens of Mexico classified under subsection (b)(5) of this section, as

2 provided by Appendix 1603.D.4 of Annex 1603 of the North American Free

3 Trade Agreement. Subject to paragraph (2) of this subsection, the limita4 tion—

5 (A) may be increased after December 31, 1994, under paragraph

6 5(a) of section D of Annex 1603 of the Agreement; and

7 (B) shall cease to apply as provided by paragraph 3 of Appendix

8 1603.D.4.

9 (2) The limitation referred to in paragraph (1) of this subsection may be

10 increased or shall cease to apply (other than under paragraph 3 of Appendix

11 1603.D.4) only if—

12 (A) the President has obtained advice about the proposed action

13 from the appropriate advisory committees established under section

14 135 of the Trade Act of 1974 (19 U.S.C. 2155);

15 (B) the President has submitted a report to the Committees on the

16 Judiciary of the Senate and the House of Representatives that states

17 the action proposed to be taken, the reasons for the proposed action,

18 and the advice obtained under clause (A) of this paragraph;

19 (C) at least 60 days have passed after the President meets the re20 quirements of clauses (A) and (B) of this paragraph; and

21 (D) the President consults with those committees during that 60-day

22 period about the proposed action.

23 (d) ADDITIONAL REQUIREMENTS FOR CITIZENS OF MEXICO.—During

24 the period that Appendix 1603.D.4 of Annex 1603 of the North American

25 Free Trade Agreement applies, an alien who is a citizen of Mexico and en26 ters under section D of Annex 1603 must comply—

27 (1) for a registered nurse, with the attestation requirements of sec28 tion 2902 of this title, to the extent and in the way provided by regula29 tions prescribed by the Secretary of Labor;

30 (2) for all other professions set out in Appendix 1603.D.1 of Annex

31 1603, with the application requirements of section 2351 of this title,

32 to the extent and in the way provided by regulations prescribed by the

33 Secretary of Labor; and

34 (3) with the employer petition requirements of this chapter, to the

35 extent and in the way provided by regulations prescribed by the Attor36 ney General.

37 (e) LABOR DISPUTES.—An alien who is a citizen of Canada or a citizen

38 of Mexico and who is coming to the United States under section B, C, or

39 D of Annex 1603 of the North American Free Trade Agreement is not enti40 tled to be classified as a nonimmigrant under those sections if there is a

41 strike or lockout during a labor dispute in the occupational classification at
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1 the alien’s place or intended place of employment, unless the alien estab2 lishes under regulations prescribed by the Attorney General that the alien’s

3 entry will not adversely affect the settlement of the strike or lockout or the

4 employment of any individual who is involved in the strike or lockout. Notice

5 of a decision by the Attorney General under this subsection shall be given

6 in the way required by paragraph 3 of Article 1603 of the Agreement.

7 (f) COUNTRIES WITHOUT TREATIES.—Each of the following foreign

8 countries shall be deemed to be a foreign country described by subsection

9 (b)(1) of this section if the government of the foreign country extends recip10 rocal nonimmigrant treatment to nationals of the United States:

11 (1) the largest country in each region (as defined by section

12 4105(a)(7) of this title) that—

13 (A) has at least one dependent area as determined for purposes

14 of sections 4111 and 4112 of this title; and

15 (B) does not have a treaty of commerce and navigation with the

16 United States Government.

17 (2) the country that—

18 (A) was identified as an adversely affected foreign country

19 under section 314 of the Immigration Reform and Control Act of

20 1986 (Public Law 99–603, 100 Stat. 3439);

21 (B) had a treaty of commerce and navigation with the United

22 States before 1925; and

23 (C) does not have a treaty of commerce and navigation with the

24 United States Government.

25 § 2307. Philippine nationals

26 On a reciprocal basis secured by agreement between the Presidents of the

27 United States and of the Philippines, an alien is classified as a non28 immigrant under this section if the alien is—

29 (1) a national of the Philippines who is coming to the United States

30 only—

31 (A) to carry on an amount of trade (including trade in services

32 or technology) principally between the United States and the Phil33 ippines, that the Secretary of State decides, after consulting with

34 appropriate agencies, is substantial; or

35 (B) to develop and direct the operations of an enterprise in

36 which the alien has invested or is actively in the process of invest37 ing an amount of capital that the Secretary decides, after consult38 ing with the appropriate agencies, is substantial; or

39 (2) the spouse or child of an alien described by clause (1) of this

40 section if accompanying or following to join the alien.
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1 § 2308. Media representatives

2 On a reciprocal basis, an alien is classified as a nonimmigrant under this

3 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 by clause (1) of this

8 section if accompanying or following to join the alien.

9 § 2309. Aliens engaged to marry citizens

10 (a) GENERAL.—An alien is classified 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 by clause (1) of this subsection

16 if accompanying or following to join the alien.

17 (b) PETITIONS TO CLASSIFY.—A visa may be granted to an alien apply18 ing to be classified as a nonimmigrant under this section only after the con19 sular officer receives a petition filed in the United States by the citizen

20 fiancee or fiance of the alien and approved by the Attorney General. The

21 petition must be in the form and contain the information the Attorney Gen22 eral prescribes by regulation. The Attorney General may approve the peti23 tion only if satisfied that the parties—

24 (1) previously have met in person during the 2 years before the date

25 the petition was filed, except that the Attorney General may waive this

26 requirement;

27 (2) intend to marry; and

28 (3) are legally able and willing to marry not later than 90 days after

29 the alien arrives in the United States.

30 § 2310. Students in academic institutions and language

31 training programs

32 (a) GENERAL.—An alien is classified as a nonimmigrant under this sec33 tion if the alien—

34 (1)(A) has a residence in a foreign country that the alien has no in35 tention of abandoning;

36 (B) is a student qualified to take a full course of study; and

37 (C) is coming to the United States temporarily and only to take a

38 full course of study at an established academic institution or in a lan39 guage training program designated by the alien and approved by the

40 Attorney General under subsection (b) of this section; or
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1 (2) is the spouse or child of an alien described by 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 § 2311. Students in nonacademic institutions

14 (a) GENERAL.—An alien is classified as a nonimmigrant under this sec15 tion if the alien—

16 (1)(A) has a residence in a foreign country that the alien has no in17 tention of abandoning; and

18 (B) is coming to the United States temporarily and only to take a

19 full course of study (except in a language training program) at a recog20 nized nonacademic institution designated by the alien and approved by

21 the Attorney General under subsection (b) of this section; or

22 (2) is the spouse or child of an alien described by clause (1) of this

23 subsection if accompanying or following to join the alien.

24 (b) APPROVAL OF INSTITUTIONS.—(1) The Attorney General may ap25 prove an institution referred to in subsection (a) of this section only after—

26 (A) the Attorney General has consulted with the Secretary of Edu27 cation; and

28 (B) the institution has agreed to report promptly to the Attorney

29 General the termination of attendance of each nonimmigrant student.

30 (2) The Attorney General shall withdraw the approval if the institution

31 fails to report promptly.

32 § 2312. Participants in programs designated by the Director

33 of the United States Information Agency

34 (a) GENERAL.—An alien is classified as a nonimmigrant under this sec35 tion if the alien—

36 (1)(A) has a residence in a foreign country that the alien has no in37 tention of abandoning;

38 (B) is a student, scholar, trainee, teacher, researcher, leader, or simi39 lar individual in a field of specialized knowledge or skill; and

40 (C) is coming to the United States temporarily to teach, study, ob41 serve, conduct research, consult, or demonstrate skills in a program
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1 designated by the Director of the United States Information Agency,

2 and, if coming to participate in a program of graduate medical edu3 cation or training, satisfies the requirements of subsections (b) and (c)

4 of this section; or

5 (2) is the spouse or child of an alien described by clause (1) of this

6 subsection if accompanying or following to join the alien.

7 (b) ADDITIONAL REQUIREMENTS FOR ALIENS IN MEDICAL PROGRAMS.—

8 The following additional requirements apply to an alien coming to the Unit9 ed States as a nonimmigrant under subsection (a)(1) of this section to par10 ticipate in a program of graduate medical education or training:

11 (1) A school of medicine or of another health profession accredited

12 by a body approved by the Secretary of Education must agree in writ13 ing to provide the graduate medical education or training under the

14 program for which the alien is coming to the United States or to ar15 range for an appropriate public or nonprofit private agency or institu16 tion to provide the education or training. Before making the agree17 ment, the school must be satisfied that the alien satisfies paragraph

18 (2) of this subsection. If the agreement is by a school of medicine, any

19 of its affiliated hospitals that will participate in providing the education

20 or training must be a party to the agreement.

21 (2) The alien must—

22 (A) have graduated from a school of medicine accredited by a

23 body approved by the Secretary of Education (regardless of wheth24 er the school is in the United States); or

25 (B)(i) have passed parts I and II of the National Board of Med26 ical Examiners Examination or an examination the Secretary of

27 Health and Human Services decides is equivalent;

28 (ii) be competent in oral and written English;

29 (iii) be able to adapt to the educational and cultural environ30 ment in which the alien will be receiving the education or training;

31 and

32 (iv) have adequate prior education and training to participate

33 satisfactorily in the program.

34 (3) The government of the foreign country of the alien’s nationality

35 or last residence must provide a written assurance satisfactory to the

36 Secretary of Health and Human Services that the country needs indi37 viduals with the skills the alien will acquire in the program.

38 (4) The alien must agree to return to the foreign country of the

39 alien’s nationality or last residence on completing the program.
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1 (5) The alien must give the Attorney General annually an affidavit

2 (in the form prescribed by the Attorney General) attesting that the

3 alien—

4 (A) is in good standing in the program; and

5 (B) will return to the foreign country of the alien’s nationality

6 or last residence on completing the program.

7 (6) The alien’s participation in the program is limited to the period

8 typically required to complete the program, as determined by the Direc9 tor at the time the alien enters the United States. The Director shall

10 base the determination on criteria, established in coordination with the

11 Secretary of Health and Human Services, that consider the published

12 requirements of the medical specialty board administering the program.

13 However—

14 (A) the period may be more than 7 years only if the alien satis15 fies the Director that the foreign country to which the alien will

16 return on completing the program has an exceptional need for an

17 individual with the skills the alien will acquire in the program; and

18 (B) the alien may change programs once within the first 2 years

19 after entering the United States (or after being reclassified) as a

20 nonimmigrant under subsection (a) of this section if the Director

21 approves the change and a written assurance and an agreement

22 are given for the new program as provided by paragraphs (3) and

23 (4) of this subsection.

24 (c) SATISFACTION OF REQUIREMENTS BY CERTAIN MEDICAL SCHOOL

25 GRADUATES.—An alien who is a graduate of a medical school satisfies sub26 section (b)(2)(B)(i) of this section if the alien on January 9, 1978—

27 (1) was completely and permanently licensed to practice medicine in

28 a State; and

29 (2) was practicing medicine in a State.

30 (d) REPORT ON AFFIDAVITS.—The Director shall submit to Congress

31 each year a report on aliens who have submitted affidavits under subsection

32 (b)(5) of this section. The report shall include the name and address of each

33 alien, the program of graduate medical education or training in which the

34 alien is participating, and the status of the alien in the program.

35 § 2313. Aliens employed temporarily in specialty occupa36 tions or as fashion models

37 (a) GENERAL.—An alien is classified as a nonimmigrant under this sec38 tion if the alien is—

39 (1) coming to the United States temporarily to be employed—

40 (A) in a specialty occupation (except as a registered nurse dur41 ing the period specified by section 2325(c) of this title or to per-
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1 form services described by section 2314, 2318, or 2319 of this

2 title) that requires theoretical and practical application of a body

3 of highly specialized knowledge and a bachelor’s, or higher, degree

4 in the specialty, or its equivalent, as a minimum for entry into the

5 occupation in the United States and who—

6 (i) is fully licensed by a State to practice the occupation

7 if a license is required to practice that occupation;

8 (ii) has completed the degree described by this subclause

9 (A) of this paragraph for that occupation; or

10 (iii) has experience in the specialty equivalent to the com11 pletion of that degree and recognition of expertise in the spe12 cialty through progressively more responsible positions related

13 to the specialty; and

14 (B) for whom the Secretary of Labor has certified to the Attor15 ney General that the employer intending to employ the alien has

16 filed with the Secretary an application under subsection (d) of this

17 section;

18 (2)(A) coming to the United States temporarily to be employed as

19 a fashion model and demonstrates distinguished merit and ability; and

20 (B) for whom the Secretary of Labor has certified to the Attorney

21 General that the employer intending to employ the alien has filed with

22 the Secretary an application under subsection (d) of this section; or

23 (3) the spouse or child of an alien described by clause (1) or (2) of

24 this subsection if accompanying or following to join the alien.

25 (b) NUMERICAL AND TIME LIMITATIONS.—(1) The total number of aliens

26 who may be issued visas or classified as nonimmigrants under subsection

27 (a)(1) and (2) of this section during a fiscal year may be not more than

28 65,000. Those aliens shall be issued visas or classified as a nonimmigrant

29 under that subsection in the order in which petitions are filed for those visas

30 or that classification.

31 (2) An alien classified as a nonimmigrant under subsection (a)(1) or (2)

32 of this section may be admitted to the United States for not more than 6

33 years.

34 (c) EMPLOYER PETITIONS.—(1) A visa may be granted to an alien apply35 ing to be classified as a nonimmigrant under subsection (a)(1) or (2) this

36 section only after the Attorney General approves a petition filed by the pro37 spective employer. The petition must be in the form and contain the infor38 mation the Attorney General prescribes. Before approving a petition, the At39 torney General shall consult with the heads of appropriate agencies. Ap40 proval of the petition does not establish by itself that the alien is a non41 immigrant.
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1 (2) If a petition is filed and denied under this subsection, the Attorney

2 General shall notify the petitioner of the decision and the reasons for the

3 denial and the way in which the petitioner may appeal the decision.

4 (d) EMPLOYER APPLICATION REQUIREMENT.—An alien may be classified

5 as a nonimmigrant under subsection (a)(1) or (2) of this section only if the

6 employer files an application with the Secretary of Labor as required by sec7 tion 2351 of this title.

8 (e) LIMITATIONS ON CLASSIFICATION AND ADMISSION OF MEDICAL

9 SCHOOL GRADUATES.—An alien who is a graduate of a medical school and

10 is coming to the United States to perform services as a member of the medi11 cal profession may be classified and admitted as a nonimmigrant under sub12 section (a)(1) or (2) of this section only if the alien—

13 (1) has been invited by a public or nonprofit private educational or

14 research institution or agency in the United States to come to the

15 United States to teach or conduct research, or both, at or for the insti16 tution or agency; or

17 (2)(A) has passed the licensing examination administered by the

18 Federation of State Medical Boards of the United States or an exam19 ination the Secretary of Health and Human Services decides is equiva20 lent; and

21 (B)(i) is competent in oral and written English; or

22 (ii) is a graduate of a medical school that is accredited by a body

23 approved by the Secretary of Education (regardless of whether the

24 school is in the United States).

25 (f) INTENTION TO ABANDON RESIDENCE IN A FOREIGN COUNTRY.—In

26 obtaining a visa or obtaining or maintaining the classification as a non27 immigrant under in subsection (a)(1) or (2) of this section, the fact that

28 an alien has applied for a classification under subchapter I of chapter 43

29 of this title or otherwise has sought permanent residence in the United

30 States is not evidence of an intention to abandon a residence in a foreign

31 country if the alien had obtained a change of classification under section

32 9108 of this title to a classification as such a nonimmigrant before the

33 alien’s most recent departure from the United States.

34 § 2314. Temporary and seasonal agricultural employees

35 (a) GENERAL.—An alien is classified as a nonimmigrant under this sec36 tion if the alien—

37 (1)(A) has a residence in a foreign country that the alien has no in38 tention of abandoning; and

39 (B) is coming to the United States temporarily to perform temporary

40 or seasonal agricultural labor or services as defined by the Secretary

41 of Labor by regulation, including agricultural labor as defined by sec-
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1 tion 3121(g) of the Internal Revenue Code of 1986 (26 U.S.C.

2 3121(g)) and agriculture as defined by section 3(f) of the Fair Labor

3 Standards Act of 1938 (29 U.S.C. 203(f)); or

4 (2) is the spouse or child of an alien described by clause (1) of this

5 subsection if accompanying or following to join the alien.

6 (b) EMPLOYER PETITIONS.—(1) A visa may be granted to an alien apply7 ing to be classified as a nonimmigrant under subsection (a)(1) of this sec8 tion only after the Attorney General approves a petition filed by the pro9 spective employer. The petition must be in the form and contain the infor10 mation the Attorney General prescribes. Before approving a petition, the At11 torney General shall consult with the heads of appropriate agencies, includ12 ing the Secretaries of Labor and Agriculture. The Attorney General may ap13 prove the petition only if the Secretary of Labor has issued a certification

14 under section 2504 of this title. Approval of the petition does not establish

15 by itself that the alien is a nonimmigrant.

16 (2) If a petition is filed and denied under this subsection, the Attorney

17 General shall notify the petitioner of the decision and the reasons for the

18 denial and the way in which the petitioner may appeal the decision.

19 § 2315. Aliens performing labor or services for which United

20 States workers are unavailable

21 (a) GENERAL.—An alien is classified as a nonimmigrant under this sec22 tion if the alien—

23 (1)(A) is not a graduate of a medical school coming to the United

24 States to perform services as a member of the medical profession;

25 (B) has a residence in a foreign country that the alien has no inten26 tion of abandoning; and

27 (C) is coming to the United States temporarily to perform temporary

28 labor or services (except labor or services described by section 2314 of

29 this title) for which unemployed workers able to perform the labor or

30 services are unavailable in the United States; or

31 (2) is the spouse or child of an alien described by clause (1) of this

32 subsection if accompanying or following to join the alien.

33 (b) NUMERICAL LIMITATIONS.—The total number of aliens who may be

34 issued visas or classified as nonimmigrants under subsection (a)(1) of this

35 section during a fiscal year may be not more than 66,000. Those aliens shall

36 be issued visas or classified as such a nonimmigrant in the order in which

37 petitions are filed for those visas or that classification.

38 (c) EMPLOYER PETITIONS.—(1) A visa may be granted to an alien apply39 ing to be classified as a nonimmigrant under subsection (a)(1) of this sec40 tion only after the Attorney General approves a petition filed by the pro41 spective employer. The petition must be in the form and contain the infor-
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1 mation the Attorney General prescribes. Before approving a petition, the At2 torney General shall consult with the heads of appropriate agencies. Ap3 proval of the petition does not establish by itself that the alien is a non4 immigrant.

5 (2) If a petition is filed and denied under this subsection, the Attorney

6 General shall notify the petitioner of the decision and the reasons for the

7 denial and the way in which the petitioner may appeal the decision.

8 (d) EMPLOYMENT IN THE VIRGIN ISLANDS.—The Attorney General may

9 approve a petition filed for an alien applying to be classified as a non10 immigrant under subsection (a)(1) of this section for employment in the

11 Virgin Islands only—

12 (1) if the alien is to be employed as an entertainer or athlete; and

13 (2) for not more than 45 days.

14 § 2316. Aliens receiving training

15 (a) GENERAL.—An alien is classified as a nonimmigrant under this sec16 tion if the alien—

17 (1)(A) has a residence in a foreign country that the alien has no in18 tention of abandoning; and

19 (B) is coming to the United States temporarily to receive training

20 (except graduate medical education or training) in a training program

21 that is not designed primarily to provide productive employment; or

22 (2) is the spouse or child of an alien described by clause (1) of this

23 section if accompanying or following to join the alien.

24 (b) EMPLOYER PETITIONS.—(1) A visa may be granted to an alien apply25 ing to be classified as a nonimmigrant under subsection (a)(1) of this sec26 tion only after the Attorney General approves a petition filed by the pro27 spective employer. The petition must be in the form and contain the infor28 mation the Attorney General prescribes. Before approving a petition, the At29 torney General shall consult with the heads of appropriate agencies. Ap30 proval of the petition does not establish by itself that the alien is a non31 immigrant.

32 (2) If a petition is filed and denied under this subsection, the Attorney

33 General shall notify the petitioner of the decision and the reasons for the

34 denial and the way in which the petitioner may appeal the decision.

35 § 2317. Intra-company transferees

36 (a) GENERAL.—(1) An alien is classified as a nonimmigrant under this

37 section if the alien—

38 (A) within the 3 years before applying for admission, has been em39 ployed continuously for at least one year by a corporation or other legal

40 entity or an affiliate or subsidiary of the entity and is coming to the
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1 United States temporarily to continue employment with the same em2 ployer or an affiliate or subsidiary of the entity—

3 (i) in an executive or managerial capacity; or

4 (ii) that involves a specialized knowledge of the product of the

5 entity, affiliate, or subsidiary and its application in international

6 markets or an advanced level of knowledge of processes and proce7 dures of the entity, affiliate, or subsidiary; or

8 (B) is the spouse or child of an alien described by clause (A) of this

9 paragraph if accompanying or following to join the alien.

10 (2) The period of admission for an alien classified as a nonimmigrant

11 under—

12 (A) paragraph (1)(A)(i) of this subsection may be not more than 7

13 years; and

14 (B) paragraph (1)(A)(ii) of this subsection may be not more 5 years.

15 (3) In applying paragraph (1) of this subsection, a partnership or similar

16 organization organized outside the United States to provide accounting serv17 ices is deemed to be an affiliate of a partnership organized in the United

18 States to provide accounting services if—

19 (A) the partnership or similar organization organized outside the

20 United States markets its accounting services under an internationally

21 recognized name under an agreement with a worldwide coordinating or22 ganization owned and controlled by the member accounting firms of

23 which the United States partnership is also a member; and

24 (B) the United States partnership markets its accounting services

25 under the same internationally recognized name under an agreement

26 with the worldwide coordinating organization.

27 (b) EMPLOYER PETITIONS.—(1) A visa may be granted to an alien apply28 ing to be classified as a nonimmigrant under subsection (a)(1)(A) of this

29 section only after the Attorney General approves a petition filed by the pro30 spective employer. The petition must be in the form and contain the infor31 mation the Attorney General prescribes. Before approving a petition, the At32 torney General shall consult with the heads of appropriate agencies. Ap33 proval of the petition does not establish by itself that the alien is a non34 immigrant.

35 (2) The Attorney General shall establish a procedure under which an em36 ployer that meets the requirements the Attorney General prescribes may file

37 a petition for more than one alien applying to be classified as a non38 immigrant under subsection (a)(1)(A) of this section instead of filing indi39 vidual petitions under paragraph (1) of this subsection for those aliens. The

40 procedure shall allow the expedited processing of visas for the entry of

41 aliens under such a petition.
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1 (3) The Attorney General shall provide for a procedure for reviewing and

2 acting on petitions filed under this subsection not later than 30 days after

3 the date a completed petition is filed.

4 (4) If a petition is filed and denied under this subsection, the Attorney

5 General shall notify the petitioner of the decision and the reasons for the

6 denial and the way in which the petitioner may appeal the decision.

7 (c) INTENTION TO ABANDON RESIDENCE IN A FOREIGN COUNTRY.—In

8 obtaining a visa or obtaining or maintaining the classification as a non9 immigrant under subsection (a)(1)(A) of this section, the fact that an alien

10 has applied for a classification under subchapter I of chapter 43 of this title

11 or otherwise has sought permanent residence in the United States is not

12 evidence of an intention to abandon a residence in a foreign country if the

13 alien has obtained a change of classification under section 9108 of this title

14 to a classification as such a nonimmigrant before the alien’s most recent

15 departure from the United States.

16 § 2318. Aliens with extraordinary ability or with distinction

17 in the arts, motion pictures, or television

18 (a) GENERAL.—An alien is classified as a nonimmigrant under this sec19 tion if the alien—

20 (1)(A)(i) has extraordinary ability in the sciences, education, busi21 ness, or athletics as demonstrated by sustained national or inter22 national acclaim;

23 (ii) is distinguished in the arts as demonstrated by sustained na24 tional or international acclaim; or

25 (iii) with regard to motion picture and television productions has

26 demonstrated a record of extraordinary achievement and whose achieve27 ments have been recognized in the field through extensive documenta28 tion; and

29 (B) is coming to the United States to continue work in that field

30 of extraordinary ability or distinction;

31 (2) has a residence in a foreign country that the alien has no inten32 tion of abandoning and—

33 (A) is coming to the United States temporarily and only to ac34 company and assist an alien classified under clause (1) of this sub35 section in the artistic or athletic performance for any specific

36 event;

37 (B) is an integral part of the actual performance; and

38 (C)(i) has critical skills and experience with the alien admitted

39 under clause (1) of this section that are not general in nature and

40 that cannot be performed by other individuals; or
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1 (ii) for a motion picture or television production, has skills and

2 experience with the alien admitted under clause (1) of this sub3 section that are not general in nature and are critical because of

4 a longstanding working relationship or, for a specific production,

5 because significant production (including pre-production and post6 production work) will take place both inside and outside the Unit7 ed States and the continuing participation of the alien described

8 by this clause is essential to the successful completion of the pro9 duction; or

10 (3) is the spouse or child of an alien described by clause (1) or (2)

11 of this subsection if accompanying or following to join the alien.

12 (b) PERIOD OF ADMISSION.—An alien classified as a nonimmigrant under

13 this section may be admitted for the period the Attorney General specifies

14 to provide for any event for which the nonimmigrant is admitted.

15 (c) EMPLOYER PETITIONS.—(1) A visa may be granted to an alien apply16 ing to be classified as a nonimmigrant under subsection (a)(1) or (2) of this

17 section only after the Attorney General approves a petition filed by the pro18 spective employer. The petition must be in the form and contain the infor19 mation the Attorney General prescribes. Before approving a petition, the At20 torney General shall consult with the heads of appropriate agencies. Ap21 proval of the petition does not establish by itself that the alien is a non22 immigrant.

23 (2) If a petition is filed and denied under this subsection, the Attorney

24 General shall notify the petitioner of the decision and the reasons for the

25 denial and the way in which the petitioner may appeal the decision.

26 (d) CONSULTATION REQUIREMENTS.—The Attorney General may approve

27 a petition under subsection (c)(1) of this section only after the petitioner

28 satisfies the consultation requirements of section 2352 of this title.

29 § 2319. Athletes and entertainers

30 (a) GENERAL.—An alien is classified as a nonimmigrant under this sec31 tion if the alien—

32 (1) has a residence in a foreign country that the alien has no inten33 tion of abandoning who—

34 (A)(i) performs as an athlete, individually or as a member of

35 a group or team, at an internationally recognized level of perform36 ance; and

37 (ii) is coming to the United States temporarily and only to per38 form as an athlete for a specific athletic competition;

39 (B)(i) performs with, or is an integral and essential part of the

40 performance of, an entertainment group that, except as provided

41 by section 2353(b)(1)(A) of this title, has been recognized inter-
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1 nationally as being outstanding in the discipline for a sustained

2 and substantial period of time;

3 (ii) if a performer or entertainer, except as provided by section

4 2353(b)(1)(B) and (2) of this title, has had a sustained and sub5 stantial relationship with that group (ordinarily for at least one

6 year) and performs functions integral to the performance of the

7 group; and

8 (iii) is coming to the United States temporarily and only to per9 form as such a performer or entertainer or as an integral and es10 sential part of a performance;

11 (C)(i) performs as an artist or entertainer, individually or as a

12 member of a group, or is an integral part of the performance of

13 that group; and

14 (ii) is coming to the United States temporarily and only to per15 form as such an artist or entertainer or with that group under a

16 reciprocal exchange program between an organization in the Unit17 ed States and an organization in a foreign country that provides

18 for the temporary exchange of artists and entertainers; or

19 (D)(i) performs as an artist or entertainer, individually or as a

20 member of a group, or is an integral part of the performance of

21 that group; and

22 (ii) is coming to the United States temporarily and only to per23 form, teach, or coach as such an artist or entertainer or with that

24 group under a commercial or non-commercial program that is cul25 turally unique; or

26 (2) is the spouse or child of an alien described by clause (1) of this

27 section if accompanying or following to join the alien.

28 (b) PERIOD OF ADMISSION.—(1) Except as provided by paragraph (2) of

29 this subsection, an alien classified as a nonimmigrant under this section

30 may be admitted for the period the Attorney General specifies in order to

31 provide for any competition, event, or performance for which the non32 immigrant is admitted.

33 (2) An alien classified as a nonimmigrant under this section and admitted

34 as an individual athlete may be admitted for an initial period of not more

35 than 5 years during which the nonimmigrant will perform as an athlete. The

36 Attorney General may extend that period for an additional period of not

37 more than 5 years.

38 (c) PETITIONS.—(1) A person may petition the Attorney General for clas39 sification of an alien as a nonimmigrant under this section.

40 (2) A visa may be granted to an alien applying to be classified as a non41 immigrant under subsection (a)(1)(A) or (B) of this section only after the
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1 Attorney General approves a petition filed by the prospective employer. The

2 petition must be in the form and contain the information the Attorney Gen3 eral prescribes. Before approving a petition, the Attorney General shall con4 sult with the heads of appropriate agencies. Approval of the petition does

5 not establish by itself that the alien is a nonimmigrant.

6 (3) 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 (d) CONSULTATION REQUIREMENTS.—The Attorney General may approve

10 a petition under subsection (c) of this section only after the petitioner satis11 fies the consultation requirements of section 2353 of this title.

12 § 2320. Participants in international exchange programs

13 An alien is classified as a nonimmigrant under this section if the alien—

14 (1) has a residence in a foreign country that the alien has no inten15 tion of abandoning;

16 (2) is coming to the United States for a period of not more than

17 15 months to participate in an international cultural exchange program

18 approved by the Attorney General that provides practical training, em19 ployment, and the sharing of history, culture, and traditions of the for20 eign country of the alien’s nationality; and

21 (3) will be employed for the same wages and under the same working

22 conditions as United States workers.

23 § 2321. Aliens in religious occupations

24 An alien is classified as a nonimmigrant under this section if the alien—

25 (1)(A) for the 2 years immediately before the alien’s application for

26 admission, has been a member of a religious denomination that has a

27 nonprofit religious organization in the United States; and

28 (B) is coming to the United States for a period of not more than

29 5 years to perform work described by section 137(a)(3)(ii)(I), (II), or

30 (III) of this title; or

31 (2) is the spouse or child of an alien described by clause (1) of this

32 section if accompanying or following to join the alien.

33 § 2322. Participants in cooperative research, development,

34 and coproduction projects

35 (a) GENERAL.—On a reciprocal basis, an alien is classified as a non36 immigrant under this section if the alien—

37 (1)(A) has a residence in a foreign country that the alien has no in38 tention of abandoning; and

39 (B) is coming to the United States for not more than 10 years to

40 provide services of an exceptional nature requiring merit and ability re41 lated to a cooperative research and development project or a
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1 coproduction project provided under a government-to-government

2 agreement carried out by the Secretary of Defense; or

3 (2) is the spouse or child of an alien described by clause (1) of this

4 section if accompanying or following to join the alien.

5 (b) NUMERICAL LIMITATION.—Not more than 100 aliens classified as

6 nonimmigrants under this section may be admitted to the United States at

7 any time.

8 § 2323. Participants in special education programs

9 (a) GENERAL.—An alien is classified as a nonimmigrant under this sec10 tion if the alien—

11 (1)(A) has a residence in a foreign country that the alien has no in12 tention of abandoning; and

13 (B) is coming to the United States for not more than 18 months

14 to participate in a special education training program that provides

15 practical training and experience in educating children with physical,

16 mental, or emotional disabilities; or

17 (2) is the spouse or child of an alien described by clause (1) of this

18 section if accompanying or following to join the alien.

19 (b) NUMERICAL LIMITATION.—Not more than 50 aliens classified as

20 nonimmigrants under this section may be admitted to the United States in

21 a fiscal year.

22 § 2324. Relatives of special immigrants

23 An alien is classified as a nonimmigrant under this section if the alien

24 is—

25 (1) the parent of an alien who is a special immigrant as defined by

26 section 137(a)(9) of this title, but only when the alien is a child; or

27 (2) a child of—

28 (A) a parent described by clause (1) of this section; or

29 (B) an alien who is a special immigrant as defined by section

30 137(a)(10) or (11) of this title.

31 § 2325. Registered nurses

32 (a) DEFINITION.—In this section, ‘‘facility’’ includes an employer that

33 employs registered nurses in a home setting.

34 (b) GENERAL.—An alien is classified as a nonimmigrant under this sec35 tion if the alien—

36 (1)(A) is coming to the United States temporarily to perform serv37 ices as a registered nurse;

38 (B) has obtained a full and unrestricted license to practice profes39 sional nursing in the foreign country in which the alien obtained nurs40 ing education or has received nursing education in the United States

41 or Canada;
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1 (C) has passed an appropriate examination (recognized in regula2 tions prescribed in consultation with the Secretary of Health and

3 Human Services) or has a full and unrestricted license under State law

4 to practice professional nursing in the State of intended employment;

5 (D) is fully qualified and eligible under the laws (including tem6 porary licensing requirements authorizing the nurse to be employed)

7 governing the place of intended employment to engage in the practice

8 of professional nursing as a registered nurse immediately on admission

9 to the United States and is authorized under those laws to be employed

10 by the facility; and

11 (E) is one for whom the Secretary of Labor has certified to the At12 torney General that each facility (including the petitioner under sub13 section (c)(1) of this section and each worksite, except a private house14 hold worksite, that is not the alien’s employer or controlled by the em15 ployer) at which the alien will perform the services has an attestation

16 on file and in effect under section 2902 of this title; or

17 (2) is the spouse or child of an alien described by clause (1) of this

18 subsection if accompanying or following to join the alien.

19 (c) EMPLOYER PETITIONS.—(1) A visa may be granted to an alien apply20 ing to be classified as a nonimmigrant under subsection (b)(1) of this sec21 tion only after the Attorney General approves a petition filed by the pro22 spective employer. The Attorney General may approve a petition filed under

23 this section only if the petition is filed during the period from September

24 1, 1990, through August 31, 1995. The petition must be in the form and

25 contain the information the Attorney General prescribes. Before approving

26 a petition, the Attorney General shall consult with the heads of appropriate

27 agencies. Approval of a petition does not establish by itself that the alien

28 is a nonimmigrant.

29 (2) If a petition is filed and denied under this subsection, the Attorney

30 General shall notify the petitioner of the decision and the reasons for the

31 denial and the way in which the petitioner may appeal the decision.

32 (d) PERIOD OF ADMISSION.—An alien classified as a nonimmigrant under

33 this section may be admitted for an initial period of not more than 3 years.

34 The initial period may be extended for one or more periods, but the total

35 period of admission may not be more than 5 years (or 6 years if the Attor36 ney General decides there are extraordinary circumstances).

37 (e) INTENTION TO ABANDON RESIDENCE IN A FOREIGN COUNTRY.—In

38 obtaining a visa or obtaining or maintaining the classification as a non39 immigrant under this section, the fact that an alien has applied for a classi40 fication under subchapter I of chapter 43 of this title or otherwise has

41 sought permanent residence in the United States is not evidence of an in-
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1 tention to abandon a residence in a foreign country if the alien has obtained

2 a change of classification under section 9108 to a classification as such a

3 nonimmigrant before the alien’s most recent departure from the United

4 States.

5 SUBCHAPTER II—SPECIAL REQUIREMENTS

6 § 2351. Employer applications for aliens employed tempo7 rarily in specialty occupations or as fashion mod8 els

9 (a) GENERAL.—An alien may be classified and admitted to the United

10 States as a nonimmigrant under section 2313(a)(1) or (2) of this title only

11 if the employer files an application with the Secretary of Labor stating the

12 following:

13 (1) The employer—

14 (A) during the period of authorized employment, is offering and

15 will offer the alien classified or admitted as a nonimmigrant under

16 section 2313(a)(1) or (2) of this title wages that, based on the

17 best information available at the time the application is filed, are

18 at least the greater of—

19 (i) the actual wage level paid by the employer to all other

20 individuals with similar experience and qualifications for the

21 specific employment in question; or

22 (ii) the prevailing wage level of the occupational classifica23 tion in the area of employment; and

24 (B) will provide working conditions for the nonimmigrant that

25 will not adversely affect the working conditions of workers simi26 larly employed.

27 (2) There is no strike or lockout during a labor dispute in the occu28 pational classification at the place of employment.

29 (3) At the time the application was filed, the employer—

30 (A) provided notice of the filing of an application under this

31 subsection to the bargaining representative of the employer’s em32 ployees in the occupational classification and area for which aliens

33 are sought; or

34 (B) if there is no bargaining representative, posted notice of the

35 filing in conspicuous locations at the place of employment.

36 (4) There is a specification of the number of workers sought, the oc37 cupational classification in which the workers will be employed, and

38 wage rate and conditions under which they will be employed.

39 (b) PUBLIC AVAILABILITY OF APPLICATIONS AND APPLICATION LISTS.—

40 (1) Not later than one working day after the date on which an application

41 under this subsection is filed, the employer shall make available for public
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1 examination at the employer’s principal place of business or worksite a copy

2 of each application filed under subsection (a) of this section and necessary

3 accompanying documentation.

4 (2) On a current basis and by employer and occupational classification,

5 the Secretary shall compile a list of the applications filed. That list shall

6 include the wage rate, number of aliens sought, period of intended employ7 ment, and the date of need. The Secretary shall make that list available for

8 public examination in the District of Columbia.

9 (c) SECRETARIAL REVIEW OF APPLICATIONS.—The Secretary shall re10 view an application only for completeness and obvious inaccuracies. Unless

11 the Secretary finds that the application is incomplete or obviously inac12 curate, the Secretary shall make the certification described by section

13 2313(a)(1)(B) or (2)(B) of this title not later than 7 days after the date

14 the application is filed.

15 (d) FAILURE TO MEET APPLICATION CONDITIONS AND MISREPRESENTA16 TIONS.—(1) The Secretary shall establish a procedure for receiving, inves17 tigating, and disposing of complaints about a petitioner’s failure to meet a

18 condition specified by an application submitted under subsection (a) of this

19 section or a petitioner’s misrepresentation of a material fact in that applica20 tion. An adversely affected person (including a bargaining representative)

21 may file a complaint under this subsection but the complaint must be filed

22 not later than 12 months after the date of the failure or misrepresentation.

23 The Secretary shall conduct an investigation as provided by this subsection

24 if there is reasonable cause to believe that a failure or misrepresentation has

25 occurred.

26 (2) Not later than 30 days after the date a complaint is filed, the Sec27 retary shall decide whether a reasonable basis exists to make a finding

28 under paragraph (3) or (4) of this subsection. If the Secretary decides that

29 a reasonable basis exists, the Secretary shall provide interested parties no30 tice and an opportunity for a hearing under section 556 of title 5 about

31 the complaint not later than 60 days after deciding that a reasonable basis

32 exists. If a hearing is requested, the Secretary shall make a finding about

33 the complaint not later than 60 days after the date of the hearing. The Sec34 retary may consolidate hearings on similar complaints about the same appli35 cant.

36 (3) If the Secretary finds, after notice and an opportunity for a hearing

37 under paragraph (2) of this subsection, that there has been a failure to

38 meet a condition of subsection (a)(2) of this section, a substantial failure

39 to meet a condition described by subsection (a)(3) or (4) of this section, a

40 willful failure to meet a condition of subsection (a)(1) of this section, or

41 misrepresentation of a material fact in an application—
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1 (A) the Secretary shall notify the Attorney General of that finding

2 and may impose administrative remedies the Secretary decides are ap3 propriate, including a penalty of not more than $1,000 for each viola4 tion; and

5 (B) the Attorney General may not approve a petition filed by the em6 ployer under section 2352 of this title or subchapter I of chapter 43

7 for at least one year.

8 (4) If the Secretary finds after notice and an opportunity for a hearing

9 under paragraph (2) of this subsection that an employer has not paid wages

10 at the wage level specified under the application and required under sub11 section (a)(1) of this section, the Secretary shall order the employer to pro12 vide back pay required to comply with subsection (a)(1) in addition to any

13 other penalty imposed under paragraph (3) of this subsection.

14 § 2352. Advisory opinions for aliens with extraordinary abil15 ity or with distinction in the arts, motion pictures,

16 or television

17 (a) GENERAL REQUIREMENTS.—(1) The Attorney General may approve

18 a petition—

19 (A) for an alien applying to be classified as a nonimmigrant under

20 section 2318(a)(1)(A)(i) or (ii) of this title, only after the petitioner

21 consults with a peer group or other person (including a labor organiza22 tion) the alien chooses with expertise in the specific field involved by

23 submitting with the petition an advisory opinion from that group or

24 person;

25 (B) for an alien applying to be classified as a nonimmigrant under

26 section 2318(a)(2)(A)–(C)(i) of this title, only after the petitioner

27 consults with a labor organization with expertise in the area of the

28 skills and experience involved by submitting with the petition with an

29 advisory opinion from that labor organization; or

30 (C) for an alien applying to be classified as a nonimmigrant under

31 section 2318(a)(1)(A)(iii) or (2)(C)(ii) of this title for a motion picture

32 or television production, after consulting with the appropriate labor or33 ganization representing the alien’s occupational peers and a manage34 ment organization in the area of the alien’s ability.

35 (2) An opinion by a labor organization about an alien referred to in para36 graph (1)(C) of this subsection trying to enter the United States for a mo37 tion picture or television production is advisory only. An opinion rec38 ommending denial of an application for that alien must be in writing. In

39 making a decision on the petition, the Attorney General shall consider the

40 exigencies and scheduling of the production. The Attorney General shall at41 tach any advisory opinion to that decision.
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1 (3)(A) If a petitioner does not submit an advisory opinion from the ap2 propriate labor organization as required by paragraph (1)(A) or (B) of this

3 subsection, the Attorney General shall forward a copy of the petition and

4 supporting documents to the national office of an appropriate labor organi5 zation not later than 5 days after receiving the petition. If the employer’s

6 employees in the occupational classification for which the alien is being

7 sought have a collective bargaining representative, that representative is the

8 appropriate labor organization.

9 (B) A person or organization receiving a copy of a petition as provided

10 by subparagraph (A) of this paragraph has not more than 15 days after

11 receiving the petition to submit a written advisory opinion or provide a let12 ter stating that the person or organization has no objection. At the end of

13 the 15-day period, the Attorney General shall give the petitioner an oppor14 tunity, when appropriate, to provide rebuttal evidence. The Attorney Gen15 eral shall act on the petition not later than 14 days after the end of the

16 15-day period, or if rebuttal evidence is provided, not later than 14 days

17 after receiving that evidence. The Attorney General may shorten a time pe18 riod under this paragraph for emergency reasons unless the shorter period

19 is an unreasonable burden on a participant in the process.

20 (4) If a petitioner referred to in paragraph (1)(A) or (B) of this sub21 section establishes that an appropriate peer group (including a labor organi22 zation) does not exist, the Attorney General shall act on the petition without

23 requiring an advisory opinion.

24 (5) The Attorney General shall prescribe regulations to establish expe25 dited consultation procedures for nonimmigrant—

26 (A) artists and entertainers described by section 2318 of this title

27 to accommodate the exigencies and scheduling of a given production or

28 event; and

29 (B) athletes described by section 2318(a)(1) of this title in the case

30 of emergency circumstances, including trades during a season.

31 (6) Consultation with a nongovernmental entity does not authorize the

32 Attorney General to delegate authority under this subsection to a non33 governmental entity. The Attorney General shall give advisory opinions

34 under this subsection the weight the Attorney General decides, in the Attor35 ney General’s sole discretion, is appropriate.

36 (b) WAIVERS.—The Attorney General shall prescribe regulations to pro37 vide for the waiver of the consultation requirement under subsection

38 (a)(1)(A) of this section for an alien admitted as a nonimmigrant under sec39 tion 2318(a)(1)(A)(ii) of this title because of distinction in the arts and who

40 is trying to be readmitted to perform similar services within 2 years after

41 the date of a consultation under subsection (a)(1)(A) of this section. Not
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1 later than 5 days after a waiver is provided, the Attorney General shall for2 ward a copy of the petition and supporting documents to the national office

3 of the appropriate labor organization.

4 § 2353. Advisory opinions for athletes and entertainers

5 (a) GENERAL REQUIREMENTS.—(1) The Attorney General may approve

6 a petition for an alien applying to be classified as a nonimmigrant—

7 (A) under section 2319(a)(1)(A), (B), or (D) of this title, only after

8 the petitioner consults with a labor organization with expertise in the

9 specific field of athletics or entertainment involved by submitting with

10 the petition an advisory opinion from that labor organization; or

11 (B) under section 2319(a)(1)(C) of this title, only after consultation

12 with labor organizations representing artists and entertainers in the

13 United States.

14 (2) If a petitioner does not submit an advisory opinion from the appro15 priate labor organization required by paragraph (1)(A) of this subsection,

16 the Attorney General shall forward a copy of the petition and supporting

17 documents to the national office of an appropriate labor organization not

18 later than 5 days after receiving the petition. If the employer’s employees

19 in the occupational classification for which the alien is being sought have

20 a collective bargaining representative, that representative is the appropriate

21 labor organization.

22 (3) A person or organization receiving a copy of a petition as provided

23 by paragraph (2) of this subsection has not more than 15 days after receiv24 ing the petition to submit a written advisory opinion or provide a letter stat25 ing that the person or organization has no objection. At the end of the 15-

26 day period, the Attorney General shall give the petitioner an opportunity,

27 when appropriate, to provide rebuttal evidence. The Attorney General shall

28 act on the petition not later than 14 days after the end of the 15-day pe29 riod, or if rebuttal evidence is provided, not later than 14 days after receiv30 ing that evidence. The Attorney General may shorten a time period under

31 this paragraph for emergency reasons unless the shorter period is an unrea32 sonable burden on a participant in the process.

33 (4) If a petitioner referred to in paragraph (1)(A) of this subsection es34 tablishes that an appropriate peer group (including a labor organization)

35 does not exist, the Attorney General shall act on the petition without requir36 ing an advisory opinion.

37 (5) The Attorney General shall prescribe regulations to establish expe38 dited consultation procedures for nonimmigrant—

39 (A) artists and entertainers under section 2319 of this title to ac40 commodate the exigencies and scheduling of a given production or

41 event; and
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1 (B) athletes described by section 2319(a)(1)(A) of this title in the

2 case of emergency circumstances, including trades during a season.

3 (6) Consultation with a nongovernmental entity does not authorize the

4 Attorney General to delegate authority under this subsection to a non5 governmental entity. The Attorney General shall give advisory opinions

6 under this subsection the weight the Attorney General decides, in the Attor7 ney General’s sole discretion, is appropriate.

8 (b) WAIVERS AND NONAPPLICATION.—(1) The Attorney General may

9 waive—

10 (A) in consideration of special circumstances, the international rec11 ognition requirement of section 2319(a)(1)(B)(i) of this title for an en12 tertainment group that is recognized nationally as being outstanding in

13 its discipline for a sustained and substantial period of time; and

14 (B) the one-year relationship requirement of section

15 2319(a)(1)(B)(ii) of this title for an alien who—

16 (i) replaces an essential member of the group, because of illness

17 or unanticipated or exigent circumstances; or

18 (ii) augments the group by performing a critical role.

19 (2) The one-year relationship requirement of section 2319(a)(1)(B)(ii) of

20 this title does not apply to 25 percent of the performers in a group.

21 (3) The requirements of section 2319(a)(1)(B)(i) and (ii) of this title do

22 not apply to an alien who performs as part of a circus or circus group or

23 who is an integral and essential part of the performance of that circus or

24 group, but only if the alien is coming to the United States to join a circus

25 that has been recognized nationally as outstanding for a sustained and sub26 stantial period of time or as part of such a circus.

27 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.

28 § 2501. Definitions

29 In this chapter—

30 (1) ‘‘temporary agricultural worker’’ means a nonimmigrant de31 scribed by section 2314 of this title.
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1 (2) ‘‘United States worker’’ means an individual who is not an unau2 thorized alien (as defined by section 11101 of this title) with respect

3 to particular employment.

4 § 2502. Certification requirements

5 (a) REQUIREMENTS.—The Attorney General may approve a petition filed

6 under section 2314 of this title by a prospective employer of an alien apply7 ing to be classified as a temporary agricultural worker only if the Secretary

8 of Labor, on application by the employer, has certified that—

9 (1) there are not sufficient United States workers who are able, will10 ing, and qualified, and who will be available at the time and place need11 ed, to perform the labor or services described by the petition; and

12 (2) employment of the alien to provide the labor or services will not

13 affect adversely the wages and working conditions of United States

14 workers similarly employed.

15 (b) REGULATIONS.—The Secretary shall prescribe regulations based on

16 findings in furtherance of the policy that aliens be admitted as temporary

17 agricultural workers only if the conditions specified by subsection (a) of this

18 section are satisfied.

19 § 2503. Applications for certification

20 (a) DEADLINE FOR FILING.—The Secretary of Labor may not require

21 that an application for a certification under this chapter be filed more than

22 60 days before the first date the employer requires the labor or services of

23 a temporary agricultural worker.

24 (b) NOTICE OF DEFICIENCIES.—If an application does not meet the con25 ditions for issuing a certification (except the conditions specified by section

26 2502(a)(1) of this title), the Secretary shall—

27 (1) notify the employer in writing not later than 7 days after the

28 application is filed, giving the reasons the application does not meet the

29 conditions; and

30 (2) allow the employer to submit promptly an amended application.

31 (c) FEE.—The Secretary may prescribe by regulation a fee to cover the

32 reasonable costs of processing an application for certification.

33 § 2504. Conditions for issuing certifications

34 Not later than 20 days before the labor or services are first required, the

35 Secretary of Labor shall issue a certification if the following conditions are

36 met:

37 (1) The conditions specified by section 2502(a) of this title are met.

38 (2) The employer has complied with the requirements for certifi39 cation, including requirements the Secretary prescribes for recruiting

40 United States workers.
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1 (3) The Secretary concludes that the employer has made positive re2 cruitment efforts within a multi-State region of traditional or expected

3 labor supply in which the Secretary finds there are a significant num4 ber of qualified United States workers who, if recruited, would be will5 ing to work at the time and place needed. Positive recruitment under

6 this paragraph is in addition to, and shall be conducted within the

7 same time period as, the circulation of the employer’s job offer through

8 the interstate employment service system. The requirement to engage

9 in positive recruitment ends on the date the temporary agricultural

10 workers depart for the employer’s place of employment.

11 (4) The employer does not have, or has not been provided with refer12 rals of, qualified United States workers who have indicated their avail13 ability to perform the labor or services on the terms of a job offer

14 meeting the Secretary’s requirements. In considering whether a specific

15 qualification in a job offer is appropriate, the Secretary shall apply the

16 normal and accepted qualifications required by employers not employ17 ing temporary agricultural workers in the same or comparable occupa18 tions and crops.

19 (5) The employer has provided the Secretary with satisfactory assur20 ances that if the employment for which the certification is sought is

21 not covered by a State workers’ compensation law, the employer will

22 provide, at no cost to the worker, insurance covering injury and disease

23 arising out of and during the worker’s employment that will provide

24 benefits at least equal to those provided under the State workers’ com25 pensation law for comparable employment.

26 (6) There is no strike or lockout during a labor dispute that, under

27 regulations prescribed by the Secretary, precludes the certification.

28 (7) The employer employed temporary agricultural workers during

29 the prior 2 years, and the Secretary has decided, after notice and an

30 opportunity for a hearing on the record, that the employer during that

31 period did not substantially violate a material condition of the certifi32 cation related to the employment of nonimmigrant or United States

33 workers. The Secretary may decide not to approve a certification for

34 not more than 3 years for an employer who commits a violation de35 scribed by this paragraph.

36 § 2505. Associations of agricultural producers

37 (a) PERMITTED FILINGS.—An association of agricultural producers using

38 agricultural services may file—

39 (1) a petition under section 2314 of this title for an alien applying

40 to be classified as a temporary agricultural worker; and

41 (2) an application for a certification under this chapter.
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1 (b) ASSOCIATIONS ACTING AS EMPLOYERS.—If an association referred to

2 in subsection (a) of this section is the joint or sole employer of a temporary

3 agricultural worker, a certification granted under this chapter to the asso4 ciation may be used for the certified job opportunities of any of the mem5 bers of the association. The worker may be transferred among the members

6 to perform agricultural services of a temporary or seasonal nature for which

7 the certification was granted.

8 (c) EFFECT OF VIOLATIONS.—(1) If the Secretary of Labor has decided

9 that a member of an association that is a joint employer of a temporary

10 agricultural worker has committed an act resulting in a decision by the Sec11 retary not to approve a certification of the member under section 2504(7)

12 of this title, the decision applies only to that member unless the Secretary

13 decides that the association or another member participated in, or knew or

14 had reason to know of, the violation.

15 (2) If the Secretary has decided that an association that is a joint em16 ployer has committed an act resulting in a decision by the Secretary not

17 to approve a certification of the association under section 2504(7) of this

18 title, the decision applies only to the association unless the Secretary decides

19 that a member participated in, or knew or had reason to know of, the viola20 tion.

21 (3) If the Secretary has decided that an association, certified as the sole

22 employer of a temporary agricultural worker, has committed an act result23 ing in a decision by the Secretary not to approve a certification of the asso24 ciation under section 2504(7) of this title, a member of the association, dur25 ing the period the decision is in effect, may not be the beneficiary of the

26 services of temporary agricultural workers in the commodity and occupation

27 in which the worker was employed by the association whose certification was

28 not approved, unless the member employs the workers in the commodity and

29 occupation directly or through an association that is a joint employer of the

30 workers with the member.

31 § 2506. Housing

32 (a) REQUIREMENT.—An employer shall provide housing for temporary

33 agricultural workers as provided by regulations prescribed by the Secretary

34 of Labor.

35 (b) REGULATIONS.—(1) Regulations prescribed under this section shall

36 allow the employer, at the employer’s option, to provide housing meeting ap37 plicable standards of the United States Government for temporary labor

38 camps or to secure housing that meets applicable local standards for rental

39 or public accommodations or other substantially similar class of habitation.

40 In the absence of applicable local standards, State standards for those ac41 commodations or that class of habitation shall apply. In the absence of ap-
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1 plicable local and State standards, standards of the Government for tem2 porary labor camps shall apply.

3 (2) The regulations shall include specific requirements about housing for

4 employees principally engaged in the range production of livestock.

5 (3) When the prevailing practice in the area and occupation of intended

6 employment is to provide family housing, the employer shall provide family

7 housing to workers with families requesting it.

8 (c) EXCEPTION.—This section does not require an employer to provide

9 housing for workers not entitled to it under the temporary labor certifi10 cation regulations in effect on June 1, 1986.

11 § 2507. Expedited administrative review

12 (a) PROCEDURE FOR EXPEDITED REVIEW.—Regulations prescribed by

13 the Secretary of Labor under this chapter shall provide for an expedited

14 procedure for a review of a decision of the Secretary not to approve or to

15 revoke a certification or, at the applicant’s request, a de novo administrative

16 hearing on the record on the decision.

17 (b) DECISIONS ON AVAILABILITY OF UNITED STATES WORKERS.—(1)

18 The Secretary shall make a new decision about an application for certifi19 cation under this chapter expeditiously, but not later than 72 hours after

20 the time the new decision is requested, if the certification originally was not

21 approved in any part because of the availability of able, willing, and quali22 fied United States workers and they are not available at the time the labor

23 or services are needed.

24 (2) An employer asserting that a United States worker referred to the

25 employer is not able, willing, or qualified has the burden of proving that

26 the worker is not able, willing, or qualified because of employment-related

27 reasons.

28 § 2508. Disqualification of aliens for violating conditions of

29 prior admission

30 An alien may not be admitted to the United States as a temporary agri31 cultural worker if, during the prior 5 years, the alien was admitted as a

32 temporary agricultural worker and violated a term of that admission.

33 § 2509. Enforcement authority of the Secretary of Labor

34 The Secretary of Labor may take actions necessary to ensure that em35 ployers comply with the terms of employment under this chapter, includ36 ing—

37 (1) imposing appropriate penalties; and

38 (2) seeking appropriate equitable relief, including specific perform39 ance of contractual obligations.
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1 § 2510. Endorsement of entry and exit documentation

2 The Attorney General shall provide for the endorsement of entry and exit

3 documentation of temporary agricultural workers necessary to carry out this

4 chapter and to provide notice under chapter 111 of this title.

5 § 2511. Preemption of State and local law

6 This chapter and sections 2101 and 2314 of this title preempt State and

7 local law regulating the admissibility of nonimmigrant workers.

8 § 2512. Biennial reports

9 (a) REPORTING REQUIREMENT.—Not later than November 6 of each

10 even-numbered year, the President shall submit a report on the temporary

11 agricultural worker program under this chapter to the Committees on the

12 Judiciary of the Senate and the House of Representatives. The report shall

13 include—

14 (1) the number of temporary agricultural workers permitted to be

15 employed under the program in each year;

16 (2) the compliance of employers and temporary agricultural workers

17 with the terms of the program;

18 (3) the impact of the program on the labor needs of United States

19 agricultural employers and on the wages and working conditions of

20 United States agricultural workers; and

21 (4) recommendations for changing the program, including—

22 (A) improving the timeliness of decisions about the admission

23 of temporary agricultural workers under the program;

24 (B) removing any economic disincentive to hiring United States

25 workers for jobs for which temporary agricultural workers have

26 been requested;

27 (C) improving cooperation among government agencies, employ28 ers, employer associations, workers, unions, and other worker as29 sociations to end the dependence of any industry on a constant

30 supply of temporary agricultural workers; and

31 (D) the relative benefits to United States workers and burdens

32 on employers of the policy of requiring employers, as a condition

33 for certification under the program, to continue to accept qualified

34 United States workers for employment after the date the tem35 porary agricultural workers depart for work with the employer.

36 (b) RECOMMENDATIONS CONSISTENT WITH POLICY.—The recommenda37 tions under subsection (a)(4)(D) of this section shall be made in furtherance

38 of the policy that aliens be admitted as temporary agricultural workers only

39 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.

2722. General.

2723. Prevailing practice.

2724. Reciprocity.

2725. Longshore work in Alaska.

2726. Relationship to other laws and application.

21 SUBCHAPTER I—GENERAL

22 § 2701. Providing lists

23 (a) ON ARRIVAL.—Except as provided by 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 by 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 connnecting 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 GRANT PERMITS.—Under regulations the Attorney

34 General prescribes, an immigration officer may grant 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 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 granted 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 granted 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) granted 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 Unit3 ed States, or that the master or commanding officer of the vessel or aircraft

4 reported the crewmember as a deserter, is prima facie evidence of the failure

5 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 pay

39 of the crewmember. The vessel or aircraft may be cleared only after the

40 costs are paid or payment is guaranteed and the Secretary of the Treasury

41 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

16 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;

20 (B) operating cargo-related equipment; and

21 (C) handling mooring lines on the dock when the vessel is made

22 fast or let go; but

23 (2) does not include loading or unloading cargo for which the Sec24 retary of Transportation has prescribed regulations under section 311

25 of the Federal Water Pollution Control Act (33 U.S.C. 1321), chapter

26 37 of title 46, section 105 or 106 of the Hazardous Materials Trans27 portation Act (49 App. U.S.C. 1804, 1805), or section 4106 of the Oil

28 Pollution Act of 1990 (Public Law 101–380, 104 Stat. 513) on—

29 (A) handling or stowing that cargo;

30 (B) manning, and the duties, qualifications, and training of the

31 officers and crewmembers of, vessels transporting that cargo; and

32 (C) reducing or eliminating discharge during ballasting, tank

33 cleaning, or handling of that cargo.

34 § 2722. General

35 An alien crewmember may perform longshore work only as provided by

36 section 2723, 2724, or 2725 of this title.

37 § 2723. Prevailing practice

38 (a) GENERAL.—(1) An alien crewmember performing a particular activity

39 of longshore work in or around a port is serving in a capacity required for

40 normal operation and service on a vessel under section 2305(a) of this title

41 if—
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1 (A) each collective bargaining agreement for that port covering at

2 least 30 percent of the employees performing longshore work allows

3 that activity to be performed by alien crewmembers; or

4 (B)(i) there is no collective bargaining agreement for the port cover5 ing at least 30 percent of the employees performing longshore work;

6 and

7 (ii) except as provided by paragraph (2) of this subsection, an em8 ployer of the alien crewmember or the employer’s designated represent9 ative files an attestation described by subsection (b)(1) of this section

10 with the Secretary of Labor at least 14 days before the date the activ11 ity will be performed or, if necessary because of an unanticipated emer12 gency, not later than the date the activity will be performed.

13 (2) An employer must file an attestation under paragraph (1)(B)(ii) of

14 this subsection for a particular activity of longshore work involving the use

15 of an automated self-loading conveyor belt or vacuum-actuated system on

16 a vessel only if the Secretary finds under subsection (f)(2) of this section

17 that the activity is not an activity described by subsection (b)(1)(A) of this

18 section.

19 (b) ATTESTATION REQUIREMENTS.—(1) The attestation filed with the

20 Secretary under subsection (a) of this section shall provide evidence that—

21 (A) the performance of the particular activity of longshore work by

22 an alien crewmember is allowed under the prevailing practice at the

23 port at the time of the filing and that the alien crewmember is not

24 being employed for that activity—

25 (i) during a strike or lockout in a labor dispute; or

26 (ii) to influence an election of a bargaining representative for

27 employees in the port; and

28 (B) the owner, agent, master, commanding officer, or consignee has

29 given notice of the attestation—

30 (i) to the bargaining representative of longshore workers at the

31 port; or

32 (ii) if there is no bargaining representative, to the longshore

33 workers employed at the port.

34 (2) An attestation—

35 (A) expires at the end of the one-year period beginning on the date

36 it is filed under subsection (a) of this section; and

37 (B) applies to alien crewmembers arriving in the United States dur38 ing that period if the owner, agent, master, commanding officer, or

39 consignee states in each list provided under section 2701 of this title

40 that the employer continues to comply with the conditions in the attes41 tation.
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1 (3) An owner, agent, master, commanding officer, or consignee may pro2 vide a single list under section 2701 of this title to meet the requirements

3 of paragraph (2)(B) of this subsection for more than one alien crewmember.

4 (c) PUBLIC INFORMATION.—The Secretary shall compile and make avail5 able for public examination in a timely way in the District of Columbia—

6 (1) information identifying each owner, agent, master, commanding

7 officer, and consignee that has filed a list under section 2701 of this

8 title for an alien crewmember classified as a nonimmigrant under sec9 tion 2305(a) of this title for whom an attestation under subsection (a)

10 of this section or section 2725(b) of this title is filed; and

11 (2) for each employer a copy of—

12 (A) the attestation and accompanying documentation; and

13 (B) each list filed for the employer under section 2701 of this

14 title and described by clause (1) of this subsection.

15 (d) COMPLAINTS.—(1) Any adversely affected person, including a bar16 gaining representative, association the Secretary decides is appropriate, or

17 other adversely affected person as provided under regulations of the Sec18 retary, may file a complaint—

19 (A) about an employer’s failure to meet conditions stated in an attes20 tation filed under subsection (a) of this section;

21 (B) about an employer’s misrepresentation of a material fact in the

22 attestation; or

23 (C) for longshore work described by subsection (a)(2) of this section,

24 that the particular activity of longshore work is not an activity de25 scribed by subsection (b)(1)(A) of this section.

26 (2) The Secretary shall establish a procedure for receiving, investigating,

27 and disposing of complaints filed under this subsection. The Secretary shall

28 conduct an investigation under this subsection promptly if there is reason29 able cause to believe the allegations of the complaint.

30 (3)(A) If the Secretary decides that reasonable cause exists to conduct

31 an investigation about a complaint filed under paragraph (1)(A) or (B) of

32 this subsection, the person making the complaint may request that the em33 ployer stop, during the hearing procedure under subsection (e) of this sec34 tion, the particular activity of longshore work attested to by the employer.

35 The employer shall be notified of the request and shall respond not later

36 than 14 days after receiving the notice.

37 (B) If the Secretary makes an initial decision that the complaint is sup38 ported by a preponderance of the evidence submitted, the Secretary imme39 diately shall require that the employer stop that activity until after the hear40 ing procedure under subsection (e) of this section.
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1 (4)(A) If the Secretary decides that reasonable cause exists to conduct

2 an investigation about a complaint under paragraph (1)(C) of this sub3 section, the person making the complaint may request that the employer

4 stop, during the hearing procedure under subsection (e) of this section, the

5 particular activity of longshore work involved in the complaint unless the

6 employer files an attestation with the Secretary under subsection (a) of this

7 section. The employer shall be notified of the request and shall respond not

8 later than 14 days after receiving the notice.

9 (B) If the Secretary makes an initial decision that the complaint is sup10 ported by a preponderance of the evidence submitted, the Secretary imme11 diately shall require that the employer stop that activity until after the hear12 ing procedure under subsection (e) of this section, unless the employer files

13 an attestation under subsection (a) of this section.

14 (e) PROCEEDINGS.—Not later than 180 days after a complaint is filed

15 under subsection (d) of this section, or later for good cause shown, the Sec16 retary shall decide whether a basis exists to make a finding described by

17 subsection (f) of this section. The Secretary shall give interested persons no18 tice of that decision and an opportunity for a hearing on the complaint not

19 later than 60 days after making the decision.

20 (f) FINDINGS.—(1)(A) If, after notice and an opportunity for a hearing

21 under subsection (e) of this section, the Secretary finds that an employer

22 has failed to meet a condition, or has misrepresented a material fact, in an

23 attestation filed under subsection (a) of this section, the Secretary—

24 (i) shall notify the Attorney General of the finding; and

25 (ii) may impose other administrative remedies, including a civil pen26 alty under section 10118 of this title, the Secretary decides are appro27 priate.

28 (B) When the Attorney General receives notice under this paragraph, the

29 Attorney General shall deny any vessel owned or chartered by the employer

30 entry to a port of the United States for not more than one year.

31 (2) For longshore work described by subsection (a)(2) of this section, if

32 the Secretary finds, after notice and an opportunity for a hearing under

33 subsection (e) of this section and based on a preponderance of the evidence

34 submitted by any interested person, that the particular activity of longshore

35 work is not an activity described by subsection (b)(1)(A) of this section—

36 (A) the Secretary shall notify the Attorney General of the finding;

37 and

38 (B) the employer shall file an attestation under subsection (a) of this

39 section for that activity.

40 (3) When the Secretary finds that an alien crewmember is not allowed

41 to perform a particular activity of longshore work under the prevailing prac-
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1 tice at a port, another attestation under subsection (a) of this section about

2 that activity in that port may not be filed for one year.

3 (g) LONGSHORE WORK IN ALASKA.—Except as provided by section

4 2725(c) of this title, this section does not apply to longshore work per5 formed in Alaska.

6 § 2724. Reciprocity

7 (a) DEFINITION.—In this section, ‘‘practice’’ means an activity normally

8 performed in a foreign country during the one-year period before a vessel

9 arrives in the United States or the coastal waters of the United States.

10 (b) GENERAL.—(1) An alien crewmember preforming a particular activity

11 of longshore work in or about a port is serving in a capacity required for

12 normal operation and service on a vessel under section 2305(a) of this title,

13 and the Attorney General shall allow an alien crewmember on a vessel to

14 perform a particular activity of longshore work, if—

15 (A) that vessel is registered in a foreign country that by law, regula16 tion, or practice does not prohibit that activity by crewmembers on

17 United States vessels; or

18 (B) nationals of a foreign country that, by law, regulation, or prac19 tice does not prohibit that activity by crewmembers on United States

20 vessels, hold a majority ownership interest in that vessel.

21 (2) The Secretary of State shall compile and annually maintain, under

22 section 553 of title 5, a list, by particular activity of longshore work, of for23 eign countries in which crewmembers on United States vessels are prohib24 ited by law, regulation, or practice from performing a particular activity of

25 longshore work.

26 § 2725. Longshore work in Alaska

27 (a) DEFINITIONS.—In this section—

28 (1) ‘‘contract stevedoring companies’’ means those stevedoring com29 panies licensed to do business in Alaska that meet the requirements of

30 section 32 of the Longshore and Harbor Workers’ Compensation Act

31 (33 U.S.C. 932).

32 (2) ‘‘employer’’ includes any agent or representative designated by

33 the employer.

34 (b) GENERAL.—(1) An alien crewmember performing a particular activity

35 of longshore work at a particular location in Alaska is serving in a capacity

36 required for normal operation and service on a vessel under section 2305(a)

37 of this title if an employer of the alien crewmember files an attestation with

38 the Secretary of Labor at least 30 days before the date the activity will be

39 performed or at least 24 hours before the activity will be performed if the

40 employer shows that the employer reasonably could not have anticipated the

41 need to file an attestation for that location at that time.
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1 (2) The attestation filed under paragraph (1) of this subsection shall pro2 vide evidence that—

3 (A) the employer will request from the parties to whom notice has

4 been given under clause (D) (ii) and (iii) of this paragraph United

5 States longshore workers who, under industry standards in Alaska, in6 cluding safety considerations, are qualified and available in sufficient

7 numbers to perform the activity at the particular time and location, ex8 cept that—

9 (i) when 2 or more contract stevedoring companies have signed

10 a joint collective bargaining agreement with a single labor organi11 zation described by clause (D)(i) of this paragraph, the employer

12 may request longshore workers from only one of those companies;

13 and

14 (ii) a request to a private dock operator for longshore workers

15 may be made only for longshore work to be performed at that dock

16 and only if the operator meets the requirements of section 32 of

17 the Longshore and Harbor Workers’ Compensation Act (33 U.S.C.

18 932);

19 (B) the employer will employ all those United States longshore work20 ers made available under clause (A) of this paragraph who, under in21 dustry standards in Alaska, including safety considerations, are quali22 fied and available in sufficient numbers and who are needed to perform

23 the longshore activity at the particular time and location;

24 (C) using alien crewmembers for that activity is not intended or de25 signed to influence an election of a bargaining representative for work26 ers in Alaska; and

27 (D) the employer has given notice of the attestation—

28 (i) to labor organizations recognized as exclusive bargaining rep29 resentatives of United States longshore workers within the mean30 ing of the National Labor Relations Act (29 U.S.C. 141 et seq.)

31 and that make, or intend to make, workers available at the par32 ticular location where the longshore work is to be performed;

33 (ii) to contract stevedoring companies that employ or intend to

34 employ United States longshore workers at the location; and

35 (iii) to operators of private docks at which the employer will use

36 longshore workers.

37 (3)(A) During the period that an attestation an employer files under

38 paragraph (1) of this subsection is valid, the employer must request and

39 employ United States longshore workers as provided under paragraph (2)

40 before using alien crewmembers to perform the activity specified in the at41 testation. However, an employer is not required to request United States
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1 longshore workers from a person who has given the employer written notice

2 that the person does not intend to make United States longshore workers

3 available at the particular location where the longshore work is to be per4 formed.

5 (B) If a person that provided notice under subparagraph (A) of this para6 graph later gives the employer written notice that the person is prepared

7 to make available United States longshore workers who, under industry

8 standards in Alaska, including safety considerations, are qualified and avail9 able in sufficient numbers to perform the longshore activity at the particular

10 location where the longshore work is to be performed, the obligation of the

11 employer to that person under paragraph (2) (A) and (B) of this subsection

12 begins 60 days after the date the notice was given under this clause.

13 (4)(A) An employer filing an attestation under paragraph (1) of this sub14 section is not required—

15 (i) to hire less than a full work unit of United States longshore

16 workers needed to perform the longshore activity;

17 (ii) to provide overnight accommodations for the longshore workers

18 while employed; or

19 (iii) to provide transportation to the particular location where the

20 longshore activity will be performed, except where—

21 (I) surface transportation is available;

22 (II) that transportation may be accomplished safely;

23 (III) travel time to the vessel is not more than one-half hour

24 each way; and

25 (IV) travel distance to the vessel from the point of embarkation

26 is not more than 5 miles.

27 (B) In the case of Wide Bay, Alaska, and Klawock/Craig, Alaska, the

28 travel time and distance described by clause (A)(iii) of this paragraph are

29 extended to 45 minutes and 7.5 miles, respectively, unless the person re30 sponding to the request for longshore workers agrees to the lesser time and

31 distance limitations described by clause (A)(iii).

32 (5) Except as provided by section 2723(c)–(e) of this title, an attestation

33 filed under paragraph (1) of this subsection—

34 (A) expires at the end of the one-year period beginning on the date

35 specified in the attestation that the employer anticipates the longshore

36 work will begin; and

37 (B) applies to alien crewmembers arriving in the United States dur38 ing that period if the owner, agent, master, commanding officer, or

39 consignee states in each list provided under section 2701 of this title

40 that the employer continues to comply with the conditions in the attes41 tation.
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1 (c) APPLICATION OF SECTION 2723.—(1) Except as provided by para2 graph (2) of this subsection, section 2723(b)(3)–(f)(2) of this title applies

3 to an attestation filed under subsection (b)(1) of this section.

4 (2) Section 2723 of this title applies to the use of alien crewmembers to

5 perform longshore work in Alaska involving the use of an automated self6 loading conveyor belt or vacuum-actuated system on a vessel.

7 (d) REGULATIONS.—The Secretary shall prescribe regulations necessary

8 to carry out this section.

9 § 2726. Relationship to other laws and application

10 This section does not affect—

11 (1) the meaning or scope of longshore work under another provision

12 of law, a collective bargaining agreement, or an international agree13 ment; or

14 (2) the performance of longshore work by nationals of the United

15 States.

16 CHAPTER 29—FACILITIES EMPLOYING REGISTERED

17 NURSES

2901. Definition.

2902. Attestation requirements.

2903. State plans.

2904. Public availability of information.

2905. Complaints, investigations, and penalties.

18 § 2901. Definition

19 In this chapter, ‘‘facility’’ includes an employer that employs registered

20 nurses in a home setting.

21 § 2902. Attestation requirements

22 (a) GENERAL.—Except as provided by subsection (b) of this section, a

23 facility seeking to employ a nonimmigrant registered nurse under section

24 2325 of this title must file with the Secretary of Labor an attestation stat25 ing the following:

26 (1) A substantial disruption in the delivery of health care services

27 of the facility would occur through no fault of the facility without the

28 services of a nonimmigrant registered nurse.

29 (2) Employment of a nonimmigrant registered nurse will not ad30 versely affect the wages and working conditions of other registered

31 nurses similarly employed.

32 (3) A nonimmigrant registered nurse employed by the facility will be

33 paid at the wage rate paid for other registered nurses similarly em34 ployed by the facility.

35 (4) The facility—

36 (A) has taken or is taking timely and significant steps to recruit

37 and retain sufficient registered nurses who are citizens of the

38 United States or immigrants authorized to perform nursing serv-
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1 ices, to remove as quickly as reasonably possible the dependence

2 of the facility on nonimmigrant registered nurses; or

3 (B) is subject to a State plan for the recruitment and retention

4 of nurses approved under section 2903 of this title.

5 (5) There is no strike or lockout in the course of a labor dispute,

6 and the employment of nonimmigrant registered nurses is not intended

7 or designed to influence an election for a bargaining representative for

8 registered nurses of the facility.

9 (6) At the time of filing the petition under section 2325(c) of this

10 title, the facility has given notice of the filing to the bargaining rep11 resentative of the registered nurses employed by the facility or, if there

12 is no bargaining representative, to the registered nurses employed by

13 the facility by posting the notice in conspicuous locations.

14 (b) WAIVERS.—For a nonimmigrant registered nurse performing services

15 at a worksite (except at the employer’s worksite or at a worksite controlled

16 by the employer) and for whom the employer has filed an attestation under

17 subsection (a) of this section, the Secretary may waive the requirement to

18 file an attestation for the worksite as may be appropriate—

19 (1) to avoid duplicative attestations;

20 (2) in temporary, emergency situations;

21 (3) for information the attestor does not know; or

22 (4) for other good cause.

23 (c) FAULT IF FACILITY HAS LAID OFF NURSES.—A facility does not

24 meet subsection (a)(1) of this section if the facility has laid off registered

25 nurses within the prior year. However, a facility that lays off a registered

26 nurse (except a staff nurse) meets subsection (a)(1) if the facility has at27 tested that it will not replace the nurse with a nonimmigrant registered

28 nurse described by section 2325(b) of this section for one year after the

29 date of the layoff.

30 (d) SIGNIFICANT STEPS TO RECRUIT AND RETAIN NURSES.—(1) Each

31 of the following is a significant step reasonably designed to recruit and re32 tain registered nurses meeting the requirement of subsection (a)(4)(A) of

33 this section:

34 (A) operating a training program for registered nurses at the facility

35 or financing (or providing participation in) a training program for reg36 istered nurses elsewhere.

37 (B) providing career development programs and other methods of fa38 cilitating health care workers to become registered nurses.

39 (C) paying registered nurses at a rate higher than that currently

40 being paid to registered nurses similarly employed in the geographic

41 area.
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1 (D) providing adequate support services to free registered nurses

2 from administrative and other non-nursing duties.

3 (E) providing reasonable opportunities for meaningful salary ad4 vancement by registered nurses.

5 (2) Paragraph (1) of this subsection is not an exclusive list of the steps

6 that may be taken to meet the requirement of subsection (a)(4)(A) of this

7 section. A facility is not required to take more than one step if the facility

8 can demonstrate that taking an additional step is not reasonable.

9 (e) EFFECTIVENESS OF ATTESTATION.—(1) Subject to section 2905 of

10 this title, an attestation under subsection (a) of this section—

11 (A) expires at the end of the one-year period beginning on the date

12 the attestation is filed with the Secretary; and

13 (B) applies to petitions filed during that one-year period if the facil14 ity states in each petition filed under section 2325(c) of this title that

15 it continues to comply with the conditions in the attestation.

16 (2) A facility may file a single petition to meet the requirements of this

17 section for more than one registered nurse.

18 § 2903. State plans

19 The Secretary of Labor shall provide for a procedure under which a State

20 may submit to the Secretary of Labor a plan for the recruitment and reten21 tion of citizens of the United States and immigrants authorized to perform

22 nursing services as registered nurses in facilities in the State. A plan may

23 include counseling and educating health workers and other individuals about

24 employment opportunities available to registered nurses. Annually in con25 sultation with the Secretary of Health and Human Services, the Secretary

26 of Labor shall provide for approving or disapproving the State plan as pro27 vided by section 2902(a)(4)(B) of this title. A plan may be approved in re28 gard to a facility only if the plan provides for taking significant steps de29 scribed by section 2902(a)(4)(A) of this title to recruit and retain registered

30 nurses at that facility.

31 § 2904. Public availability of information

32 The Secretary of Labor shall compile and make available for public exam33 ination in a timely manner in the District of Columbia—

34 (1) a list of facilities that have filed petitions to employ non35 immigrant registered nurses applying to be classified under section

36 2325 of this title; and

37 (2) for each facility, a copy of the petitions, attestations, and accom38 panying documentation filed by each facility.

39 § 2905. Complaints, investigations, and penalties

40 (a) COMPLAINTS AND INVESTIGATIONS.—(1) The Secretary of Labor

41 shall establish a procedure for receiving, investigating, and disposing of
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1 complaints filed about a facility’s failure to satisfy a condition attested to,

2 or a facility’s misrepresentation of a material fact, in an attestation.

3 (2) Any person adversely affected by an attestation under section 2902(a)

4 of this title, including a bargaining representative, association the Secretary

5 decides is appropriate, or other adversely affected person, may file a com6 plaint with the Secretary. The Secretary shall conduct an investigation if

7 there is reasonable cause to believe that the facility does not meet a condi8 tion attested to.

9 (3) Not later than 180 days after a complaint is filed, the Secretary shall

10 decide whether a basis exists to make a finding described by subsection (b)

11 of this section. If the Secretary decides that a basis exists, the Secretary

12 shall give notice of that decision to the interested parties and an opportunity

13 for a hearing on the complaint not later than 60 days after making the deci14 sion.

15 (b) FINDINGS AND PENALTIES.—(1) If the Secretary finds, after notice

16 and an opportunity for a hearing, that a facility has failed to satisfy a con17 dition attested to or has misrepresented a material fact in an attestation,

18 the Secretary—

19 (A) shall notify the Attorney General of the finding;

20 (B) may impose other administrative remedies, including a civil pen21 alty of not more than $1,000 for each violation; and

22 (C) if the facility has not paid the prevailing wage as attested to

23 under section 2902(a)(3) of this title, shall order the facility to pay an

24 amount of back wages necessary to comply with section 2902(a)(3).

25 (2) For at least one year after receiving notice under paragraph (1)(A)

26 of this subsection, the Attorney General may not approve a petition filed

27 under subsection 2325(c) of this title by that facility for the employment

28 of a nonimmigrant registered nurse.

29 PART B—IMMIGRANTS

30 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. Special immigrants having honorable military service.

4107. Special immigrants employed in Panama.

4108. Status of spouses and children.

4109. Estimating number of visas to be granted.

4110. Pilot program.

4111. Limitations on admissions from individual foreign countries.

4112. Charging immigrants to foreign countries.

4113. Burden of proof.
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1 § 4101. General requirements

2 Except for aliens described by section 4102(d) of this title, an alien may

3 be granted an immigrant visa or otherwise become an alien lawfully admit4 ted for permanent residence only if—

5 (1)(A) the alien is a family-sponsored immigrant described by section

6 4103(b)–(e) of this title or admitted under section 4311(a)(1) of this

7 title because a visa previously was granted to the accompanying parent

8 under section 4103(b)–(e) of this title; and

9 (B) the numerical limitations of section 4102(a) of this title are not

10 exceeded;

11 (2)(A) the alien is an employment-based immigrant described by sec12 tions 4104(b)–(f) and 4106(a) of this title or admitted under section

13 4311(a)(1) of this title because a visa previously was granted to the

14 accompanying parent under section 4104(b)–(f) or 4106(a) of this title;

15 and

16 (B) the numerical limitations of section 4102(b) of this title are not

17 exceeded; or

18 (3)(A) for fiscal years beginning after September 30, 1994, the alien

19 is a diversity immigrant described by section 4105(c)–(h) of this title

20 or admitted under section 4311(a)(1) of this title because a visa pre21 viously was granted to the accompanying parent under section

22 4105(c)–(h) of this title; and

23 (B) the numerical limitations of section 4102(c) of this title are not

24 exceeded.

25 § 4102. Annual worldwide numerical limitations

26 (a) FAMILY-SPONSORED IMMIGRANTS.—(1) The worldwide numerical lim27 itation for family-sponsored immigrants for a fiscal year is the greater of—

28 (A)(i) 480,000 (except that for the fiscal year ending September 30,

29 1994, the maximum number is 465,000); minus

30 (ii) the number of aliens described by subsection (d)(6)–(8) of this

31 section granted immigrant visas or who otherwise became aliens law32 fully admitted for permanent residence in the prior fiscal year; plus

33 (iii) any difference between the maximum number of employment34 based immigrant visas that could have been granted and the number

35 that were granted during the prior fiscal year; or

36 (B) 226,000.

37 (2) In each of the first 3 quarters of a fiscal year, the number of aliens

38 granted visas and otherwise becoming aliens lawfully admitted for perma39 nent residence as family-sponsored immigrants may not be more than 27

40 percent of the numerical limitation computed under paragraph (1) of this

41 section for that fiscal year.
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1 (b) EMPLOYMENT-BASED IMMIGRANTS.—(1) The worldwide numerical

2 limitation for employment-based immigrants for a fiscal year is—

3 (A) not more than 140,000; plus

4 (B) any difference between the maximum number of family-spon5 sored immigrant visas that could have been granted and the number

6 that were granted during the prior fiscal year.

7 (2) In each of the first 3 quarters of a fiscal year, the number of aliens

8 granted visas and otherwise becoming aliens lawfully admitted for perma9 nent residence as employment-based immigrants may not be more than 27

10 percent of the numerical limitation computed under paragraph (1) of this

11 section for that fiscal year.

12 (c) DIVERSITY IMMIGRANTS.—(1) The worldwide numerical limitation for

13 diversity immigrants for a fiscal year is 55,000.

14 (2) In each of the first 3 quarters of a fiscal year, the number of aliens

15 granted visas and otherwise becoming aliens lawfully admitted for perma16 nent residence as diversity immigrants may not be more than 27 percent

17 of the numerical limitation computed under paragraph (1) of this section

18 for that fiscal year.

19 (d) NONAPPLICATION.—The numerical limitations of this section do not

20 apply to—

21 (1) a special immigrant as defined by section 137(a)(1) or (2) of this

22 title;

23 (2) an alien admitted under section 5105 of this title or whose status

24 is changed under section 5107 of this title;

25 (3) an alien who becomes lawfully admitted for permanent residence

26 under chapter 93 of this title or section 210 or 210A of the Immigra27 tion and Nationality Act (ch. 477, 66 Stat. 163);

28 (4) an alien whose deportation is suspended under section 6538(a)

29 of this title;

30 (5) an alien whose status is changed to that of an alien lawfully ad31 mitted for permanent residence under section 9104 of this title;

32 (6) an immediate relative;

33 (7) an alien admitted under section 4311(a)(1) of this title because

34 the accompanying parent is an immediate relative previously granted

35 a visa; and

36 (8) an alien born to an alien lawfully admitted for permanent resi37 dence during a temporary visit outside the United States.

38 § 4103. Visa allocation for family-sponsored immigrants

39 (a) GENERAL.—Aliens subject to the worldwide numerical limitation of

40 section 4102(a) of this title for qualified family-sponsored immigrants shall

41 be allocated visas each fiscal year as provided by this section.
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1 (b) UNMARRIED SONS AND DAUGHTERS OF CITIZENS.—Not more than

2 23,400 visas, plus visas not required under subsection (e) of this section,

3 shall be allocated to unmarried sons and unmarried daughters of citizens

4 of the United States.

5 (c) FAMILIES OF ALIENS LAWFULLY ADMITTED.—Not more than

6 114,200 visas, plus the number by which the worldwide numerical limitation

7 is more than 226,000, plus visas not required under subsection (b) of this

8 section, shall be allocated to the spouses, children, and unmarried sons and

9 unmarried daughters (but not children) of aliens lawfully admitted for per10 manent residence. At least 77 percent of visas allocated under this sub11 section shall be made available to those spouses and children.

12 (d) MARRIED SONS AND DAUGHTERS OF CITIZENS.—Not more than

13 23,400 visas, plus visas not required under subsections (b) and (c) of this

14 section, shall be allocated to married sons and married daughters of citizens

15 of the United States.

16 (e) BROTHERS AND SISTERS OF CITIZENS.—Not more than 65,000 visas,

17 plus visas not required under subsections (b)–(d) of this section, shall be

18 allocated to brothers and sisters of citizens of the United States who are

19 at least 21 years of age.

20 § 4104. Visa allocation for employment-based immigrants

21 (a) GENERAL.—Aliens subject to the worldwide numerical limitation of

22 section 4102(b) of this title for qualified employment-based immigrants

23 shall be allocated visas each fiscal year as provided by this section.

24 (b) PRIORITY WORKERS.—(1) A number of visas equal to not more than

25 28.6 percent of the worldwide numerical limitation of section 4102(b) of this

26 title, plus visas not required under subsections (e) and (f) of this section,

27 shall be allocated to the following aliens:

28 (A) a qualified immigrant—

29 (i) having extraordinary ability in the sciences, arts, education,

30 business, or athletics that has been demonstrated by sustained na31 tional or international acclaim;

32 (ii) whose achievements have been recognized in the field

33 through extensive documentation;

34 (iii) who is seeking to enter the United States to continue work

35 in the area of extraordinary ability; and

36 (iv) whose entry will benefit the United States substantially.

37 (B) a qualified immigrant—

38 (i) recognized internationally as outstanding in a specific aca39 demic area;

40 (ii) with at least 3 years of teaching or research experience in

41 the academic area; and
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1 (iii) who is seeking to enter the United States for a tenured (or

2 tenure-track) position in a university or institution of higher edu3 cation to teach in the academic area, for a comparable position

4 with a university or institute of higher education to conduct re5 search in the area, or for a comparable position to conduct re6 search in the area with a department, division, or institute of a

7 private employer that employs at least 3 individuals full-time in

8 research activities and has achieved documented accomplishments

9 in an academic field.

10 (C) a qualified immigrant—

11 (i) who, in the 3 years prior to the application for classification

12 and admission to the United States under this paragraph, has

13 been employed for at least one year by an entity or an affiliate

14 or subsidiary of the entity; and

15 (ii) who is seeking to enter the United States to continue to pro16 vide services to the same employer, or an affiliate or subsidiary of

17 the employer, in a managerial or executive capacity.

18 (2) In applying paragraph (1)(C) of this subsection, a partnership or

19 similar organization organized outside the United States to provide account20 ing services is deemed to be an affiliate of a partnership organized in the

21 United States to provide accounting services if—

22 (A) the partnership or similar organization organized outside the

23 United States markets its accounting services under an internationally

24 recognized name under an agreement with a worldwide coordinating or25 ganization owned and controlled by the member accounting firms of

26 which the United States partnership is also a member; and

27 (B) the United States partnership markets its accounting services

28 under the same internationally recognized name under an agreement

29 with the worldwide coordinating organization.

30 (c) MEMBERS OF PROFESSIONS.—(1) A number of visas equal to not

31 more than 28.6 percent of the worldwide numerical limitation of section

32 4102(b) of this title, plus visas not required under subsection (b) of this

33 section, shall be allocated to qualified immigrants—

34 (A) who are members of the professions holding advanced degrees or

35 their equivalent or who because of their exceptional ability in the

36 sciences, arts, or business will benefit substantially the economy, cul37 tural or educational interests, or welfare of the United States; and

38 (B) whose services in the sciences, arts, professions, or business are

39 sought by an employer in the United States.
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1 (2) An alien may be granted an immigrant visa under this subsection only

2 if the consular officer has received the decision and certification of the Sec3 retary of Labor under subsection (g)(2) of this section.

4 (3) When the Attorney General considers it to be in the interest of the

5 United States, the Attorney General may waive the requirement of para6 graph (1) of this subsection that an alien’s services in the sciences, arts,

7 professions, or business be sought by an employer in the United States.

8 (4) Possession of a degree, diploma, certificate, or similar award from an

9 institution of learning, a license to practice, or certification for a profession

10 or occupation is not sufficient evidence by itself under paragraph (1) of this

11 subsection that an immigrant has exceptional ability.

12 (d) SKILLED WORKERS, PROFESSIONALS, AND OTHER WORKERS.—(1)

13 Except as provided by paragraph (2) of this subsection, a number of visas

14 equal to not more than 28.6 percent of the worldwide numerical limitation

15 of section 4102(b) of this title, plus visas not required under subsections

16 (b) and (c) of this section, shall be allocated to the following aliens not de17 scribed by subsection (c)(1) of this section:

18 (A) a qualified immigrant who is capable, when petitioning for classi19 fication under this subsection, of performing skilled labor that requires

20 at least 2 years training or experience, that is not temporary or sea21 sonal, and for which qualified workers are not available in the United

22 States.

23 (B) a qualified immigrant who holds a baccalaureate degree and is

24 a member of a profession.

25 (C) a qualified immigrant capable, when petitioning for classification

26 under this subsection, of performing unskilled labor that is not tem27 porary or seasonal and for which qualified workers are not available in

28 the United States.

29 (2) Not more than 10,000 of the visas allocated under this subsection in

30 a fiscal year are available for immigrants described by paragraph (1)(C) of

31 this subsection.

32 (3) An alien may be granted an immigrant visa under this subsection only

33 if the consular officer has received the decision and certification of the Sec34 retary of Labor under subsection (g)(2) of this section.

35 (e) CERTAIN SPECIAL IMMIGRANTS.—A number of visas equal to not

36 more than 7.1 percent of the worldwide numerical limitation of section

37 4102(b) of this title shall be allocated to qualified special immigrants as de38 fined by section 137(a)(3)–(13) of this title, except that not more than

39 5,000 of those visas may be allocated in a fiscal year to special immigrants

40 as defined by section 137(a)(3)(A)(ii)(II) and (III) of this title.

41 (f) EMPLOYMENT CREATION.—(1) In this subsection—
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1 (A) ‘‘targeted employment area’’ means, at the time of investment,

2 a rural area or an area that has experienced unemployment that is at

3 least 150 percent of the national average.

4 (B) ‘‘rural area’’ means an area not in a metropolitan statistical

5 area or not in the outer boundary of a city or town having a popu6 lation, based on the latest United States decennial census, of at least

7 20,000.

8 (2) A number of visas equal to not more than 7.1 percent of the world9 wide numerical limitation of section 4102(b) of this title shall be allocated

10 to qualified immigrants seeking to enter the United States to engage in a

11 new commercial enterprise—

12 (A) that the alien has established;

13 (B) in which the alien has invested after November 29, 1990, or is

14 actively in the process of investing, at least $1,000,000; and

15 (C) that will benefit the United States economy and create full-time

16 employment for at least 10 United States citizens, aliens lawfully ad17 mitted for permanent residence, or other immigrants lawfully author18 ized to be employed in the United States, except the qualified immi19 grant and the qualified immigrant’s spouse, sons, and daughters.

20 (3) At least 3,000 of the visas allocated under paragraph (1) of this sub21 section in each fiscal year shall be reserved for qualified immigrants who

22 establish a new commercial enterprise described by paragraph (1) that will

23 create employment in a targeted employment area.

24 (4)(A) In consultation with the Secretaries of Labor and State, the Attor25 ney General may prescribe regulations increasing the amount specified by

26 paragraph (2)(B) of this subsection.

27 (B) For an investment made in a targeted employment area, the Attorney

28 General may specify that the amount of capital required under paragraph

29 (2)(B) of this subsection be less than, but at least 50 percent of, the

30 amount specified by paragraph (2)(B).

31 (C) For an investment made in a metropolitan statistical area that at the

32 time of investment is not a targeted employment area and has an unemploy33 ment rate significantly below the national average, the Attorney General

34 may specify that the amount of capital required under paragraph (2)(B) of

35 this subsection be more than, but not more than 3 times, the amount speci36 fied in paragraph (2)(B).

37 (g) ADDITIONAL REQUIREMENTS FOR EMPLOYMENT-BASED IMMI38 GRANTS.—(1) An alien applying for a visa under subsection (c) or (d) of

39 this section who is a graduate of a medical school not accredited by an en40 tity approved by the Secretary of Education and who is coming to the Unit-
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1 ed States principally to perform services as a member of the medical profes2 sion may be granted the visa only if the alien—

3 (A) has passed parts I and II of the National Board of Medical Ex4 aminers Examination or an examination the Secretary of Health and

5 Human Services decides is equivalent, or on January 9, 1978, was fully

6 and permanently licensed to practice medicine in a State and was prac7 ticing medicine in a State on that date; and

8 (B) is competent in oral and written English.

9 (2) An alien applying for a visa under subsection (c) or (d) of this section

10 to perform skilled or unskilled labor may be granted the visa only if the

11 Secretary of Labor decides and certifies to the Secretary of State and the

12 Attorney General that—

13 (A) there are not enough workers who are able, willing, qualified (or

14 equally qualified if the alien is a member of the teaching profession or

15 has exceptional ability in the sciences or arts), and available when the

16 alien applies for the visa and admission and where the alien is to per17 form that labor; and

18 (B) employment of the alien will not affect adversely the pay and

19 working conditions of similarly employed workers in the United States.

20 (3) Before making a decision and certification under paragraph (2) of

21 this subsection, the Secretary of Labor shall provide that—

22 (A) a certification may be made only if the applicant, when filing the

23 application, has provided notice of the filing to the bargaining rep24 resentative of the employer’s employees in the occupational classifica25 tion and area for which aliens are sought or, if there is no bargaining

26 representative, to employees employed at the facility through posting at

27 conspicuous locations; and

28 (B) any person may submit documentary evidence related to the ap29 plication, including information on available workers, pay and working

30 conditions, and the employer’s failure to meet conditions of employing

31 alien workers and co-workers.

32 § 4105. Visa allocation for diversity immigrants

33 (a) DEFINITIONS.—In this section—

34 (1) ‘‘high-admission foreign country’’ means a foreign country for

35 which the number determined under subsection (c) of this section is

36 more than 50,000.

37 (2) ‘‘high-admission region’’ means a region for which the total of

38 the numbers determined under subsection (c) of this section for foreign

39 countries in the region is more than one-sixth of the total of the num40 bers for all foreign countries.
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1 (3) ‘‘low-admission foreign country’’ means a foreign country that is

2 not a high-admission foreign country.

3 (4) ‘‘low-admission region’’ means a region that is not a high-admis4 sion region.

5 (5) Northern Ireland is deemed to be a separate foreign country.

6 (6) an overseas dependent area of a foreign country is deemed to be

7 part of the foreign country.

8 (7) the area in each of the following is a separate region:

9 (A) Africa.

10 (B) Asia.

11 (C) Europe.

12 (D) North America, except Mexico.

13 (E) Oceania.

14 (F) South America, Mexico, Central America, and the Carib15 bean.

16 (b) GENERAL.—Aliens subject to the worldwide numerical limitations of

17 section 4102(c) of this title for qualified diversity immigrants shall be allo18 cated visas for each fiscal year as provided by this section.

19 (c) DETERMINATION OF NUMBERS OF CERTAIN ALIENS.—For the most

20 recent prior 5-year period for which information is available, the Attorney

21 General shall determine the total number of aliens who are natives of each

22 foreign country and who—

23 (1) were admitted or otherwise acquired the status of an alien law24 fully admitted for permanent residence (except under this section); and

25 (2) were subject to the numerical limitations for family-sponsored

26 and employment-based immigrants under sections 4103 and 4104 of

27 this title or were admitted or otherwise acquired the status of an alien

28 lawfully admitted for permanent residence as an alien described by sec29 tion 4102(d)(6)–(8) of this title.

30 (d) IDENTIFICATION.—The Attorney General shall identify each high31 admission foreign country and region and each low-admission country and

32 region.

33 (e) PERCENTAGE AND RATIO DETERMINATIONS.—The Attorney General

34 shall determine—

35 (1) the percentage of the total of the number determined under sub36 section (c) of this section that applies to foreign countries in high37 admission regions;

38 (2) based on available estimates for each region, the total population

39 of each region, excluding the population of any high-admission foreign

40 country;
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1 (3) for each low-admission region, the ratio of the population of the

2 region determined under clause (2) of this subsection to the total popu3 lation determined under clause (2) for all low-admission regions; and

4 (4) for each high-admission region, the ratio of the population of the

5 region determined under clause (2) of this subsection to the total popu6 lation determined under clause (2) for all high-admission regions.

7 (f) ALLOCATION OF VISAS.—(1) The percentage of visas allocated under

8 this section to natives of a high-admission foreign country is 0.

9 (2) Except as provided by subsection (g) of this section, the percentage

10 of visas allocated under this section to natives (except natives of a high11 admission foreign country) in a low-admission region is the product of—

12 (A) the percentage determined under subsection (e)(1) of this sec13 tion; multiplied by

14 (B) the population ratio for the region determined under subsection

15 (e)(3) of this section.

16 (3) Except as provided by subsection (g) of this section, the percentage

17 of visas allocated under this section to natives (except natives of a high18 admission foreign country) in a high-admission region is the product of—

19 (A) 100 percent minus the percentage determined under subsection

20 (e)(1) of this section; multiplied by

21 (B) the population ratio for the region determined under subsection

22 (e)(4) of this section.

23 (g) REDISTRIBUTION OF VISAS AND LIMITATION.—(1) Except as pro24 vided by paragraph (2) of this subsection, if the Secretary of State esti25 mates that the number of immigrant visas to be granted for a fiscal year

26 to natives in a region under this section will be less than the number of

27 immigrant visas allocated for the fiscal year to those natives under this sec28 tion, the excess visa numbers shall be made available to natives (except na29 tives of a high-admission foreign country) of the other regions in proportion

30 to the percentages specified in subsection (f)(2) and (3) of this section.

31 (2) The percentage of visas allocated under this section for a fiscal year

32 to natives of a single foreign country may not be more than 7 percent of

33 the total number of visas allocated under this section for the fiscal year.

34 (h) REQUIREMENT OF EDUCATION OR WORK EXPERIENCE.—An alien is

35 eligible for a visa under this section only if the alien—

36 (1) has at least a high school education or its equivalent; or

37 (2) not later than 5 years after the date of the application for a visa

38 has at least 2 years of work experience in an occupation requiring at

39 least 2 years of training or experience.
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1 (i) MAINTAINING INFORMATION.—The Secretary of State shall maintain

2 information on the age, occupation, education level, and other relevant char3 acteristics of immigrants granted visas under this section.

4 § 4106. Special immigrants having honorable military serv5 ice

6 (a) TREATY AND AGREEMENT LIMITATION.—(1) The number of immi7 grant visas allocated in a fiscal year to special immigrants as defined by

8 section 137(a)(13) of this title (except the spouse and children of such an

9 immigrant) may not be more than—

10 (A) 2,000 for aliens who are nationals of a foreign country for which

11 there was a treaty or agreement in effect on October 1, 1991, that

12 authorized and limited the number of aliens who are nationals of the

13 foreign country who may enlist each year in the armed forces of the

14 United States; and

15 (B) 100 for aliens who are nationals of another foreign country.

16 (2) This subsection does not apply to individuals who met the definition

17 of section 137(a)(13) on October 1, 1991.

18 (b) NONAPPLICATION OF NUMERICAL LIMITATIONS.—(1) Except as pro19 vided by paragraph (2) of this subsection, the numerical limitations of sec20 tions 4104 and 4111(a) and (b)(3) and (4) of this title do not apply to im21 migrant visas made available to special immigrants as defined by section

22 137(a)(13) of this title.

23 (2) The number of visas allocated in a fiscal year—

24 (A) under subsections (b), (c), and (d) of section 4104 of this title

25 shall each be reduced by one-third of the number of visas allocated in

26 the prior fiscal year to special immigrants as defined by section

27 137(a)(13) of this title;

28 (B) to natives of a foreign country under section 4111(a) and (b)(3)

29 and (4) of this title shall be reduced by the number of visas allocated

30 in the prior fiscal year to special immigrants as defined by section

31 137(a)(13) who are natives of the foreign country; and

32 (C) under subsections (b), (c), and (d) of section 4104 for a foreign

33 country subject to section 4111(b)(1) and (2) of this title in that fiscal

34 year and the prior fiscal year shall be reduced by one-third of the num35 ber of visas allocated in the prior fiscal year to special immigrants as

36 defined by section 137(a)(13) who are natives of the foreign country.

37 § 4107. Special immigrants employed in Panama

38 Not more than 15,000 aliens may be admitted to the United States as

39 special immigrants as defined by section 137(a)(5)–(7) of this title. Not

40 more than 5,000 aliens may be admitted in a fiscal year as special immi41 grants as defined by section 137(a)(5)–(7).
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1 § 4108. Status of spouses and children

2 The spouse or child (as defined by section 110(a)(1)–(5) of this title) ac3 companying or following to join an alien who is in a class described by sec4 tion 4103, 4104, 4105, or 4106 of this title is entitled to be placed in the

5 same class and preference order as the alien if the spouse or child otherwise

6 is not entitled to immigrant status and the immediate granting of a visa

7 under section 4103, 4104, 4105, or 4106.

8 § 4109. Estimating number of visas to be granted

9 In carrying out sections 4103–4106, 4108, and 4313(a) and (b) of this

10 title, the Secretary of State may make estimates of the anticipated number

11 of immigrant visas to be granted during any quarter of a fiscal year under

12 each class of sections 4103–4106 of this title. The Secretary may rely on

13 those estimates in authorizing the granting of those visas.

14 § 4110. Pilot program

15 (a) ESTABLISHMENT OF PROGRAM AND ALLOCATION OF VISAS.—The

16 Secretary of State, with the Attorney General, shall set aside 300 visas each

17 year for 5 years from the visas otherwise available under section 4104(f)

18 of this title for a pilot program to carry out section 4104(f). The program

19 shall include a regional center in the United States for promoting economic

20 growth, including increased export sales, improved regional productivity, job

21 creation, and increased domestic capital investment. The visas are allocated

22 for aliens eligible for admission under section 4104(f) and spouses and chil23 dren eligible under this title to accompany or follow to join the alien.

24 (b) DETERMINATION OF NUMBER OF JOBS CREATED.—In establishing

25 compliance with section 4104(f)(2)(C) of this title and notwithstanding the

26 requirements of section 204.6 of title 8, Code of Federal Regulations, the

27 Attorney General shall allow aliens admitted under the program to establish

28 reasonable methodologies for determining the number of jobs created by the

29 program, including jobs estimated to have been created indirectly through

30 revenue produced from increased exports resulting from the program.

31 § 4111. Limitations on admissions from individual foreign

32 countries

33 (a) TOTAL NUMBER OF VISAS AVAILABLE IN A FISCAL YEAR.—(1) Ex34 cept as provided by this section, not more than 7 percent of the total num35 ber of immigrant visas allocated under sections 4103, 4104, and 4106 of

36 this title in a fiscal year are allocated to natives of a foreign country, and

37 not more than 2 percent of the total number are allocated to natives of a

38 dependent area.

39 (2) If, because of the application of paragraph (1) of this subsection to

40 at least one foreign country or dependent area, the total number of visas

41 allocated under sections 4103, 4104, and 4106 of this title for a calendar
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1 quarter is more than the number of qualified immigrants who otherwise may

2 be granted a visa, paragraph (1) does not apply to visas allocated to any

3 such foreign country or dependent area during the remainder of the cal4 endar quarter.

5 (3) Except for the United States and American Samoa, an independent

6 country, self-governing dominion, or territory under the international trust7 eeship system of the United Nations is a foreign country under this sub8 section when approved by the Secretary.

9 (4) Approval is deemed to have been given under paragraph (3) of this

10 subsection to—

11 (A) Taiwan (China); and

12 (B) Hong Kong.

13 (5) The Secretary of State shall specify the foreign country to which any

14 other inhabited land is to be attributed. The Secretary shall issue appro15 priate instructions to diplomatic and consular offices when the territorial

16 limits of a foreign country change and the Secretary recognizes the change.

17 (b) ALLOCATION WHEN MAXIMUM NUMBER OF VISAS ALLOCATED.—(1)

18 If the total number of immigrant visas allocated under sections 4103, 4104,

19 and 4106 of this title to natives of a foreign country or dependent area is

20 more than the applicable numerical limitation established under subsection

21 (a)(1) of this section in a fiscal year, visa numbers for natives of that coun22 try or area shall be allocated under sections 4103, 4104, and 4106 (to the

23 extent practicable and otherwise consistent with this section and sections

24 4103, 4104, and 4106) so that—

25 (A) the ratio of the visa numbers allocated under section 4103 of

26 this title to the visa numbers made available under sections 4104 and

27 4106 of this title equals the ratio of the worldwide numerical limita28 tions of section 4102(a) of this title to the worldwide numerical limita29 tion under section 4102(b) of this title;

30 (B) except as provided by paragraphs (3) and (4) of this subsection,

31 the proportion of the visa numbers allocated under each of subsections

32 (b), (c), (d), and (e) of section 4103 of this title equals the ratio of

33 the total number of visas allocated under each of those subsections to

34 the total number of visas allocated under section 4103; and

35 (C) the proportion of the visa numbers allocated under each of sub36 sections (b), (c), (d), (e), and (f) of section 4104 of this title equals

37 the ratio of the total number of visas allocated under each of those sub38 sections to the total number of visas allocated under sections 4104 and

39 4106.

40 (2) Paragraph (1) of this subsection does not limit the number of visas

41 that may be granted—
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1 (A) to natives of a foreign country or dependent area under section

2 4103 of this title if there is insufficient demand for visas for those na3 tives under sections 4104 and 4106 of this title;

4 (B) to natives of a foreign country or dependent area under sections

5 4104 and 4106 of this title if there is insufficient demand for visas for

6 those natives under section 4103 of this title; or

7 (C) under paragraph (3)(A) of this subsection.

8 (3) Of the visa numbers allocated under section 4103(c) of this title in

9 a fiscal year to qualified immigrants who are the spouses and children of

10 aliens lawfully admitted for permanent residence—

11 (A) 75 percent of the 77 percent of the total number of visas allo12 cated to those immigrants shall be granted without regard to the nu13 merical limitation established under subsection (a)(1) of this section;

14 and

15 (B) 25 percent of the 77 percent shall be allocated for a foreign

16 country or dependent area subject to paragraph (1) of this subsection

17 only to the extent the total number of visas granted under subpara18 graph (A) of this paragraph to natives of the country or area is less

19 than 77 percent of the maximum number of visas that may be allocated

20 under section 4103(c) of this title to immigrants who are natives of the

21 country or area under section 4103(c) consistent with paragraph (1).

22 (4) For a foreign country or dependent area to which paragraph (1) of

23 this subsection applies—

24 (A) the number of immigrant visas that may be allocated under sec25 tion 4103(c) of this title to natives of the country or area who are

26 qualified immigrants and the unmarried sons and unmarried daughters

27 (but not children) of aliens lawfully admitted for permanent residence

28 may not be more than the greater of—

29 (i) 23 percent of the maximum number of visas that may be al30 located under section 4103(c) of this title to immigrants of the

31 country or area described by section 4103(c) consistent with para32 graph (1) of this subsection; or

33 (ii) the number, if any, by which the maximum number of visas

34 that may be allocated under section 4103(c) of this title to immi35 grants of the country or area described by section 4103(c) is more

36 than the number of visas granted under section 4103(c) to quali37 fied immigrants who are the spouses and children of aliens law38 fully admitted for permanent residence; and

39 (B) if the total number of visas granted under section 4103(c) of

40 this title is more than the maximum number of visas that may be allo41 cated to immigrants of the country or area under section 4103(c), all
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1 visas are deemed to have been required for the preferences specified in

2 section 4103(b) and (c) of this title when applying section 4103(d) and

3 (e) of this title under paragraph (1)(B) of this subsection.

4 § 4112. Charging immigrants to foreign countries

5 An immigrant is chargeable to the foreign country in which the immi6 grant was born except in the following circumstances:

7 (1) When an alien child is accompanied by or following to join an

8 alien parent of the child, the child may be charged to the foreign coun9 try of either parent if—

10 (A) the parent has received or qualifies for an immigrant visa;

11 (B) necessary to prevent the separation of the child from the

12 parent; and

13 (C) immigration charged to the foreign country to which the

14 parent has been or would be chargeable has not reached the nu15 merical limitation established by section 4111(a)(1) of this title.

16 (2) When an alien is chargeable to a foreign country different from

17 that of the spouse of the alien, the alien may be charged to the foreign

18 country of the spouse the alien is accompanying or following to join

19 if—

20 (A) the spouse has received or qualifies for an immigrant visa;

21 (B) necessary to prevent the separation of the alien and spouse;

22 and

23 (C) immigration charged to the foreign country to which the

24 spouse has been or would be chargeable has not reached the nu25 merical limitation established by section 4111(a)(1) of this title.

26 (3) An alien born in the United States is deemed to have been born

27 in the foreign country of which the alien is a citizen or subject. If the

28 alien is not a citizen or subject of a foreign country, the alien is

29 deemed to have been born in the last foreign country in which the con30 sular officer decides that the alien resided.

31 (4) An alien born in a foreign country in which neither parent of

32 the alien was born and in which neither parent resides at the time of

33 the birth of the alien may be charged to the foreign country of either

34 parent.

35 (5) An alien born in a dependent area of a foreign country, except

36 an alien described by section 4102(d) of this title, is chargeable to that

37 country.

38 § 4113. Burden of proof

39 An alien claiming to be an immigrant described by sections 4103–4106

40 and 4108 of this title, a special immigrant, or an immediate relative has
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1 the burden of proving that the alien is such an immigrant or an immediate

2 relative.

3 CHAPTER 43—PETITIONS AND DOCUMENTATION

SUBCHAPTER I—PETITIONS

Sec.

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. Granting 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.

4 SUBCHAPTER I—PETITIONS

5 § 4301. General

6 (a) PETITIONS TO THE ATTORNEY GENERAL.—The following individuals

7 may petition the Attorney General for the classification of aliens as follows:

8 (1) a citizen of the United States claiming classification for an alien

9 entitled to be classified as an immediate relative or under section

10 4103(b), (d), or (e) of this title.

11 (2) an alien lawfully admitted for permanent residence claiming clas12 sification for an alien entitled to be classified under section 4103(c) of

13 this title.

14 (3) an alien desiring to be classified under section 4104(b)(1)(A) of

15 this title, or a person for the alien.

16 (4) an individual intending to employ in the United States an alien

17 entitled to be classified under section 4104(b)(1)(B) or (C), (c), or (d)

18 of this title.

19 (5) except a special immigrant (as defined by section 137(a)(4) of

20 this title), an alien desiring to be classified under section 4104(e) of

21 this title, or a person for the alien.

22 (6) an alien desiring to be classified under section 4104(f) of this

23 title.

24 (b) PETITIONS TO THE SECRETARY OF STATE.—(1) An alien claiming

25 classification as a special immigrant (as defined by section 137(a)(4) of this

26 title) may petition the Secretary of State to be classified as that special im27 migrant. The alien may file a petition only after being notified by the Sec28 retary that the classification has been recommended and approved as pro29 vided by section 137(a)(4).

30 (2)(A) An alien desiring to be classified under section 4105 of this title

31 may petition the Secretary of State to be classified under section 4105.
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1 (B) The alien shall file the petition at the place and time the Secretary

2 of State decides by regulation. Only one petition may be filed during a peti3 tioning period established by the Secretary. If more than one petition is filed

4 during a period, all petitions filed by the alien during that period are void.

5 (C)(i) The Secretary of State shall designate a period during which a pe6 tition for a visa that may be granted under section 4105 of this title for

7 the fiscal year beginning after the end of the period may be filed.

8 (ii) An alien who qualifies for a visa under section 4105 of this title re9 mains eligible to receive the visa through the end of the fiscal year for which

10 the alien was selected.

11 (iii) The Secretary of State shall prescribe regulations necessary to carry

12 out this subparagraph.

13 (D) A petition under this paragraph shall—

14 (i) be in a form the Secretary of State prescribes by regulation; and

15 (ii) contain information and documentary evidence the Secretary re16 quires.

17 (c) APPROVING PETITIONS.—After investigating the facts about a peti18 tion, and after consulting with the Secretary of Labor about a petition to

19 classify an alien under section 4104(c) or (d) of this title, the Attorney Gen20 eral shall approve the petition if the Attorney General decides the facts stat21 ed in the petition are true and the alien is entitled to be classified as re22 quested as an immediate relative or under section 4103, 4104, or 4106 of

23 this title. After approving the petition, the Attorney General shall submit

24 one copy to the Secretary of State. The Secretary then shall authorize the

25 appropriate consular officer to classify the alien as approved.

26 (d) NONDISCRIMINATION.—Except as provided by sections 137,

27 4102(d)(6)–(8), 4103–4106, 4108, and 4111(a)(1) of this title, an alien

28 may not be classified or be discriminated against in granting an immigrant

29 visa under section 4313 of this title because of the alien’s race, sex, nation30 ality, place of birth, or place of residence.

31 (e) NO ENTITLEMENT TO ENTER THE UNITED STATES.—This sub32 chapter does not entitle an immigrant for whom a petition is approved

33 under this subchapter to enter the United States if found not to be entitled

34 to the classification on arrival in the United States.

35 § 4302. Approving petitions for children

36 (a) FAVORABLE HOME STUDY REQUIREMENT.—Notwithstanding section

37 4301 of this section, a petition for a child (as defined by section 110(a)(6)

38 of this title) may be approved only if a valid home study has been rec39 ommended favorably—

40 (1) by an agency of the State of the proposed residence of the child;
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1 (2) by an agency authorized to conduct the study by the State of

2 the proposed residence of the child; or

3 (3) for a child adopted outside the United States, by an appropriate

4 adoption agency licensed in the United States.

5 (b) PETITIONS FOR CERTAIN CHILDREN FATHERED BY CITIZENS OF

6 THE UNITED STATES.—(1) An alien claiming to be an alien described by

7 paragraph (2)(A) of this subsection, or a person for the alien, may petition

8 the Attorney General to be classified as an immediate relative or under sec9 tion 4103(b) or (d) of this title, as appropriate.

10 (2) After investigating the facts about a petition, the Attorney General

11 shall approve the petition if—

12 (A) the Attorney General has reason to believe that the alien was

13 born in Kampuchea, Korea, Laos, Thailand, or Vietnam after Decem14 ber 31, 1950, and before October 22, 1982, and was fathered by a citi15 zen of the United States;

16 (B) the Attorney General has received an acceptable guarantee of

17 legal custody and financial responsibility described by paragraph (5) of

18 this subsection; and

19 (C) for an alien less than 18 years of age—

20 (i) an appropriate child welfare agency licensed in the United

21 States and actively involved in the intercountry placement of chil22 dren arranged the placement of the alien with a sponsor in the

23 United States; and

24 (ii) the mother or guardian of the alien, in writing, irrevocably

25 released the alien for emigration.

26 (3) In considering a petition filed under this subsection, the Attorney

27 General shall—

28 (A) consult with appropriate government officials and officials of pri29 vate voluntary organizations in the foreign country in which the alien

30 was born in making the findings described by paragraph (2)(A) and

31 (C)(i) of this subsection; and

32 (B) consider the physical appearance of the alien and evidence pro33 vided by the petitioner, including—

34 (i) birth and baptismal certificates;

35 (ii) local civil records;

36 (iii) photographs of, and letters or proof of financial support

37 from, a putative father who is a citizen of the United States; and

38 (iv) relevant or probative testimony of witnesses.

39 (4) After approving the petition, the Attorney General shall submit one

40 copy to the Secretary of State.
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1 (5) A guarantee of legal custody and financial responsibility for an alien

2 required by paragraph (2) of this subsection must—

3 (A) be signed in the presence of a consular officer or an immigration

4 officer by a sponsor who is—

5 (i) at least 21 years of age;

6 (ii) of good moral character; and

7 (iii) a citizen of the United States or an alien lawfully admitted

8 for permanent residence; and

9 (B) provide that the sponsor agrees—

10 (i) for an alien less than 18 years of age, to assume legal cus11 tody for the alien when the alien departs for the United States

12 and until the alien becomes 18 years of age, as provided under the

13 laws of the State in which the alien and the sponsor will reside;

14 and

15 (ii) to provide, during the longer of the 5-year period beginning

16 on the date the alien acquires the status of an alien lawfully ad17 mitted for permanent residence or the period beginning on that

18 date and ending on the date the alien becomes 21 years of age,

19 financial support necessary to maintain the family in the United

20 States of which the alien is a member at a level equal to at least

21 125 percent of the current official poverty line (established by the

22 Director of the Office of Management and Budget under section

23 673(2) of the Omnibus Budget Reconciliation Act of 1981 (42

24 U.S.C. 9902(2) and revised by the Secretary of Health and

25 Human Services under section 673(2)) for a family the same size

26 as that of the family of the alien.

27 (6) The Attorney General may bring a civil action against the sponsor

28 in the district court of the United States for the judicial district in which

29 the sponsor resides to enforce a guarantee of legal custody and financial re30 sponsibility made under paragraph (5) of this subsection. However, a spon31 sor or the estate of the sponsor is not liable under the guarantee if the

32 sponsor dies or is adjudicated a bankrupt under title 11.

33 § 4303. Petitions for married aliens

34 (a) LIMITATIONS ON APPROVING PETITIONS FOR CERTAIN SPOUSES.—

35 The Attorney General may approve a spousal petition under section 4103(c)

36 of this title filed by an alien who, because of a prior marriage, had become

37 an alien lawfully admitted for permanent residence as the spouse of a citizen

38 of the United States or an alien lawfully admitted for permanent residence

39 only if—

40 (1) 5 years have passed since the alien had become an alien lawfully

41 admitted for permanent residence;
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1 (2) the alien, by clear and convincing evidence, satisfies the Attorney

2 General that the prior marriage was not entered into to evade the im3 migration laws; or

4 (3) the prior marriage of the alien ended by the death of the alien’s

5 spouse.

6 (b) PROHIBITION ON APPROVING PETITIONS BECAUSE OF MARRIAGES

7 TO EVADE IMMIGRATION LAWS.—Notwithstanding section 4301(c) of this

8 title, a petition to classify an alien may not be approved if—

9 (1) an alien previously was classified, or sought to be classified, as

10 an immediate relative or under section 4108 of this title as a spouse

11 of a citizen of the United States or an alien lawfully admitted for per12 manent residence because of a marriage the Attorney General decides

13 was entered into to evade the immigration laws; or

14 (2) the Attorney General decides the alien has attempted or con15 spired to enter into a marriage to evade the immigration laws.

16 (c) REQUIRED RESIDENCE OUTSIDE THE UNITED STATES FOR CERTAIN

17 ALIENS INVOLVED IN PROCEEDINGS.—(1) Notwithstanding section 4301(a)

18 and (b) of this title, a petition to classify an alien as an immediate relative

19 or under section 4103, 4104, 4105, or 4106 of this title because of a mar20 riage entered into after November 9, 1986, and during the period described

21 by section 9101(f)(1)(C) of this title may not be approved until the alien

22 resides outside the United States for 2 years after the marriage.

23 (2) Paragraph (1) of this subsection does not apply to a marriage if the

24 alien establishes by clear and convincing evidence satisfactory to the Attor25 ney General that—

26 (A) the marriage was entered into in good faith and under the laws

27 of the place where the marriage took place;

28 (B) the marriage was not entered into to procure the alien’s entry

29 as an immigrant; and

30 (C) no consideration was given, except to an attorney for assistance

31 in preparing a petition, for filing a petition under section 2329(b) or

32 4301(a) or (b) of this title for an alien spouse or alien son or daughter.

33 (3) Under regulations of the Attorney General, the Attorney General shall

34 allow only one level of administrative appellate review for each alien under

35 paragraph (2) of this subsection.

36 § 4304. Revoking approved petitions

37 The Attorney General may revoke at any time a petition approved by the

38 Attorney General under section 4301(c) of this title if the Attorney General

39 considers that there is good cause to revoke. Revocation is effective as of

40 the date of approval of the petition if notice of the revocation is mailed to

41 the last known address of the petitioner and the Secretary of State notifies
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1 the alien for whom the petition was filed of the revocation before the alien

2 begins traveling to the United States. If notice is not given as required by

3 this section and the alien applies for admission to the United States, the

4 admissibility of the alien shall be decided as provided by sections 6103,

5 6331(a)–(d) and (f)–(h), and 6332 of this title.

6 SUBCHAPTER II—DOCUMENTATION

7 § 4311. Documentation requirements

8 (a) DOCUMENTS REQUIRED.—(1) An immigrant may be admitted to the

9 United States only if, when applying for admission, the immigrant—

10 (A)(i) has an unexpired entry document required by this title; or

11 (ii) was born after an entry document was granted to the accom12 panying parent;

13 (B) has an unexpired travel document or document of identity and

14 nationality when required by regulations the Attorney General pre15 scribes; and

16 (C) has a visa granted as provided under sections 4103–4106 and

17 4313(b) of this title.

18 (2) This section does not apply to an alien admitted under section 5105

19 of this title.

20 (b) WAIVER FOR CERTAIN SPECIAL IMMIGRANTS.—Under conditions that

21 may be prescribed by regulations of the Attorney General, the Attorney

22 General may readmit a special immigrant (as defined by section 137(a)(1)

23 of this title) returning to the United States, without the alien’s having to

24 obtain a passport, immigrant visa, reentry permit, or other documentation,

25 if the alien otherwise is admissible.

26 § 4312. Applications for immigrant visas and registration

27 (a) APPLICATION REQUIREMENTS.—An alien applying for an immigrant

28 visa must apply in the way and at the place prescribed by regulation. The

29 application must contain the following information about the alien:

30 (1) the complete true name of the alien and each alias ever used.

31 (2) a personal description, including age, sex, height, complexion,

32 color of hair and eyes, and marks of identification.

33 (3) the date and place of birth.

34 (4) present and prior addresses.

35 (5) marital status and the names and addresses of the alien’s spouse

36 and children.

37 (6) the names and addresses of parents, and if neither parent is liv38 ing, the name and address of a next of kin in the foreign country from

39 which the alien is coming.

40 (7) occupation.

41 (8) any language the alien can speak, read, or write.
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1 (9) whether the alien is going to join a relative or friend in the

2 United States and, if so, the name and address of the relative or

3 friend.

4 (10) the purpose in going to the United States.

5 (11) the period of intended stay in the United States.

6 (12) the port of entry into the United States.

7 (13) any final destination beyond the port of entry, and whether the

8 alien has a ticket through to the final destination.

9 (14) whether the alien has ever been arrested, convicted, imprisoned,

10 or in a poorhouse.

11 (15) whether the alien has ever been granted a pardon or amnesty.

12 (16) whether the alien has ever been treated for mental disease.

13 (17) whether the alien is claiming to be an immediate relative, an

14 immigrant entitled to be classified under section 4103, 4104, 4105, or

15 4106 of this title, or a special immigrant, and the facts supporting the

16 claim.

17 (18) whether the alien may be excluded under the immigration laws

18 from admission to the United States, and whether the alien is claiming

19 exemption from exclusion.

20 (19) additional information prescribed by regulation that is necessary

21 to identify the alien and enforce the immigration and nationality laws.

22 (b) ADDITIONAL REQUIREMENTS.—(1) An alien applying for an immi23 grant visa must—

24 (A) register as provided by chapter 81 of this title when applying

25 for the visa;

26 (B) take a physical and mental examination prescribed by regulation;

27 (C) if required under regulations the Secretary of State prescribes,

28 present a passport or other suitable travel document or a document of

29 identity and nationality; and

30 (D) provide the consular officer, with the application, with a certified

31 copy of—

32 (i) a statement from the appropriate police authorities stating

33 what their records show about the alien;

34 (ii) any existing prison record, military record, and record of

35 birth of the alien; and

36 (iii) any other record or documentation about the alien that the

37 consular officer may require.

38 (2) Each certified copy provided under paragraph (1)(D) of this sub39 section shall be attached to the application and become a part of the appli40 cation. If the alien satisfies the consular officer that it is not possible to
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1 obtain the certified copy, the consular officer may allow the alien to submit

2 other satisfactory evidence of the fact to which the copy relates.

3 (c) SIGNATURE AND OATH.—Except as otherwise prescribed by regula4 tion, an alien must—

5 (1) sign an application for an immigrant visa in the presence of a

6 consular officer; and

7 (2) take an oath administered by the consular officer verifying the

8 application.

9 (d) PROCESSING IMMIGRANT VISA APPLICATIONS OF CUBAN NATIONALS

10 IN 3D COUNTRIES.—(1) In this subsection, ‘‘process’’ means accepting and

11 reviewing an application and preparing necessary documents and making

12 appropriate decisions related to the application.

13 (2) Notwithstanding sections 4313(f) and 6106 of this title, a consular

14 officer shall process an application for an immigrant visa by a Cuban na15 tional located in a 3d country on the same basis as an application for an

16 immigrant visa by a national of another country.

17 (e) STATEMENT ABOUT NO ENTITLEMENT TO ENTER THE UNITED

18 STATES.—An application for an immigrant visa shall inform the applicant

19 that a visa or other documentation granted to an alien does not entitle the

20 alien to enter the United States if, on arrival at a port of entry, the alien

21 is found to be inadmissible.

22 § 4313. Granting immigrant visas and other documentation

23 (a) REGISTRATION ON WAITING LISTS.—Waiting lists of aliens applying

24 for immigrant visas shall be maintained under regulations the Secretary of

25 State prescribes.

26 (b) ORDER OF GRANTING VISAS.—(1) Immigrant visas allocated under

27 section 4103 or 4104 of this title shall be granted to qualified immigrants

28 in the order in which a petition for each immigrant is filed with the Attor29 ney General (or with the Secretary of State for special immigrants as de30 fined by section 137(a)(4) of this title) under section 4301 (a) or (b) of this

31 title.

32 (2) Immigrant visas allocated under section 4105 of this title shall be

33 granted to qualified immigrants randomly as the Secretary prescribes for

34 the fiscal year involved.

35 (c) GRANTING VISAS.—(1) A consular officer grants an immigrant visa

36 at the office of the consular officer outside the United States. A consular

37 officer may grant an immigrant visa to an eligible immigrant who has made

38 a proper application for the visa.

39 (2) A consular officer may grant a special immigrant or an immediate

40 relative an immigrant visa as a special immigrant or an immediate relative

41 on receiving satisfactory proof, under regulations prescribed under this title,
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1 that the applicant is entitled to be classified as a special immigrant or an

2 immediate relative.

3 (d) PROHIBITIONS.—(1) A consular officer may not grant an immigrant

4 visa or other documentation to an alien if—

5 (A) the alien is required to be registered under section 8101(a)(1)

6 of this title and is not registered;

7 (B) the alien’s application does not comply with this title or regula8 tions prescribed under this title;

9 (C) the alien is excludable from admission to the United States; or

10 (D) the consular officer has reason to believe the alien is ineligible

11 for the visa or other documentation.

12 (2) Notwithstanding paragraph (1)(D) of this subsection, a consular offi13 cer may grant an immigrant visa or other documentation to an alien to

14 whom section 6304(a) of this title applies if—

15 (A) the alien otherwise may receive the visa or other documentation;

16 and

17 (B) the consular officer receives notice from the Attorney General

18 that the alien filed a bond or undertaking under section 6304(b) of this

19 title.

20 (e) CONTENTS OF VISAS.—An immigrant visa consists of the application

21 for the visa, when visaed by the consular officer. The visa shall specify—

22 (1) the foreign country and the classification to which the immigrant

23 is charged;

24 (2) the expiration date of the visa; and

25 (3) additional required information.

26 (f) DISCONTINUING GRANTING VISAS WHEN COUNTRY DENIES OR

27 DELAYS ACCEPTING ALIEN.—On being notified by the Attorney General

28 that the government of a foreign country denies or unreasonably delays ac29 cepting an alien who is a citizen, subject, national, or resident of that coun30 try after the Attorney General asks whether the government will accept the

31 alien under section 6537(a)(2)(B) of this title, the Secretary of State shall

32 order consular officers in that foreign country to discontinue granting immi33 grant visas to citizens, subjects, nationals, and residents of that country

34 until the Attorney General notifies the Secretary that the country has

35 accepted the alien.

36 § 4314. Period of validity and revocation

37 (a) VALIDITY.—An immigrant visa is valid for the period prescribed by

38 regulation, but for not more than 4 months. However, an immigrant visa

39 granted to a child legally adopted by a citizen of the United States or a

40 spouse of the citizen when the citizen is serving outside the United States

41 in the armed forces of the United States, is employed outside the United
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1 States by the United States Government, or is temporarily outside the Unit2 ed States on business, is valid until the regular return of the citizen to the

3 United States from the service, employment, or business, but for not more

4 than 3 years.

5 (b) REVOCATION.—A consular officer or the Secretary of State may re6 voke at any time an immigrant visa or other documentation granted to an

7 immigrant. A revocation invalidates the visa or documentation from the date

8 the visa or documentation is granted. The Attorney General shall be notified

9 of each revocation.

10 § 4315. Unused immigrant visas

11 (a) REPLACING UNUSED VISAS.—A consular officer may replace an im12 migrant visa under its original number during the fiscal year it was granted

13 if—

14 (1) the immigrant establishes to the satisfaction of the consular offi15 cer that the immigrant was unable to use the visa when it was valid

16 for reasons that the immigrant did not cause and that were beyond the

17 immigrant’s control;

18 (2) the consular officer finds the immigrant is eligible for an immi19 grant visa; and

20 (3) the immigrant pays again the statutory fees for an application

21 and immigrant visa.

22 (b) GRANTING UNUSED VISAS.—An eligible immigrant may be granted

23 an unused immigrant visa that the immigrant qualifies for if the visa origi24 nally was granted to another immigrant—

25 (1) deported after being excluded from admission;

26 (2) not applying for admission before the visa expires; or

27 (3) as a preference immigrant and the immigrant is found not to be

28 a preference immigrant.

29 § 4316. Reentry permits

30 (a) APPLICATIONS.—An alien lawfully admitted for permanent residence

31 who intends to leave the United States temporarily may apply to the Attor32 ney General for a reentry permit to reenter the United States. The applica33 tion must—

34 (1) state the length of, and reason for, the departure;

35 (2) state other information and be accompanied by photographs of

36 the applicant that the Attorney General prescribes by regulation; and

37 (3) be made under oath.

38 (b) GRANTING REENTRY PERMITS.—The Attorney General may grant the

39 reentry permit if the Attorney General finds—

40 (1) the application is made in good faith; and
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1 (2) the alien’s departure is not contrary to the interests of the Unit2 ed States.

3 (c) PERIOD OF VALIDITY.—A reentry permit may be granted for not

4 more than 2 years from the date it is granted and may not be renewed.

5 The alien may use the permit for any number of reentries into the United

6 States. The alien shall surrender the permit to the Attorney General when

7 the permit expires.

8 (d) PRESENTATION OF REENTRY PERMIT ON RETURNING TO THE UNIT9 ED STATES.—An alien granted a reentry permit shall present the permit

10 to the immigration officer at the port of entry on returning to the United

11 States. The immigration officer shall accept the permit as a substitute for

12 any visa otherwise required under this title. The permit has no effect under

13 the immigration laws except to establish that the alien is returning from a

14 temporary departure. However, this section does not require a reentry per15 mit as the only way that an alien may establish a return from a temporary

16 departure.

17 (e) FORM OF APPLICATIONS AND PERMITS.—The Attorney General shall

18 prescribe by regulation the form of the application and reentry permit, ex19 cept that the permit shall be in a form to identify the alien completely and

20 shall be printed on distinctive safety paper.

21 § 4317. Burden of proof

22 An individual applying for an immigrant visa or other documentation re23 quired for entering the United States as an immigrant has the burden of

24 proving that the individual is eligible to be granted the visa or documenta25 tion. A consular officer may grant the visa or documentation only if satis26 fied that the individual is eligible to receive the visa or documentation.

27 § 4318. Documentation waivers

28 The Attorney General may waive sections 4311(a)(1) and 6313(a)(2) and

29 (c) of this title for an immigrant who has an immigrant visa and otherwise

30 is admissible if the Attorney General is satisfied that the immigrant did not

31 know, and by reasonable diligence, could not have known, of the immi32 grant’s excludability—

33 (1) before the vessel or aircraft on which the alien came to the Unit34 ed States left the last port outside the United States and outside for35 eign contiguous territory; or

36 (2) for an immigrant coming from foreign contiguous territory, be37 fore the immigrant applied for admission.

38 CHAPTER 45—CONDITIONAL PERMANENT RESIDENT

39 STATUS

SUBCHAPTER I—CERTAIN ALIEN SPOUSES, SONS, AND DAUGHTERS

Sec.

4501. Definitions.
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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.

1 SUBCHAPTER I—CERTAIN ALIEN SPOUSES, SONS, AND

2 DAUGHTERS

3 § 4501. Definitions

4 In this subchapter—

5 (1) ‘‘alien son or daughter’’ means an alien who acquires the status

6 of an alien lawfully admitted for permanent residence because the alien

7 is the son or daughter of an individual through a qualifying marriage.

8 (2) ‘‘alien spouse’’—

9 (A) means an alien who, because of a qualifying marriage, ac10 quires the status of an alien lawfully admitted for permanent resi11 dence—

12 (i) as an immediate relative as the spouse of a citizen of

13 the United States;

14 (ii) under section 2309(b) of this title as the fiancee or fi15 ance of a citizen of the United States; or

16 (iii) under section 4103(c) of this title as the spouse of an

17 alien lawfully admitted for permanent residence; but

18 (B) does not include an alien who acquires the status of an

19 alien lawfully admitted for permanent residence because of section

20 4108 of this title.

21 (3) ‘‘petitioning spouse’’ means the spouse of a qualifying marriage,

22 except the alien.

23 (4) ‘‘qualifying marriage’’ means a marriage entered into less than

24 24 months before the date an alien spouse acquires the status of an

25 alien lawfully admitted for permanent residence because of the mar26 riage.

27 § 4502. Conditional basis of status

28 (a) GENERAL.—An alien spouse or an alien son or daughter, when ac29 quiring the status of an alien lawfully admitted for permanent residence, ac30 quires that status on a conditional basis as provided by this subchapter.
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1 (b) NOTICE REQUIREMENTS.—When an alien spouse or alien son or

2 daughter acquires the status of an alien lawfully admitted for permanent

3 residence on a conditional basis under subsection (a) of this section, the At4 torney General shall notify the spouse, son, or daughter about this sub5 chapter and the requirements of section 4503 of this title to have the condi6 tional basis of the status removed. However, the failure of the Attorney

7 General to provide notice does not affect the enforcement of this subchapter

8 against the spouse, son, or daughter.

9 § 4503. General requirements to remove conditional basis

10 To remove the conditional basis established under section 4502(a) of this

11 title, the alien spouse and the petitioning spouse (if living)—

12 (1) jointly must submit to the Attorney General a petition requesting

13 the removal of the conditional basis and containing, under penalty of

14 perjury, the information required by section 4504(b) of this title; and

15 (2) must appear before the Attorney General for a personal interview

16 about the information required by section 4504(b).

17 § 4504. Petitions

18 (a) TIME FOR SUBMISSION.—(1) Except as provided by paragraph (2) of

19 this subsection, the petition required by section 4503(1) of this title must

20 be submitted during the 90-day period immediately before the 2d anniver21 sary that the alien acquired the status of an alien lawfully admitted for per22 manent residence.

23 (2) A petition submitted after the 90-day period may be considered only

24 if the alien satisfies the Attorney General that good cause and extenuating

25 circumstances existed for not submitting the petition during that period.

26 (3) The Attorney General may stay a deportation proceeding against an

27 alien who did not submit a petition within the 90-day period required under

28 paragraph (1) of this subsection pending the submission of the petition

29 under paragraph (2) of this subsection.

30 (4) At or about the beginning of the 90-day period, the Attorney General

31 shall try to notify the alien spouse or alien son or daughter of the require32 ments of section 4503 of this title. However, the failure of the Attorney

33 General to provide notice does not affect the enforcement of this subchapter

34 against the spouse, son, or daughter.

35 (b) CONTENTS.—Each petition shall contain the following information:

36 (1) that the qualifying marriage—

37 (A) complied with the laws of the place where the marriage took

38 place;

39 (B) has not been annulled judicially or ended, except through

40 the death of a spouse; and
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1 (C) was not entered into to procure the entry of an alien as an

2 immigrant.

3 (2) that no consideration was given, except to an attorney for assist4 ance in preparing the petition, for filing under section 2309(b) or 4301

5 (a) or (b) of this title a petition for an alien spouse or an alien son

6 or daughter.

7 (3) the actual residence of each party to the qualifying marriage

8 since the date the alien spouse acquired the status of an alien lawfully

9 admitted for permanent residence on a conditional basis under section

10 4502(a) of this title.

11 (4) each employer and place of employment of each party since that

12 date.

13 § 4505. Personal interviews

14 (a) TIME AND LOCATION REQUIREMENTS.—(1) The personal interview

15 required by section 4503(2) of this title shall be conducted—

16 (A) within 90 days after the date a petition is submitted as required

17 by section 4503(1) of this title; and

18 (B) at a local office of the Immigration and Naturalization Service

19 the Attorney General designates that is convenient to the parties in20 volved.

21 (2) The Attorney General may waive the interview or the deadline for the

22 interview when appropriate.

23 (b) DECISIONS ON TRUTHFULNESS OF STATEMENTS.—Within 90 days

24 after an interview is conducted as required by section 4503(2) of this title,

25 the Attorney General shall decide whether the information in the petition

26 and required by section 4504(b) of this title about the qualifying marriage

27 is true.

28 § 4506. Favorable decisions on removing the conditional

29 basis

30 (a) FAVORABLE DECISIONS.—If the Attorney General decides the infor31 mation required by section 4504(b) of this title is true, the Attorney Gen32 eral shall notify the parties involved and shall remove the conditional basis

33 of the status of the parties effective on the 2d anniversary that the alien

34 acquired the status of an alien lawfully admitted for permanent residence.

35 (b) HARDSHIP WAIVERS.—(1) The Attorney General may remove the

36 conditional basis of an alien spouse or alien son or daughter when the alien

37 spouse does not comply with section 4503 of this title if the alien spouse

38 or alien son or daughter shows that—

39 (A) extreme hardship would result if the alien spouse or alien son

40 or daughter is deported;
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1 (B) the qualifying marriage was entered into in good faith by the

2 alien spouse, but the marriage has been ended (except through the

3 death of the spouse), and the alien spouse was not at fault in not com4 plying with section 4503 of this title; or

5 (C) the qualifying marriage was entered into in good faith by the

6 alien spouse and during the marriage the alien spouse or alien son or

7 daughter was battered by, or was the subject of extreme cruelty com8 mitted by, the spouse of the alien spouse or the citizen or permanent

9 resident parent of the alien son or daughter, and the alien spouse was

10 not at fault in not complying with section 4503 of this title.

11 (2) When deciding whether extreme hardship would result, the Attorney

12 General shall consider circumstances occurring only during the period the

13 alien was lawfully admitted for permanent residence on a conditional basis.

14 (3) The Attorney General shall establish by regulation ways to protect the

15 confidentiality of information about an abused alien spouse or alien son or

16 daughter, including information on the location of the spouse, son, or

17 daughter.

18 § 4507. Unfavorable decisions on removing the conditional

19 basis

20 (a) IMPROPER QUALIFYING MARRIAGES.—The Attorney General shall

21 end, as of the date the Attorney General makes a decision under this sub22 section, the status of an alien spouse or alien son or daughter as an alien

23 lawfully admitted for permanent residence and shall so notify the parties in24 volved if, before the 2d anniversary of the date the alien acquired the status,

25 the Attorney General decides that—

26 (1) the qualifying marriage—

27 (A) was entered into to procure an alien’s entry as an immi28 grant; or

29 (B) has been annulled judicially or ended, except through the

30 death of a spouse; or

31 (2) consideration was given, except to an attorney for assistance in

32 preparing the petition, for filing a petition for the alien under section

33 2309(b) or 4301(a) or (b) of this title.

34 (b) UNTRUE PETITION INFORMATION.—If the Attorney General decides

35 any information required by section 4504(b) of this title is not true, the At36 torney General shall end, as of the date of the decision, the status of an

37 alien spouse or alien son or daughter as an alien lawfully admitted for per38 manent residence and notify the parties involved.

39 (c) FAILURE TO FILE PETITIONS OR HAVE PERSONAL INTERVIEWS.—

40 The Attorney General shall end, as of the 2d anniversary of the alien’s law-
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1 ful admission for permanent residence, the status of an alien spouse or alien

2 son or daughter as an alien lawfully admitted for permanent residence if—

3 (1) a petition is not submitted as required by section 4503(1) of this

4 title; or

5 (2) unless good cause is shown, the alien spouse and petitioning

6 spouse do not appear at the interview required by section 4503(2) of

7 this title.

8 (d) REVIEW OF DECISIONS.—(1) An alien whose permanent resident sta9 tus is ended under subsection (a) or (b) of this section may request a review

10 of the decision in a proceeding to deport the alien. The burden of proof is

11 on the Attorney General to establish by a preponderance of the evidence

12 that—

13 (A) if ended under subsection (a) of this section, a ground described

14 by subsection (a) is met; or

15 (B) if ended under subsection (b) of this section, any information re16 quired by section 4504(b) of this title about the qualifying marriage

17 is not true.

18 (2) An alien whose permanent resident status is ended under subsection

19 (c) of this section has the burden of proof in a deportation proceeding of

20 establishing compliance with section 4503 of this title.

21 § 4508. Treatment of conditional basis period for naturaliza22 tion purposes

23 In carrying out subtitle V of this title, an alien who is in the United

24 States as an alien lawfully admitted for permanent residence on a condi25 tional basis under this subchapter is deemed to have been admitted and to

26 be in the United States as an alien lawfully admitted for permanent resi27 dence.

28 § 4509. Ending waivers

29 A waiver under section 6301(b) or 6307(b) of this title obtained by an

30 alien to acquire the status of an alien lawfully admitted for permanent resi31 dence on a conditional basis under this subchapter ends when the status

32 ends under this subchapter.

33 SUBCHAPTER II—CERTAIN ALIEN ENTREPRENEURS, SPOUSES,

34 AND CHILDREN

35 § 4521. Definitions

36 In this subchapter—

37 (1) ‘‘alien child’’ means an alien who acquires the status of an alien

38 lawfully admitted for permanent residence because the alien is the child

39 of an alien entrepreneur.
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1 (2) ‘‘alien entrepreneur’’ means an alien who acquires the status of

2 an alien lawfully admitted for permanent residence under section

3 4104(f) of this title.

4 (3) ‘‘alien spouse’’ means an alien who acquires the status of an

5 alien lawfully admitted for permanent residence because the alien is the

6 spouse of an alien entrepreneur.

7 § 4522. Conditional basis of status

8 (a) GENERAL.—An alien entrepreneur, alien spouse, or alien child, when

9 acquiring the status of an alien lawfully admitted for permanent residence,

10 acquires that status on a conditional basis as provided by this subchapter.

11 (b) NOTICE REQUIREMENTS.—When an alien entrepreneur, alien spouse,

12 or alien child acquires the status of an alien lawfully admitted for perma13 nent residence on a conditional basis under subsection (a) of this section,

14 the Attorney General shall notify the entrepreneur, spouse, or child about

15 this subchapter and the requirements of section 4523 of this title to have

16 the conditional basis of the status removed. However, the failure of the At17 torney General to provide notice does not affect the enforcement of this sub18 chapter against the entrepreneur, spouse, or child.

19 § 4523. General requirements to remove conditional basis

20 To remove the conditional basis established under section 4522(a) of this

21 title, the alien entrepreneur must—

22 (1) submit to the Attorney General a petition requesting the removal

23 of the conditional basis and containing, under penalty of perjury, the

24 information described by section 4524(b) of this section; and

25 (2) appear before the Attorney General for a personal interview

26 about the information required by section 4524(b).

27 § 4524. Petitions

28 (a) TIME FOR SUBMISSION.—(1) Except as provided by paragraph (2) of

29 this subsection, the petition required by section 4523(1) of this title must

30 be submitted during the 90-day period immediately before the 2d anniver31 sary that the alien acquired the status of an alien lawfully admitted for per32 manent residence.

33 (2) A petition submitted after the 90-day period may be considered only

34 if the alien satisfies the Attorney General that good cause and extenuating

35 circumstances exist for not submitting the petition during that period.

36 (3) The Attorney General may stay a deportation proceeding against an

37 alien who did not submit a petition within the 90-day period required under

38 paragraph (1) of this subsection pending the submission of the petition

39 under paragraph (2) of this subsection.

40 (4) At or about the beginning of the 90-day period, the Attorney General

41 shall try to notify the alien entrepreneur, alien spouse, or alien child of the
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1 requirements of section 4523 of this title. However, the failure of the Attor2 ney General to provide notice does not affect the enforcement of this chap3 ter against the entrepreneur, spouse, or child.

4 (b) CONTENTS.—Each petition shall contain information demonstrating

5 that the alien—

6 (1) established a commercial enterprise;

7 (2) invested or was actively in the process of investing the required

8 capital; and

9 (3) conducted the actions described by clauses (1) and (2) of this

10 subsection during the entire period of the alien’s residence in the

11 United States.

12 § 4525. Personal interviews

13 (a) TIME AND LOCATION REQUIREMENTS.—(1) The personal interview

14 required by section 4523(2) of this title shall be conducted—

15 (A) within 90 days after the date a petition is submitted as required

16 by section 4523(1) of this title; and

17 (B) at a local office of the Immigration and Naturalization Service

18 the Attorney General designates that is convenient to the parties in19 volved.

20 (2) The Attorney General may waive the interview or the deadline for the

21 interview when appropriate.

22 (b) DECISIONS ON TRUTHFULNESS OF STATEMENTS.—Within 90 days

23 after an interview is conducted under section 4523(2) of this title, the At24 torney General shall decide whether the information in the petition and re25 quired by section 4524(b) of this title about the qualifying commercial en26 terprise is true.

27 § 4526. Favorable decisions on removing the conditional

28 basis

29 If the Attorney General decides the information required by section

30 4524(b) of this title is true, the Attorney General shall notify the alien in31 volved and shall remove the conditional basis of the status of the alien effec32 tive on the 2d anniversary that the alien acquired the status of an alien

33 lawfully admitted for permanent residence.

34 § 4527. Unfavorable decisions on removing the conditional

35 basis

36 (a) IMPROPER QUALIFYING ENTREPRENEURSHIPS.—The Attorney Gen37 eral shall end, as of the date the Attorney General makes a decision under

38 this subsection, the status of an alien entrepreneur, alien spouse, and alien

39 child as aliens lawfully admitted for permanent residence and shall so notify

40 the alien entrepreneur if, before the 2d anniversary of the date the alien
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1 entrepreneur acquired the status, the Attorney General decides the alien en2 trepreneur—

3 (1) established the commercial enterprise only to evade the immigra4 tion laws of the United States;

5 (2)(A) did not establish a commercial enterprise;

6 (B) did not invest or was not actively in the process of investing the

7 required capital; or

8 (C) was not conducting the actions described by subclauses (A) and

9 (B) of this clause during the entire period of the alien’s residence in

10 the United States; or

11 (3) otherwise was not complying with the requirements of section

12 4104(f) of this title.

13 (b) UNTRUE PETITION INFORMATION.—If the Attorney General decides

14 any information required by section 4524(b) of this title is not true, the At15 torney General shall end, as of the date of the decision, the status of an

16 alien entrepreneur, alien spouse, or alien child as an alien lawfully admitted

17 for permanent residence and notify the alien involved.

18 (c) FAILURE TO FILE PETITIONS OR HAVE PERSONAL INTERVIEWS.—

19 The Attorney General shall end, as of the 2d anniversary of the alien’s law20 ful admission for permanent residence, the status of an alien entrepreneur

21 as an alien lawfully admitted for permanent residence (and the status of the

22 entrepreneur’s spouse or child if acquired under section 4502(a) or 4522(a)

23 of this title) if—

24 (1) a petition is not submitted as required by section 4523(1) of this

25 title; or

26 (2) unless good cause is shown, the alien entrepreneur does not ap27 pear at the interview required by section 4523(2) of this title.

28 (d) REVIEW OF DECISIONS.—(1) An alien whose permanent residence

29 status is ended under subsection (a) or (b) of this section may request a

30 review of the decision in a proceeding to deport the alien. The burden of

31 proof is on the Attorney General to establish by a preponderance of the evi32 dence that—

33 (A) if ended under subsection (a) of this section, a ground described

34 by subsection (a) is met; or

35 (B) if ended under subsection (b) of this section, the information re36 quired by section 4524(b) of this title about the qualifying commercial

37 enterprise is not true.

38 (2) An alien whose permanent residence status is ended under subsection

39 (c) of this section has the burden of proof in a deportation proceeding of

40 establishing compliance with section 4523 of this title.
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1 § 4528. Treatment of conditional basis period for naturaliza2 tion purposes

3 In carrying out subtitle V of this title, an alien who is in the United

4 States as an alien lawfully admitted for permanent residence on a condi5 tional basis under this subchapter is deemed to have been admitted and to

6 be in the United States as an alien lawfully admitted for permanent resi7 dence.

8 PART C—REFUGEES

9 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. Change of status.

10 § 5101. Definition

11 (a) APPROPRIATE CONSULTATION.—In this chapter, ‘‘appropriate con12 sultation’’ means discussions in person between Cabinet-level representatives

13 of the President and members of the Committees on the Judiciary of the

14 Senate and House of Representatives on refugee admissions and the alloca15 tion of refugee admissions that—

16 (1) review the worldwide refugee situation or an unforeseen emer17 gency refugee situation and estimate possible United States participa18 tion in the situation;

19 (2) consider the reasons for believing that the proposed admissions

20 are justified by humanitarian concerns or grave humanitarian concerns

21 or otherwise are in the interest of the United States; and

22 (3) provide the members with—

23 (A) a description of the nature of the refugee situation;

24 (B) a description of the number and allocation of the refugees

25 to be admitted and an analysis of conditions in the foreign coun26 tries from which they came;

27 (C) a description of the proposed plans and estimated cost of

28 moving and resettling the refugees;

29 (D) an analysis of the anticipated social, economic, and demo30 graphic impact of the refugee admissions on the United States;

31 (E) a description of the extent to which other foreign countries

32 will admit and assist in resettling the refugees;

33 (F) an analysis of the impact of United States participation in

34 the resettlement of the refugees on the foreign policy interests of

35 the United States; and
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1 (G) additional information that may be appropriate or requested

2 by the members.

3 (b) PROVIDING INFORMATION IN ADVANCE.—To the extent possible, in4 formation described by subsection (a)(3) of this section shall be provided at

5 least 2 weeks before the discussions in person between the representatives

6 of the President and the members.

7 § 5102. Annual worldwide numerical limitations

8 Before the beginning of each fiscal year and after appropriate consulta9 tion, the President shall establish for the fiscal year the number of refugee

10 admissions to the United States justified by humanitarian concerns or oth11 erwise in the interest of the United States and state, of the number estab12 lished for the prior fiscal year, the number of aliens granted asylum. After

13 appropriate consultation, the President shall allocate admissions among ref14 ugees of special humanitarian concern to the United States.

15 § 5103. Additional emergency numerical limitations

16 (a) ESTABLISHMENT OF NUMBER.—As provided by this section, the

17 President may establish an additional number of refugee admissions to the

18 United States for a succeeding period of not more than 12 months. The

19 President may establish the additional number when the President decides,

20 before the beginning of the period and after appropriate consultation,

21 that—

22 (1) an unforeseen emergency refugee situation exists;

23 (2) the admission of certain refugees in response to the situation is

24 justified by grave humanitarian concerns or otherwise is in the interest

25 of the United States; and

26 (3) the admission of the refugees cannot be carried out under section

27 5102 of this title.

28 (b) ALLOCATION.—After appropriate consultation, the President shall al29 locate the admissions under subsection (a) of this section among refugees

30 of special humanitarian concern to the United States.

31 § 5104. Congressional consultation and hearings

32 (a) PRESIDENTIAL REPORTS AND DISCUSSIONS.—Before the beginning of

33 each fiscal year, the President shall report to the Committees on the Judici34 ary of the Senate and House of Representatives on the foreseeable number

35 of refugees who will need resettlement during the fiscal year and the antici36 pated allocation of refugee admissions during that year. The President shall

37 provide for periodic discussions between representatives of the President and

38 members of the Committees on—

39 (1) changes in the worldwide refugee situation;

40 (2) the progress of refugee admissions; and
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1 (3) the possible need for changes in the allocation of admissions

2 among refugees.

3 (b) PRINTING IN CONGRESSIONAL RECORD.—As soon as possible after

4 representatives of the President initiate appropriate consultation on the

5 number of refugee admissions under section 5102 or 5103 of this title, the

6 Committees shall have the substance of the consultations printed in the

7 Congressional Record.

8 (c) COMMITTEE HEARINGS.—After the President begins appropriate con9 sultation before acting under section 5102 or 5103 of this title, each Com10 mittee shall hold a hearing to review the proposed action unless—

11 (1) public disclosure of the details of the action would jeopardize the

12 lives or safety of individuals; and

13 (2) if an action under section 5103, the time and nature of the emer14 gency refugee situation do not permit hearings.

15 § 5105. Admissions

16 (a) AUTHORITY OF THE ATTORNEY GENERAL.—The Attorney General

17 may admit a refugee under regulations the Attorney General prescribes and

18 subject to the numerical limitations of sections 5102 and 5103 of this title.

19 The Attorney General may admit the refugee when the refugee—

20 (1) is not resettled firmly in a foreign country;

21 (2) is admissible (except as otherwise provided under subsections (d)

22 and (e) of this section) as an immigrant under this title; and

23 (3) is of special humanitarian concern to the United States.

24 (b) BURDEN OF PROOF.—An alien claiming refugee status has the bur25 den of proving that the alien is entitled to that status.

26 (c) ADMISSION OF SPOUSES AND CHILDREN.—(1) The spouse or child

27 (as defined by section 110(a)(1)–(5) of this title) of a refugee qualifying for

28 admission under subsection (a) of this section is entitled to be admitted the

29 same as the refugee if the spouse or child is—

30 (A) accompanying or following to join the refugee;

31 (B) not an individual referred to in section 135(2) of this title; and

32 (C) not admissible (except as otherwise provided under subsections

33 (d) and (e) of this section) under subsection (a) of this section.

34 (2) The admission of the spouse or child shall be charged against the nu35 merical limitation under which the refugee’s admission is charged.

36 (d) NONAPPLICATION.—Sections 4104(c)(2), (d)(3), and (g)(1) and (2),

37 4311(a), 6304(a), and 6313 of this title do not apply to an alien applying

38 for admission under this section.

39 (e) WAIVERS.—(1) The Attorney General may waive section 2121(a) and

40 subchapter I of chapter 63 of this title (except sections 6307(a)(3),

41 6308(a)–(c), and 6309) for the alien—
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1 (A) for humanitarian purposes;

2 (B) to ensure family unity; or

3 (C) when otherwise in the public interest.

4 (2) A waiver under paragraph (1) of this subsection shall be in writing

5 and granted only after an investigation of the alien. The Attorney General

6 shall report to Congress after the end of each fiscal year on the number

7 of waivers granted in that fiscal year and a summary of the reasons for

8 granting the waivers.

9 (f) CERTAIN CUBAN POLITICAL PRISONERS.—(1) In this subsection,

10 ‘‘process’’ means accepting and reviewing an application and preparing nec11 essary documents and making appropriate decisions related to the applica12 tion.

13 (2) Consistent with the procedure applicable to similar cases in other for14 eign countries, and except as necessary to ensure the orderly process of

15 available applicants, consular officers and the Attorney General shall proc16 ess an application from a Cuban national imprisoned for any period of time

17 after December 31, 1958, as an application for admission to the United

18 States as a refugee.

19 (g) ENDING REFUGEE STATUS.—Under regulations the Attorney General

20 prescribes, the Attorney General may end the refugee status of an alien and

21 the spouse and child of the alien on finding that the alien was not a refugee

22 at the time of the alien’s admission.

23 § 5106. Asylum

24 (a) APPLICATIONS FOR, AND GRANTING, ASYLUM.—The Attorney Gen25 eral shall prescribe a procedure for an alien physically present in the United

26 States or at a land border or port of entry, regardless of the alien’s status,

27 to apply for asylum. If the Attorney General decides that the alien is a refu28 gee (as defined by section 135(1)(A) of this title), the Attorney General may

29 grant asylum to the alien. However, an alien convicted of an aggravated fel30 ony may not apply for, or be granted, asylum.

31 (b) ENDING ASYLUM.—Under regulations the Attorney General pre32 scribes, the Attorney General may end asylum granted under subsection (a)

33 of this section if the Attorney General decides that the alien is no longer

34 a refugee (as defined by section 135(1)(A) of this title) because of a change

35 in circumstances—

36 (1) in the alien’s country of nationality; or

37 (2) if the alien has no nationality, in the country in which the alien

38 last habitually resided.

39 (c) GRANTING ASYLUM TO SPOUSES AND CHILDREN.—The spouse or

40 child (as defined by section 110(a)(1)–(5) of this title) of an alien granted
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1 asylum under subsection (a) of this section may be granted asylum under

2 subsection (a) if the spouse or child—

3 (1) is accompanying or following to join the alien; and

4 (2) may not be granted asylum otherwise under subsection (a) of this

5 section.

6 § 5107. Change of status

7 (a) INSPECTION AND EXAMINATION OF REFUGEES FOR ADMISSION AS

8 IMMIGRANTS.—(1) An alien admitted as a refugee under section 5105 of

9 this title and physically present in the United States for at least one year

10 shall return or be returned to the custody of the Attorney General at the

11 end of the year for inspection and examination for admission as an immi12 grant under sections 6103, 6331(a)–(d) and (f)–(h), and 6332 of this title

13 if—

14 (A) the refugee’s status as a refugee has not been ended by the At15 torney General; and

16 (B) the refugee has not been lawfully admitted for permanent resi17 dence.

18 (2) A refugee found to be admissible (except as otherwise provided under

19 subsections (d)(2) and (e) of this section) as an immigrant under this title

20 at the time of the refugee’s inspection and examination under paragraph (1)

21 of this subsection shall be lawfully admitted for permanent residence as of

22 the date of the refugee’s arrival in the United States. Admission is without

23 regard to the numerical limitations of this title.

24 (b) ALIENS GRANTED ASYLUM.—(1) Under regulations the Attorney

25 General prescribes, not more than 10,000 of the refugee admissions author26 ized in a fiscal year under section 5102 of this title may be allocated to

27 the Attorney General to change the status of aliens granted asylum under

28 section 5106 of this title to that of aliens lawfully admitted for permanent

29 residence. The status of an alien may be changed when the alien—

30 (A) applies for the change;

31 (B) has been physically present in the United States for at least one

32 year after being granted asylum;

33 (C) continues to be a refugee as required by section 5106 of this title

34 or a spouse or child of the refugee;

35 (D) is not resettled firmly in a foreign country; and

36 (E) is admissible (except as otherwise provided under subsections

37 (d)(2) and (e) of this section) as an immigrant under this title at the

38 time of examination for the change.

39 (2) On approval of an application under paragraph (1) of this subsection,

40 the Attorney General shall record the lawful admission for permanent resi41 dence of the alien as of the date one year before the date of approval.
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1 (c) CERTAIN FORMER ASYLEES.—(1) Except as provided by paragraph

2 (2) of this subsection and subsection (d)(1) of this section, subsection (b)

3 of this section applies to an alien granted asylum before November 29, 1990

4 (even if asylum had been ended under section 5106(b) of this title) who—

5 (A) is no longer a refugee because of a change in circumstances in

6 a foreign country; and

7 (B) was or would be qualified for a change of status under sub8 section (b) on November 29, 1990, except for subsection (b)(1)(B) and

9 (C) and the numerical limitation under subsection (b).

10 (2) The number of aliens who are natives of a foreign country who may

11 change their status under paragraph (1) of this subsection in a fiscal year

12 may not be more than the difference between the foreign country limitation

13 established under 4111(a) of this title and the number of aliens chargeable

14 to the country in the fiscal year under section 4112 of this title.

15 (d) NONAPPLICATION.—(1) The numerical limitation of subsection (b) of

16 this section does not apply to an alien described by subsection (c) of this

17 section or to an alien who applied for a change of status under subsection

18 (b) before June 2, 1990.

19 (2) Sections 4311(a), 6304(a), 6313, and 9106 of this title do not apply

20 to an alien whose status is being changed under this section.

21 (e) WAIVER.—The Attorney General may waive section 2121(a) and sub22 chapter I of chapter 63 of this title (except sections 6307(a)(3), 6308(a)–

23 (c), and 6309) for an alien—

24 (1) for humanitarian purposes;

25 (2) to ensure family unity; or

26 (3) when otherwise in the public interest.

27 PART D—ENTRY, EXCLUSION, AND DEPORTATION

28 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.

6104. Physical and mental examinations of arriving aliens.

6105. Custody pending decisions on excluding aliens convicted of aggravated felonies.

6106. Presidential authority to suspend 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.

29 SUBCHAPTER I—GENERAL

30 § 6101. Time and place of entry

31 An alien may enter the United States only at the time and place des32 ignated by an immigration officer.
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1 § 6102. Presentation of documentation

2 (a) IMMIGRANT ARRIVALS.—An alien arriving in the United States as an

3 immigrant shall surrender the alien’s immigrant visa to the immigration of4 ficer at the port of entry. The immigration officer shall endorse on the

5 visa—

6 (1) the date and the port of arrival;

7 (2) the identity of the vessel, aircraft, or other means of transpor8 tation; and

9 (3) other information required by regulation.

10 (b) NONIMMIGRANT ARRIVALS.—(1) Except as provided by paragraph (2)

11 of this subsection, an alien arriving in the United States as a nonimmigrant

12 shall present or surrender to the immigration officer at the port of entry

13 documentation required by regulation.

14 (2) An alien arriving in the United States as a nonimmigrant crew15 member with a passport and no other documentation may be admitted until

16 it is practicable to grant documentation to the alien if—

17 (A) the name of the crewmember is on the crew list of the vessel

18 or aircraft on which the crewmember arrives;

19 (B) a consular officer visas the crew list (but the consular officer

20 may exclude a crewmember from the crew list visa); and

21 (C) the alien is otherwise admissible.

22 (c) RECORDS OF ADMISSION.—The Attorney General shall file—

23 (1) as a record of an alien’s admission, an immigrant visa surren24 dered by the alien under subsection (a) of this section; and

25 (2) a record of entry into the United States that the Attorney Gen26 eral considers necessary to enforce the immigration laws, on the admis27 sion of—

28 (A) a returning resident immigrant under section 4311(b) of

29 this title; and

30 (B) a nonimmigrant.

31 § 6103. Inspection of arriving individuals

32 (a) GENERAL AUTHORITY.—An immigration officer may inspect an indi33 vidual arriving in the United States to decide whether the individual is ad34 missible.

35 (b) STATEMENTS UNDER OATH.—An individual arriving in the United

36 States may be required to state under oath—

37 (1) the individual’s purpose in coming to the United States;

38 (2) the period the individual intends to remain in the United States;

39 (3) whether, if an alien, the individual intends to become a citizen

40 of the United States; and
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1 (4) additional information to assist the immigration officer in decid2 ing whether the individual is a national of the United States or an

3 alien, and if an alien, whether the individual is excludable.

4 (c) DETENTION AND INSPECTION OF ALIENS.—(1) To decide whether an

5 alien arriving in the United States is admissible, an immigration officer

6 shall detain the alien for a sufficient time—

7 (A) to inspect the alien; and

8 (B) to have the alien undergo a physical and mental examination

9 under section 6104 of this title.

10 (2) Except as provided by paragraph (3) of this subsection, the alien shall

11 be detained for further inquiry before a special inquiry officer under section

12 6331 of this title if—

13 (A) the immigration officer has any doubt about the alien’s admissi14 bility; or

15 (B) another immigration officer challenges the first immigration offi16 cer’s decision to admit the alien.

17 (3) Paragraph (2) of this subsection does not apply to an alien who is—

18 (A) a crewmember;

19 (B) a stowaway; or

20 (C) excluded from admission under subsection (d) of this section.

21 (d) ALIENS DANGEROUS TO NATIONAL SECURITY.—(1) If an immigra22 tion officer or a special inquiry officer suspects that an alien may be exclud23 able under section 6308(a)(1) or (3), (b), or (c) of this title, the officer shall

24 exclude the alien temporarily from admission and report the exclusion to the

25 Attorney General. No further inquiry may be conducted until ordered by the

26 Attorney General. The alien or the alien’s representative may submit a writ27 ten statement and additional information for consideration by the Attorney

28 General.

29 (2) The Attorney General may order the alien excluded and deported

30 without further inquiry by a special inquiry officer if the Attorney Gen31 eral—

32 (A) is satisfied on the basis of confidential information that the alien

33 is excludable under section 6308(a)(1) or (3), (b), or (c) of this title;

34 and

35 (B) after consulting with appropriate security agencies of the United

36 States Government, concludes that disclosure of the information would

37 be prejudicial to the public interest, safety, or security.

38 § 6104. Physical and mental examinations of arriving aliens

39 (a) EXAMINATIONS BY MEDICAL OFFICERS.—Except as provided by sub40 section (c) of this section, a medical officer of the Public Health Service

41 shall—
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1 (1) conduct a physical and mental examination of an alien arriving

2 in the United States; and

3 (2) certify any observation by the officer that—

4 (A) the alien has a condition described by section 6302(a) of

5 this title; or

6 (B) an alien ordered excluded and deported is helpless because

7 of sickness, disability, or infancy.

8 (b) OFFICERS TRAINED IN MENTAL EXAMINATIONS.—Medical officers of

9 the Service, specially trained in diagnosing mental defects, shall be assigned

10 to ports of entry designated by the Attorney General. The Attorney General

11 shall provide those medical officers with interpreters and suitable facilities

12 for detaining and examining arriving aliens suspected of being excludable

13 under section 6302(a) of this title.

14 (c) USE OF PRIVATE AND MILITARY PHYSICIANS.—If a medical officer

15 of the Service is not available to conduct an examination under subsection

16 (a) of this section, the Attorney General may obtain, on terms the Attorney

17 General prescribes, the services of—

18 (1) a private physician with at least 4 years of professional experi19 ence; or

20 (2) if the alien to be examined is a special immigrant as defined by

21 section 137(a)(13) of this title, a physician of the armed forces of the

22 United States with at least 4 years of professional experience.

23 (d) EXAMINATIONS CONDUCTED UNDER REGULATIONS.—Examinations

24 under this section shall be conducted under administrative regulations pre25 scribed by the Attorney General and medical regulations prescribed by the

26 Secretary of Health and Human Services.

27 (e) APPEAL OF CERTIFICATION.—An alien certified under this section as

28 having a condition described by section 6302(a) of this title may appeal the

29 certification to a board of medical officers of the Service convened by the

30 Secretary. The alien may present before the board, at the alien’s expense,

31 one expert medical witness.

32 § 6105. Custody pending decisions on excluding aliens con33 victed of aggravated felonies

34 (a) CUSTODY.—Pending a decision on excludability, the Attorney General

35 shall take into custody an alien convicted of an aggravated felony when the

36 alien is released (whether the alien is released on parole, supervised release,

37 or probation or may be arrested or imprisoned again for the same offense).

38 (b) RELEASE FROM CUSTODY.—The Attorney General may release an

39 alien taken into custody under subsection (a) of this section only if—
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1 (1) the Attorney General decides that the alien may not be deported

2 because the condition described by section 4313(f) of this title exists;

3 and

4 (2)(A) a procedure has been established for reviewing each request

5 for release under this subsection;

6 (B) the procedure includes consideration of the severity of the felony

7 committed; and

8 (C) the review concludes that the alien will not pose a danger to the

9 safety of other individuals or to property.

10 § 6106. Presidential authority to suspend entry of aliens

11 When the President finds that the entry of aliens or a class of aliens into

12 the United States would be detrimental to the interests of the United

13 States, the President, by proclamation, may suspend the entry of all aliens

14 or a class of aliens or impose restrictions on their entry, for any period the

15 President considers necessary.

16 § 6107. Denial of admission of United Nations representa17 tives because of espionage

18 The President shall use the authority of the President, including the au19 thority contained in section 6 of the Joint Resolution of August 4, 1947

20 (ch. 482, 61 Stat. 767) (known as the United Nations Headquarters Agree21 ment Act), to deny admission of an individual to the United States as a

22 representative to the United Nations if the President decides that the indi23 vidual has been found to have been engaged in espionage activities directed

24 against the United States or its allies and may pose a threat to the security

25 interests of the United States. The President may waive this section if the

26 President decides, and notifies Congress, that the waiver is in the security

27 interests of the United States.

28 SUBCHAPTER II—ADMISSION OF CERTAIN ALIENS

29 § 6121. Lawfully admitted aliens returning after temporary

30 absence

31 (a) GENERAL.—The Attorney General may admit an alien who is lawfully

32 admitted for permanent residence and returning after a temporary absence,

33 without regard to section 4311(a) or subchapter I of chapter 63 of this title

34 (except sections 6308, 6309, and 6312), if the alien—

35 (1) left the United States voluntarily and not under an order of de36 portation; and

37 (2) is returning to a lawful unrelinquished domicile of 7 consecutive

38 years.

39 (b) OTHER AUTHORITY NOT LIMITED.—Subsection (a) of this section

40 does not limit the authority of the Attorney General under section 4311(b)

41 of this title.
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1 (c) NONAPPLICATION TO CERTAIN FELONS.—Subsection (a) of this sec2 tion does not apply to an alien who has been convicted of, and has served

3 a total term of imprisonment of at least 5 years for, one or more aggravated

4 felonies.

5 § 6122. Temporary admission of excludable nonimmigrants

6 (a) GRANTING NONIMMIGRANT VISAS.—An alien applying for a non7 immigrant visa who a consular officer believes is ineligible for the visa under

8 section 2121(a) of this title or excludable under subchapter I of chapter 63

9 of this title (except sections 6308(a)(1)(A), (2), and (3), and (c), and 6309)

10 may be granted a nonimmigrant visa and admitted temporarily as a non11 immigrant if the Attorney General approves a recommendation by the offi12 cer or the Secretary of State that the alien be admitted temporarily despite

13 the alien’s inadmissibility.

14 (b) ADMISSIONS.—An alien inadmissible under section 2121(a) of this

15 title or excludable under subchapter I of chapter 63 of this title (except sec16 tions 6308(a)(1)(A), (2), and (3), and (c), and 6309) may be admitted tem17 porarily as a nonimmigrant if the alien—

18 (1) has the appropriate documentation; or

19 (2) is granted a waiver of the documentation requirements.

20 (c) CONDITIONS TO CONTROL ADMISSION AND RETURN.—The Attorney

21 General shall prescribe conditions, including filing a bond as necessary, to

22 control the admission and return of aliens applying for admission under this

23 section.

24 § 6123. Temporary parole

25 (a) GENERAL.—Except as provided by section 2305(c) of this title, the

26 Attorney General, for an emergency or other reasons strictly in the public

27 interest, may parole temporarily into the United States an alien applying

28 for admission. However, if the alien is a refugee, the Attorney General may

29 parole the alien only if the Attorney General finds compelling reasons in the

30 public interest requiring the alien to be paroled instead of admitted as a

31 refugee. Parole of an alien under this section—

32 (1) is subject to conditions the Attorney General may prescribe; and

33 (2) is not an admission to the United States.

34 (b) END OF PAROLE.—When the Attorney General is of the opinion that

35 the purposes of the parole have been served, the alien immediately shall re36 turn or be returned to the custody from which the alien was paroled. There37 after, the alien’s application for admission shall continue to be considered

38 in the same way as the application of any other alien for admission.

39 § 6124. Accredited officials of foreign governments

40 On a reciprocal basis, an accredited official of a government of a foreign

41 country, and the official’s immediate family, attendants, servants, and per-
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1 sonal employees, may be admitted for immediate and continuous travel

2 through the United States without regard to subchapter I of chapter 63 of

3 this title (except section 6308(a)–(c)).

4 CHAPTER 63—EXCLUSION

SUBCHAPTER I—GROUNDS FOR EXCLUSION

Sec.

6301. Fraud and misrepresentation.

6302. Health.

6303. Protection and guardianship of aliens excluded for health or infancy.

6304. Public charges.

6305. Stowing away.

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.

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.

5 SUBCHAPTER I—GROUNDS FOR EXCLUSION

6 § 6301. Fraud and misrepresentation

7 (a) GENERAL.—An alien shall be excluded from admission to the United

8 States if the alien—

9 (1) by fraud or willful misrepresentation of a material fact obtained,

10 or attempted or attempts to obtain, a visa, other documentation, entry

11 into the United States, or another benefit under this title (except sub12 chapter I of chapter 5, subchapters III and IV of chapter 131, and

13 chapters 133–137); or

14 (2) is the subject of a final order for violation of section 10125(b)

15 of this title.

16 (b) WAIVERS.—The Attorney General may waive subsection (a)(1) of this

17 section for an immigrant if—

18 (1) the immigrant is the spouse, parent, son, or daughter of a citizen

19 of the United States or of an immigrant lawfully admitted for perma20 nent residence; or

21 (2) the fraud or misrepresentation occurred at least 10 years before

22 the date of the immigrant’s application for a visa, entry, or change of

23 status and the Attorney General is satisfied that the immigrant’s ad24 mission would not be contrary to the welfare, safety, or security of the

25 United States.
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1 § 6302. Health

2 (a) GENERAL.—An alien shall be excluded from admission to the United

3 States if the alien is found—

4 (1) under regulations prescribed by the Secretary of Health and

5 Human Services, to have a communicable disease of public health sig6 nificance (including infection with the etiologic agent for acquired im7 mune deficiency syndrome);

8 (2) under regulations prescribed by the Secretary in consultation

9 with the Attorney General—

10 (A) to have a physical or mental disorder and behavior associ11 ated with the disorder that may pose, or has posed, a threat to

12 the property, safety, or welfare of the alien or others; or

13 (B) to have had a physical or mental disorder and a history of

14 behavior associated with the disorder that has posed a threat to

15 the property, safety, or welfare of the alien or others and is likely

16 to recur or to lead to other harmful behavior; or

17 (3) under regulations prescribed by the Secretary, to be a drug

18 abuser or addict.

19 (b) WAIVERS.—(1) The Attorney General may waive—

20 (A) subsection (a)(1) of this section for an alien who—

21 (i) is the spouse, unmarried son, unmarried daughter, or adopt22 ed child of a citizen of the United States, of an alien lawfully ad23 mitted for permanent residence, or of an alien who has been

24 granted an immigrant visa; or

25 (ii) has a son or daughter who is a citizen of the United States,

26 an alien lawfully admitted for permanent residence, or an alien

27 who has been granted an immigrant visa; or

28 (B) subsection (a)(2) of this section for any alien.

29 (2) A waiver under this subsection is subject to any conditions, including

30 filing a bond, that the Attorney General may prescribe by regulation after

31 consultation with the Secretary.

32 § 6303. Protection and guardianship of aliens excluded for

33 health or infancy

34 An alien shall be excluded from admission to the United States if—

35 (1) the alien is accompanying another alien ordered excluded and de36 ported and certified to be helpless because of sickness, disability, or in37 fancy under section 6104(a)(2)(B) of this title; and

38 (2) the alien’s protection or guardianship is required by the alien or39 dered excluded and deported.
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1 § 6304. Public charges

2 (a) GENERAL.—An alien shall be excluded from admission to the United

3 States if the consular officer believes, at the time of the application for a

4 visa, or the Attorney General believes, at the time of the application for ad5 mission or change of status, that the alien is likely at any time to become

6 a public charge.

7 (b) ADMISSION ON BOND.—(1) The Attorney General may admit an alien

8 excludable under subsection (a) of this section if the alien is otherwise ad9 missible and files a bond approved by the Attorney General. The bond

10 shall—

11 (A) be in an amount and contain conditions the Attorney General

12 prescribes; and

13 (B) be for the benefit of the United States, States, territories and

14 possessions of the United States, political subdivisions of States, and

15 districts of States, territories, possessions, and political subdivisions of

16 States, holding them harmless against the alien’s becoming a public

17 charge.

18 (2) When the alien permanently leaves the United States, is naturalized,

19 or dies, the bond ends and the security held to secure performance, except

20 to the extent forfeited for a violation of the bond, shall be returned to the

21 person providing it or to the person’s legal representative.

22 (3) The Attorney General may bring a civil action on the bond in the

23 name of the United States for the benefit of the United States or of a State,

24 territory, possession, political subdivision, or district in which the alien is

25 a public charge, regardless of whether a demand for payment of public ex26 penses has been made.

27 § 6305. Stowing Away

28 An alien shall be excluded from admission to the United States if the

29 alien is a stowaway.

30 § 6306. Encouraging others to enter illegally

31 (a) GENERAL.—An alien shall be excluded from admission to the United

32 States if the alien at any time knowingly encouraged, induced, or assisted

33 another alien to enter or attempt to enter the United States in violation of

34 law.

35 (b) NONAPPLICATION.—Subsection (a) of this section does not apply to

36 an alien who—

37 (1) is an eligible immigrant (as defined by section 301(b) of the Im38 migration Act of 1990 (Public Law 101–649, 104 Stat. 5029));

39 (2) was physically present in the United States on May 5, 1988;

40 (3) is seeking—

41 (A) admission as an immediate relative;
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1 (B) admission under section 4103(c) of this title (including

2 under section 112 of the Immigration Act of 1990 (Public Law

3 101–649, 104 Stat. 4987)); or

4 (C) benefits under section 301(a) of that Act (104 Stat. 5029);

5 and

6 (4) before May 5, 1988, encouraged, induced, or assisted only the

7 alien’s spouse, parent, son, or daughter (and no other individual) to

8 enter the United States in violation of law.

9 (c) WAIVERS.—The Attorney General may waive subsection (a) of this

10 section for humanitarian purposes, to ensure family unity, or when it is oth11 erwise in the public interest, for an alien who—

12 (1)(A) is lawfully admitted for permanent residence, temporarily left

13 the United States voluntarily and not under an order of deportation,

14 and is otherwise admissible as a returning resident under section

15 4311(b) of this title; or

16 (B) is seeking admission or change of status as an immediate rel17 ative or immigrant under section 4103(b), (c), or (d) of this title; and

18 (2) has encouraged, induced, or assisted only the alien’s spouse, par19 ent, son, or daughter (and no other individual) to enter the United

20 States in violation of law.

21 § 6307. Criminal and immoral acts

22 (a) GENERAL.—Each of the following aliens shall be excluded from ad23 mission to the United States:

24 (1) an alien who has been convicted of, admits having committed, or

25 admits having committed acts that are the essential elements of, an of26 fense involving moral turpitude (except a purely political offense), but

27 this clause does not apply to an alien who has committed only one of28 fense if—

29 (A) the alien committed the offense when less than 18 years of

30 age, and committed the offense and was released from any con31 finement imposed for the offense more than 5 years before apply32 ing for a visa or other documentation and for admission; or

33 (B) the maximum imprisonment for the offense was not more

34 than one year and the alien was not sentenced to more than 6

35 months, regardless of the extent to which the sentence was finally

36 executed.

37 (2) an alien who has been convicted of, admits having committed, or

38 admits having committed acts that are the essential elements of, a vio39 lation of, or a conspiracy to violate, a law or regulation of a State, the

40 United States, or a foreign country related to a controlled substance
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1 (as defined by section 102 of the Comprehensive Drug Abuse Preven2 tion and Control Act of 1970 (21 U.S.C. 802)).

3 (3) an alien who a consular officer or an immigration officer knows

4 or reasonably believes is or has been—

5 (A) unlawfully trafficking in a controlled substance (as defined

6 by section 102 of the Comprehensive Drug Abuse Prevention and

7 Control Act of 1970 (21 U.S.C. 802)); or

8 (B) knowingly assisting, abetting, conspiring, or colluding with

9 others in unlawfully trafficking in such a controlled substance.

10 (4) an alien who has been convicted of at least 2 offenses (except

11 purely political offenses) for which the sentences to confinement actu12 ally imposed total at least 5 years, regardless of whether—

13 (A) the convictions were in a single trial;

14 (B) the offenses arose from a single scheme of misconduct; or

15 (C) the offenses involved moral turpitude.

16 (5) an alien who—

17 (A) is coming to the United States only, principally, or inciden18 tally to engage in prostitution, or has engaged in prostitution

19 within 10 years of the date of applying for a visa, admission, or

20 change of status;

21 (B)(i) procures or attempts to procure individuals for prostitu22 tion;

23 (ii) within that 10-year period, procured or attempted to pro24 cure or to import individuals for prostitution; or

25 (iii) receives or, within that 10-year period, received any part of

26 the proceeds of prostitution; or

27 (C) is coming to the United States to engage in any other un28 lawful commercialized vice, whether or not related to prostitution.

29 (6) an alien who is coming to the United States to practice polyg30 amy.

31 (7) an alien—

32 (A) who has committed in the United States at any time—

33 (i) a felony;

34 (ii) a crime of violence (as defined by section 16 of title

35 18); or

36 (iii) an offense of reckless driving or driving when intoxi37 cated or under the influence of alcohol or a prohibited sub38 stance if the offense involved personal injury to another;

39 (B) for whom immunity from criminal jurisdiction was exercised

40 for that offense;
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1 (C) who as a consequence of the offense and exercise of immu2 nity has left the United States; and

3 (D) who subsequently has not submitted completely to the juris4 diction of the court in the United States having jurisdiction of

5 that offense.

6 (b) WAIVERS.—The Attorney General may waive subsection (a)(1), (4),

7 (5), or (7) of this section, or subsection (a)(2) of this section for a single

8 offense of simple possession of not more than 30 grams of marijuana, for

9 an immigrant if—

10 (1)(A) the Attorney General is satisfied that—

11 (i) the immigrant is excludable only under subsection (a)(5)(A)

12 or (B) of this section or the activities for which the immigrant is

13 excludable occurred more than 15 years before the date of the im14 migrant’s application for a visa, admission, or change of status;

15 (ii) the immigrant’s admission would not be contrary to the wel16 fare, safety, or security of the United States; and

17 (iii) the immigrant has been rehabilitated; or

18 (B) the immigrant is the spouse, parent, son, or daughter of a citi19 zen of the United States or of an alien lawfully admitted for permanent

20 residence and the Attorney General is satisfied that the immigrant’s ex21 clusion would result in extreme hardship to the citizen or to the alien

22 lawfully admitted for permanent residence;

23 (2) the Attorney General consents (subject to conditions and proce24 dures the Attorney General may prescribe by regulation) to the immi25 grant’s applying or reapplying for a visa, admission, or change of sta26 tus; and

27 (3) the immigrant has not been convicted of, or admitted committing

28 acts that constitute, murder or a criminal act involving torture.

29 § 6308. National security

30 (a) GENERAL.—An alien shall be excluded from admission to the United

31 States if a consular officer or the Attorney General knows or reasonably be32 lieves that the alien seeks to enter the United States to engage only, prin33 cipally, or incidentally in—

34 (1) an activity to violate—

35 (A) a law of the United States related to espionage or sabotage;

36 or

37 (B) a law prohibiting the export from the United States of

38 goods, technology, or sensitive information;

39 (2) any other unlawful activity; or
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1 (3) an activity a purpose of which is to oppose, control, or overthrow

2 the United States Government by force, violence, or other unlawful

3 means.

4 (b) TERRORIST ACTIVITIES.—(1) In this subsection—

5 (A) ‘‘terrorist activity’’ means an activity that is unlawful under the

6 laws of the place where the activity is committed or that, if committed

7 in the United States, would be unlawful under the laws of the United

8 States or any State, and that involves—

9 (i) highjacking or sabotaging a vessel, aircraft, vehicle, or other

10 conveyance;

11 (ii) seizing or detaining, and threatening to kill, injure, or con12 tinue to detain, another individual to compel a third person (in13 cluding a governmental entity) to do or abstain from doing an act

14 as an explicit or implicit condition for the release of the individual

15 seized or detained;

16 (iii) a violent attack on an internationally protected person (as

17 defined by section 1116(b)(4) of title 18) or on the liberty of such

18 a person;

19 (iv) an assassination;

20 (v) the use, with intent to endanger the safety of an individual

21 or to cause substantial damage to property, of a biological agent,

22 chemical agent, or nuclear weapon or device, or an explosive or

23 firearm (except only for personal monetary gain); or

24 (vi) a threat, attempt, or conspiracy to do an activity described

25 by subclauses (i)–(v) of this clause.

26 (B) ‘‘engage in terrorist activity’’ means to commit, in an individual

27 capacity or as a member of an organization, a terrorist activity or an

28 act that the actor knows or reasonably should know gives material sup29 port to an individual, organization, or government in conducting a ter30 rorist activity at any time, including—

31 (i) preparing or planning a terrorist activity;

32 (ii) gathering information on potential targets for terrorist ac33 tivity;

34 (iii) providing any type of material support, including a safe

35 house, transportation, communication, money, false identification,

36 weapon, explosive, or training, to an individual the actor knows or

37 reasonably should know has committed or plans to commit a ter38 rorist activity;

39 (iv) soliciting money or another thing of value for a terrorist ac40 tivity or a terrorist organization; and
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1 (v) soliciting an individual for membership in a terrorist organi2 zation or terrorist government or to engage in a terrorist activity.

3 (C) an alien who is an officer, official, representative, or spokes4 person of the Palestine Liberation Organization is deemed under sub5 paragraph (B) of this paragraph to be engaged in a terrorist activity.

6 (2) An alien shall be excluded from admission to the United States if—

7 (A) the alien has engaged in a terrorist activity; or

8 (B) a consular officer or the Attorney General knows or reasonably

9 believes that the alien is likely to engage in a terrorist activity after

10 entry.

11 (c) FOREIGN POLICY.—(1) An alien shall be excluded from admission to

12 the United States if the Secretary of State reasonably believes that the

13 alien’s entry or proposed activities in the United States would have poten14 tially serious adverse foreign policy consequences for the United States.

15 (2) An alien who is an official of a government of a foreign country or

16 a purported government, or who is a candidate for election to a government

17 office of a foreign country during the period immediately before the election

18 for that office, may not be excluded or subject to restrictions or conditions

19 on entry under paragraph (1) of this subsection only because of the alien’s

20 past, current, or expected beliefs, statements, or associations, if the beliefs,

21 statements, or associations would be lawful in the United States.

22 (3) An alien not described by paragraph (2) of this subsection may not

23 be excluded or subject to restrictions or conditions on entry under para24 graph (1) of this subsection because of the alien’s past, current, or expected

25 beliefs, statements, or associations, if the beliefs, statements, or associations

26 would be lawful in the United States, unless the Secretary of State person27 ally decides that the alien’s admission would compromise a compelling for28 eign policy interest of the United States.

29 (4) If the Secretary decides under paragraph (3) of this subsection that

30 an alien’s admission would compromise a compelling foreign policy interest

31 of the United States, the Secretary shall give timely notice of the alien’s

32 identity and the reasons for the decision to the chairmen of the Committees

33 on the Judiciary and Foreign Affairs of the House of Representatives and

34 the Committees on the Judiciary and Foreign Relations of the Senate.

35 (d) MEMBERSHIP IN TOTALITARIAN PARTY.—(1) An immigrant shall be

36 excluded from admission to the United States if the immigrant is or has

37 been a member of or affiliated with the Communist or any other domestic

38 or foreign totalitarian party, including a subdivision or affiliate of that

39 party.

40 (2) Paragraph (1) of this subsection does not apply to an immigrant be41 cause of membership or affiliation if the immigrant satisfies the consular
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1 officer when applying for a visa, or the Attorney General when applying for

2 admission, that the membership or affiliation is or was—

3 (A) involuntary;

4 (B) only before the alien’s 16th birthday;

5 (C) only by operation of law; or

6 (D) only to obtain employment, food rations, or other essentials of

7 living and the membership or affiliation is or was necessary to obtain

8 the employment, rations, or essentials.

9 (3) Paragraph (1) of this subsection does not apply to an immigrant be10 cause of membership or affiliation if the immigrant satisfies the consular

11 officer when applying for a visa, or the Attorney General when applying for

12 admission, that—

13 (A) the membership or affiliation ended at least—

14 (i) 2 years before the date of applying; or

15 (ii) 5 years before the date of applying, if the membership or

16 affiliation was with the party controlling the government of a for17 eign country that is a totalitarian dictatorship as of that date; and

18 (B) the immigrant is not a threat to the security of the United

19 States.

20 (4) The Attorney General may waive paragraph (1) of this subsection for

21 an immigrant for humanitarian purposes, to ensure family unity, or when

22 it is otherwise in the public interest, if the immigrant—

23 (A) is the parent, spouse, son, daughter, brother, or sister of a citi24 zen of the United States or the spouse, son, or daughter of an alien

25 lawfully admitted for permanent residence; and

26 (B) is not a threat to the security of the United States.

27 § 6309. Participation in Nazi persecution or genocide

28 An alien shall be excluded from admission to the United States if the

29 alien—

30 (1) at any time during the period from March 23, 1933, through

31 May 8, 1945, ordered, incited, assisted, or otherwise participated in the

32 persecution of any person because of race, religion, national origin, or

33 political opinion, under the direction of, or in association with—

34 (A) the Nazi government of Germany;

35 (B) any government in an area occupied by the military forces

36 of the Nazi government of Germany;

37 (C) any government established with the assistance or coopera38 tion of the Nazi government of Germany; or

39 (D) any government that was an ally of the Nazi government

40 of Germany; or
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1 (2) engaged in conduct that is defined as genocide under the Inter2 national Convention on the Prevention and Punishment of Genocide.

3 § 6310. Prior deportation or removal

4 (a) PRIOR EXCLUSION AND DEPORTATION.—An alien shall be excluded

5 from admission to the United States if the alien has been excluded and de6 ported and is seeking admission within one year after the date of deporta7 tion.

8 (b) OTHER PRIOR DEPORTATION OR REMOVAL.—Each of the following

9 aliens shall be excluded from admission to the United States if the alien

10 is seeking admission within 5 years (or, if convicted of an aggravated felony,

11 within 20 years) after the date of the deportation or removal:

12 (1) an alien who has been arrested and deported.

13 (2) an alien who has fallen into distress and been removed under this

14 title or a prior law.

15 (3) an alien who has been removed as an alien enemy.

16 (4) an alien who has been removed at the expense of the United

17 States Government under section 6539(e)(1) of this title instead of

18 being deported.

19 (c) NONAPPLICATION.—Subsections (a) and (b) of this section do not

20 apply to an alien if the Attorney General consents, before the alien begins

21 to travel to the United States from a place outside the United States or

22 attempts to be admitted from foreign contiguous territory, to the alien’s ap23 plying or reapplying for admission.

24 § 6311. Ineligibility for citizenship and evasion of military

25 service

26 An alien shall be excluded from admission to the United States if the

27 alien—

28 (1) is permanently ineligible for citizenship; or

29 (2) left or remained outside the United States to avoid or evade

30 training or service in the armed forces of the United States during war

31 or a period declared by the President to be a national emergency, un32 less the alien was a nonimmigrant at the time of leaving the United

33 States and is seeking to reenter the United States as a nonimmigrant.

34 § 6312. International child abduction

35 (a) GENERAL.—If, after a court in the United States has granted to an

36 individual the custody of a child who is a citizen of the United States, an

37 alien detains or withholds custody of the child outside the United States

38 from the individual granted custody by the court, the alien shall be excluded

39 from admission to the United States until the child is surrendered to the

40 individual granted custody by the court.
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1 (b) NONAPPLICATION.—Subsection (a) of this section does not apply as

2 long as the child is located in a foreign country whose government is a party

3 to the Hague Convention on the Civil Aspects of International Child Abduc4 tion.

5 § 6313. Noncompliance with documentation requirements

6 (a) GENERAL DOCUMENTATION REQUIREMENTS.—An alien shall be ex7 cluded from admission to the United States if the alien is seeking admission

8 as—

9 (1) a nonimmigrant and does not satisfy the documentation require10 ments of section 2121 of this title; or

11 (2) an immigrant and does not satisfy the documentation require12 ments of section 4311 of this title or the alien’s immigrant visa was

13 issued without being in compliance with sections 4103–4106 of this

14 title.

15 (b) REQUIREMENTS OF GRADUATES OF NON-ACCREDITED MEDICAL

16 SCHOOLS.—An alien shall be excluded from admission to the United States

17 if the alien—

18 (1) is seeking admission as an immigrant principally to perform serv19 ices as a member of the medical profession;

20 (2) is a graduate of a medical school not accredited by an entity ap21 proved by the Secretary of Education; and

22 (3) has not satisfied the requirements of section 4104(g)(1) of this

23 title.

24 (c) LABOR CERTIFICATIONS.—An alien shall be excluded from admission

25 to the United States if the alien is seeking admission as an immigrant to

26 perform skilled or unskilled labor and the Secretary of Labor has not made

27 the certification required by section 4104(g)(2) of this title.

28 § 6314. Application of exclusions to aliens leaving Guam,

29 Puerto Rico, or the Virgin Islands

30 An alien who leaves Guam, Puerto Rico, or the Virgin Islands and tries

31 to enter the continental United States or another place under the jurisdic32 tion of the United States is subject to this subchapter and section 4104(g)

33 of this title. Such an alien who is excluded from admission to the United

34 States shall be deported immediately in the way provided by section 6335

35 of this title.

36 SUBCHAPTER II—PROCEDURE

37 § 6331. Exclusion proceedings

38 (a) PROCEEDING REQUIREMENTS.—(1) When an arriving alien is de39 tained under section 6103(c)(2) of this title for further inquiry about the

40 alien’s admissibility, a special inquiry officer shall conduct a proceeding
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1 under this section to decide whether the alien is to be admitted or excluded

2 and deported.

3 (2) Sections 303 (a) and (b) and 6103(d) of this title apply to a proceed4 ing under this section.

5 (3) The Attorney General may prescribe regulations for conducting pro6 ceedings under this section.

7 (4) The procedure provided by this section and regulations prescribed

8 under this section is the only procedure for deciding on the admissibility of

9 an alien under this section.

10 (b) OFFICER NOT TO HAVE PARTICIPATED IN INVESTIGATION OR PROS11 ECUTION.—A proceeding under this section shall be conducted by a special

12 inquiry officer who did not participate in investigating or (except as pro13 vided by this section) prosecuting the case against the alien.

14 (c) CLOSED PROCEEDINGS.—A proceeding under this section shall be

15 closed to the public. However, the alien is entitled—

16 (1) to have one friend or relative present under conditions prescribed

17 by the Attorney General; and

18 (2) to be represented by counsel as provided by section 6333 of this

19 title.

20 (d) PRESENTATION OF EVIDENCE.—The special inquiry officer shall ad21 minister oaths, present and receive evidence, and interrogate, examine, and

22 cross-examine the alien and witnesses.

23 (e) BURDEN OF PROOF.—An individual seeking to enter the United

24 States has the burden of proving that the individual is not subject to exclu25 sion.

26 (f) RECORD OF PROCEEDING.—A complete record of the proceeding, in27 cluding the testimony and evidence produced at the proceeding, shall be

28 kept.

29 (g) DECISIONS.—(1) The decision of a special inquiry officer in a pro30 ceeding under this section shall be based only on the evidence produced at

31 the proceeding. If a medical officer, private physician, or board of medical

32 officers has certified under section 6104 of this title that the alien has a

33 condition described by section 6302(a) of this title, the decision of the spe34 cial inquiry officer shall be based only on the certification.

35 (2) A decision of a special inquiry officer on whether to exclude an alien

36 is final unless reversed on appeal to the Attorney General under section

37 6332 of this title. An alien who has a right to appeal under section 6332

38 shall be informed of that right.
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1 § 6332. Administrative appeals

2 (a) APPEALS BY ALIENS.—An alien may appeal to the Attorney General

3 an order of a special inquiry officer excluding the alien, except when the

4 alien is—

5 (1) a stowaway;

6 (2) excluded temporarily under section 6103(d) of this title; or

7 (3) excluded based on a certification under section 6104 of this title.

8 (b) APPEALS BY IMMIGRATION OFFICERS.—The immigration officer in

9 charge of the port at which a proceeding under section 6331 of this title

10 is conducted may appeal to the Attorney General an order of a special in11 quiry officer admitting an alien.

12 (c) TIME FOR APPEALING AND STAYING ACTIONS.—An appeal under this

13 section must be timely. The appeal stays final action in the proceeding until

14 the Attorney General makes a final decision.

15 (d) DECISIONS.—Except as provided by section 6103(d) of this title, the

16 Attorney General shall decide the appeal based only on the evidence in the

17 proceeding before the special inquiry officer.

18 § 6333. Right to counsel

19 In an exclusion proceeding before a special inquiry officer and in an ap20 peal before the Attorney General from an exclusion proceeding, an alien is

21 entitled to be represented, at no cost to the United States Government, by

22 the alien’s choice of counsel authorized to practice in the proceeding or

23 appeal.

24 § 6334. Judicial review

25 (a) JUDICIAL REVIEW.—An alien may obtain judicial review of a final

26 order of exclusion only by a habeas corpus proceeding and only if—

27 (1) the alien has exhausted all administrative remedies available to

28 the alien as of right under the immigration laws and regulations;

29 (2) the alien has remained in the United States after the order was

30 issued; and

31 (3) the validity of the order has not been decided in a prior judicial

32 proceeding, unless the reviewing court finds that the petition for habeas

33 corpus presents grounds that could not have been presented in the

34 prior proceeding or that the remedy provided by the prior proceeding

35 was inadequate or ineffective to test the validity of the order.

36 (b) CONTENTS OF PETITIONS.—A petition for habeas corpus shall state

37 whether the validity of the order of exclusion has been upheld in a prior

38 judicial proceeding, and, if so, shall state the name of the court, the date

39 of the court’s ruling, and the nature of the proceeding.
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1 § 6335. Deportation of excluded aliens

2 (a) IMMEDIATE DEPORTATION.—Except as provided by subsection (d) of

3 this section, an alien (except an alien crewmember) arriving in the United

4 States who is excluded under this title shall be immediately deported.

5 (b) PLACE OF DEPORTATION.—(1) Except as provided by paragraphs (2)

6 and (3) of this subsection, deportation under this section shall be to the

7 country in which the alien boarded the vessel or aircraft on which the alien

8 arrived in the United States.

9 (2) If the alien boarded the vessel or aircraft on which the alien arrived

10 in the United States in a foreign territory contiguous to the United States,

11 an island adjacent to the United States, or an island adjacent to a foreign

12 territory contiguous to the United States, and the alien is not a native, citi13 zen, subject, or national of, or does not reside in, the territory or island,

14 deportation shall be to the country in which the alien boarded the vessel

15 or aircraft that transported the alien to the territory or island.

16 (3) If the government of the country designated in paragraph (1) or (2)

17 of this subsection is unwilling to accept the alien into that country’s terri18 tory, deportation shall be to any of the following countries, as directed by

19 the Attorney General:

20 (A) the country of which the alien is a citizen, subject, or national.

21 (B) the country in which the alien was born.

22 (C) the country in which the alien has a residence.

23 (D) a country with a government that will accept the alien into the

24 country’s territory if deportation to a country described by clauses (A)–

25 (C) of this paragraph is impracticable, inadvisable, or impossible.

26 (c) DEPORTATION VESSELS, AIRCRAFT, AND ACCOMMODATIONS.—(1)

27 Deportation under this section shall be on a vessel or aircraft owned by the

28 owner of the vessel or aircraft on which the alien arrived in the United

29 States, unless it is impracticable to deport the alien on one of those vessels

30 or aircraft within a reasonable time.

31 (2) The alien shall be deported in accommodations of the same class in

32 which the alien arrived.

33 (d) STAY OF DEPORTATION.—(1) The Attorney General may stay the de34 portation of an alien under this section if the Attorney General decides

35 that—

36 (A) immediate deportation is not practicable or proper; or

37 (B) the alien is needed to testify for the United States Government

38 in the prosecution of a person for a violation of a law of the United

39 States.

40 (2) During the period an alien is detained because of a stay of deporta41 tion under paragraph (1)(B) of this subsection, the Attorney General may
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1 pay from the appropriation ‘‘Immigration and Naturalization Service—Sala2 ries and Expenses’’—

3 (A) the cost of maintenance of the alien; and

4 (B) a witness fee of $1 a day.

5 (3) The Attorney General may release an alien, whose deportation is

6 stayed under paragraph (1)(B) of this subsection, on—

7 (A) the alien’s filing a bond of at least $500 with security approved

8 by the Attorney General;

9 (B) condition that the alien appear when required as a witness and

10 for deportation; and

11 (C) other conditions the Attorney General may prescribe.

12 § 6336. Costs of deporting excluded aliens

13 When an alien is ordered excluded and deported, the owner of the vessel

14 or aircraft on which the alien arrived in the United States shall pay the

15 transportation cost of deporting the alien. If deportation is on a vessel or

16 aircraft not owned by the owner of the vessel or aircraft on which the alien

17 arrived in the United States, the Attorney General may—

18 (1) pay the cost from the appropriation ‘‘Immigration and Natu19 ralization Service—Salaries and Expenses’’; and

20 (2) recover the amount of the cost in a civil action from the owner,

21 agent, or consignee of the vessel or aircraft on which the alien arrived

22 in the United States.

23 CHAPTER 65—DEPORTATION OF ALIENS IN THE UNITED

24 STATES

SUBCHAPTER I—GROUNDS FOR DEPORTATION

Sec.

6501. Excludable at time of entry or change of status or in the United States illegally.

6502. Marriage fraud and failure to marry timely.

6503. Public charges.

6504. Failure to maintain classification or 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. Right to counsel.

6535. Judicial review.

6536. Detention, release, and deportation of aliens ordered deported.

6537. Countries to which aliens may be deported.

6538. Suspension of deportation.

6539. Voluntary departure and removal.

6540. Ineligibility for discretionary relief for failure to appear.

6541. Duties of private parties and costs of deportation.
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1 SUBCHAPTER I—GROUNDS FOR DEPORTATION

2 § 6501. Excludable at time of entry or change of status or in

3 the United States illegally

4 (a) GENERAL.—An alien shall be deported if the alien—

5 (1) was excludable at the time of entry or change of status under

6 a law in effect at that time;

7 (2) entered the United States—

8 (A) without being inspected; or

9 (B) at a time or place not designated by an immigration officer;

10 or

11 (3) is in the United States in violation of a law of the United States.

12 (b) WAIVERS FOR CERTAIN MISREPRESENTATIONS.—(1) The Attorney

13 General may waive subsection (a)(1) of this section for an alien (except an

14 alien deportable under section 6509 of this title) who was excludable under

15 section 6301(a)(1) of this title at the time of entry if the alien—

16 (A) is the spouse, parent, son, or daughter of a citizen of the United

17 States or of an alien lawfully admitted for permanent residence;

18 (B) had an immigrant visa or equivalent documentation at the time

19 of entry; and

20 (C) was otherwise admissible at the time of entry, except under sec21 tion 4104(g)(2) or 4311(a)(1) of this title as a direct result of the

22 fraud or misrepresentation.

23 (2) A waiver of deportation under paragraph (1) of this subsection for

24 fraud or misrepresentation is also a waiver of deportation based on other

25 grounds of inadmissibility at the time of entry directly resulting from the

26 fraud or misrepresentation.

27 § 6502. Marriage fraud and failure to marry timely

28 (a) MARRIAGE FRAUD.—(1) An alien shall be deported if—

29 (A) the alien obtained entry into the United States with an immi30 grant visa or other documentation obtained because of a marriage en31 tered into less than 2 years before the alien’s entry that was judicially

32 annulled or terminated within 2 years after the alien’s entry; or

33 (B) the Attorney General is satisfied that the alien failed to fulfill

34 the alien’s marital agreement that, in the opinion of the Attorney Gen35 eral, was made to obtain entry into the United States as an immigrant.

36 (2) Paragraph (1)(A) of this subsection does not apply to an alien who

37 satisfies the Attorney General that the marriage was not made to evade the

38 immigration laws.

39 (b) FAILURE TO MARRY WITHIN 90 DAYS.—An alien who enters the

40 United States as a nonimmigrant under section 2309(a) of this title, and

41 a minor child of the alien accompanying or following to join the alien, shall
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1 leave the United States if, with 90 days after entry, the alien does not

2 marry the citizen who filed the petition for the alien under section 2309(b)

3 of this title. If they do not leave, they shall be deported.

4 § 6503. Public charges

5 An alien shall be deported if the alien, within 5 years after entry, has

6 become a public charge from causes not affirmatively shown to have arisen

7 since entry.

8 § 6504. Failure to maintain classification or status or satisfy

9 entry conditions

10 (a) NONIMMIGRANT CLASSIFICATION NOT MAINTAINED.—(1) Subject to

11 paragraph (2) of this subsection, an alien admitted to the United States as

12 a nonimmigrant shall be deported if the alien does not—

13 (A) maintain the nonimmigrant classification under which the alien

14 was admitted or to which the classification was changed under section

15 9108 of this title; or

16 (B) comply with a condition of the nonimmigrant classification.

17 (2) An alien admitted as a nonimmigrant under section 2301(1) or

18 2302(1) of this title and not maintaining the nonimmigrant classification

19 under which the alien was admitted may be deported only if—

20 (A) the Secretary of State approves; or

21 (B) the alien is deportable under section 6508 or 6509 of this title.

22 (b) NONCOMPLIANCE WITH HEALTH WAIVER CONDITIONS.—An alien

23 admitted to the United States as a result of a waiver under section 6302(b)

24 of this title shall be deported if the Secretary of Health and Human Serv25 ices certifies that the alien has not complied with a condition of the waiver.

26 (c) SPECIAL AGRICULTURAL WORKERS.—An alien lawfully admitted for

27 temporary residence under section 210A of the Immigration and Nationality

28 Act shall be deported if the alien does not meet the requirement of section

29 210A(d)(5)(A) of that Act by the end of the applicable period.

30 (d) TERMINATION OF CONDITIONAL PERMANENT RESIDENT STATUS.—

31 An alien lawfully admitted for permanent residence on a conditional basis

32 under chapter 45 of this title shall be deported if the status is terminated.

33 However, this subsection does not apply if a waiver is granted under section

34 4506(b) of this title.

35 § 6505. Encouraging others to enter illegally

36 (a) GENERAL.—An alien shall be deported if the alien, before or within

37 5 years after entry, knowingly has encouraged, induced, or assisted another

38 alien to enter or attempt to enter the United States in violation of law.

39 (b) NONAPPLICATION.—Subsection (a) of this section does not apply to

40 an alien who—
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1 (1) is an eligible immigrant (as defined by section 301(b) of the Im2 migration Act of 1990 (Public Law 101–649, 104 Stat. 5029));

3 (2) was physically present in the United States on May 5, 1988;

4 (3) is seeking—

5 (A) admission as an immediate relative;

6 (B) admission under section 4103(c) of this title (including

7 under section 112 of the Immigration Act of 1990 (Public Law

8 101–649, 104 Stat. 4987)); or

9 (C) benefits under section 301(a) of that Act (104 Stat. 5029);

10 and

11 (4) before May 5, 1988, encouraged, induced, or assisted only the

12 alien’s spouse, parent, son, or daughter (and no other individual) to

13 enter the United States in violation of law.

14 (c) WAIVERS.—The Attorney General may waive subsection (a) of this

15 section for humanitarian purposes, to ensure family unity, or when it is oth16 erwise in the public interest, for an alien who—

17 (1) is lawfully admitted for permanent residence; and

18 (2) has encouraged, induced, or assisted only the alien’s spouse, par19 ent, son, or daughter (and no other individual) to enter the United

20 States in violation of law.

21 § 6506. Criminal offenses

22 (a) MORAL TURPITUDE AND AGGRAVATED FELONIES.—(1) An alien shall

23 be deported if the alien is convicted—

24 (A) of an offense involving moral turpitude committed within 5 years

25 after entry and is sentenced to confinement or is confined for the of26 fense in a prison or correctional institution for at least one year;

27 (B) after entry, of at least 2 offenses involving moral turpitude not

28 arising out of a single scheme of misconduct, regardless of whether the

29 convictions were in a single trial or the alien was confined for the of30 fenses; or

31 (C) after entry, of an aggravated felony.

32 (2) Paragraph (1) of this subsection does not apply to a conviction of an

33 alien if the President or the chief executive officer of a State has granted

34 the alien a full and unconditional pardon.

35 (b) CONTROLLED SUBSTANCES.—An alien shall be deported if the alien—

36 (1) is convicted, after entry, of violating, or conspiring or attempting

37 to violate, a law or regulation of a State, the United States, or a for38 eign country related to a controlled substance (as defined by section

39 102 of the Comprehensive Drug Abuse Prevention and Control Act of

40 1970 (21 U.S.C. 802)), except a single offense of possession for one’s

41 own use of not more than 30 grams of marijuana; or
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1 (2) is, or at any time after entry has been, a drug abuser or addict.

2 (c) FIREARMS.—An alien shall be deported if the alien, after entry, is

3 convicted under any law of purchasing, selling, offering for sale, exchanging,

4 using, owning, possessing, or carrying in violation of law any weapon, part,

5 or accessory that is a firearm or destructive device (as defined by section

6 921(a) of title 18).

7 (d) MISCELLANEOUS.—An alien shall be deported if the alien has been

8 convicted at any time (and the judgment has become final) of violating or

9 conspiring or attempting to violate—

10 (1) section 501 or 10151 of this title;

11 (2) chapter 37, 105, or 115 of title 18 if a term of imprisonment

12 of at least 5 years may be imposed;

13 (3) section 871 or 960 of title 18;

14 (4) the Trading with the Enemy Act (50 App. U.S.C. 1 et seq.); or

15 (5) the Military Selective Service Act (50 App. U.S.C. 451 et seq.);

16 § 6507. Failure to register and falsification of documents

17 (a) ADDRESS NOTIFICATION.—An alien shall be deported if the alien has

18 not complied with section 8104 of this title, unless the Attorney General is

19 satisfied that the noncompliance was reasonably excusable or not willful.

20 (b) FAILURE TO REGISTER AND FALSIFICATION OF DOCUMENTS.—An

21 alien shall be deported if the alien has been convicted at any time of—

22 (1) violating section 10145 of this title;

23 (2) violating section 36(c) of the Alien Registration Act, 1940;

24 (3) violating or conspiring to violate the Foreign Agents Registration

25 Act of 1938, as amended (22 U.S.C. 611 et seq.);

26 (4) violating the Act of August 1, 1956 (50 U.S.C. 851 et seq.) or

27 a regulation under that Act; or

28 (5) violating or conspiring to violate section 1546 of title 18.

29 (c) DOCUMENT FRAUD.—An alien shall be deported if the alien is the

30 subject of a final order for violating section 10125 of this title.

31 § 6508. National security

32 (a) GENERAL.—An alien shall be deported if the alien has engaged or en33 gages in—

34 (1) an activity to violate—

35 (A) a law of the United States related to espionage or sabotage;

36 or

37 (B) a law prohibiting the export from the United States of

38 goods, technology, or sensitive information;

39 (2) any other criminal activity that endangers public safety or the

40 security of the United States; or
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1 (3) an activity a purpose of which is to oppose, control, or overthrow

2 the United States Government by force, violence, or other unlawful

3 means.

4 (b) TERRORIST ACTIVITIES.—An alien shall be deported if the alien has

5 engaged or engages in a terrorist activity as defined by section 6308(b) of

6 this title.

7 (c) FOREIGN POLICY.—(1) An alien shall be deported if the Secretary of

8 State has reason to believe that the alien’s presence or activities in the Unit9 ed States would have potentially serious adverse foreign policy consequences

10 for the United States.

11 (2) The exceptions described by section 6308(c)(2) and (3) of this title

12 apply to deportability under this subsection in the same way that they apply

13 to excludability under section 6308(c)(1).

14 § 6509. Participation in Nazi persecution or genocide

15 An alien described by section 6309 of this title shall be deported.

16 § 6510. Nonapplication of certain grounds to special immi17 grants dependent on juvenile court

18 The following sections do not apply to a special immigrant as defined by

19 section 137(a)(12) of this title, based on circumstances that existed before

20 the date the alien acquired the special immigrant status:

21 (1) sections 6501(a) and 6504(a), (b), and (d) of this title, except

22 to the extent related to a ground of exclusion described by sections

23 6307(a)(1)–(5) or (7), 6308, or 6309 of this title.

24 (2) section 6507(a) of this title.

25 SUBCHAPTER II—DEPORTATION PROCEDURE

26 § 6531. Arrest and detention pending decision on deporta27 tion

28 (a) ARREST, DETENTION, AND RELEASE.—On a warrant issued by the

29 Attorney General, an alien may be arrested and detained pending a decision

30 on deportation. Except as provided by subsection (c) of this section, the At31 torney General, pending a decision on deportation, may—

32 (1) continue to detain the arrested alien; or

33 (2) release the alien on—

34 (A) a bond of at least $500 with security approved by, and con35 taining conditions prescribed by, the Attorney General; or

36 (B) conditional parole.

37 (b) REVOCATION OF BOND OR PAROLE.—The Attorney General may re38 voke at any time a bond or parole authorized under subsection (a) of this

39 section, rearrest the alien under the original warrant, and detain the alien

40 pending a decision on deportation.
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1 (c) ALIENS CONVICTED OF AGGRAVATED FELONIES.—(1) The Attorney

2 General shall take into custody an alien convicted after November 17, 1988,

3 of an aggravated felony when the alien is released, whether the alien is re4 leased on parole, supervised release, or probation or may be arrested or im5 prisoned again for the same offense.

6 (2) To the maximum extent practicable, the Attorney General shall detain

7 at one facility aliens convicted after November 17, 1988, of aggravated felo8 nies and taken into custody under paragraph (1) of this subsection. In se9 lecting the facility, the Attorney General shall make a reasonable effort to

10 ensure that an alien’s right to counsel under section 6534 of this title is

11 not impaired.

12 (3) The Attorney General may release the alien only if the alien—

13 (A) was lawfully admitted to the United States; and

14 (B) satisfies the Attorney General that the alien is not a threat to

15 the community and is likely to appear for any scheduled proceeding.

16 (4) The Attorney General shall carry out a system—

17 (A) to make the investigative resources of the Immigration and Nat18 uralization Service available, daily and on a 24-hour basis, to officers

19 and employees of the United States Government, States, and localities

20 to decide whether an individual arrested by any of those officers or em21 ployees for an aggravated felony is an alien;

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

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

24 agencies and courts of the Government, States, and localities in mat25 ters involving the arrest, conviction, and release of aliens charged with

26 aggravated felonies; and

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

28 who have been convicted after November 17, 1988, of aggravated felo29 nies and deported.

30 (5) The record referred to in paragraph (4)(C) of this subsection shall

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

32 at sector headquarters to help identify aliens who have been convicted after

33 November 17, 1988, of aggravated felonies and deported and who are at34 tempting to reenter the United States.

35 (d) HABEAS CORPUS.—In a habeas corpus proceeding, a court of com36 petent jurisdiction may review or revise a decision of the Attorney General

37 about an alien’s detention or release on bond or parole pending a decision

38 on deportation, if the alien shows conclusively that the Attorney General is

39 not proceeding with reasonable dispatch under the particular circumstances

40 to decide whether the alien is to be deported.
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1 § 6532. Deportation proceedings

2 (a) DEFINITION.—In this section, ‘‘exceptional circumstances’’ means ex3 ceptional circumstances beyond the control of the alien, such as serious ill4 ness of the alien or death of an immediate relative but not including less

5 compelling circumstances.

6 (b) PROCEEDING REQUIREMENT.—A special inquiry officer shall conduct

7 a proceeding under this section to decide whether an alien is to be deported.

8 (c) OFFICER NOT TO HAVE PARTICIPATED IN INVESTIGATION OR PROS9 ECUTION.—A proceeding under this section shall be conducted by a special

10 inquiry officer who did not participate in investigating or (except as pro11 vided by this section) prosecuting the case against the alien.

12 (d) ORDERS TO SHOW CAUSE AND PROCEEDING NOTICES.—(1) In a de13 portation proceeding under this section, an order to show cause shall be

14 served—

15 (A) by personal delivery on the alien; or

16 (B) if personal delivery is not practicable, by certified mail, return

17 receipt requested, to the alien or any counsel of record of the alien.

18 (2) The order shall include notice of—

19 (A) the nature of the proceeding against the alien;

20 (B) the legal authority under which the proceeding is conducted;

21 (C) each act or conduct alleged to be in violation of law;

22 (D) each charge against the alien and the law alleged to have been

23 violated;

24 (E) the alien’s right to be represented (at no expense to the United

25 States Government) by counsel authorized to practice in a deportation

26 proceeding and to be provided a list of counsel prepared under sub27 section (e)(2) of this section;

28 (F) the requirements that the alien immediately must provide the At29 torney General a written record of—

30 (i) an address and telephone number (if any) at which the alien

31 may be contacted about the proceeding unless the alien has al32 ready provided this information to the Attorney General; and

33 (ii) any change of address or telephone number; and

34 (G) the consequences under subsection (j)(2) of this section of failing

35 to provide the address and telephone information.

36 (3) In the order to show cause or in a separate written notice served in

37 the same way as specified by paragraph (1) of this subsection, the alien

38 shall be notified of—

39 (A) the time and place of the proceeding;

40 (B) the consequences under subsection (j) of this section of failing

41 (except under exceptional circumstances) to attend the proceeding; and
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1 (C) the right to be represented by counsel at the proceeding and to

2 be provided a period of time, as specified by subsection (e)(1) of this

3 section, to retain counsel and to be provided a current list of counsel

4 prepared under subsection (e)(2) of this section.

5 (4) If the time or place of the proceeding is changed, a new written notice

6 shall be served in the same way as specified by paragraph (1) of this sub7 section. The notice shall include the new time or place of the proceeding

8 and the matters specified by paragraph (3)(B) and (C) of this subsection.

9 (5) Notice under paragraphs (3) and (4) of this subsection is not required

10 for an alien not in detention if the alien has not provided an address as

11 required by paragraph (2)(F) of this subsection.

12 (6) Each order to show cause and written notice under this subsection

13 shall be in English and Spanish.

14 (7) The Attorney General shall maintain a system to record and preserve

15 on a timely basis notices of addresses and telephone numbers and changes

16 provided by aliens under paragraph (2)(F) of this subsection.

17 (e) DATE OF FIRST HEARING AND ASSISTANCE OF COUNSEL.—(1) To

18 give an alien an opportunity to retain counsel, the first date that a proceed19 ing for the alien under this section may be scheduled shall be at least 14

20 days after service of the order to show cause, unless the alien requests in

21 writing an earlier date.

22 (2) The Attorney General shall provide lists (updated at least quarterly)

23 of individuals who have indicated their availability to represent aliens with24 out charge in proceedings under this section. The lists shall be provided as

25 required by subsection (d)(2)(E) of this section and also shall be made gen26 erally available.

27 (f) ATTENDANCE OF ALIEN.—(1) An alien shall have a reasonable oppor28 tunity to attend the proceeding for the alien under this section. If it is im29 practicable for the alien to attend because of mental incompetence, the pro30 ceeding may be conducted without the alien. The Attorney General shall

31 prescribe safeguards for the rights and privileges of an alien who does not

32 attend because of mental incompetence.

33 (2) If an alien has been given a reasonable opportunity to attend, and

34 without reasonable cause does not attend or remain in attendance, the spe35 cial inquiry officer may conduct the proceeding and decide on the alien’s de36 portation as if the alien had attended.

37 (g) CONDUCTING PROCEEDINGS.—(1) The special inquiry officer conduct38 ing a proceeding shall administer oaths, present and receive evidence, and

39 interrogate, examine, and cross-examine the alien and witnesses. If the At40 torney General believes it will aid in making a decision, the Attorney Gen41 eral may require, specifically or by regulation, in a case or class of cases,
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1 that an additional immigration officer be assigned to present the evidence

2 for the Government. The additional immigration officer may present evi3 dence and interrogate, examine, and cross-examine the alien and witnesses.

4 The assignment of an additional immigration officer does not affect the au5 thority of the special inquiry officer conducting the proceeding.

6 (2) The alien shall have a reasonable opportunity to examine the evidence

7 against the alien, present evidence, and cross-examine witnesses presented

8 by the Government.

9 (h) BURDEN OF PROOF.—The alien has the burden of proof of establish10 ing the alien’s time, place, and manner of entry into the United States. In

11 presenting the proof, the alien is entitled to the production of the alien’s

12 visa or other entry document and, unless considered confidential by the At13 torney General, any other relevant record in the custody of the Attorney

14 General. An alien who fails to sustain the burden of proof is presumed to

15 be in the United States in violation of law.

16 (i) DECISIONS AND ORDERS.—If authorized by the Attorney General, the

17 special inquiry officer shall make decisions on the deportability of aliens and

18 issue orders of deportation. A decision that an alien is deportable may be

19 made only on a record made in a proceeding before a special inquiry officer,

20 and is valid only if based on reasonable, substantial, and probative evidence.

21 If an alien is ordered deported under any law or treaty, the decision of the

22 Attorney General is final.

23 (j) DEPORTATION ORDERED IN ABSENTIA.—(1) An alien who does not

24 attend the alien’s proceeding under this section shall be ordered deported

25 in absentia, if the Attorney General establishes by clear, unequivocal, and

26 convincing evidence that—

27 (A) the notice required by subsection (d)(3) and (4) of this section

28 was provided; and

29 (B) the alien is deportable.

30 (2) The notice referred to in paragraph (1)(A) of this subsection is suffi31 cient if provided at the most recent address provided under subsection

32 (d)(2)(F) of this section. No notice is required if the alien has not provided

33 the address required by subsection (d)(2)(F).

34 (3)(A) A deportation order issued under this subsection may be rescinded

35 only on a motion to reopen—

36 (i) filed not later than 180 days after the date of the order if the

37 alien demonstrates that the failure to attend was because of exceptional

38 circumstances; or

39 (ii) filed at any time if the alien demonstrates that the alien did not

40 receive the notice required by subsection (d)(3) and (4) of this section
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1 or that the alien was in the custody of a State or the Government and

2 did not attend through no fault of the alien.

3 (B) A motion filed under this paragraph stays the deportation of the alien

4 pending disposition of the motion.

5 (4) Notwithstanding section 6535 of this title, a petition for review under

6 section 6535 of a deportation order issued in absentia under this sub7 section—

8 (A) must be filed not later than 60 days (or 30 days if the alien

9 has been convicted of an aggravated felony) after the date of the final

10 order of deportation; and

11 (B) except as provided by section 6535(b)(5) of this title, shall be

12 limited to the issues of—

13 (i) the validity of the notice provided to the alien;

14 (ii) the reasons for the alien’s failure to attend; and

15 (iii) whether clear, unequivocal, and convincing evidence of de16 portability has been established.

17 (k) FINGERPRINTS AND PHOTOGRAPHS.—The Attorney General shall pre18 scribe regulations providing for the fingerprinting and photographing of

19 each alien at least 14 years of age against whom a deportation proceeding

20 is begun. The fingerprints and photographs shall be made available, on re21 quest, to law enforcement agencies of the Government, States, and localities.

22 (l) ADDITIONAL REGULATIONS AND EXCLUSIVITY OF PROCEDURE.—(1)

23 A proceeding under this section shall be conducted under regulations the At24 torney General shall prescribe that are consistent with this section.

25 (2) The procedure provided by this section and regulations prescribed

26 under this section is the only procedure for deciding on the deportability of

27 an alien under this section.

28 (m) REGULATIONS ON MOTIONS TO REOPEN AND TO RECONSIDER AND

29 ON ADMINISTRATIVE APPEALS.—Not later than May 29, 1991, the Attor30 ney General shall prescribe regulations on—

31 (1) the number of motions to reopen and to reconsider that may be

32 filed in a deportation proceeding and the time during which they may

33 be filed;

34 (2) the number of administrative appeals that may be filed in a de35 portation proceeding, the items to be included in notices of appeal, and

36 the time during which the appeals and the appellate and reply briefs

37 may be filed; and

38 (3) the consolidation of motions to reopen and to reconsider with the

39 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.—The Attorney Gen6 eral shall provide for the availability of special deportation proceedings at

7 certain correctional facilities of the United States Government, States, and

8 localities for aliens convicted after November 17, 1988, of aggravated felo9 nies. Each proceeding shall be conducted—

10 (1) under section 6532 of this title, except as otherwise provided by

11 this section;

12 (2) in a way that eliminates the need for additional detention at a

13 processing center of the Immigration and Naturalization Service; and

14 (3) in a way that ensures expeditious deportation, if warranted, after

15 the alien is released from imprisonment for the felony.

16 (c) PRESUMPTION OF DEPORTABILITY.—An alien convicted after Novem17 ber 17, 1988, of an aggravated felony is conclusively presumed to be deport18 able from the United States.

19 (d) COMPLETING PROCEEDINGS BEFORE RELEASE FROM IMPRISON20 MENT.—The Attorney General shall provide for beginning and, to the extent

21 possible, completing a deportation proceeding against an alien convicted

22 after November 17, 1988, of an aggravated felony, and any administrative

23 appeals from that proceeding, before the alien is released from imprison24 ment for the felony.

25 (e) DEPORTATION DURING IMPRISONMENT.—This section does not re26 quire the Attorney General to deport an alien sentenced to imprisonment

27 before the alien is released from imprisonment.

28 § 6534. Right to counsel

29 In a deportation proceeding before a special inquiry officer and in an ap30 peal before the Attorney General from a deportation proceeding, an alien

31 is entitled to be represented, at no cost to the United States Government,

32 by the alien’s choice of counsel authorized to practice in the proceeding or

33 appeal.

34 § 6535. Judicial review

35 (a) APPLICABLE PROVISIONS.—Judicial review of a final order of depor36 tation is governed only by chapter 158 of title 28, except as provided by

37 this section.

38 (b) REQUIREMENTS.—(1) A petition for review must be filed—

39 (A) if the alien has been convicted after November 17, 1988, of an

40 aggravated felony, not later than 30 days after the date of the final

41 order of deportation; and
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1 (B) for any other alien, not later than 90 days after the date of the

2 final order of deportation.

3 (2) A petition for review shall be filed with the court of appeals of the

4 United States for the circuit in which the petitioner resides or for the circuit

5 in which any part of the proceeding before a special inquiry officer was held,

6 but not more than one circuit.

7 (3) The respondent is the Attorney General. The petition shall be served

8 on the Attorney General and on the officer or employee of the Immigration

9 and Naturalization Service in charge of the Service district in which the of10 fice of the clerk of the court is located. Service of the petition on the officer

11 or employee stays the deportation of the alien pending the court’s decision

12 on the petition, unless the court orders otherwise. However, if the alien has

13 been convicted of an aggravated felony, service of the petition does not stay

14 the deportation unless the court orders otherwise.

15 (4) Except as provided by paragraph (5)(B) of this subsection—

16 (A) the court of appeals shall decide the petition only on the admin17 istrative record on which the deportation order is based; and

18 (B) the administrative findings of fact are conclusive if supported by

19 reasonable, substantial, and probative evidence on the record considered

20 as a whole.

21 (5)(A) If the petitioner claims to be a national of the United States and

22 the court of appeals finds from the pleadings and affidavits that no genuine

23 issue of material fact about the petitioner’s nationality is presented, the

24 court shall decide the nationality claim.

25 (B) If the petitioner claims to be a national of the United States and the

26 court of appeals finds that a genuine issue of material fact about the peti27 tioner’s nationality is presented, the court shall transfer the proceeding to

28 the district court of the United States for the judicial district in which the

29 petitioner resides for a new hearing on the nationality claim and a decision

30 on that claim as if an action had been brought in the district court under

31 section 2201 of title 28.

32 (C) The petitioner may have the nationality claim decided only as pro33 vided by this section.

34 (6) When a petitioner seeks review of an order under this section, any

35 review sought of a motion to reopen or reconsider the order shall be consoli36 dated with the review of the order.

37 (7)(A) If the validity of a deportation order has not been judicially de38 cided, a defendant in a criminal proceeding charged with violating section

39 6536(d) or 10153(a) of this title may challenge the validity of the order in

40 the criminal proceeding only by filing a separate motion before trial. The

41 district court, without a jury, shall decide the motion before trial.
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1 (B) If the defendant claims in the motion to be a national of the United

2 States and the district court finds that no genuine issue of material fact

3 about the defendant’s nationality is presented, the court shall decide the

4 motion only on the administrative record on which the deportation order is

5 based. The administrative findings of fact are conclusive if supported by

6 reasonable, substantial, and probative evidence on the record considered as

7 a whole.

8 (C) If the defendant claims in the motion to be a national of the United

9 States and the district court finds that a genuine issue of material fact

10 about the defendant’s nationality is presented, the court shall hold a new

11 hearing on the nationality claim and decide that claim as if an action had

12 been brought under section 2201 of title 28.

13 (D) If the district court rules that the deportation order is invalid, the

14 court shall dismiss the indictment. The United States Government may ap15 peal the dismissal to the court of appeals for the appropriate circuit within

16 30 days. The defendant may not file a petition for review under this section

17 during the criminal proceeding. The defendant may have the nationality

18 claim decided only as provided by this section.

19 (8) This subsection—

20 (A) does not prevent the Attorney General, after a final order of de21 portation has been issued, from detaining the alien under section

22 6536(b) of this title;

23 (B) does not relieve the alien from complying with sections 6536(d)

24 and 10153(a) of this title; and

25 (C) except as provided by paragraph (3) of this subsection, does not

26 require the Attorney General to defer deportation of the alien.

27 (9) The record and briefs do not have to be printed. The court of appeals

28 shall review the proceeding on a typewritten record and on typewritten

29 briefs.

30 (10) An alien held in custody under an order of deportation may obtain

31 judicial review of the order by a habeas corpus proceeding.

32 (c) REVIEW OF FINAL ORDERS.—A court may review a final order of de33 portation only if—

34 (1) the alien has exhausted all administrative remedies available to

35 the alien as of right;

36 (2) the alien has remained in the United States after the order was

37 issued; and

38 (3) another court has not decided the validity of the order, unless

39 the reviewing court finds that the petition presents grounds that could

40 not have been presented in the prior judicial proceeding or that the
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1 remedy provided by the prior proceeding was inadequate or ineffective

2 to test the validity of the order.

3 (d) REQUIREMENTS FOR PETITION.—A petition for review or for habeas

4 corpus of an order of deportation shall state whether a court has upheld

5 the validity of the order, and, if so, shall state the name of the court, the

6 date of the court’s ruling, and the kind of proceeding.

7 § 6536. Detention, release, and deportation of aliens ordered

8 deported

9 (a) DEPORTATION PERIOD.—Except as otherwise provided by this sec10 tion, when an alien is ordered deported, the Attorney General has 6 months

11 to deport the alien from the United States. The 6-month period begins on

12 the latest of the following:

13 (1) the date the deportation order becomes administratively final.

14 (2) if the deportation order is judicially reviewed, the date of the

15 court’s final order.

16 (3) if the alien is detained or confined (except under an immigration

17 process), the date the alien is released from detention or confinement.

18 (b) DETENTION AND RELEASE BY THE ATTORNEY GENERAL.—During

19 the 6-month period, the Attorney General may—

20 (1) detain the alien;

21 (2) release the alien on a bond containing conditions the Attorney

22 General may prescribe; or

23 (3) release the alien on other conditions the Attorney General may

24 prescribe.

25 (c) HABEAS CORPUS.—In a habeas corpus proceeding, a court of com26 petent jurisdiction may review or revise a decision of the Attorney General

27 under subsection (b) of this section if the alien shows conclusively that the

28 Attorney General is not proceeding with reasonable dispatch under the par29 ticular circumstances to deport the alien within the 6-month period.

30 (d) SUPERVISION AFTER 6-MONTH PERIOD.—If the alien does not leave

31 or is not deported within the 6-month period, the alien, pending deportation,

32 shall be subject to supervision under regulations prescribed by the Attorney

33 General. The regulations shall include provisions requiring the alien—

34 (1) to appear before an immigration officer periodically for identi35 fication;

36 (2) to submit, if necessary, to a medical and psychiatric examination

37 at the expense of the United States Government;

38 (3) to give information under oath about the alien’s nationality, cir39 cumstances, habits, associations, and activities, and other information

40 the Attorney General considers appropriate; and
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1 (4) to obey reasonable written restrictions on the alien’s conduct or

2 activities that the Attorney General prescribes for the alien.

3 (e) ALIENS IMPRISONED, ARRESTED, OR ON PAROLE, SUPERVISED RE4 LEASE, OR PROBATION.—Except as provided by section 343(a) of the Public

5 Health Service Act (42 U.S.C. 259(a)), the Attorney General may not de6 port an alien who is sentenced to imprisonment until the alien is released

7 from imprisonment. Parole, supervised release, probation, or possibility of

8 rearrest or further imprisonment is not a reason to defer deportation.

9 (f) REINSTATEMENT OF DEPORTATION ORDERS AGAINST ALIENS ILLE10 GALLY REENTERING.—If the Attorney General finds that an alien has reen11 tered the United States illegally after having been deported or having de12 parted voluntarily, under an order of deportation on any ground described

13 by sections 6506–6509 of this title, the prior order of deportation is rein14 stated from its original date and the alien shall be deported under the prior

15 order at any time after the reentry.

16 § 6537. Countries to which aliens may be deported

17 (a) DESIGNATION BY ALIEN.—(1) An alien in the United States who has

18 been ordered deported may designate one country to which the alien wants

19 to be deported. However, the alien may designate a foreign territory contig20 uous to the United States, an adjacent island, or an island adjacent to a

21 foreign territory contiguous to the United States as the place to which the

22 alien is to be deported only if the alien is a native, citizen, subject, or na23 tional of, or has resided in, that designated territory or island. Except as

24 otherwise provided by this section, the Attorney General shall deport the

25 alien to the country the alien designates.

26 (2) The Attorney General may disregard a designation under paragraph

27 (1) of this subsection if—

28 (A) the alien fails to designate a country promptly;

29 (B) the government of the country does not inform the Attorney

30 General finally, within 3 months after the Attorney General first in31 quires, whether the government will accept the alien into the country;

32 (C) the government of the country is not willing to accept the alien

33 into the country; or

34 (D) the Attorney General decides that deporting the alien to the

35 country is prejudicial to the United States.

36 (b) ALTERNATIVE DEPORTATION COUNTRY.—If an alien is not deported

37 to a country under subsection (a) of this section, the Attorney General shall

38 deport the alien to a country of which the alien is a subject, national, or

39 citizen unless the government of the country—

40 (1) does not inform the Attorney General or the alien finally, within

41 3 months after the Attorney General first inquires or within another
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1 period of time the Attorney General decides is reasonable, whether the

2 government will accept the alien into the country; or

3 (2) is not willing to accept the alien into the country.

4 (c) ADDITIONAL DEPORTATION COUNTRIES.—If an alien is not deported

5 to a country under subsection (a) or (b) of this section, the Attorney Gen6 eral shall deport the alien to any of the following countries:

7 (1) the country from which the alien last entered the United States.

8 (2) the country in which is located the foreign port from which the

9 alien left for the United States or for a foreign territory contiguous to

10 the United States.

11 (3) a country in which the alien resided before the alien entered the

12 country from which the alien entered the United States.

13 (4) the country in which the alien was born.

14 (5) the country that had sovereignty over the alien’s birthplace when

15 the alien was born.

16 (6) the country in which the alien’s birthplace is located when the

17 alien is ordered deported.

18 (7) if impracticable, inadvisable, or impossible to deport the alien to

19 a country described by clauses (1)–(6) of this subsection, another coun20 try whose government will accept the alien into that country.

21 (d) DEPORTATION COUNTRY WHEN UNITED STATES IS AT WAR.—When

22 the United States is at war and the Attorney General decides that it is im23 practicable, inadvisable, inconvenient, or impossible to deport an alien under

24 subsections (a)–(c) of this section because of the war, the Attorney General

25 may deport the alien—

26 (1) to the country that is host to a government in exile of the coun27 try of which the alien is a citizen or subject if the government of the

28 host country will permit the alien’s entry; or

29 (2) if the recognized government of the country of which the alien

30 is a citizen or subject is not in exile, to a country, or a political or

31 territorial subdivision of a country, that is very near the country of

32 which the alien is a citizen or subject, or, with the consent of the gov33 ernment of the country of which the alien is a citizen or subject, to

34 another country.

35 (e) RESTRICTION WHEN ALIEN’S LIFE OR FREEDOM WOULD BE

36 THREATENED.—(1) Notwithstanding subsections (a)–(d) of this section, the

37 Attorney General may not deport or return an alien to a country if the At38 torney General decides that the alien’s life or freedom would be threatened

39 in that country because of the alien’s race, religion, nationality, membership

40 in a social group, or political opinion.
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1 (2) Paragraph (1) of this subsection does not apply to an alien deportable

2 under section 6509 of this title or if the Attorney General decides—

3 (A) that the alien ordered, incited, assisted, or otherwise participated

4 in the persecution of an individual because of the individual’s race, reli5 gion, nationality, membership in a social group, or political opinion;

6 (B) after the alien’s conviction of a particularly serious crime (in7 cluding any aggravated felony) has become final, that the alien is a

8 danger to the community of the United States;

9 (C) that there are serious reasons to believe that the alien committed

10 a serious nonpolitical crime outside the United States before the alien

11 arrived in the United States; or

12 (D) that there are reasonable grounds to believe that the alien is a

13 danger to the security of the United States.

14 § 6538. Suspension of deportation

15 (a) GROUNDS FOR SUSPENSION.—On application of an alien to the Attor16 ney General, the Attorney General may suspend the deportation of the alien

17 and change the status of the alien under section 9103 of this title to that

18 of an alien lawfully admitted for permanent residence if—

19 (1)(A) the alien is deportable under a law of the United States, ex20 cept sections 6506–6508 of this title;

21 (B) for at least 7 continuous years immediately before applying, the

22 alien has been—

23 (i) physically present in the United States; and

24 (ii) of good moral character;

25 (C) the alien is of good moral character; and

26 (D) the Attorney General believes that deporting the alien would

27 cause extreme hardship to the alien or to the alien’s spouse, parent,

28 or child if the spouse, parent, or child is a citizen of the United States

29 or an alien lawfully admitted for permanent residence; or

30 (2)(A) the alien is deportable under any of sections 6506–6508 of

31 this title;

32 (B) for at least 10 continuous years immediately after the alien com33 mitted an act or acquired a status that is a ground for deportation,

34 the alien has been—

35 (i) physically present in the United States; and

36 (ii) of good moral character;

37 (C) the alien is of good moral character; and

38 (D) the Attorney General believes that deporting the alien would

39 cause exceptional and extremely unusual hardship to the alien or to the

40 alien’s spouse, parent, or child if the spouse, parent, or child is a citi-
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1 zen of the United States or an alien lawfully admitted for permanent

2 residence.

3 (b) BRIEF INTERRUPTION OF PHYSICAL PRESENCE.—An alien tempo4 rarily absent from the United States is deemed to have maintained continu5 ous physical presence under subsection (a)(1)(B)(i) and (2)(B)(i) of this

6 section if the absence was brief, casual, and innocent and did not meaning7 fully interrupt the continuous physical presence. This subsection does not

8 apply to an alien removed from the United States before November 6, 1986.

9 (c) INTERRUPTION OF PHYSICAL PRESENCE BECAUSE OF SERVICE IN

10 THE ARMED FORCES.—The requirements of subsection (a)(1)(B)(i) and

11 (2)(B)(i) of this section do not apply to an alien who—

12 (1) enlisted or was inducted into the armed forces of the United

13 States when the alien was in the United States;

14 (2) served on active duty in the armed forces for at least 24 months;

15 and

16 (3) if separated from the armed forces, was separated under honor17 able conditions.

18 (d) NONAPPLICATION.—This section does not apply to an alien who—

19 (1) enters the United States as a crewmember after June 30, 1964;

20 (2) is admitted to the United States as a nonimmigrant under sec21 tion 2312 of this title or acquires the status of a nonimmigrant under

22 section 2312 after admission—

23 (A) to receive graduate medical education or training, regardless

24 of whether the alien is subject to the 2-year foreign residence re25 quirement of section 8303 of this title; or

26 (B) not to receive graduate medical education or training, but

27 who is subject to the 2-year foreign residence requirement of sec28 tion 8303 of this title and does not fulfill or receive a waiver of

29 that requirement; or

30 (3) is deportable under section 6509 of this title.

31 § 6539. Voluntary departure and removal

32 (a) DEPARTURE BEFORE DEPORTATION PROCEEDINGS.—(1) Before a

33 deportation proceeding is begun against an alien, the Attorney General may

34 allow the alien to depart voluntarily from the United States if the alien—

35 (A) admits to being deportable under subchapter I of this chapter;

36 and

37 (B) departs voluntarily at the alien’s expense or is removed at the

38 United States Government’s expense under subsection (e) of this sec39 tion.
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1 (2) Paragraph (1) of this subsection does not apply to an alien if the At2 torney General has reason to believe the alien is deportable under any of

3 sections 6506–6509 of this title.

4 (b) DEPARTURE DURING DEPORTATION PROCEEDINGS.—(1) During a

5 deportation proceeding against an alien, the Attorney General may allow the

6 alien to depart voluntarily from the United States at the alien’s expense if

7 the alien satisfies the Attorney General that the alien is, and for at least

8 5 years immediately before applying for voluntary departure under this sub9 section has been, of good moral character.

10 (2) Paragraph (1) of this subsection does not apply to an alien—

11 (A) deportable under any of sections 6506–6509 of this title, except

12 such an alien whose deportation may be suspended under section

13 6538(a)(2) of this title; or

14 (B) deportable because of a conviction, after November 17, 1988, of

15 an aggravated felony.

16 (c) DEPARTURE AFTER ORDER OF DEPORTATION.—After an alien is or17 dered deported, the Attorney General may allow the alien to depart volun18 tarily. An alien departing voluntarily after being ordered deported is deemed

19 to have been deported.

20 (d) REMOVAL OF ALIEN IN DISTRESS OR IN NEED OF ASSISTANCE.—

21 (1) If an alien falls into distress or needs public assistance from a cause

22 that arises after the alien enters the United States, and the alien wants to

23 be removed from the United States, the Attorney General may remove the

24 alien to—

25 (A) the alien’s native country;

26 (B) the country from which the alien came to the United States;

27 (C) the country of which the alien is a subject or citizen; or

28 (D) another country the alien designates if the government of that

29 country is willing to accept the alien in that country.

30 (2) An alien removed under paragraph (1) of this subsection may not

31 apply for or be granted a visa or other entry documentation or admission

32 to the United States without the Attorney General’s prior approval.

33 (e) COSTS PAYABLE BY GOVERNMENT.—The Attorney General may pay

34 from the appropriation ‘‘Immigration and Naturalization Service—Salaries

35 and Expenses’’ the costs of removing an alien from the United States

36 under—

37 (1) subsection (a) of this section if—

38 (A) the alien is unable to pay; and

39 (B) the Attorney General believes the alien’s removal is in the

40 best interest of the United States;

41 (2) subsection (c) of this section if—
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1 (A) the alien is unable to pay; and

2 (B) payment is not otherwise provided for under this title; and

3 (3) subsection (d) of this section.

4 § 6540. Ineligibility for discretionary relief for failure to ap5 pear

6 (a) DEFINITION.—In this section, ‘‘exceptional circumstances’’ has the

7 same meaning given that term by section 6532(a) of this title.

8 (b) RELIEF COVERED.—An alien is ineligible for the following relief to

9 the extent provided by subsections (c)–(f) of this section:

10 (1) suspension of deportation under section 6538 of this title.

11 (2) voluntary departure under section 6539(a) or (b) of this title.

12 (3) change of status under section 9101, 9104, or 9108 of this title.

13 (c) FAILURE TO APPEAR AT DEPORTATION PROCEEDING.—An alien

14 against whom a final order of deportation is entered in absentia under sec15 tion 6532 of this title is ineligible for the relief specified by subsection (b)

16 of this section for 5 years after entry of the final order if, at the time the

17 notice was required to be given under section 6532(d)(3) and (4), the alien

18 was given oral notice, in the alien’s native language or another language the

19 alien understands, of the time and place of the proceeding and the con20 sequences of failing (except for exceptional circumstances) to attend.

21 (d) FAILURE TO APPEAR FOR VOLUNTARY DEPARTURE.—(1) Subject to

22 paragraph (2) of this subsection, an alien is ineligible for the relief specified

23 by subsection (b) of this section for 5 years after the scheduled date of de24 parture or the date of unlawful reentry if the alien—

25 (A) is allowed to depart voluntarily under section 6539(a) or (b) of

26 this title; and

27 (B) remains in the United States after the scheduled date of depar28 ture (except for exceptional circumstances).

29 (2) Paragraph (1) of this subsection applies to an alien allowed to depart

30 voluntarily only if, before the departure, the Attorney General has provided

31 written notice to the alien in English and Spanish, and oral notice, in the

32 alien’s native language or another language the alien understands, of the

33 consequences under paragraph (1) of remaining in the United States after

34 the scheduled date of departure (except for exceptional circumstances).

35 (e) FAILURE TO APPEAR FOR DEPORTATION.—(1) Subject to paragraph

36 (2) of this subsection, an alien against whom a final order of deportation

37 is entered under section 6532 of this title who fails (except for exceptional

38 circumstances) to appear for deportation at the time and place ordered is

39 ineligible for the relief specified by subsection (b) of this section for 5 years

40 after the scheduled date of deportation.
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1 (2) Paragraph (1) of this subsection applies only if the Attorney General

2 has provided notice in the final order of deportation, and orally in the

3 alien’s native language or another language the alien understands, of the

4 consequences under paragraph (1) of failing (except for exceptional cir5 cumstances) to appear for deportation at the time and place ordered.

6 (f) FAILURE TO APPEAR FOR ASYLUM HEARING.—(1) Subject to para7 graph (2) of this subsection, an alien whose period of any authorized stay

8 has expired, who has filed an application for asylum, and who fails (except

9 for exceptional circumstances) to appear at the time and place scheduled for

10 the asylum hearing, is ineligible for the relief specified by subsection (b) of

11 this section for 5 years after the date of the asylum hearing.

12 (2) Paragraph (1) of this subsection applies only if the alien was given

13 written notice in English and Spanish, and oral notice in the alien’s native

14 language or another language the alien understands, of—

15 (A) the time and place of the asylum hearing and any change in the

16 time or place; and

17 (B) the consequences under paragraph (1) of this subsection of fail18 ing (except for exceptional circumstances) to appear.

19 § 6541. Duties of private parties and costs of deportation

20 (a) DUTY TO CARRY OUT DEPORTATION ORDERS.—When ordered by the

21 Attorney General, the owner, agent, master, commanding officer, charterer,

22 or consignee of a vessel, aircraft, or vehicle bringing an alien to the United

23 States shall—

24 (1) take on board, guard safely, and transport to the destination

25 specified by the Attorney General, the alien if ordered deported; and

26 (2) pay the costs of deporting the alien as provided by subsection

27 (b) of this section.

28 (b) COSTS PAYABLE BY PRIVATE PARTIES.—(1) Except as provided by

29 paragraph (2) of this subsection, when an alien in the United States is or30 dered deported, the owner, agent, master, commanding officer, charterer, or

31 consignee of the vessel, aircraft, or vehicle on which the alien arrived in the

32 United States shall pay the costs of deporting the alien from the port of

33 deportation if—

34 (A) the alien is being deported on a ground that existed before or

35 at the time of entry and deportation proceedings are begun not later

36 than 5 years after entry; or

37 (B) the alien is a crewmember and deportation proceedings are

38 begun not later than 5 years after the last conditional permit is grant39 ed to the alien to land temporarily under section 2703 of this title.

40 (2) Paragraph (1) of this subsection does not apply if—
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1 (A) the Attorney General decides it is not practicable to require pay2 ment; or

3 (B) the alien had an immigrant visa on arrival in the United States

4 and was inspected and admitted for permanent residence.

5 (c) COSTS PAYABLE BY GOVERNMENT.—When an alien in the United

6 States is ordered deported, the Attorney General shall pay from the appro7 priation ‘‘Immigration and Naturalization Service—Salaries and Expenses’’

8 the costs of—

9 (1) transporting the alien to the port of deportation in the United

10 States; and

11 (2) deporting the alien if—

12 (A) deportation proceedings are begun more than 5 years after

13 the alien’s entry, or, if the alien is a crewmember, more than 5

14 years after the last conditional permit is granted to the alien to

15 land temporarily; or

16 (B) the owner of the vessel, aircraft, or vehicle is not required

17 to pay the costs because of subsection (b)(2) of this section.

18 (d) ALIENS REQUIRING PERSONAL CARE DURING DEPORTATION.—If the

19 Attorney General believes that an alien being deported requires personal

20 care because of the alien’s mental or physical condition, the Attorney Gen21 eral shall employ a suitable individual to accompany and care for the alien

22 until the alien arrives at the final destination. The person required under

23 this section to pay the costs of deporting the alien shall pay the costs of

24 this service.

25 (e) COSTS PAYABLE BY EMPLOYERS OF CERTAIN NONIMMIGRANTS.—(1)

26 If the employer of an alien classified as a nonimmigrant under section

27 2313(a)(1) or (2) or 2315(a)(1) of this title dismisses the alien from em28 ployment before the end of the period of authorized admission, the employer

29 is liable for the reasonable costs of return transportation of the alien.

30 (2) If the employment of an alien who entered the United States as a

31 nonimmigrant under section 2318 or 2319 of this title ends for reasons

32 other than voluntary resignation, the employer whose offer of employment

33 provided the basis of the nonimmigrant status of the alien and the peti34 tioner are jointly and severally liable for the reasonable costs of return

35 transportation of the alien. The petitioner shall provide satisfactory assur36 ance to the Attorney General that the reasonable costs of that transpor37 tation will be provided.

38 CHAPTER 67—TEMPORARY PROTECTED STATUS

Sec.

6701. General

6702. Granting the status.

6703. Designation of foreign countries.

6704. Information and notices about status.
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6705. Temporary documentation and work authorization.

6706. Registration fees.

6707. Withdrawal of status.

6708. Relationship to 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.

1 § 6701. General

2 The Attorney General may grant an alien temporary protected status in

3 the United States as provided by 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(e)(3) and 9108 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 4104(c)(2), (d)(3), and (g)(1) and (2), 4311(a),

33 and 6313 of this title do not apply;

34 (B) the Attorney General may waive subchapter I of chapter 63

35 of this title (except as provided by subclause (C) of this clause)
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1 for an individual alien for humanitarian purposes, to ensure family

2 unity, or when it is otherwise in the public interest; and

3 (C) the Attorney General may not waive section 6307(a)(1)–(4),

4 6308(a)–(c), or 6309 of this title, except as section 6307(a)(3) is

5 related to a single offense of simple possession of not more than

6 30 grams of marijuana; and

7 (5) registers for the temporary protected status during a registration

8 period of at least 180 days, to the extent and in the way the Attorney

9 General establishes.

10 (b) PROHIBITIONS ON GRANTING.—Notwithstanding subsection (a) of

11 this section, the Attorney General may not grant temporary protected status

12 to an alien if the Attorney General finds that the alien—

13 (1) has been convicted of a felony or more than one misdemeanor

14 committed in the United States; or

15 (2) is described by section 6537(e)(2) of this title.

16 (c) BRIEF, CASUAL, AND INNOCENT ABSENCES.—(1) An alien does not

17 fail to maintain continuous physical presence in the United States under

18 subsection (a)(2) of this section because of a brief, casual, and innocent ab19 sence from the United States, whether or not authorized by the Attorney

20 General.

21 (2) An alien does not fail to maintain continuous residence in the United

22 States under subsection (a)(3) of this section because of a brief, casual, and

23 innocent absence from the United States, whether or not authorized by the

24 Attorney General, or because of a brief temporary trip outside the United

25 States required by emergency or extenuating circumstances beyond the con26 trol of the alien.

27 (d) STATUS PENDING REGISTRATION OR FINAL DECISION.—(1) If an

28 alien can establish a prima facie case of eligibility for temporary protected

29 status under this chapter except that the period of registration under sub30 section (a)(5) of this section has not begun, the Attorney General shall pro31 vide the alien with the benefits of the status until the alien has had a rea32 sonable opportunity to register during the first 30 days of the registration

33 period.

34 (2) If an alien establishes a prima facie case of eligibility for temporary

35 protected status under this chapter, the Attorney General shall provide the

36 alien with the benefits of the status until a final decision is made on the

37 alien’s eligibility.

38 (e) CONFIDENTIALITY.—The Attorney General shall establish procedures

39 to protect the confidentiality of information provided by an alien under this

40 chapter.
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1 (f) NO AUTHORIZATION TO APPLY FOR ADMISSION OR TO BE ADMIT2 TED.—This chapter does not authorize an alien to apply for admission, or

3 to be admitted, to the United States to apply for temporary protected status

4 under this chapter.

5 § 6703. Designation of foreign countries

6 (a) GENERAL.—After consultation with appropriate agencies, the Attor7 ney General may designate a foreign country or part of a foreign country

8 under this section if the Attorney General finds that—

9 (1) there is an armed conflict in the country that would pose a seri10 ous threat to the personal safety of nationals of that country if they

11 were required to return to that country or part of that country;

12 (2)(A) there has been an earthquake, flood, drought, epidemic, or

13 other environmental disaster in the country resulting in a substantial,

14 but temporary, disruption of living conditions in the area affected by

15 the disaster;

16 (B) the country temporarily is unable to handle returning nationals

17 adequately; and

18 (C) the government of the country officially has requested designa19 tion under this clause (2); or

20 (3) extraordinary and temporary conditions exist in the country that

21 prevent nationals from returning to that country in safety, unless the

22 Attorney General finds that permitting the aliens to remain temporarily

23 in the United States is contrary to the interest of the United States.

24 (b) PUBLICATION OF DESIGNATIONS.—A designation under subsection

25 (a) of this section is effective only if notice of the designation (including a

26 statement of the findings under subsection (a) and the effective date of the

27 designation) is published in the Federal Register. The Attorney General

28 shall include in the notice an estimate of the number of nationals of the

29 designated country who are, or within the effective period of the designation

30 are likely to become, eligible for temporary protected status under this chap31 ter and their immigration status in the United States.

32 (c) EFFECTIVE PERIOD OF DESIGNATIONS.—A designation under this

33 section—

34 (1) takes effect on the date the notice is published under subsection

35 (b) of this section or a later date the Attorney General specifies in the

36 notice; and

37 (2) remains in effect until terminated under subsection (d) of this

38 section.

39 (d) PERIODIC REVIEWS, EXTENSIONS, AND TERMINATIONS.—(1) The

40 first period of designation of a foreign country or part of a foreign country
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1 is the period specified by the Attorney General. The period shall be at least

2 6 months but not more than 18 months.

3 (2) At least 60 days before the end of the first period of designation and

4 each extended period of designation, the Attorney General, after consulta5 tion with appropriate agencies, shall review the conditions in the designated

6 country or part of the country and decide whether the conditions for the

7 designation continue to be met.

8 (3)(A) If the Attorney General does not decide that the designated coun9 try or part of the country no longer meets the conditions for designation,

10 the designation is extended for 6 months or, in the discretion of the Attor11 ney General, for 12 or 18 months.

12 (B) If the Attorney General decides that the designated country or part

13 of the country no longer meets the conditions for designation, the Attorney

14 General shall terminate the designation. A termination is effective 60 days

15 after notice of the termination is published in the Federal Register or when

16 the most recent extension expires, whichever is later.

17 (4) The Attorney General shall publish in the Federal Register, on a

18 timely basis, notice of each decision under this subsection, including the

19 basis for the decision, and the period of any extension.

20 (e) INFORMATION ON PROTECTED STATUS AT TIME OF DESIGNATION.—

21 When the Attorney General designates a foreign country or part of a foreign

22 country under subsection (a) of this section, the Attorney General shall

23 make available to nationals of that country information on the temporary

24 protected status available under this chapter.

25 (f) ADMINISTRATIVE AND JUDICIAL REVIEW.—(1) The Attorney General

26 shall establish an administrative procedure to review a denial of benefits to

27 an alien under this section. The procedure may not prevent an alien from

28 asserting protection under this chapter in a deportation proceeding if the

29 alien demonstrates that the alien is a national of a foreign country des30 ignated, or designated in part, under this section.

31 (2) A designation, extension, or termination under this section is not sub32 ject to judicial review.

33 § 6704. Information and notices about status

34 (a) INFORMATION ABOUT STATUS.—On granting temporary protected

35 status to an alien under this chapter, the Attorney General shall provide

36 the alien with information about the status.

37 (b) NOTICES OF AVAILABILITY AT DEPORTATION PROCEEDINGS.—The

38 Attorney General promptly shall notify an alien of the temporary protected

39 status that may be available under this chapter—
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1 (1) if, when a deportation proceeding is begun against the alien, the

2 foreign country of which the alien is a national has been designated,

3 or designated in part, under section 6703 of this title; or

4 (2) if, during a deportation proceeding pending against the alien, the

5 country of which the alien is a national is designated, or designated

6 in part, under section 6703 of this title.

7 (c) FORM AND LANGUAGE.—Information and notices under this section

8 shall be in a form and language the alien can understand.

9 § 6705. Temporary documentation and work authorization

10 (a) GENERAL.—On granting temporary protected status to an alien under

11 this chapter, the Attorney General shall provide for the issuance of tem12 porary documentation and work authorization necessary to carry out this

13 chapter. The work authorization shall be an ‘‘employment authorized’’ en14 dorsement or other appropriate work permit.

15 (b) PERIOD OF VALIDITY.—Subject to subsection (c) of this section, the

16 documentation and authorization are valid for the first period of designation

17 of the foreign country or part of the foreign country involved and any exten18 sion of that period. The Attorney General may stagger the periods of valid19 ity of the documentation and authorization to provide for an orderly renewal

20 of the documentation and authorization and for an orderly transition under

21 subsection (c) when a designation is terminated.

22 (c) EFFECTIVE DATE OF TERMINATIONS.—A termination of a designa23 tion under section 6703(d)(3)(B) of this title applies only to documentation

24 and authorization issued or renewed after—

25 (1) the effective date of the termination; or

26 (2) a later date the Attorney General decides is appropriate to pro27 vide for an orderly transition.

28 § 6706. Registration fees

29 (a) ALLOWABLE FEES.—The Attorney General may require payment of

30 a reasonable fee of not more than $50 as a condition for registering an alien

31 under section 6702(a)(5) of this title, including providing a work authoriza32 tion. If the alien is registered because of a designation made after July 17,

33 1991, the Attorney General may require payment of an additional fee for

34 providing the work authorization.

35 (b) CREDITING APPROPRIATION.—All fees collected under this section

36 shall be credited to the appropriation to be used to carry out this chapter.

37 § 6707. Withdrawal of status

38 The Attorney General shall withdraw temporary protected status granted

39 to an alien under this chapter if—

40 (1) the Attorney General finds that the alien was not eligible for the

41 status;
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1 (2) except as provided by sections 6701(6) and 6702(c) of this title,

2 the alien has not remained continuously physically present in the Unit3 ed States from the date the alien first was granted the status; or

4 (3) the alien, without good cause, does not register with the Attorney

5 General annually, at the end of each 12-month period after the status

6 is granted, in the form and way the Attorney General prescribes.

7 § 6708. Relationship to deportation

8 Under section 6538(a) of this title, the period during which temporary

9 protected status is in effect for an alien—

10 (1) is not counted as a period of physical presence in the United

11 States unless the Attorney General decides that extreme hardship ex12 ists; and

13 (2) does not cause a break in the continuity of residence before and

14 after the period during which the alien has that status.

15 § 6709. Relationship to immigration status

16 (a) GENERAL.—This chapter does not authorize the Attorney General to

17 deny temporary protected status to an alien based on the alien’s immigra18 tion status or to require an alien, as a condition of being granted temporary

19 protected status, to relinquish another status the alien may have or to waive

20 any right under this title (except subchapter I of chapter 5, subchapters III

21 and IV of chapter 131, and chapters 133–137).

22 (b) TEMPORARY PROTECTED STATUS NOT INCONSISTENT WITH NON23 IMMIGRANT STATUS.—Granting temporary protected status under this

24 chapter is not inconsistent with granting nonimmigrant status under this

25 title.

26 § 6710. Immigration status and continuous physical pres27 ence not affected by temporary travel outside the

28 United States

29 An alien granted temporary protected status under this chapter whom the

30 Attorney General authorizes to travel outside the United States temporarily

31 and who returns to the United States according to the authorization—

32 (1) shall be inspected and admitted in the same immigration status

33 the alien had at the time of departure if the alien is found not to be

34 excludable on a ground referred to in section 6702(a)(4)(C) of this

35 title; and

36 (2) has not failed to maintain continuous physical presence in the

37 United States under section 6538(a) of this title because of the depar38 ture if the absence meets the requirements of section 6538(b) of this

39 title.
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1 § 6711. Exclusive remedy

2 Except as otherwise specifically provided, this chapter is the exclusive au3 thority of the Attorney General under law to allow an alien who is or may

4 become otherwise deportable or who has been paroled into the United States

5 to remain in the United States temporarily because of the alien’s nationality

6 or region of foreign country of nationality.

7 § 6712. Limitation on Senate consideration of legislation ad8 justing status

9 (a) GENERAL.—Except as provided by subsection (b) of this section, it

10 is not in order in the Senate to consider a bill, resolution, or amendment

11 that—

12 (1) provides for the adjustment to lawful temporary or permanent

13 resident alien status for an alien receiving temporary protected status

14 under this chapter; or

15 (2) has the effect of amending or limiting the application of this sec16 tion.

17 (b) SUPERMAJORITY REQUIREMENT.—An affirmative vote of three-fifths

18 of the members of the Senate chosen and sworn is required—

19 (1) to waive or suspend subsection (a) of this section; or

20 (2) to sustain an appeal of the ruling of the Chair on a point of

21 order raised under subsection (a) of this section.

22 (c) SENATE RULEMAKING POWER.—This section—

23 (1) is enacted as an exercise of the rulemaking power of the Senate;

24 (2) is deemed to be a part of the rules of the Senate on matters de25 scribed by subsection (a) of this section;

26 (3) supersedes other rules of the Senate only to the extent inconsist27 ent with this section; and

28 (4) is enacted with complete recognition of the constitutional right

29 of the Senate to change those rules at any time in the same way as

30 any other rule of the Senate.

31 § 6713. Annual reports

32 (a) ATTORNEY GENERAL.—Not later than March 1 of each year, the At33 torney General, after consultation with appropriate agencies, shall submit to

34 the Committees on the Judiciary of the House of Representatives and the

35 Senate a report on the operation of this chapter during the prior year. The

36 report shall include—

37 (1) a listing of foreign countries and parts of foreign countries des38 ignated under section 6703 of this title;

39 (2) the number of nationals of each country granted temporary pro40 tected status under this chapter and their immigration status before

41 being granted temporary protected status; and
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1 (3) an explanation of why each foreign country or part of a foreign

2 country was designated under section 6703 of this title and why a des3 ignation was extended or terminated.

4 (b) COMMITTEE REPORTS.—Not later than 180 days after receiving a re5 port under subsection (a) of this section, the Committees on the Judiciary

6 of the House of Representatives and the Senate shall report to the House

7 and Senate, respectively, on oversight findings and legislation the applicable

8 Committee finds appropriate.

9 CHAPTER 69—REGULATION OF PERSONS PROVIDING

10 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.

11 § 6901. Ports of entry for aircraft and civil air navigation

12 regulation

13 The Attorney General by regulation may—

14 (1) designate as ports of entry for aliens arriving by aircraft in the

15 United States any of the ports of entry designated for civil aircraft

16 under section 1109(b) of the Federal Aviation Act of 1958 (49 App.

17 U.S.C. 1509(b));

18 (2) require aircraft in civil air navigation to give notice of landing

19 or intention to land as necessary to carry out this title; and

20 (3) apply this title to civil air navigation to the extent the Attorney

21 General considers necessary.

22 § 6902. Lists of passengers

23 (a) ARRIVING PASSENGERS.—An owner, agent, master, commanding offi24 cer, or consignee of a vessel or aircraft arriving in the United States from

25 a place outside the United States shall give an immigration officer at the

26 port of arrival a list of the passengers on the vessel or aircraft. The list

27 shall be prepared at the time, be in the form, and contain the information

28 the Attorney General prescribes by regulation as necessary to identify the

29 passengers and enforce the immigration laws.

30 (b) DEPARTING PASSENGERS.—(1) A master, commanding officer, or

31 agent of a vessel or aircraft taking on passengers in the United States who

32 are destined to a place outside the United States shall give an immigration

33 officer at the port a list of those passengers before departing. The list shall

34 be in the form, contain the information, and be accompanied by other docu35 mentation the Attorney General prescribes by regulation as necessary to
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1 identify the passengers and enforce the immigration laws. The master, com2 manding officer, or agent shall state under oath that the list and accom3 panying documentation contain all of the required information.

4 (2) The vessel or aircraft may be cleared only after the master, command5 ing officer, or agent complies with paragraph (1) of this subsection. How6 ever, if the Attorney General decides that the vessel or aircraft is making

7 regular trips to ports of the United States, the Attorney General, when it

8 is expedient, may allow the master, commanding officer, or agent to give

9 the list and documentation at a later date.

10 (c) EXCEPTIONS.—Subsections (a) and (b) of this section do not require

11 that a list include—

12 (1) an alien crewmember; or

13 (2) except as required by regulations prescribed under section 6901

14 of this title, a passenger—

15 (A) arriving by air on a trip originating in foreign territory con16 tiguous to the United States; or

17 (B) leaving by air on a trip originating in the United States for

18 foreign territory contiguous to the United States.

19 (d) WAIVER.—The Attorney General may prescribe conditions under

20 which the requirements of this section may be waived.

21 § 6903. Payment contingent on landing prohibited

22 An owner, agent, master, commanding officer, person in charge, purser,

23 or consignee of a vessel or aircraft may not take any consideration to be

24 kept or returned contingent on whether an alien is landed in or excluded

25 from the United States.

26 § 6904. Duty to prevent unauthorized landing

27 (a) DUTY TO PREVENT UNAUTHORIZED LANDING.—(1) A person bring28 ing an alien to, or providing a means for an alien to travel to, the United

29 States (including an alien crewmember not covered by section 2704(a) of

30 this title) shall prevent the alien from landing in the United States at—

31 (A) a port of entry not designated by the Attorney General; or

32 (B) a time or place not designated by an immigration officer.

33 (2) Proof that an alien did not appear at the time and place designated

34 by the immigration officer is prima facie evidence that the alien landed in

35 the United States at a time or place not designated by the immigration offi36 cer.

37 (3) This subsection does not apply to a carrier that has made a contract

38 as provided by section 6905(b) of this title.

39 (b) DILIGENCE DEFENSE.—(1) An owner or operator of a rail carrier,

40 international bridge, or toll road that satisfies the Attorney General that the

41 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 travel 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 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 granted;

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 granted 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 shall—

21 (1) not permit the stowaway to land in the United States, except—

22 (A) temporarily for medical treatment; or

23 (B) under regulations prescribed by the Attorney General for

24 the departure, removal, or deportation of alien stowaways from the

25 United States;

26 (2) detain the stowaway on the vessel or aircraft or at another place

27 designated by an immigration officer until the stowaway is inspected

28 by an immigration officer and, if ordered by an immigration officer,

29 after the inspection; and

30 (3) if ordered by an immigration officer, deport the stowaway on the

31 vessel or aircraft or on another vessel or aircraft.

32 § 6908. Costs of detention

33 (a) GENERAL.—Except as provided by subsection (b) of this section and

34 section 6335(d)(2) of this title, an owner of a vessel or aircraft bringing

35 an alien to the United States shall pay the costs of detaining and maintain36 ing the alien while the alien is detained under section 6907(a)(1) of this

37 title.

38 (b) NONAPPLICATION.—Subsection (a) of this section does not apply if—

39 (1) the alien is a crewmember;

40 (2) the alien has an immigrant visa;
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1 (3) the alien has a nonimmigrant visa or other documentation au2 thorizing the alien to apply for temporary admission to the United

3 States and applies for admission not later than 120 days after the date

4 the visa or documentation was granted;

5 (4) the alien has a reentry permit and applies for admission not later

6 than 120 days after the date of the alien’s last inspection and admis7 sion;

8 (5)(A) the alien has an nonimmigrant visa or other documentation

9 authorizing the alien to apply for temporary admission to the United

10 States or a reentry permit;

11 (B) the alien applies for admission more than 120 days after the

12 date the visa or documentation was granted or after the date of the

13 last inspection and admission under the reentry permit; and

14 (C) the owner of the vessel or aircraft satisfies the Attorney General

15 that the existence of the excluding condition could not have been dis16 covered by exercising reasonable care before the alien boarded the ves17 sel or aircraft; or

18 (6) the individual claims to be a national of the United States and

19 has a United States passport.

20 § 6909. Fees for inspecting passengers

21 (a) FEES.—In addition to any other fee authorized by law, the Attorney

22 General shall charge and collect $6 for the immigration inspection of each

23 passenger arriving at a port of entry in the United States, or for the

24 preinspection of each passenger in a place outside the United States before

25 arrival, on a commercial vessel or aircraft. However, that fee may not be

26 charged and collected for—

27 (1) a passenger on a commercial vessel if the passenger’s journey

28 originated in Canada, Mexico, a territory or possession of the United

29 States, or an adjacent island; or

30 (2) a passenger traveling to a destination outside the United States

31 and for whom immigration inspection services are not provided.

32 (b) COLLECTION.—(1) A person issuing a document or ticket to an indi33 vidual for transportation on a commercial vessel or aircraft to the United

34 States shall—

35 (A) collect from the individual the fee charged under subsection (a)

36 of this section when the document or ticket is issued; and

37 (B) identify on that document or ticket the fee charged under sub38 section (a) of this section as a United States Government inspection

39 fee.

40 (2) If a document or ticket for transportation of a passenger to the

41 United States is issued in a foreign country and the fee charged under sub-
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1 section (a) of this section is not collected when the document or ticket is

2 issued, the person providing the transportation shall collect the fee when the

3 passenger departs from the United States and give the passenger a receipt

4 for payment of the fee.

5 (3) The person collecting a fee under this section shall pay the fee to the

6 Attorney General before the 31st day after the end of the calendar quarter

7 in which the fee is collected, except that—

8 (A) the 4th quarter payment for fees collected from passengers on

9 commercial aircraft shall be paid on the 10th day before the end of

10 the fiscal year; and

11 (B) the first quarter payment shall include any collections made in

12 the prior quarter that were not paid with the prior payment.

13 (4) Fees collected under this section shall be deposited in the Treasury

14 in the Immigration User Fee Account established under section 317 of this

15 title.

16 (c) REGULATIONS.—Regulations prescribed by the Attorney General for

17 the collection of fees and payment of those fees under this section shall be

18 consistent with regulations prescribed by the Secretary of the Treasury for

19 the collection and remittance of taxes imposed by subchapter C of chapter

20 33 of the Internal Revenue Code of 1986 (26 U.S.C. ch. 33, subch. C), but

21 only to the extent the latter regulations are not inconsistent with this sec22 tion.

23 PART E—ADDITIONAL REQUIREMENTS AND

24 LIMITATIONS

25 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.

8106. Cancellation of registration.

26 § 8101. Registration and fingerprinting requirements

27 (a) GENERAL REQUIREMENTS.—Except as provided by subsection (c) of

28 this section—

29 (1) an alien applying for a visa shall be registered as provided by

30 this chapter and shall provide signed copies of a photograph of the

31 alien to be used as prescribed by regulation;

32 (2) an alien at least 14 years of age who remains in the United

33 States for at least 30 days and has not been registered and

34 fingerprinted under clause (1) of this subsection or section 30 or 31

35 of the Alien Registration Act, 1940, shall apply for registration and

36 fingerprinting within those 30 days;
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1 (3) if an alien less than 14 years of age remains in the United States

2 for at least 30 days and has not been registered under clause (1) of

3 this subsection, the parent or legal guardian of the alien shall apply

4 for registration of the alien within those 30 days; and

5 (4) an alien who becomes 14 years of age in the United States shall

6 apply for registration and fingerprinting within 30 days after becoming

7 14 years of age.

8 (b) SPECIAL REQUIREMENTS FOR CERTAIN ALIENS.—The Attorney Gen9 eral may prescribe special regulations and forms for registering and

10 fingerprinting—

11 (1) alien crewmembers;

12 (2) holders of border crossing identification cards;

13 (3) aliens confined in institutions in the United States;

14 (4) aliens under order of deportation; and

15 (5) aliens not lawfully admitted for permanent residence.

16 (c) WAIVERS AND NONAPPLICATION.—(1) On a reciprocal basis, the At17 torney General may waive the fingerprinting requirement of subsection (a)

18 of this section for a nonimmigrant.

19 (2) The Secretary of State may waive subsection (a)(1) of this section

20 for a nonimmigrant described by section 2301 or 2302 of this title or an

21 alien granted a diplomatic visa on a diplomatic passport or on equivalent

22 documentation.

23 (3) Subsections (a)(2)–(4) and (b) of this section do not apply to a non24 immigrant described by section 2301 or 2302 of this title.

25 § 8102. Forms and oath

26 (a) FORMS.—The Attorney General and Secretary of State jointly shall

27 prepare forms for registering aliens under section 8101(a)(1) of this title.

28 The Attorney General shall prepare forms for registering and fingerprinting

29 aliens under section 8101(a)(2)–(4) of this title. The forms shall request in30 formation on—

31 (1) the date and place of entry of the alien into the United States;

32 (2) activities and intended activities of the alien;

33 (3) the period of time the alien expects to remain in the United

34 States;

35 (4) any police and criminal records of the alien; and

36 (5) additional information as prescribed.

37 (b) OATH.—Information required for registration under this chapter shall

38 be given under oath. An individual authorized by regulations prescribed by

39 the Attorney General to register aliens under this chapter may administer

40 the oath.
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1 § 8103. Certificates of alien registration and alien registra2 tion receipt cards

3 (a) ISSUANCE.—An alien registered and fingerprinted under this chapter

4 or the Alien Registration Act, 1940, shall be issued a certificate of alien

5 registration or an alien registration receipt card in the form and way, and

6 at the time, the Attorney General prescribes by regulation.

7 (b) CARD TO BE CARRIED.—An alien at least 18 years of age shall carry

8 at all times the certificate of alien registration or alien registration receipt

9 card issued to the alien under this section.

10 § 8104. Address notification

11 (a) NOTICE OF CHANGE OF ADDRESS.—Each alien in the United States

12 who is required to register under this chapter shall—

13 (1) notify the Attorney General in writing of each new address of

14 the alien within 10 days after the date of a change of address; and

15 (2) provide with the notice additional information the Attorney Gen16 eral may require by regulation.

17 (b) NOTICE OF NATIVES’ CURRENT ADDRESSES.—The Attorney General

18 may require, on 10 days’ notice, the natives of a foreign country or a class

19 or group of natives of a foreign country who are in the United States and

20 required to register under this chapter to notify the Attorney General of

21 their current addresses and to provide the Attorney General additional in22 formation the Attorney General may require.

23 (c) NOTICE FOR ALIENS LESS THAN 14 YEARS OF AGE.—A parent or

24 legal guardian of an alien less than 14 years of age who is required to reg25 ister shall be given the notice required by this section.

26 § 8105. Confidentiality of records

27 A registration or fingerprinting record made under this chapter is con28 fidential and may be made available only to—

29 (1) law enforcement agencies of the United States Government,

30 States, and localities; and

31 (2) persons and agencies the Attorney General designates.

32 § 8106. Cancellation of registration

33 The Secretary of State shall cancel the registration of an alien who does

34 not apply for an immigrant visa within one year after being notified that

35 a visa is available. However, the Secretary shall reinstate the registration

36 if the alien establishes within 2 years after notification that the failure to

37 apply was due to circumstances beyond the control of the alien.

38 CHAPTER 83—MISCELLANEOUS

Sec.

8301. Notice of denial of visa, admission, or change 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.
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8304. Sanctions for frivolous legal actions.

1 § 8301. Notice of denial of visa, admission, or change of sta2 tus

3 If a consular officer or an immigration officer denies an alien’s applica4 tion for a visa, admission to the United States, or change of status because

5 the officer finds the alien to be ineligible under section 2121(a), 4104

6 (c)(2), (d)(3), or (g)(1) or (2), 4311(a), or 9106 of this title or excludable

7 under subchapter I of chapter 63 of this title, the officer shall provide the

8 alien with a timely written notice of the denial. The notice shall state the

9 decision and list the specific provisions of law on which the denial is based.

10 § 8302. Restriction on immigration of officers and employees

11 of foreign governments and international organi12 zations

13 An officer or employee of a government of a foreign country or an inter14 national organization, and an attendant, servant, employee, or member of

15 the immediate family of the officer or employee, may apply for and be

16 granted an immigrant visa and be admitted to the United States as an im17 migrant only after executing the same waiver as provided by section 9105(c)

18 of this title.

19 § 8303. Ineligibility of section 2312 nonimmigrants for cer20 tain benefits

21 (a) INELIGIBILITY.—An alien admitted to the United States as a non22 immigrant under section 2312 of this title, or classified as a nonimmigrant

23 under section 2312 after admission, is ineligible to apply for an immigrant

24 visa, permanent residence, or a nonimmigrant visa under section 2313–2317

25 or 2325 of this title until the alien has resided and been physically present

26 in the foreign country of the alien’s nationality or last residence for a total

27 of at least 2 years after leaving the United States, if—

28 (1) the alien’s participation in the program for which the alien came

29 to the United States was financed in any part by the United States

30 Government or by the government of the foreign country of the alien’s

31 nationality or last residence;

32 (2) the alien, at the time of admission or classification as a non33 immigrant under section 2312 of this title, was a national or resident

34 of a foreign country that the Director of the United States Information

35 Agency (under regulations the Director prescribed) designated as clear36 ly requiring the services of individuals engaged in the alien’s field of

37 specialized knowledge or skill; or

38 (3) the alien came to the United States or was classified as a non39 immigrant under section 2312 of this title to receive graduate medical

40 education or training.
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1 (b) WAIVERS.—The Attorney General may waive the 2-year residence re2 quirement of subsection (a) of this section if the Attorney General finds that

3 admitting the alien would be in the public interest, after receiving a favor4 able recommendation from—

5 (1) the Director—

6 (A) because of a request from an interested agency; or

7 (B) if the foreign country of the alien’s nationality or last resi8 dence provides the Director with a written statement that it does

9 not object to the waiver, except that this subclause does not apply

10 to an alien described by subsection (a)(3) of this section; or

11 (2) the Commissioner of Immigration and Naturalization if the Com12 missioner finds that—

13 (A) departure from the United States would impose exceptional

14 hardship on the alien’s spouse or child when the spouse or child

15 is a citizen of the United States or lawfully admitted for perma16 nent residence; or

17 (B) the alien would be subject to persecution because of race,

18 religion, or political opinion if the alien returned to the foreign

19 country of the alien’s nationality or last residence.

20 § 8304. Sanctions for frivolous legal actions

21 (a) REGULATIONS.—The Attorney General by regulation shall—

22 (1) define frivolous behavior for which attorneys may be sanctioned

23 in a proceeding before a special inquiry officer or an appellate adminis24 trative body under this subtitle;

25 (2) specify the circumstances under which an administrative appeal

26 of a decision or ruling will be considered frivolous and summarily dis27 missed; and

28 (3) impose appropriate sanctions (that may include suspension and

29 disbarment) for frivolous behavior.

30 (b) NONLIMITATION OF AUTHORITY.—This section does not limit the au31 thority of the Attorney General to take action for inappropriate behavior.

32 PART F—CHANGE OF STATUS AND CLASSIFICATION

33 CHAPTER 91—CHANGE OF STATUS AND

34 CLASSIFICATION

Sec.

9101. Aliens inspected and admitted or paroled into the United States.

9102. Aliens admitted as foreign government officials and their families.

9103. Aliens whose deportation is suspended.

9104. Aliens entering the United States before January 1, 1972.

9105. Aliens lawfully admitted for permanent residence.

9106. Additional requirements for aliens changing to certain employment-based immigrant

status.

9107. Rescission of change of status to alien lawfully admitted for permanent residence.

9108. Change of nonimmigrant classification.
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1 § 9101. Aliens inspected and admitted or paroled into the

2 United States

3 (a) REQUIREMENTS.—Except as provided by subsections (e) and (f) of

4 this section, the Attorney General may change the status of an alien in5 spected and admitted or paroled into the United States to that of an alien

6 lawfully admitted for permanent residence if—

7 (1) the alien applies for the change, is eligible to receive an immi8 grant visa, and is admissible to the United States for permanent resi9 dence; and

10 (2) an immigrant visa is immediately available to the alien when the

11 alien applies for the change.

12 (b) RECORDATION OF CHANGE.—On approving an application for a

13 change of status under subsection (a) of this section, the Attorney General

14 shall record the lawful admission of the alien for permanent residence as

15 of the date the Attorney General changes the alien’s status.

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 granted under sections 4103–4106 and 4111 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 by section 137(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 4104 (c)(2), (d)(3), and (g)(2), 4311(a), 6304(a),

28 6313 (a)(2) and (c), and 9106 of this title do not apply;

29 (ii) the Attorney General may waive section 4104(g)(1) and sub30 chapter I of chapter 63 of this title (except as provided by

31 subclause (iii) of this clause) for an alien for humanitarian pur32 poses, to ensure family unity, or when it is otherwise in the public

33 interest; and

34 (iii) the Attorney General may not waive section 6307(a)(1)–(4),

35 6308(a)–(c), or 6309 of this title, except as section 6307(a)(3) is

36 related to a single offense of simple possession of not more than

37 30 grams of marijuana;

38 (C) the relationship between an alien and the alien’s natural parents

39 or prior adoptive parents is not a factor in making a waiver under

40 clause (B)(ii) of this paragraph; and
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1 (D) this paragraph and section 137(a)(12) of this title do not au2 thorize an alien to apply for admission or be admitted to the United

3 States to obtain the special immigrant status as defined by section

4 137(a)(12).

5 (2) In applying this section to a special immigrant as defined by section

6 137(a)(13) of this title, the alien is deemed to have been paroled into the

7 United States.

8 (e) NONAPPLICATION.—Subsection (a) of this section does not apply to—

9 (1) an alien crewmember;

10 (2) an alien admitted in immediate and continuous travel without a

11 visa under section 2121(b)(3) of this title;

12 (3) an alien (except an immediate relative and a special immigrant

13 as defined by section 137(a)(8)–(13) of this title) who—

14 (A) after January 1, 1977, and before applying for a change of

15 status, engages in or accepts unauthorized employment;

16 (B) has an unlawful immigration status on the date of filing the

17 application for a change 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; or

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.

24 (f) ALIENS WHOSE STATUS MAY NOT BE CHANGED.—(1) The Attorney

25 General may not change, under subsection (a) of this section, the status

26 of—

27 (A) an alien lawfully admitted for permanent residence on a condi28 tional basis under subchapter I of chapter 45 of this title;

29 (B) a nonimmigrant classified under section 2309(a) of this title, ex30 cept to that of an alien lawfully admitted for permanent residence on

31 a conditional basis under subchapter I of chapter 45 of this title, be32 cause of the marriage of the nonimmigrant (or, if a child, the parent)

33 to the citizen who filed the petition under section 2309(b) of this title;

34 or

35 (C) an alien seeking an immigrant visa because of a marriage en36 tered into during the period an administrative or judicial proceeding on

37 the alien’s right to enter or remain in the United States is pending.

38 (2)(A) Paragraph (1)(C) of this subsection does not apply to a marriage

39 if the alien establishes by clear and convincing evidence satisfactory to the

40 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 daugh8 ter.

9 (B) Under regulations of the Attorney General, the Attorney General

10 shall allow only one level of administrative appellate review for each alien

11 under this paragraph.

12 § 9102. Aliens admitted as foreign government officials and

13 their families

14 (a) REQUIREMENTS.—An alien admitted to the United States as a non15 immigrant classified under section 2301 (1) or (2) or 2302(1)–(3) of this

16 title, who does not remain a member of any of those nonimmigrant classes,

17 may apply to the Attorney General to change the status of the alien to that

18 of an alien lawfully admitted for permanent residence. After consulting with

19 the Secretary of State, the Attorney General may change the status of the

20 alien if the Attorney General is satisfied that—

21 (1) the alien has demonstrated compelling reasons why the alien can22 not return to the country represented by the government that accred23 ited the alien or a member of the alien’s immediate family and that

24 changing the status of the alien is in the interest of the United States;

25 (2) the alien is of good moral character;

26 (3) the alien is admissible for permanent residence under this title;

27 and

28 (4) changing the alien’s status under this subsection would not be

29 contrary to the welfare, safety, or security of the United States.

30 (b) RECORDATION OF CHANGE AND REPORT TO CONGRESS.—If the At31 torney General changes the status of an alien under subsection (a) of this

32 section, the Attorney General—

33 (1) may record the lawful admission of the alien for permanent resi34 dence as of the date of the change; and

35 (2) shall submit to Congress, on the first day of the next month in

36 which Congress is in session—

37 (A) a complete and detailed report of the facts and law in the

38 alien’s case; and

39 (B) the Attorney General’s reasons for the change.

40 (c) CONGRESSIONAL DISAPPROVAL OF CHANGE.—If before the end of the

41 session of Congress after the session in which the report is submitted, either
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1 House of Congress passes a resolution disapproving the change of the

2 alien’s status, the Attorney General shall require the alien to leave the Unit3 ed States as provided by law.

4 (d) REDUCTION IN NUMBER OF IMMIGRANT VISAS.—(1) For each alien

5 lawfully admitted for permanent residence under this section, the Secretary

6 of State shall reduce by one the number of immigrant visas for the foreign

7 country to which the alien is chargeable under section 4112 of this title for

8 the current fiscal year or the next fiscal year in which a visa is available

9 if—

10 (A) neither House of Congress passes a resolution under subsection

11 (c) of this section disapproving the change of the alien’s status; and

12 (B) the alien was classifiable as an immigrant subject to the numeri13 cal limitations of sections 4102–4106 and 4111 of this title when the

14 alien entered the United States.

15 (2) The Secretary may not reduce the numerical limitations for the for16 eign country under this section by more than 50 percent in a fiscal year.

17 (e) NUMERICAL LIMITATION.—The Attorney General may admit as aliens

18 lawfully admitted for permanent residence under this section not more than

19 50 aliens in a fiscal year.

20 § 9103. Aliens whose deportation is suspended

21 The Attorney General shall—

22 (1) change the status of an alien whose deportation the Attorney

23 General suspends under section 6538(a) of this title to that of an alien

24 lawfully admitted for permanent residence; and

25 (2) record the lawful admission of the alien for permanent residence

26 as of the date the Attorney General suspends the deportation.

27 § 9104. Aliens entering the United States before January 1,

28 1972

29 (a) REQUIREMENTS.—On approval of an application of an alien, the At30 torney General may change the status of the alien to that of an alien law31 fully admitted for permanent residence if—

32 (1) a record of the lawful admission of the alien for permanent resi33 dence is not available; and

34 (2) the alien satisfies the Attorney General that the alien—

35 (A) entered the United States before January 1, 1972, and has

36 resided in the United States continuously since the alien’s entry;

37 (B) is of good moral character;

38 (C) is eligible to be naturalized as a citizen of the United

39 States; and

40 (D) is not excludable under—

41 (i) section 6309 of this title; or
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1 (ii) a provision of subchapter I of chapter 63 of this title

2 related to criminals, immoral individuals, violators of narcotic

3 laws, smugglers of aliens, or aliens associated with undemo4 cratic ideals.

5 (b) RECORDATION OF CHANGE.—If the Attorney General changes the

6 status of an alien under subsection (a) of this section, the Attorney General

7 shall record the lawful admission of the alien for permanent residence as

8 of the date—

9 (1) the alien entered the United States if the alien entered before

10 July 1, 1924; or

11 (2) the Attorney General approves the alien’s application for a

12 change of status under this section.

13 (c) PHOTOGRAPHS.—An alien applying for a change of status under this

14 section must provide the Attorney General with 3 identical photographs of

15 the alien.

16 (d) NONAPPLICATION OF NUMERICAL LIMITATIONS.—The numerical lim17 itations of sections 4102 and 4111 of this title do not apply to an alien

18 whose status is changed under this section.

19 § 9105. Aliens lawfully admitted for permanent residence

20 (a) CHANGE TO NONIMMIGRANT STATUS.—Except as provided by sub21 section (c) of this section, the Attorney General shall change the status of

22 an alien lawfully admitted for permanent residence to that of a non23 immigrant classified under section 2301, 2302, or 2306(b)(1) of this title

24 if at the time of entry or after the alien enters the United States the alien

25 engages in an occupation that would qualify the alien to be classified as a

26 nonimmigrant under section 2301, 2302, or 2306(b)(1) if the alien were

27 seeking to be admitted to the United States.

28 (b) RECORD OF ADMISSION FOR PERMANENT RESIDENCE CANCELED.—

29 The Attorney General shall cancel the record of the admission of the alien

30 for lawful permanent residence as of the date the Attorney General changes

31 the alien’s status.

32 (c) NONAPPLICATION.—This section does not apply to an alien who—

33 (1) requests the Attorney General not to change the alien’s status

34 under this section; and

35 (2) files with the Attorney General a written waiver of the rights,

36 privileges, exemptions, and immunities that the alien otherwise would

37 be entitled to under a law or executive order because the alien is engag38 ing in an occupation that qualifies the alien to be classified as a non39 immigrant under section 2301, 2302, or 2306(b)(1) of this title.
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1 § 9106. Additional requirements for aliens changing to cer2 tain employment-based immigrant status

3 Section 4104(g) of this title applies to aliens applying for a change of

4 status to that of an immigrant under section 4104 (c) or (d) of this title.

5 § 9107. Rescission of change of status to alien lawfully ad6 mitted for permanent residence

7 (a) GENERAL.—(1) If, within 5 years after the Attorney General changes

8 the status of an alien under any provision of law (except under section 9103

9 of this title) to that of an alien lawfully admitted for permanent residence,

10 the Attorney General is satisfied that the alien was not eligible for the

11 change, the Attorney General shall rescind—

12 (A) the change of the alien’s status; and

13 (B) the suspension of the alien’s deportation if the Attorney General

14 suspended the deportation.

15 (2) When the Attorney General rescinds a change under paragraph (1)

16 of this subsection, the alien becomes subject to this title as if the Attorney

17 General had not changed the alien’s status.

18 (b) ALIEN WHOSE DEPORTATION IS SUSPENDED.—(1) If, within 5 years

19 after the Attorney General changes the status of an alien under section

20 9103 of this title to that of an alien lawfully admitted for permanent resi21 dence, the Attorney General is satisfied that the alien was not eligible for

22 the change, the Attorney General shall submit to Congress, on the first or

23 15th day of the next month in which Congress is in session, a complete and

24 detailed report of the facts and law in the alien’s case.

25 (2) If, before the end of the session of Congress after the session in which

26 the report is submitted, Congress passes a concurrent resolution withdraw27 ing the suspension of the alien’s deportation, the alien becomes subject to

28 this title as if the Attorney General had not changed the alien’s status.

29 § 9108. Change of nonimmigrant classification

30 (a) PREREQUISITES.—Except as provided by subsection (b) of this sec31 tion, the Attorney General may change the classification of an alien from

32 one nonimmigrant classification to another nonimmigrant classification

33 under conditions prescribed by the Attorney General if the alien—

34 (1) is lawfully admitted to the United States as a nonimmigrant; and

35 (2) continues to qualify as a nonimmigrant.

36 (b) NONAPPLICATION.—The Attorney General may not change the classi37 fication of an alien under subsection (a) of this section if the alien—

38 (1) is admitted to the United States for passage through the United

39 States in immediate and continuous travel to a foreign country;

40 (2) is classified as a nonimmigrant described by section 2304, 2305,

41 or 2309 of this title;
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1 (3) is classified as a nonimmigrant described by section 2312(a) of

2 this title and came to the United States or acquired the classification

3 to receive graduate medical education or training;

4 (4) except an alien referred to in clause (3) of this subsection, is

5 classified as a nonimmigrant described by section 2312(a) of this title

6 and is subject to, and has not received a waiver of, the 2-year foreign

7 residence requirement of section 8303(a) of this title, unless the alien

8 applies to have the alien’s classification changed from a classification

9 as a nonimmigrant described by section 2312(a) to a classification as

10 a nonimmigrant described by section 2301 or 2302 of this title; or

11 (5) is admitted as a nonimmigrant visitor without a visa under sec12 tion 2121(c) or 2127 of this title.

13 CHAPTER 93—CHANGE OF STATUS FOR CERTAIN

14 ALIENS WHO ENTERED THE UNITED STATES BEFORE

15 1982

Sec.

9301. Numerical limitations and admissions.

9302. Change of status to alien lawfully admitted for temporary residence.

9303. Applications for change of status to alien lawfully admitted for temporary residence.

9304. Change 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.

16 § 9301. Numerical limitations and admissions

17 (a) NUMERICAL LIMITATIONS.—The numerical limitations of sections

18 4102 and 4111 of this title do not apply to a change of status of an alien

19 to that of an alien lawfully admitted for permanent residence under this

20 chapter.

21 (b) ADMISSIONS.—This chapter does not authorize an alien to apply for

22 admission to, or be admitted to, the United States so that the alien may

23 apply for a change of status under section 9302 of this title.

24 § 9302. Change of status to alien lawfully admitted for tem25 porary residence

26 (a) REQUIREMENTS.—The Attorney General shall change the status of an

27 alien to that of an alien lawfully admitted for temporary residence if the

28 alien meets the following requirements:

29 (1) The alien applied for the change as provided by section 9303 of

30 this title after May 4, 1987, and before May 5, 1988.

31 (2) The alien entered the United States before January 1, 1982.
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1 (3) The alien resided continuously in the United States in an unlaw2 ful status from January 1, 1982, through the date the application for

3 the change was filed under this section.

4 (4) If the alien—

5 (A) entered the United States as a nonimmigrant before Janu6 ary 1, 1982, the alien’s period of authorized stay as a non7 immigrant expired before January 1, 1982, or the United States

8 Government by January 1, 1982, knew of the unlawful status of

9 the alien; or

10 (B) was a nonimmigrant exchange alien described by section

11 2312(a) of this title, the alien was not subject to the 2-year for12 eign residence requirement of section 8303(a) of this title, fulfilled

13 the requirement, or received a waiver.

14 (5) The alien has been physically present continuously in the United

15 States, except for any brief, casual, and innocent absence, since No16 vember 6, 1986.

17 (6) The alien is admissible to the United States as an immigrant,

18 except as provided by sections 9305 and 9306 of this title.

19 (7) The alien has not been convicted of a felony or of not more than

20 2 misdemeanors committed in the United States.

21 (8) The alien has not assisted in the persecution of a person because

22 of race, religion, nationality, membership in a social group, or political

23 opinion.

24 (9) The alien is registered or registering under the Military Selective

25 Service Act (50 App. U.S.C. 451 et seq.) if the Act requires the alien

26 to register.

27 (b) AUTHORIZED TRAVEL.—During the time an alien is an alien lawfully

28 admitted for temporary residence under subsection (a) of this section, the

29 Attorney General shall allow the alien to return to the United States after—

30 (1) any brief and casual trip outside the United States that reflects

31 the alien’s intent to have the alien’s status changed under section 9304

32 of this title to that of an alien lawfully admitted for permanent resi33 dence; and

34 (2) any brief temporary trip outside the United States because of a

35 family obligation involving the illness or death of a close relative or an36 other family need.

37 (c) AUTHORIZED EMPLOYMENT.—During the time an alien is an alien

38 lawfully admitted for temporary residence under subsection (a) of this sec39 tion, the Attorney General shall grant the alien authorization to work in the

40 United States and provide to the alien an ‘‘employment authorized’’ en41 dorsement or other appropriate work permit.
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1 (d) CUBAN OR HAITIAN ENTRANT.—In applying this section, a Cuban or

2 Haitian entrant described by section 13151(1) or (2)(A) of this title is

3 deemed to have entered the United States and to be in an unlawful status

4 in the United States.

5 § 9303. Applications for change of status to alien lawfully

6 admitted for temporary residence

7 (a) CONTENTS.—An application for a change of status under section

8 9302(a) of this title shall contain information the Attorney General re9 quires, including information on each living relative of the applicant with

10 respect to whom the applicant may file a petition at a later date under sec11 tion 4301 (a) or (b) of this title.

12 (b) WHO MAY RECEIVE APPLICATIONS.—The Attorney General shall pro13 vide that an application for a change of status under section 9302(a) of this

14 title may be filed with the Attorney General or with an entity designated

15 under subsection (c) of this section if the applicant consents to having the

16 application forwarded to the Attorney General.

17 (c) DESIGNATING ENTITIES TO RECEIVE APPLICATIONS.—To assist in

18 the legalization program under this chapter, the Attorney General—

19 (1) shall designate qualified voluntary organizations and other quali20 fied State, local, and community organizations; and

21 (2) may designate other persons the Attorney General decides are

22 qualified and have substantial experience, demonstrated competence,

23 and traditional long-term involvement in preparing and submitting ap24 plications for a change of status under section 5107 or 9101 of this

25 title, the Act of November 2, 1966 (Public Law 89–732, 80 Stat.

26 1161), or the Act of October 28, 1977 (Public Law 95–145, 91 Stat.

27 1223).

28 (d) TREATMENT OF APPLICATIONS BY DESIGNATED ENTITIES.—An en29 tity designated under subsection (c) of this section must agree to forward

30 to the Attorney General only those applications filed with it under sub31 section (b) of this section that the applicants consent to being forwarded.

32 An entity may not make a decision under this chapter required to be made

33 by the Attorney General.

34 § 9304. Change of status from temporary residence to per35 manent residence

36 (a) REQUIREMENTS.—The Attorney General shall change the status of an

37 alien lawfully admitted for temporary residence under section 9302 of this

38 title to that of an alien lawfully admitted for permanent residence if the

39 alien—
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1 (1) applies for the change during the 2-year period beginning with

2 the 19th month that begins after the alien acquired the status of an

3 alien lawfully admitted for temporary residence;

4 (2) has resided continuously in the United States since the alien ac5 quired the status of an alien lawfully admitted for temporary residence;

6 (3) is admissible as an immigrant, except as provided by sections

7 9305 and 9306 of this title;

8 (4) has not been convicted of a felony or of not more than 2 mis9 demeanors committed in the United States; and

10 (5)(A) meets the requirements of section 20301(a) (7) and (8) of

11 this title; or

12 (B) is pursuing satisfactorily a course of study, recognized by the At13 torney General, to meet the requirements of section 20301(a) (7) and

14 (8) of this title.

15 (b) EXCEPTIONS.—(1) An alien does not violate the continuous residence

16 requirement of subsection (a)(2) of this section because of an absence from

17 the United States allowed under section 9302(b) of this title.

18 (2) The Attorney General may waive any part of the requirements of sub19 section (a)(5) of this section for an alien who is at least 65 years of age

20 or developmentally disabled.

21 (c) RELATION TO NATURALIZATION EXAMINATION.—An alien dem22 onstrating under subsection (a)(5)(A) of this section that the alien meets

23 the requirements of section 20301(a) (7) and (8) of this title may be

24 deemed to have satisfied those requirements for becoming naturalized as a

25 citizen of the United States under subtitle V of this title.

26 § 9305. Medical examination

27 An alien must undergo, at the alien’s expense, an appropriate medical ex28 amination (including establishing the alien’s immunization status) that com29 plies with generally accepted professional standards of medical practice be30 fore a decision on the alien’s admissibility under sections 9302(a)(6),

31 9304(a)(3), and 9311(2) of this title may be made.

32 § 9306. Nonapplication and waiver of certain provisions of

33 law

34 (a) GROUNDS OF EXCLUSION THAT DO NOT APPLY OR THAT MAY BE

35 WAIVED.—When the Attorney General is deciding on an alien’s admissibility

36 under sections 9302(a)(6), 9304(a)(3), and 9311(2) of this title—

37 (1) sections 4104(c)(2), (d)(3), and (g) (1) and (2), 4311(a), 6313,

38 and 9106 of this title do not apply; and

39 (2) except as provided by subsection (b) of this section, the Attorney

40 General may waive section 2121(a) and subchapter I of chapter 63 of

41 this title for an individual alien—
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1 (A) for humanitarian purposes;

2 (B) to ensure family unity; or

3 (C) when otherwise in the public interest.

4 (b) GROUNDS THAT MAY NOT BE WAIVED.—Notwithstanding subsection

5 (a)(2) of this section, the Attorney General may not waive—

6 (1) section 6304(a) of this title to the extent it is related to an appli7 cation for a change of status to an alien lawfully admitted for perma8 nent residence, except that section 6304(a) may be waived for an alien

9 who is or was an aged, blind, or disabled individual (as defined by sec10 tion 1614(a)(1) of the Social Security Act (42 U.S.C. 1382c(a)(1)));

11 (2) section 6307(a)(1)–(4) of this title, except as section 6307(a)(3)

12 is related to a single offense of simple possession of not more than 30

13 grams of marijuana; or

14 (3) section 6308 or 6309 of this title.

15 (c) SPECIAL RULE FOR DECIDING WHETHER ALIENS ARE PUBLIC

16 CHARGES.—An alien is not ineligible for a change of status under this chap17 ter because of inadmissibility under section 6304(a) of this title if the alien

18 demonstrates a history of employment in the United States showing self19 support without reliance on public cash assistance.

20 § 9307. Fees

21 (a) FEE SCHEDULE.—The Attorney General shall establish a schedule of

22 fees for applying for a change of status under section 9302 or 9304 of this

23 title. The Attorney General shall provide for an additional fee for applying

24 for a change of status under section 9304 of this title after the end of the

25 first year of the 2-year period described by section 9304(a)(1) of this title.

26 (b) USE OF FEES.—The Attorney General shall deposit amounts received

27 under subsection (a) of this section in a separate account. The amounts may

28 be used, without fiscal year limitation, for expenses related to reviewing ap29 plications filed under section 9302 or 9304 of this title. Capital assets ac30 quired with amounts in the account are available for the general use of the

31 Immigration and Naturalization Service when the assets are not needed for

32 activities related to reviewing those applications.

33 § 9308. Confidentiality of information

34 (a) LIMITATION ON ACCESS.—A record of an entity designated under sec35 tion 9303(c) of this title, related to an alien seeking assistance or informa36 tion about filing an application under this chapter, is confidential. The At37 torney General may have access to the record only with the consent of the

38 alien.

39 (b) LIMITATIONS ON USE.—The Attorney General or an officer or em40 ployee of the Department of Justice—
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1 (1) may use information provided by making an application under

2 this chapter only—

3 (A) to make a decision on the application; or

4 (B) to enforce section 10155 of this title;

5 (2) may disclose information provided under this chapter in the same

6 way that census information may be disclosed under section 8 of title

7 13;

8 (3) may not make a publication that allows the information provided

9 by a particular individual to be identified; and

10 (4) may allow only a sworn officer or employee of the Department

11 or of an entity designated under section 9303(c) of this title (for an

12 application filed with the entity) to examine an application.

13 § 9309. Temporary stay of deportation

14 (a) If an alien was apprehended before May 5, 1987, and could have es15 tablished a prima facie case of eligibility for a change of status under sec16 tion 9302 of this title, except that the alien could not apply for the adjust17 ment before May 5, 1987, the Attorney General shall provide that, unless

18 the alien had an opportunity after May 4, 1987, and before June 4, 1987,

19 to complete the filing of an application for a change of status, the alien—

20 (1) may not be deported;

21 (2) may work in the United States; and

22 (3) shall be provided an ‘‘employment authorized’’ endorsement or

23 other appropriate work permit.

24 (b) If an alien presented a prima facie application for a change of status

25 under section 9302 of this title after May 4, 1987, and before May 5, 1988,

26 the Attorney General shall provide that, until a final decision has been made

27 on the application, the alien—

28 (1) may not be deported;

29 (2) may work in the United States; and

30 (3) shall be provided an ‘‘employment authorized’’ endorsement or

31 other appropriate work permit.

32 § 9310. Temporary ineligibility to receive certain assistance

33 (a) PERIOD OF INELIGIBILITY.—(1) Except as provided by paragraphs

34 (3) and (4) of this subsection and subsection (b) of this section, an alien

35 who acquires the status of an alien lawfully admitted for temporary resi36 dence under section 9302 of this title is not eligible for the following, during

37 the 5–year period beginning on the date the alien was granted the status:

38 (A) financial assistance under the program of aid to families with

39 dependent children under part A of title IV of the Social Security Act

40 (42 U.S.C. 601 et seq.).

41 (B) any other program of financial assistance—
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1 (i) provided under a law of the United States on a financial2 need basis; and

3 (ii) identified by the Attorney General in consultation with the

4 heads of other agencies.

5 (C) medical assistance under a State plan approved under title XIX

6 of the Social Security Act (42 U.S.C. 1396 et seq.).

7 (D) assistance under the Food Stamp Act of 1977 (7 U.S.C. 2011

8 et seq.).

9 (2) To the extent consistent with this subsection and subsection (b) of

10 this section, a State or political subdivision of a State may provide that the

11 alien is not eligible for financial assistance referred to in paragraph (1) (A)

12 and (B) of this subsection or for medical assistance referred to in paragraph

13 (1)(C) of this subsection provided under a law of the State or political sub14 division.

15 (3) Paragraph (1) of this subsection does not apply to—

16 (A) a Cuban or Haitian entrant (as defined by section 501(e)(1) or

17 (2)(A) of the Refugee Education Assistance Act of 1980 (Public Law

18 96–422, 94 Stat. 1810) as in effect on April 1, 1983); or

19 (B) assistance (except aid to families with dependent children) pro20 vided an alien who is an aged, blind, or disabled individual (as defined

21 by section 1614(a)(1) of the Social Security Act (42 U.S.C.

22 1382c(a)(1)).

23 (4) Assistance provided under the following laws is not financial assist24 ance referred to in paragraph (1)(B) of this subsection:

25 (A) title IV of the Higher Education Act of 1965 (20 U.S.C. 1070

26 et seq. and 42 U.S.C. 2751 et seq.).

27 (B) the Carl D. Perkins Vocational and Applied Technology Edu28 cation Act (20 U.S.C. 2301 et seq.).

29 (C) the Job Training Partnership Act (29 U.S.C. 1501 et seq.).

30 (D) the Public Health Service Act (42 U.S.C. 201 et seq.).

31 (E) titles I, X, XIV, and XVI of the Social Security Act (42 U.S.C.

32 301 et seq., 1201 et seq., 1351 et seq., 1381 et seq.) as in effect with33 out regard to the amendment made by section 301 of the Social Secu34 rity Amendments of 1972 (Public Law 92–603, 86 Stat. 1465).

35 (F) parts B, D, and E of title IV and titles V, XVI, and XX of the

36 Social Security Act (42 U.S.C. 620 et seq., 651 et seq., 670 et seq.,

37 701 et seq., 1381 et seq., 1397 et seq.).

38 (G) the National School Lunch Act (42 U.S.C. 1751 et seq.).

39 (H) the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).

40 (b) RESTRICTED MEDICAL ASSISTANCE.—(1) In this subsection—
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1 (A) ‘‘medical assistance’’ means medical assistance under a State

2 plan approved under title XIX of the Social Security Act (42 U.S.C.

3 1396 et seq.); and

4 (B) an alien lawfully admitted for temporary residence under section

5 9302 of this title is deemed to be residing permanently in the United

6 States under color of law as long as the alien’s temporary residence

7 status is not changed.

8 (2) Except as provided by paragraph (3) of this subsection and notwith9 standing title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), an

10 alien lawfully admitted for temporary residence under section 9302 of this

11 title is eligible for only the following medical assistance during the 5-year

12 period beginning on the date the alien is granted temporary residence sta13 tus:

14 (A) emergency services as provided under section 1916(a)(2)(D) of

15 the Social Security Act (42 U.S.C. 1396o(a)(2)(D)).

16 (B) services for pregnant women as described by section

17 1916(a)(2)(B) of the Social Security Act (42 U.S.C. 1396o(a)(2)(B)).

18 (3) An alien lawfully admitted for temporary residence under section

19 9302 of this title is eligible for any medical assistance during the 5-year

20 period beginning on the date the alien is granted temporary residence status

21 if the alien is—

22 (A) an alien described by subsection (a)(3) of this section; or

23 (B) less than 18 years of age.

24 (c) CHANGE IN STATUS NOT AFFECTING CERTAIN BENEFITS.—Assist25 ance under subchapter IV of chapter 131 of this title shall be continued

26 without regard to a change of the alien’s status under this chapter.

27 (d) ALIEN NOT RESIDING PERMANENTLY IN THE UNITED STATES.—Un28 less otherwise specifically provided, an alien lawfully admitted for temporary

29 residence under section 9302 of this title is not residing permanently in the

30 United States under color of law for purposes of a law of a State or political

31 subdivision of a State providing for a program of financial assistance.

32 § 9311. Unfavorable ending of temporary residence status

33 The Attorney General shall end the temporary residence status granted

34 an alien under section 9302 of this title—

35 (1) if the Attorney General believes the alien was not eligible for that

36 status;

37 (2) if the alien—

38 (A) commits an act that makes the alien inadmissible to the

39 United States as an immigrant, except as provided by sections

40 9305 and 9306 of this title; or
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1 (B) is convicted of a felony or of at least 3 misdemeanors com2 mitted in the United States; or

3 (3) at the end of the 43d month after the alien is granted the status,

4 unless the alien has applied under section 9304 of this title for a

5 change of status to that of an alien lawfully admitted for permanent

6 residence and the application has not been denied.

7 § 9312. Administrative and judicial review

8 (a) EXCLUSIVENESS OF REVIEW.—The only administrative and judicial

9 reviews of a decision made under this chapter about an application for a

10 change of status of an alien shall be the reviews provided by this section.

11 (b) ADMINISTRATIVE REVIEW.—Except as provided by subsection (d) of

12 this section, the Attorney General shall maintain an appellate authority to

13 provide for a single level of administrative appellate review of a decision de14 scribed by subsection (a) of this section. The review shall be based only on

15 the administrative record established at the time of the decision and on ad16 ditional or newly discovered evidence not available at the time the decision

17 was made.

18 (c) JUDICIAL REVIEW.—Except as provided by subsection (d) of this sec19 tion, a decision made under this chapter denying a change of status of an

20 alien may be reviewed judicially only by judicial review of an order of depor21 tation under section 6535 of this title. The review shall be based only on

22 the administrative record established at the time of the review by the appel23 late authority. The findings of fact and decisions contained in the record

24 of the authority are conclusive unless the applicant establishes abuse of dis25 cretion or that the findings are directly contrary to clear and convincing

26 facts contained in the record considered as a whole.

27 (d) NO REVIEW FOR LATE FILING.—A denial of a change of status

28 under this chapter because an application for the change was filed late may

29 not be reviewed in an administrative proceeding of the United States Gov30 ernment or by a court of the United States or a State.

31 § 9313. Administrative

32 (a) REGULATIONS.—After consulting with the Committees on the Judici33 ary of the House of Representatives and the Senate, the Attorney General

34 shall prescribe—

35 (1) regulations establishing a definition of ‘‘resided continuously’’ for

36 this chapter and evidence needed to establish that an alien has resided

37 continuously in the United States under this chapter; and

38 (2) other regulations necessary to carry out this chapter.

39 (b) CONSIDERATIONS.—In prescribing regulations under subsection (a)(1)

40 of this section, the Attorney General—
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1 (1) shall specify individual and total periods of absence from the

2 United States that will break a period of continuous residence in the

3 United States and shall consider any absence that is only a brief and

4 casual trip outside the United States;

5 (2) shall provide that—

6 (A) an alien has not resided continuously in the United States

7 if the alien was outside the United States, during a period for

8 which continuous residence is required, because of a deportation

9 order; and

10 (B) time during which an alien is outside the United States

11 under the advance parole procedures of the Attorney General is

12 not part of the time during which an alien is outside the United

13 States under this chapter;

14 (3) may provide for a waiver of the periods specified in clause (1)

15 of this subsection if the absence is a brief temporary trip outside the

16 United States required by an emergency or extenuating circumstance

17 outside the control of the alien; and

18 (4) shall require that continuous residence and physical presence in

19 the United States be established by documents (employment-related if

20 available) and independent corroboration of the information the docu21 ments contain.

22 PART G—PENALTIES

23 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 detain and 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.
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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 change of status.

10156. Disclosing confidential information in applications.

10157. Establishing a commercial enterprise to evade immigration laws.

1 SUBCHAPTER I—GENERAL

2 § 10101. Settlement, compromise, and discontinuance of cer3 tain proceedings

4 A judicial proceeding for violating this title (except subchapter I of chap5 ter 5, subchapters I, III, and IV of chapter 131, chapters 133–137, and

6 section 13902) may be settled, compromised, or discontinued only with the

7 consent of the court. A settlement, compromise, or discontinuance, and the

8 reasons for it, shall be entered on the record.

9 SUBCHAPTER II—CIVIL PENALTIES

10 § 10111. Violating regulations related to ports of entry for

11 aliens arriving by aircraft

12 (a) CIVIL PENALTY AND COMPROMISE.—A person violating a regulation

13 prescribed under section 6901 of this title is liable to the United States

14 Government for a civil penalty of $2,000. The Attorney General may com15 promise the amount of the penalty. A decision on a penalty or compromise

16 under this section is final.

17 (b) LIEN ON AIRCRAFT.—When the owner or individual in command of

18 an aircraft violates a regulation referred to in subsection (a) of this section,

19 the aircraft is subject to a lien for the civil penalty. The aircraft may be

20 seized summarily by, and placed in the custody of, a person authorized

21 under regulations prescribed by the Attorney General.

22 (c) RELEASE OF AIRCRAFT.—An aircraft seized under this section may

23 be released from custody—

24 (1) on deposit of—

25 (A) an amount (but not more than $2,000) prescribed by the

26 Attorney General; or

27 (B) a bond in an amount and with an insurer prescribed by the

28 Attorney General; and

29 (2) conditioned on payment of the penalty decided on by the Attor30 ney General.

31 (d) COLLECTION OF PENALTY.—A civil action in rem may be brought

32 against the aircraft to collect the civil penalty. The action shall conform as

33 nearly as practicable to civil actions in admiralty.
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1 § 10112. Failure to deliver lists of passengers

2 (a) CIVIL PENALTY.—If the Attorney General is satisfied that a person

3 has not delivered an accurate list of passengers as required under section

4 6902 of this title, the person is liable to the United States Government for

5 a civil penalty of $300 for each passenger for whom the list is not sworn

6 and delivered as required.

7 (b) PROHIBITION ON COMPROMISE.—The Attorney General may not com8 promise the amount of a civil penalty under this section.

9 § 10113. Failure to provide lists and reports about alien

10 crewmembers

11 (a) CIVIL PENALTY.—A person not delivering a list or report required by

12 section 2701 or 2702 of this title is liable to the United States Government

13 for a civil penalty of $200 for each alien crewmember not listed or reported

14 as required.

15 (b) PROHIBITION ON COMPROMISE.—The Attorney General may not com16 promise the amount of a civil penalty under this section.

17 § 10114. Failure to control alien crewmembers

18 (a) CIVIL PENALTY.—A person not detaining or deporting an alien crew19 member as required by section 2704 of this title is liable to the United

20 States Government for a civil penalty of $3,000 for each alien crewmember

21 not detained or deported.

22 (b) COMPROMISE.—The Attorney General may compromise the amount of

23 a civil penalty under this section to not less than $200 for each alien crew24 member involved.

25 § 10115. Improper discharge of alien crewmembers

26 (a) CIVIL PENALTY.—If the Attorney General is satisfied that a person

27 has violated section 2706 of this title, the person is liable to the United

28 States Government for a civil penalty of $3,000 for each violation.

29 (b) COMPROMISE.—The Attorney General may compromise the amount of

30 a civil penalty under this section to not less than $1,500 for each violation.

31 § 10116. Employing alien crewmembers having disabilities

32 and diseases

33 (a) CIVIL PENALTY.—The owner, agent, master, commanding officer, or

34 consignee of a vessel or aircraft is liable to the United States Government

35 for a civil penalty of $1,000 for each alien crewmember employed in viola36 tion of section 2705(a) of this title if the Attorney General is satisfied, from

37 an examination certified by a medical officer of the Public Health Service,

38 that—

39 (1) the crewmember was afflicted with a disability or disease referred

40 to in section 2705(a) of this title when the crewmember was taken on

41 board the vessel or aircraft; and
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1 (2) the disability or disease could have been detected by a competent

2 medical examination.

3 (b) COMPROMISE.—The Attorney General may compromise the amount of

4 a civil penalty under this section.

5 § 10117. Employing alien crewmembers for certain longshore

6 work

7 (a) CIVIL PENALTY.—An owner, agent, master, commanding officer, or

8 consignee of a vessel that hires an alien crewmember classified as a non9 immigrant under section 2305 of this title to perform longshore work not

10 included in the normal operation and service on a vessel under section 2723,

11 2724, or 2725 of this title is liable to the United States Government for

12 a civil penalty of $5,000.

13 (b) LIEN ON VESSEL.—A vessel referred to in subsection (a) of this sec14 tion is subject to a lien for the amount of the civil penalty.

15 (c) PROHIBITION ON COMPROMISE.—The Attorney General may not com16 promise the amount of a civil penalty under this section.

17 § 10118. Violations involving certifications for longshore

18 work by alien crewmembers

19 If the Secretary of Labor finds under section 2723(f) of this title that

20 an employer has failed to meet a condition, or misrepresented a material

21 fact, in its attestation under section 2723(a) of this title, the Secretary may

22 impose a civil penalty of not more than $5,000 for each alien crewmember

23 the employer employs to perform unauthorized longshore work.

24 § 10119. Bringing in aliens excludable because of health

25 (a) CIVIL PENALTY.—A person is liable to the United States Government

26 for a civil penalty of $3,000 for each alien the person brings to the United

27 States in violation of section 6906(b) of this title.

28 (b) PROHIBITION ON COMPROMISE.—The Attorney General may not com29 promise the amount of a civil penalty under this section.

30 § 10120. Bringing in aliens not having passports and visas

31 (a) CIVIL PENALTY.—If the Attorney General is satisfied that a person

32 has brought an alien to the United States in violation of section 6906(a)

33 of this title, the person is liable to the United States Government for a civil

34 penalty of—

35 (1) $3,000 for each such alien; plus

36 (2) except for an alien admitted or allowed to land temporarily, an

37 amount equal to the amount the alien paid to be transported from the

38 initial port of departure, as shown on the alien’s ticket, to the port of

39 arrival.
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1 (b) RETURN OF AMOUNT TO ALIEN.—The amount paid under subsection

2 (a)(2) of this section shall be paid to the alien brought in violation of sec3 tion 6906(a) of this title.

4 (c) COMPROMISE.—The Attorney General may compromise the amount of

5 a civil penalty under this section only if the Attorney General is satisfied

6 that the person, before the vessel or aircraft carrying the alien left the last

7 port outside the United States, did not know and could not have learned

8 by reasonable diligence that the individual transported was an alien required

9 to have a passport and visa.

10 (d) NONAPPLICATION.—This section does not apply to a carrier or an

11 owner, agent, master, commanding officer, charterer, or consignee of a ves12 sel or aircraft relying on a visa or other documentation that has been re13 voked unless reasonable notice of the revocation is received before the alien

14 leaves.

15 § 10121. Assisting unlawful entry as alien crewmembers

16 (a) CIVIL PENALTY.—A person, including the owner, agent, master, com17 manding officer, or consignee of a vessel or aircraft arriving in the United

18 States, is liable to the United States Government for a civil penalty of not

19 more than $10,000 for each alien whom the person—

20 (1) knowingly signs on the articles of the vessel, or brings to the

21 United States as a crewmember of the vessel or aircraft, with intent

22 to allow or assist the alien to enter or land in the United States unlaw23 fully; or

24 (2) knowingly and falsely represents to a consular officer when the

25 alien applies for a visa, or to an immigration officer at the port of ar26 rival in the United States, that the alien is a crewmember.

27 (b) LIEN ON VESSEL OR AIRCRAFT.—A vessel or aircraft referred to in

28 subsection (a) of this section is subject to a lien for the civil penalty and

29 may be seized. A civil action in rem may be brought against the vessel or

30 aircraft to collect the penalty.

31 § 10122. Failure to prevent unauthorized landings

32 (a) CIVIL PENALTY.—A person violating section 6904(a) of this title is

33 liable to the United States Government for a civil penalty of $3,000 for each

34 violation, to be imposed by the Attorney General.

35 (b) LIEN ON VESSEL OR AIRCRAFT.—The vessel or aircraft used in

36 transporting an alien landed in violation of this section is subject to a lien

37 for the civil penalty. A civil action in rem may be brought against the vessel

38 or aircraft to collect the penalty.

39 (c) COMPROMISE.—The Attorney General may compromise the amount of

40 a civil penalty under this section.
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1 § 10123. Failure to detain and deport alien stowaways

2 A person not detaining or deporting an alien stowaway as required by sec3 tion 6907(b) (2) or (3) of this title is liable to the United States Govern4 ment for a civil penalty of $3,000 for each alien stowaway not detained or

5 deported.

6 § 10124. Failure to carry out orders related to detained

7 aliens and bringing in deported aliens

8 (a) CIVIL PENALTY.—If the Attorney General is satisfied that a person

9 has violated section 6903, 6906(c), 6907(a), or 6908 of this title or an

10 order of the Attorney General under one of those sections, the person is lia11 ble to the United States Government for a civil penalty of $2,000 for each

12 violation.

13 (b) PROHIBITION ON COMPROMISE.—The Attorney General may not com14 promise the amount of a civil penalty under this section.

15 § 10125. Document fraud

16 (a) DEFINITION.—In this section, ‘‘person’’, in addition to its meaning

17 under section 1 of title 1, includes a governmental authority.

18 (b) VIOLATIONS.—(1) A person may not knowingly—

19 (A) forge, counterfeit, alter, or falsely make a document to satisfy

20 a requirement of this title;

21 (B) use, attempt to use, possess, obtain, accept, receive, or provide

22 a forged, counterfeit, altered, or falsely made document to satisfy a re23 quirement of this title;

24 (C) use, provide, or attempt to use or provide, a document lawfully

25 issued to a person other than the possessor (including a deceased indi26 vidual), to satisfy a requirement of this title; or

27 (D) accept, receive, or provide a document lawfully issued to a per28 son other than the possessor (including a deceased individual), to com29 ply with section 11103 of this title.

30 (2) This subsection does not apply to subchapter I of chapter 5, sub31 chapters I, III, and IV of chapter 131, chapters 133–137, and section

32 13902 of this title.

33 (c) AUTHORITY IN CONDUCTING INVESTIGATIONS AND HEARINGS.—(1)

34 In conducting an investigation or hearing under this section—

35 (A) an immigration officer or administrative law judge shall have

36 reasonable access to examine evidence of a person being investigated;

37 and

38 (B) an administrative law judge may subpena, if necessary, the at39 tendance of witnesses and the production of evidence at any designated

40 place.
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1 (2) If a person disobeys a subpena issued under this subsection, an ap2 propriate district court of the United States, on application by the Attorney

3 General, may issue an order to comply with the subpena. The court may

4 punish a failure to comply with the order of the court as a contempt of

5 court.

6 (d) HEARINGS.—(1) The Attorney General may issue an order referred

7 to in subsection (e) of this section against a person for violating subsection

8 (b) of this section only after notice and an opportunity for a hearing. A

9 hearing must be requested within a reasonable time (established by the At10 torney General, but at least 30 days) after the date of the notice.

11 (2) If a timely request for a hearing is not made, the Attorney General

12 may issue an order referred to in subsection (e) of this section without a

13 hearing.

14 (3) If a timely request for a hearing is made, the hearing shall be con15 ducted by an administrative law judge as provided by section 554 of title

16 5 at the nearest practicable place to the place where the person resides or

17 the alleged violation occurred. If the judge finds by a preponderance of the

18 evidence that the person has violated subsection (b) of this section, the

19 judge shall—

20 (A) state findings of fact; and

21 (B) issue and have served on the person an order referred to in sub22 section (e) of this section.

23 (e) CEASE AND DESIST ORDERS.—(1) For a violation of subsection (b)

24 of this section, an order issued under this section shall require the person

25 to cease and desist from the violation and to pay a civil penalty of—

26 (A) at least $250, but not more than $2,000, for each document

27 used, accepted, or created and each time a document is used, accepted,

28 or created; or

29 (B) at least $2,000, but not more than $5,000, for each document

30 used, accepted, or created and each time a document is used, accepted,

31 or created, if the person previously was subject to an order under this

32 subsection.

33 (2) In applying this subsection, if an entity is composed of distinct, phys34 ically separate subdivisions each of which provides separately for the hiring,

35 recruiting, or referring for employment, without reference to the practices

36 of, and not under control of or common control with, another subdivision,

37 each subdivision is deemed a separate entity.

38 (f) FINALITY OF DECISIONS AND ORDERS.—The decision and order of an

39 administrative law judge under this section becomes the final decision and

40 order of the Attorney General unless the Attorney General changes or va-
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1 cates the decision and order within 30 days after the date of the decision

2 and order.

3 (g) JUDICIAL REVIEW.—(1) Except as provided by paragraph (2) of this

4 subsection, a person adversely affected by a final order under this section

5 may file a petition for review of the order in the court of appeals for the

6 appropriate circuit within 45 days after the date the final order is issued.

7 (2) An order of the Attorney General issued without a hearing as pro8 vided by subsection (d)(2) of this section is not appealable.

9 (h) ENFORCEMENT OF ORDER.—If a person does not comply with a final

10 order issued under this section, the Attorney General shall bring a civil ac11 tion in an appropriate district court of the United States to seek compliance

12 with the order. The validity and appropriateness of the order may not be

13 reviewed in the action.

14 (i) INVESTIGATIVE, PROTECTIVE, AND INTELLIGENCE ACTIVITIES NOT

15 PROHIBITED.—This section does not prohibit—

16 (1) any lawfully authorized investigative, protective, or intelligence

17 activity of a law enforcement agency of the United States, a State, or

18 a subdivision of a State or of an intelligence agency of the United

19 States; or

20 (2) any activity authorized under chapter 224 of title 18.

21 (j) CONSTRUCTION.—This section does not affect a penalty that may be

22 imposed for an activity prohibited under both this section and title 18.

23 § 10126. Clearing vessels and aircraft

24 (a) CLEARANCE BEFORE DECISION ON LIABILITY.—A vessel or aircraft

25 may be granted clearance before a decision on liability is made under sec26 tion 10112–10117, 10119, 10120, 10123, or 10124 of this title only if a

27 bond approved by the Attorney General or an amount sufficient to pay the

28 civil penalty is deposited.

29 (b) PROHIBITION ON CLEARANCE WHEN PENALTY UNPAID.—A vessel or

30 aircraft may not be granted clearance if a civil penalty imposed under sec31 tion 10112–10117, 10119, 10120, 10123, or 10124 of this title is not paid.

32 SUBCHAPTER III—CRIMINAL PENALTIES

33 § 10141. Violating period of conditional landing permit

34 An alien crewmember willfully remaining in the United States after the

35 period allowed by a conditional permit granted under section 2703(b) of this

36 title shall be fined under title 18, imprisoned for not more than 6 months,

37 or both.

38 § 10142. Failure to register and be fingerprinted

39 An alien required to apply for registration and to be fingerprinted in the

40 United States and willfully failing to apply or to be fingerprinted, and a

41 parent or legal guardian required to apply for the registration of an alien
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1 and willfully failing to apply, shall be fined under title 18, imprisoned for

2 not more than 6 months, or both.

3 § 10143. Failure to carry a certificate of alien registration or

4 alien registration receipt card

5 An alien violating section 8103(b) of this title shall be fined under title

6 18, imprisoned for not more than 30 days, or both.

7 § 10144. Failure to provide addresses

8 An individual violating section 8104 of this title shall be fined under title

9 18, imprisoned for not more than 30 days, or both.

10 § 10145. False and fraudulent registration

11 An alien, or a parent or legal guardian of an alien, who files an applica12 tion for registration knowing that the application contains a false statement,

13 or who registers or attempts to register himself, herself, or another individ14 ual through fraud, shall be fined under title 18, imprisoned for not more

15 than 6 months, or both.

16 § 10146. Counterfeiting alien registration documents

17 A person that with unlawful intent makes an engraving, photograph,

18 print, impression, or imitation of a certificate of alien registration or an

19 alien registration receipt card, except when authorized under regulations

20 prescribed by the Attorney General, shall be fined under title 18, imprisoned

21 for not more than 5 years, or both.

22 § 10147. Bringing in and harboring aliens

23 (a) CRIMINAL PENALTIES.—(1)(A) A person shall be fined under title 18,

24 imprisoned for not more than 5 years, or both, if the person—

25 (i) knowing an individual is an alien, brings or attempts to bring the

26 individual to the United States at a place not designated as a port of

27 entry or not designated by the Attorney General, even if the alien has

28 received prior authorization to come to, enter, or reside in the United

29 States, and regardless of any future official action that may be taken

30 with respect to the alien;

31 (ii) knowing, or in reckless disregard of whether, an alien has come

32 to, has entered, or remains in the United States in violation of law,

33 transports or moves, or attempts to transport or move, the alien within

34 the United States in furtherance of that violation;

35 (iii) knowing, or in reckless disregard of whether, an alien has come

36 to, has entered, or remains in the United States in violation of law,

37 conceals, harbors, or shields from detection, or attempts to conceal,

38 harbor, or shield from detection, the alien; or

39 (iv) encourages or induces an alien to come to, enter, or reside in

40 the United States, knowing, or in reckless disregard of whether, the

41 coming, entering, or residing is unlawful.
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1 (B) A separate violation occurs under paragraph (1) of this subsection

2 for each alien involved in a violation.

3 (2) A person that, knowing, or in reckless disregard of whether, an alien

4 has not received prior authorization to come to, enter, or reside in the Unit5 ed States (regardless of any future official action that may be taken with

6 respect to the alien), brings or attempts to bring the alien to the United

7 States shall be fined under title 18, imprisoned for not more than one year,

8 or both, for each transaction violating this paragraph without regard to the

9 number of aliens involved. However, the person shall be fined under title

10 18, imprisoned for not more than 5 years, or both, if the violation is—

11 (A) a subsequent violation;

12 (B) done for commercial advantage or private financial gain; or

13 (C) one in which the alien is not brought and presented to an immi14 gration officer at a designated port of entry immediately on arrival.

15 (b) SEIZURE AND FORFEITURE OF CONVEYANCE.—(1) A conveyance

16 used in violating subsection (a) of this section shall be seized and may be

17 forfeited. However, a conveyance—

18 (A) used by a person as a common carrier in carrying out common

19 carrier business may be forfeited only if the owner or person in charge

20 of the conveyance consented to, or was privy to, the violation; and

21 (B) may not be forfeited if the owner establishes that another person

22 committed the violation when the conveyance was in the possession of

23 another person in violation of the criminal laws of the United States

24 or of a State.

25 (2) A conveyance may be seized under this section without a warrant if

26 there is probable cause to believe it has been or is being used in violating

27 subsection (a) of this section and circumstances exist in which a warrant

28 is not required constitutionally.

29 (c) DISPOSITION OF FORFEITED CONVEYANCE.—When a conveyance is

30 forfeited under this section, the Attorney General may—

31 (1) keep the conveyance for official use;

32 (2) sell the conveyance and shall use the proceeds to pay the ex33 penses of the proceedings for forfeiture and sale, including seizure,

34 maintenance of custody, advertising, and court costs;

35 (3) require the Administrator of General Services, or the Adminis36 trator of the Maritime Administration if appropriate under section

37 203(i) of the Federal Property and Administrative Services Act of

38 1949 (40 U.S.C. 484(i)), to take custody of the conveyance and dispose

39 of it under law; or

40 (4) dispose of the conveyance under a compromise made by the At41 torney General.
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1 (d) PROOF IN FORFEITURE ACTION.—In a civil action brought to forfeit

2 a conveyance seized under this section, a person claiming the conveyance

3 has the burden of proof. However, the Attorney General first must show

4 probable cause in bringing the action. In deciding whether probable cause

5 exists, each of the following is prima facie evidence that an alien involved

6 in an alleged violation had not received prior authorization to come to,

7 enter, or reside in the United States or had come to, entered, or remained

8 in the United States unlawfully:

9 (1) a record of a judicial or administrative proceeding in which the

10 alien’s status was an issue and in which it was decided that the alien

11 had not received prior authorization to come to, enter, or reside in the

12 United States or had come to, entered, or remained in the United

13 States unlawfully.

14 (2) official records of the Immigration and Naturalization Service or

15 the Department of State showing that the alien had not received prior

16 authorization to come to, enter, or reside in the United States or had

17 come to, entered, or remained in the United States unlawfully.

18 (3) testimony by an immigration officer, having personal knowledge

19 about the alien’s status, that the alien had not received prior authoriza20 tion to come to, enter, or reside in the United States or had come to,

21 entered, or remained in the United States unlawfully.

22 (e) APPLICATION OF LAWS RELATED TO SEIZURES AND FORFEITURES

23 FOR VIOLATING CUSTOMS LAWS.—Laws related to the seizure, forfeiture,

24 and condemnation of property for violating the customs laws, disposition of

25 the property or the proceeds of sale of the property, compromise of the for26 feiture or a related claim, and award of compensation to an informer be27 cause of the forfeiture apply to a seizure or forfeiture under this section

28 if not inconsistent with this section. However, duties and powers of persons

29 in seizing and forfeiting property under the customs laws shall be carried

30 out by persons the Attorney General authorizes to conduct a seizure or for31 feiture under this section.

32 (f) INDIVIDUALS AUTHORIZED TO MAKE ARRESTS.—Only officers and

33 employees of the Service designated by the Attorney General, individually

34 or by class, and other officers and employees who enforce criminal laws,

35 may make arrests for a violation of this section.

36 § 10148. Improper entry of aliens

37 (a) CRIMINAL OFFENSES.—An alien shall be punished as provided by

38 subsection (b) of this section if the alien—

39 (1) enters or attempts to enter the United States—

40 (A) at a time or place not designated by an immigration officer;

41 or
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1 (B) by a willfully false or misleading representation or the will2 ful concealment of a material fact; or

3 (2) eludes inspection or examination by an immigration officer.

4 (b) CRIMINAL PENALTIES.—An alien violating subsection (a) of this sec5 tion shall be—

6 (1) fined under title 18, imprisoned for not more than 6 months, or

7 both, for a first violation; and

8 (2) fined under title 18, imprisoned for not more than 2 years, or

9 both, for a subsequent violation.

10 (c) VENUE.—A proceeding under this section may be brought in any judi11 cial district in which the violation occurs or in which the alien is appre12 hended.

13 § 10149. Reentry of deported aliens

14 (a) CRIMINAL PENALTY.—(1) Except as otherwise provided by this sec15 tion, an alien who has been arrested and deported or excluded and deported

16 and then enters, attempts to enter, or is found in the United States shall

17 be fined under title 18, imprisoned for not more than 2 years, or both.

18 (2) If the alien’s deportation followed conviction of a felony (except an

19 aggravated felony) and the alien enters, attempts to enter, or is found in

20 the United States after November 17, 1988, the alien shall be fined under

21 title 18, imprisoned for not more than 5 years, or both.

22 (3) If the alien’s deportation followed conviction of an aggravated felony

23 and the alien enters, attempts to enter, or is found in the United States

24 after November 17, 1988, the alien shall be fined under title 18, imprisoned

25 for not more than 15 years, or both.

26 (b) NONAPPLICATION.—Subsection (a) of this section does not apply to

27 an alien—

28 (1) when the Attorney General specifically consents to the alien’s

29 reapplying for admission before the alien—

30 (A) reboards at a place outside the United States; or

31 (B) applies for admission from a foreign territory contiguous to

32 the United States; or

33 (2) previously excluded and deported who establishes that prior con34 sent by the Attorney General is not required under this title or other

35 prior law.

36 (c) VENUE.—A proceeding under this section may be brought in any judi37 cial district in which the violation occurs or in which the alien is appre38 hended.
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1 § 10150. Assisting certain excludable aliens to enter the

2 United States

3 A person knowingly assisting or conspiring to assist an alien to enter the

4 United States shall be fined under title 18, imprisoned for not more than

5 10 years, or both, if—

6 (1)(A) the alien is excludable under section 6307(a)(1)–(5) and (7)

7 of this title because of an aggravated felony; and

8 (B) the assistance occurred after November 17, 1988; or

9 (2) the alien is excludable under section 6308 of this title.

10 § 10151. Importing aliens for immoral purposes

11 (a) CRIMINAL PENALTY.—A person shall be fined under title 18, impris12 oned for not more than 10 years, or both, if the person—

13 (1) imports or attempts to import an alien into the United States

14 for prostitution or another immoral purpose; or

15 (2) holds, attempts to hold, maintains, controls, supports, employs,

16 or harbors an alien in furthering an importation violating clause (1)

17 of this subsection.

18 (b) VENUE.—A proceeding under this section may be brought in any judi19 cial district into which the alien is brought in violation of this section or

20 in which a violation of this section occurs.

21 (c) TESTIMONY OF SPOUSE.—Testimony of a spouse is admissible and is

22 competent evidence in a proceeding under this section.

23 § 10152. Violation of supervision pending deportation

24 An alien willfully violating a requirement imposed under section 6536(d)

25 of this title, including giving false information in response to such a require26 ment, shall be fined under title 18, imprisoned for not more than one year,

27 or both.

28 § 10153. Willful failure to leave the United States

29 (a) CRIMINAL PENALTY.—An alien against whom the Attorney General

30 has issued a final order of deportation because of any ground described by

31 sections 6506–6509 of this title shall be fined under title 18, imprisoned

32 for not more than 10 years, or both, if the alien—

33 (1) willfully does not—

34 (A) leave the United States within the 6-month period that be35 gins on the latest of—

36 (i) the date of the Attorney General’s final order;

37 (ii) if judicial review occurs, the date of the court’s final

38 order; or

39 (iii) if section 6536(f) of this title applies, the date on

40 which the Attorney General decides that the alien has reen41 tered the United States unlawfully;
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1 (B) apply timely in good faith for a document the alien needs

2 to leave the United States; or

3 (C) appear for deportation at the time and place the Attorney

4 General requires under the order of deportation; or

5 (2) takes an action to prevent or hamper, or conspire to prevent or

6 hamper, the alien from leaving the United States under the deportation

7 order.

8 (b) ATTEMPTED RELIEF NOT PROHIBITED.—Subsection (a) of this sec9 tion does not prohibit an alien from trying to obtain—

10 (1) a cancellation of the deportation order;

11 (2) an exemption from the deportation order; or

12 (3) a release from incarceration or custody.

13 (c) SUSPENSION OF SENTENCE AND RELEASE.—(1) For good cause, the

14 court sentencing an alien convicted of violating subsection (a) of this section

15 may suspend the sentence and order the alien released on conditions the

16 court prescribes.

17 (2) In deciding whether good cause exists for releasing an alien under

18 paragraph (1) of this subsection, the court shall consider factors such as—

19 (A) the age, health, and period of detention of the alien;

20 (B) the effect of the alien’s release on the security of the United

21 States and public peace or safety;

22 (C) the likelihood that the alien will resume or follow a course of

23 conduct that made or would make the alien deportable;

24 (D) efforts the alien or a representative of a country to which the

25 alien is ordered deported makes to expedite the alien’s leaving the

26 United States;

27 (E) the reason why the United States Government cannot obtain a

28 passport or other travel document or deportation facilities from a coun29 try to which the alien is ordered deported; and

30 (F) the eligibility of the alien for discretionary release under the im31 migration laws.

32 § 10154. Marriage to evade immigration laws

33 (a) CRIMINAL PENALTY.—An individual who knowingly marries to evade

34 the immigration laws shall be fined under title 18, imprisoned for not more

35 than 5 years, or both.

36 (b) VENUE.—A proceeding under this section may be brought in any judi37 cial district in which the violation occurs or in which the individual is appre38 hended.
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1 § 10155. Misrepresentations in applications for change of

2 status

3 An individual knowingly and willfully making a material misrepresenta4 tion in an application or supporting document filed under section 9303 of

5 this title, or making or using a false document in connection with the appli6 cation, shall be fined under title 18, imprisoned for not more than 5 years,

7 or both.

8 § 10156. Disclosing confidential information in applications

9 An individual violating section 9308(b) of this title shall be fined under

10 title 18, imprisoned for not more than 5 years, or both.

11 § 10157. Establishing a commercial enterprise to evade im12 migration laws

13 (a) CRIMINAL PENALTY.—An individual who knowingly establishes a

14 commercial enterprise to evade the immigration laws shall be fined under

15 title 18, imprisoned for not more than 5 years, or both.

16 (b) VENUE.—A proceeding under this section may be brought in any judi17 cial district in which the violation occurs or in which the individual is appre18 hended.

19 SUBTITLE III—UNLAWFUL EMPLOYMENT

20 PRACTICES

CHAPTER Sec.

111. UNLAWFUL EMPLOYMENT OF ALIENS ................................................ 11101

113. IMMIGRATION-RELATED UNFAIR EMPLOYMENT PRACTICES ....... 11301

21 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.

11108. Conspicuous statement requirement.

11109. Preemption of State and local law.

22 § 11101. Definitions

23 In this chapter—

24 (1) ‘‘person’’, in addition to its meaning under section 1 of title 1,

25 includes a governmental authority.

26 (2) ‘‘unauthorized alien’’ means, with respect to employment at a

27 particular time, an alien who is not at that time—

28 (A) lawfully admitted for permanent residence; or

29 (B) authorized to be employed in that employment by this title

30 or by the Attorney General.

31 § 11102. Employment of unauthorized aliens

32 (a) PROHIBITIONS.—(1) A person—
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1 (A) may not hire, or recruit or refer for a fee, for employment in

2 the United States an alien knowing the alien is an unauthorized alien;

3 (B) may not hire for employment in the United States an individual

4 without complying with section 11103 of this title; or

5 (C) if the person is an agricultural association, agricultural em6 ployer, or farm labor contractor (as defined by section 3 of the Migrant

7 and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1802)),

8 may not recruit or refer for a fee for employment in the United States

9 an individual without complying with section 11103 of this title.

10 (2) A person may not continue to employ in the United States an alien

11 knowing the alien is an unauthorized alien.

12 (b) USE OF LABOR THROUGH CONTRACT.—A person violates subsection

13 (a)(1)(A) of this section if the person uses a contract or exchange that is

14 made, renegotiated, or extended after November 6, 1986, to obtain the labor

15 of an alien in the United States, knowing the alien is an unauthorized alien.

16 (c) DEFENSE.—Good faith compliance with section 11103 of this title is

17 an affirmative defense under subsection (a)(1)(A) of this section.

18 (d) STATE EMPLOYMENT AGENCY DOCUMENTATION.—For purposes of

19 subsections (a)(1)(B) and (C) and (c) of this section, a person hiring an

20 individual referred by a State employment agency (as defined by the Attor21 ney General) is deemed to have complied with section 11103 of this title

22 if the person has and retains (for the period and in the way described by

23 section 11103(c)) appropriate documentation of the referral certifying that

24 the agency complied with section 11103 for that individual.

25 (e) NONAPPLICATION.—(1) Subsection (a)(1) of this section does not

26 apply to hiring, recruiting, or referring that occurred before November 6,

27 1986.

28 (2) Subsection (a)(2) of this section does not apply to continuing employ29 ment of an alien hired before November 6, 1986.

30 (f) TEMPORARY PROVISIONS.—(1) The Attorney General may not con31 duct a proceeding or issue an order under this chapter for a violation al32 leged to have occurred during the period from December 1, 1986, through

33 May 31, 1987.

34 (2) If the Attorney General has reason to believe that a person has com35 mitted a first violation of this section during the period from June 1, 1987,

36 through May 31, 1988, the Attorney General—

37 (A) shall issue a citation to the person; and

38 (B) may not conduct a proceeding or issue an order for the violation.

39 (3) In applying paragraphs (1) and (2) of this subsection when an alien

40 is deemed to be employed in the United States under this chapter as pro41 vided by section 8704 of title 46—
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1 (A) in paragraph (1), substitute ‘‘August 1, 1988, through January

2 31, 1989’’ for ‘‘December 1, 1986, through May 31, 1987’’; and

3 (B) in paragraph (2), substitute ‘‘February 1, 1989, through Janu4 ary 31, 1990’’ for ‘‘June 1, 1987, through May 31, 1988’’.

5 § 11103. Employment verification system

6 (a) ATTESTATION AFTER EXAMINING DOCUMENTS.—(1) A person hiring,

7 or recruiting or referring for a fee, an individual for employment in the

8 United States must attest, under penalty of perjury and on a form pre9 scribed by the Attorney General, that the person has verified that the indi10 vidual is not an unauthorized alien by examining—

11 (A) a document specified in paragraph (3) of this subsection; or

12 (B)(i) a document specified in paragraph (4) of this subsection; and

13 (ii) a document specified in paragraph (5) of this subsection.

14 (2) A person has examined a document as required by paragraph (1) of

15 this subsection if the person has found that the document reasonably ap16 pears on its face to be genuine. The person is not required to request, and

17 the individual is not required to provide, another document if the individual

18 has provided a document or combination of documents complying with para19 graph (1) that reasonably appear on their face to be genuine.

20 (3) A document required under paragraph (1)(A) of this subsection is an

21 individual’s—

22 (A) United States passport;

23 (B) certificate of United States citizenship;

24 (C) certificate of naturalization;

25 (D) unexpired foreign passport, if the passport has an appropriate,

26 unexpired endorsement of the Attorney General authorizing the individ27 ual’s employment in the United States; or

28 (E) resident alien card or other alien registration card, if the card—

29 (i) contains the individual’s photograph or other identifying in30 formation the Attorney General prescribes by regulation as accept31 able; and

32 (ii) is evidence of authorization of employment in the United

33 States.

34 (4) A document required under paragraph (1)(B)(i) of this subsection is

35 an individual’s—

36 (A) social security account number card (unless it states on its face

37 that issuance of the card does not authorize employment in the United

38 States);

39 (B) certificate of birth in the United States or establishing United

40 States nationality at birth, if the certificate is acceptable under regula41 tions prescribed by the Attorney General; or
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1 (C) other documentation providing authorization of employment in

2 the United States that the Attorney General prescribes by regulation

3 as acceptable.

4 (5) A document required under paragraph (1)(B)(ii) of this subsection is

5 an individual’s—

6 (A) driver’s license or similar document issued for identification by

7 a State, if it contains the individual’s photograph or other identifying

8 information the Attorney General prescribes by regulation as accept9 able; or

10 (B) for an individual less than 16 years of age or in a State that

11 does not issue an identification document other than a driver’s license,

12 documentation of personal identity that the Attorney General pre13 scribes by regulation as providing a reliable means of identification.

14 (b) INDIVIDUAL ATTESTATION OF EMPLOYMENT AUTHORIZATION.—The

15 individual must attest, under penalty of perjury and on the form prescribed

16 under subsection (a) of this section, that the individual is—

17 (1) a national of the United States;

18 (2) an alien lawfully admitted for permanent residence; or

19 (3) an alien authorized by this title or by the Attorney General to

20 be hired, recruited, or referred for the employment.

21 (c) RETENTION OF VERIFICATION FORM.—After the form is completed

22 as provided by subsections (a) and (b) of this section, the person must re23 tain the form and make it available for inspection by officers and employees

24 of the Immigration and Naturalization Service, the Special Counsel for Im25 migration-Related Unfair Employment Practices, and the Secretary of

26 Labor during a period beginning on the date of the hiring, recruiting, or

27 referral and ending—

28 (1) if the individual is recruited or referred for a fee but not hired,

29 3 years after the date of the recruiting or referral; or

30 (2) if the individual is hired, 3 years after the date of hire or one

31 year after the date the employment ends, whichever is later.

32 (d) COPYING DOCUMENTATION.—A person may copy a document pre33 sented by an individual under this section and retain the copy, but only (ex34 cept as otherwise permitted by law) to comply with this section.

35 (e) LIMITATION ON USE OF FORMS.—A form completed under this sec36 tion, and information contained in or appended to the form, may be used

37 only to enforce this title and sections 1001, 1028, 1546, and 1621 of title

38 18.

39 (f) NATIONAL IDENTIFICATION CARD NOT AUTHORIZED.—This chapter

40 does not authorize the establishment, issuance, or use of a national identi41 fication card.
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1 § 11104. Evaluating and changing employment verification

2 system

3 (a) DEFINITION.—In this section, ‘‘major change’’ means a change that

4 would—

5 (1) require an individual to present a new card or other document

6 (designed specifically to verify employment eligibility) at the time of

7 hiring, recruitment, or referral;

8 (2) provide for a telephone verification system under which—

9 (A) an employer, recruiter, or referrer must give an officer or

10 employee of the United States Government information about the

11 immigration status of a prospective employee; and

12 (B) the officer or employee of the Government gives the em13 ployer, recruiter, or referrer a verification code that the employer,

14 recruiter, or referrer must record; or

15 (3) require a change in a card used for accounting under the Social

16 Security Act (42 U.S.C. 301 et seq.), including a change requiring that

17 the only social security account number card that may be presented to

18 comply with section 11103(a)(4)(A) of this title is a card in a counter19 feit-resistant form consistent with section 205(c)(2)(F)(last sentence)

20 of the Social Security Act (42 U.S.C. 405(c)(2)(F)(last sentence)).

21 (b) PRESIDENTIAL MONITORING AND IMPROVEMENTS.—(1) The Presi22 dent shall—

23 (A) provide for monitoring and evaluating the degree to which the

24 employment verification system under section 11103 of this title pro25 vides a secure system to verify employment eligibility in the United

26 States; and

27 (B) examine the suitability of using existing Government and State

28 identification systems to verify employment eligibility in the United

29 States.

30 (2) To the extent the President finds the system is not a secure system

31 to verify employment eligibility in the United States, the President shall

32 make changes in and additions to the system necessary to establish a secure

33 system to verify employment eligibility in the United States—

34 (A) subject to subsections (c)–(f) of this section; and

35 (B) after considering the results of any demonstration project con36 ducted under subsection (g) of this section.

37 (c) CHANGE REQUIREMENTS.—A change proposed by the President

38 under subsection (b) of this section must be designed so that the system,

39 as changed, will meet the following requirements:

40 (1) The system must be able to verify reliably whether—
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1 (A) an individual with the identity claimed by an employee or

2 prospective employee is eligible to work; and

3 (B) the employee or prospective employee is claiming the iden4 tity of another individual.

5 (2) If the system requires that a document be presented to or exam6 ined by an employer, the document must be in a form resistant to

7 counterfeiting and tampering.

8 (3) Personal information used by the system may be made available

9 only to the extent necessary to verify that an individual is not an unau10 thorized alien.

11 (4) The system must protect the privacy and security of personal in12 formation and identifiers used in the system.

13 (5) A verification that an individual is eligible to be employed in the

14 United States may be withheld or revoked only if the individual is an

15 unauthorized alien.

16 (6) The system may not be used for law enforcement, except to en17 force this title and sections 1001, 1028, 1546, and 1621 of title 18.

18 (7) If the system requires an individual to present a new card or

19 other document (designed specifically to verify employment eligibility)

20 at the time of hiring, recruitment, or referral, the document may not

21 be required to be presented for another purpose (except under this title

22 or for enforcement of sections 1001, 1028, 1546, and 1621 of title 18)

23 or to be carried on the individual.

24 (d) NOTICES TO CONGRESS BEFORE MAKING CHANGES.—(1) Before car25 rying out a change, the President must submit a written report of the pro26 posed change to the Committees on the Judiciary of the Senate and the

27 House of Representatives. If the President proposes a change affecting so28 cial security account number cards, the President also shall submit the re29 port to the Committee on Finance of the Senate and the Committee on

30 Ways and Means of the House of Representatives. A report under this para31 graph shall include recommendations for civil and criminal penalties for un32 authorized use or disclosure of the information or identifiers used in the sys33 tem. The report shall be submitted at least—

34 (A) 60 days before the date the change is to be carried out if the

35 change is not a major change;

36 (B) one year before the date the change is to be carried out if the

37 change is a major change as defined by subsection (a)(3) of this sec38 tion; or

39 (C) 2 years before the date the change is to be carried out if the

40 change is a major change as defined by subsection (a)(1) or (2) of this

41 section.
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1 (2) The President shall publish promptly in the Federal Register the sub2 stance of a major change reported to Congress under this subsection.

3 (e) CONGRESSIONAL REVIEW OF MAJOR CHANGES.—(1) The Committees

4 on the Judiciary of the Senate and the House of Representatives shall—

5 (A) publish in the Congressional Record the substance of a major

6 change submitted by the President under subsection (d) of this section;

7 (B) hold hearings on the feasibility and desirability of the change;

8 and

9 (C) within the 2-year period before the change is to be carried out,

10 report to their respective Houses findings on whether the change

11 should be made.

12 (2) A major change may be carried out only if an amount is appropriated

13 by law specifically to carry out the change.

14 (f) PAYMENT OF COSTS.—Costs incurred under this section in developing

15 and carrying out a change described by subsection (a)(3) of this section may

16 not be paid out of a trust fund established under the Social Security Act

17 (42 U.S.C. 301 et seq.).

18 (g) DEMONSTRATION PROJECTS.—The President may undertake dem19 onstration projects consistent with subsection (c) of this section of different

20 changes in the system. A project may not be for more than 3 years. The

21 President shall report to Congress on the results of each project conducted

22 under this subsection.

23 § 11105. Compliance

24 (a) COMPLAINTS AND INVESTIGATIONS.—The Attorney General shall es25 tablish procedures for—

26 (1) a person to file a written, signed complaint of a violation of sec27 tion 11102 or 11107(a) of this title;

28 (2) investigating a complaint that, on its face, has a substantial

29 probability of validity;

30 (3) investigating other violations of section 11102 or 11107(a) of

31 this title that the Attorney General considers appropriate; and

32 (4) designating a unit in the Immigration and Naturalization Service

33 that has, as its primary duty, the prosecution under this section of vio34 lations of section 11102 or 11107(a) of this title.

35 (b) AUTHORITY IN CONDUCTING INVESTIGATIONS AND HEARINGS.—(1)

36 In conducting an investigation or hearing under this section—

37 (A) the immigration officer or administrative law judge conducting

38 the investigation or hearing shall have reasonable access to examine

39 evidence of a person being investigated; and
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1 (B) the administrative law judge may subpena, if necessary, the at2 tendance of witnesses and the production of evidence at any designated

3 place.

4 (2) If a person disobeys a subpena issued under this subsection, an ap5 propriate district court of the United States, on application by the Attorney

6 General, may issue an order to comply with the subpena. The court may

7 punish a failure to comply with the order of the court as a contempt of

8 court.

9 (c) HEARINGS.—(1) The Attorney General may issue an order referred

10 to in subsections (d)–(f) of this section against a person for violating section

11 11102 or 11107(a) of this title only after notice and an opportunity for a

12 hearing. A hearing must be requested within a reasonable time (established

13 by the Attorney General, but at least 30 days) after the date of the notice.

14 (2) If a timely request for a hearing is not made, the Attorney General

15 may issue an order referred to in subsections (d)–(f) of this section without

16 a hearing.

17 (3) If a timely request for a hearing is made, the hearing shall be con18 ducted by an administrative law judge as provided by section 554 of title

19 5 at the nearest practicable place to the place where the person resides or

20 the alleged violation occurred. If the judge finds by a preponderance of the

21 evidence that the person has violated section 11102 or 11107(a) of this title,

22 the judge shall—

23 (A) state findings of fact; and

24 (B) issue and have served on the person an order referred to in sub25 sections (d)–(f) of this section.

26 (d) ORDERS INVOLVING HIRING, RECRUITING, AND REFERRAL VIOLA27 TIONS.—(1) For a violation of section 11102(a)(1)(A) or (2) of this title,

28 an order issued under this section—

29 (A) shall require the person to cease and desist from the violation

30 and to pay a civil penalty of—

31 (i) at least $250, but not more than $2,000, for each unauthor32 ized alien involved in the violation;

33 (ii) at least $2,000, but not more than $5,000, for each unau34 thorized alien involved in the violation if the person previously was

35 subject to one order under this subsection; or

36 (iii) at least $3,000, but not more than $10,000, for each unau37 thorized alien involved in the violation if the person previously was

38 subject to more than one order under this subsection; and

39 (B) may require the person—
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1 (i) to comply for not more than 3 years with section 11103 of

2 this title or, if applicable, with section 11104 of this title, for indi3 viduals hired or recruited or referred for a fee; and

4 (ii) to take other appropriate remedial action.

5 (2) In applying this subsection, if an entity is composed of distinct, phys6 ically separate subdivisions each of which provides separately for the hiring,

7 recruiting, or referring for employment, without reference to the practices

8 of, and not under control of or common control with, another subdivision,

9 each subdivision is deemed a separate entity.

10 (e) ORDERS INVOLVING PAPERWORK VIOLATIONS.—For a violation of

11 section 11102(a)(1)(B) or (C) of this title, an order issued under this sec12 tion shall require the person to pay a civil penalty of at least $100, but not

13 more than $1,000, for each individual about whom the violation occurred.

14 In deciding on the amount of the penalty, consideration shall be given to—

15 (1) the size of the business of the person;

16 (2) the good faith of the person;

17 (3) the seriousness of the violation;

18 (4) whether the individual was an unauthorized alien; and

19 (5) any history of prior violations.

20 (f) ORDERS INVOLVING INDEMNITY VIOLATIONS.—For a violation of sec21 tion 11107(a) of this title, an order issued under this section may provide

22 for the penalty described by section 11107(b) of this title.

23 (g) FINALITY OF DECISIONS AND ORDERS.—The decision and order of

24 an administrative law judge under this section become 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. The Attorney General may not delegate the Attorney General’s

28 authority under this subsection to a person having review authority over im29 migration-related matters.

30 (h) JUDICIAL REVIEW.—(1) Except as provided by paragraph (2) of this

31 subsection, a person adversely affected by a final order imposing a civil pen32 alty under this section may file a petition for review of the order in the

33 court of appeals for the appropriate circuit within 45 days after the date

34 the final order is issued.

35 (2) An order of the Attorney General issued without a hearing as pro36 vided by subsection (c)(2) of this section is not appealable.

37 (i) ENFORCEMENT OF ORDERS.—If a person does not comply with a final

38 order issued under this section, the Attorney General shall bring a civil ac39 tion in an appropriate district court of the United States to seek compliance

40 with the order. The validity and appropriateness of the order may not be

41 reviewed in the action.
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1 § 11106. Criminal penalties and civil actions for pattern or

2 practice violations

3 (a) CRIMINAL PENALTY.—A person engaging in a pattern or practice of

4 violations of section 11102(a)(1)(A) or (2) of this title shall be fined not

5 more than $3,000 for each unauthorized alien involved in a violation (not6 withstanding the provisions of title 18 on the amount of fines), imprisoned

7 for not more than 6 months for the entire pattern or practice, or both.

8 (b) CIVIL ACTIONS.—If the Attorney General has reason to believe that

9 a person is engaged in a pattern or practice of employment, recruitment,

10 or referral in violation of section 11102(a)(1)(A) or (2) of this title, the At11 torney General may bring a civil action in the appropriate district court of

12 the United States for relief the Attorney General considers necessary.

13 § 11107. Indemnity prohibition

14 (a) GENERAL.—A person hiring, recruiting, or referring an individual for

15 employment may not require the individual to post a bond or security, to

16 pay or agree to pay an amount, or to give another financial guarantee or

17 indemnity, against potential liability arising under this chapter related to

18 the hiring, recruiting, or referral.

19 (b) CIVIL PENALTY.—After notice and an opportunity for a hearing

20 under section 11105 of this title, a person found to have violated subsection

21 (a) of this section—

22 (1) is liable to the United States Government for a civil penalty of

23 $1,000; and

24 (2) may be ordered administratively to return any amount received

25 in violation of subsection (a) of this section to the individual or, if the

26 individual cannot be located, to pay that amount to the general fund

27 of the Treasury.

28 § 11108. Conspicuous statement requirement

29 In providing for the documentation or endorsement of authorization for

30 employment in the United States for an alien (except an alien lawfully ad31 mitted for permanent residence), the Attorney General shall provide that a

32 limitation on the period or type of employment or employer be stated con33 spicuously on the documentation or endorsement.

34 § 11109. Preemption of State and local law

35 This chapter preempts State and local law imposing a civil or criminal

36 penalty (except through licensing and similar laws) on a person employing,

37 or recruiting or referring for a fee for employment, an unauthorized alien.

38 CHAPTER 113—IMMIGRATION-RELATED UNFAIR

39 EMPLOYMENT PRACTICES

Sec.

11301. Definitions.

11302. Immigration-related unfair employment practices.
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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.

1 § 11301. Definitions

2 In this chapter—

3 (1) ‘‘protected individual’’—

4 (A) means an individual who is—

5 (i) a national of the United States; or

6 (ii) an alien lawfully admitted for permanent residence,

7 lawfully admitted for temporary residence under section 9302

8 of this title or section 210(a) or 210A(a) of the Immigration

9 and Nationality Act (66 Stat. 163), admitted as a refugee

10 under section 5105 of this title, or granted asylum under sec11 tion 5106 of this title; but

12 (B) does not include an alien who—

13 (i) did not apply for naturalization within 6 months after

14 first becoming eligible (because of a period of lawful perma15 nent residence) to apply, or, if later, before May 7, 1987; or

16 (ii) timely applied but was not naturalized within 2 years

17 after applying (excluding time taken by the Immigration and

18 Naturalization Service in processing the application), unless

19 the alien establishes that the alien is actively pursuing natu20 ralization.

21 (2) ‘‘person’’, in addition to its meaning under section 1 of title 1,

22 includes a governmental authority.

23 § 11302. Immigration-related unfair employment practices

24 (a) IMMIGRATION-RELATED UNFAIR EMPLOYMENT PRACTICES.—It is an

25 immigration-related unfair employment practice for a person—

26 (1) to discriminate against an individual (except an unauthorized

27 alien as defined by section 11101(2) of this title) in hiring, or recruit28 ing or referring for employment for a fee, the individual or discharging

29 the individual from employment because of the individual’s national ori30 gin or, if the individual is a protected individual, because of the individ31 ual’s citizenship status; or

32 (2) after November 28, 1990, to intimidate, threaten, coerce, or re33 taliate against an individual—

34 (A) for the purpose of interfering with a right or privilege under

35 this chapter; or
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1 (B) because the individual intends to file or has filed a charge

2 or complaint or assisted or participated in an investigation or pro3 ceeding under this chapter.

4 (b) CERTAIN DOCUMENT PRACTICES AS BEING UNFAIR.—After Novem5 ber 28, 1990, it is deemed to be an immigration-related unfair employment

6 practice under subsection (a)(1) of this section related to the hiring of an

7 individual, for a person to request, to satisfy the requirements of section

8 11103 of this title, more or different documents than are required under

9 section 11103 or to refuse to honor a document that on its face reasonably

10 appears to be genuine.

11 (c) NONAPPLICATION.—Subsection (a)(1) of this section does not apply

12 to—

13 (1) a person employing fewer than 4 employees;

14 (2) discrimination by a person because of an individual’s national or15 igin if the discrimination by that person against that individual is cov16 ered by section 703 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–

17 2); or

18 (3) discrimination because of citizenship status that is—

19 (A) required to comply with a law, a regulation, or an executive

20 order;

21 (B) required by a contract of the United States Government or

22 a State or local government; or

23 (C) found by the Attorney General to be essential for an em24 ployer to do business with an agency of the Government or a State

25 or local government.

26 (d) PREFERENCE FOR EQUALLY QUALIFIED NATIONALS.—It is not an

27 immigration-related unfair employment practice for a person to hire, recruit,

28 or refer an individual who is a national of the United States instead of an

29 individual who is an alien if both individuals are equally qualified.

30 § 11303. Special Counsel for Immigration-Related Unfair

31 Employment Practices

32 (a) APPOINTMENT.—The President shall appoint, by and with the advice

33 and consent of the Senate, a Special Counsel for Immigration-Related Un34 fair Employment Practices. The Special Counsel serves in the Department

35 of Justice for a term of 4 years. When the position is vacant, the President

36 may designate an officer or employee of the United States Government to

37 act as Special Counsel during the vacancy.

38 (b) DUTIES AND POWERS.—The Special Counsel shall carry out the du39 ties and powers given the Special Counsel under this chapter.

40 (c) DISSEMINATION OF INFORMATION.—(1) In cooperation with the

41 Chairman of the Equal Employment Opportunity Commission, the Secretary
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1 of Labor, and the Administrator of the Small Business Administration, the

2 Special Counsel shall conduct a campaign—

3 (A) to disseminate information on the rights and remedies prescribed

4 under this chapter and title VII of the Civil Rights Act of 1964 (42

5 U.S.C. 2000e et seq.) related to immigration-related unfair employment

6 practices; and

7 (B) to increase the knowledge of employers, employees, and the pub8 lic about employer and employee rights, responsibilities, and remedies

9 under this chapter and title VII.

10 (2) To carry out this subsection, the Special Counsel—

11 (A) to the extent considered appropriate and subject to the availabil12 ity of appropriations, may make contracts with public and private orga13 nizations for outreach activities under the campaign; and

14 (B) shall consult with the Chairman, the Secretary, and the heads

15 of other appropriate departments, agencies, and instrumentalities of

16 the United States Government.

17 (3) Not more than $10,000,000 may be appropriated for each fiscal year

18 to carry out this subsection.

19 (d) COMPENSATION.—The Special Counsel is entitled to a rate of pay

20 that is not more than the rate for GS–17.

21 (e) REGIONAL OFFICES.—Under regulations prescribed by the Attorney

22 General, the Special Counsel shall establish regional offices necessary to

23 carry out the duties and powers of the Special Counsel.

24 § 11304. Filing charges of unfair practices

25 (a) FILING CHARGES.—(1) Except as provided by subsection (c) of this

26 section, a charge of an immigration-related unfair employment practice may

27 be filed with the Special Counsel for Immigration-Related Unfair Employ28 ment Practices by—

29 (A) a person alleging to be adversely affected directly by the practice,

30 or by another person for that person; or

31 (B) an officer of the Immigration and Naturalization Service alleging

32 that the practice has occurred or is occurring.

33 (2) A charge filed under this subsection must be in writing and under

34 oath and contain information the Attorney General requires.

35 (b) SERVICE OF NOTICE OF CHARGES.—The Special Counsel shall serve

36 a notice of a charge filed under subsection (a) of this section (including the

37 date, place, and circumstances of the alleged practice) on the person alleged

38 to have committed the practice. The notice shall be served by certified mail

39 not later than 10 days after the charge is filed.

40 (c) LIMITATIONS ON FILING CHARGES.—A charge of an immigration-re41 lated unfair employment practice involving discrimination because of na-
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1 tional origin may not be filed under this section if a charge of that practice

2 based on the same set of facts has been filed with the Equal Employment

3 Opportunity Commission under title VII of the Civil Rights Act of 1964 (42

4 U.S.C. 2000e et seq.), unless the charge is dismissed as being outside the

5 scope of title VII. A charge about an employment practice may not be filed

6 with the Equal Employment Opportunity Commission under title VII if a

7 charge about that practice based on the same set of facts has been filed

8 under this section, unless the charge is dismissed as being outside the scope

9 of this chapter.

10 § 11305. Investigating charges and filing complaints

11 (a) SPECIAL COUNSEL.—(1) The Special Counsel for Immigration-Relat12 ed Unfair Employment Practices shall investigate each charge filed under

13 section 11304 of this title. Not later than 120 days after the charge has

14 been filed, the Special Counsel shall decide whether there is reasonable

15 cause to believe the charge is true and whether to file a complaint about

16 the charge with an administrative law judge.

17 (2) On the Special Counsel’s own initiative, the Special Counsel may in18 vestigate an immigration-related unfair employment practice and, subject to

19 subsection (c) of this section, file a complaint about the practice with an

20 administrative law judge.

21 (3) Failure to file a complaint within the 120-day period does not prevent

22 the Special Counsel from investigating the charge or filing a complaint with

23 an administrative law judge during the 90-day period referred to in sub24 section (b) of this section.

25 (b) PRIVATE ACTIONS.—Subject to subsection (c) of this section, if a

26 charge alleges knowing and intentional discriminatory activity or a pattern

27 or practice of discriminatory activity, and the Special Counsel does not file

28 a complaint with an administrative law judge within 120 days after the

29 charge is filed with the Special Counsel under subsection (a)(1) of this sec30 tion, the Special Counsel shall notify the person that filed the charge during

31 the 120-day period of the decision not to file a complaint. The person may

32 file a complaint directly with an administrative law judge not later than 90

33 days after receiving the notice.

34 (c) TIME LIMITATION.—A complaint about an immigration-related unfair

35 employment practice may not be filed with an administrative law judge if

36 the practice occurred more than 180 days before the charge about that

37 practice was filed with the Special Counsel. This subsection does not prevent

38 subsequently amending a charge or complaint under section 11306(c)(1) of

39 this title.

40 (d) DISCRIMINATION DEEMED TO HAVE OCCURRED.—An individual in41 timidated, threatened, coerced, or retaliated against in violation of section
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1 11302(a)(2) of this title is deemed to have been discriminated against under

2 this section.

3 § 11306. Hearings on complaints

4 (a) DESIGNATING ADMINISTRATIVE LAW JUDGES.—A hearing on a com5 plaint alleging an immigration-related unfair employment practice shall be

6 conducted by an administrative law judge who—

7 (1) is specially designated by the Attorney General as having special

8 training in employment discrimination; and

9 (2) to the extent possible, conducts hearings only on complaints in10 volving immigration-related unfair employment practices under this

11 chapter.

12 (b) NOTICE OF HEARINGS.—When a complaint alleging an immigration13 related unfair employment practice is filed with an administrative law judge,

14 the judge shall issue and have served on the person named in the complaint

15 a copy of the complaint and a notice of the hearing. The date of the hearing

16 shall be at least 5 days after the complaint is served.

17 (c) PLEADINGS, APPEARANCES, AND PARTIES.—(1) On motion of the

18 party that filed the complaint, the judge may amend the complaint at any

19 time before issuing an order based on the complaint.

20 (2) The person named in the complaint may file an answer to the original

21 or amended complaint, appear in person or otherwise, and present testi22 mony.

23 (3) The person that filed the charge with the Special Counsel for Immi24 gration-Related Unfair Employment Practices is a party to the proceeding

25 before the judge and in any appeal from that proceeding.

26 (4) The judge conducting the hearing may allow any other person to in27 tervene and to present testimony.

28 (d) TRANSCRIPT AND ADDITIONAL TESTIMONY OR ARGUMENT.—A tran29 script shall be prepared of the testimony in the hearing. After the transcript

30 is prepared, the judge, by notice, may provide for further testimony or hear

31 argument.

32 § 11307. Authority in conducting investigations and hear33 ings

34 (a) GENERAL.—In conducting an investigation or hearing under this

35 chapter—

36 (1) the Special Counsel for Immigration-Related Unfair Employment

37 Practices and the administrative law judge conducting the investigation

38 or hearing, under regulations prescribed by the Attorney General, shall

39 have reasonable access to examine evidence of a person being inves40 tigated; and
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1 (2) the administrative law judge may subpena the attendance of wit2 nesses and the production of evidence at any designated place.

3 (b) JUDICIAL ENFORCEMENT OF SUBPENAS.—If a person disobeys a sub4 pena issued under subsection (a)(2) of this section, an appropriate district

5 court of the United States, on application by the administrative law judge,

6 may issue an order to comply with the subpena. The court may punish a

7 failure to comply with the order of the court as a contempt of court.

8 § 11308. Orders of administrative law judges

9 (a) GENERAL.—In a proceeding by an administrative law judge under

10 this chapter, the judge shall issue an order and have the order served on

11 the parties to the proceeding. The order is final unless a petition for review

12 is filed under section 11309 of this title.

13 (b) ORDERS FINDING UNFAIR PRACTICES.—(1) If the administrative law

14 judge finds by a preponderance of the evidence that the person named in

15 the complaint has engaged, or is engaging, in an immigration-related unfair

16 employment practice, the judge shall state findings of fact about the prac17 tice and issue and have served on the person an order requiring the person

18 to cease and desist from the practice.

19 (2) The order also may require the person—

20 (A) to comply with section 11103 of this title for not more than 3

21 years;

22 (B) to retain for not more than 3 years, and only for use as provided

23 under section 11103(e) of this title, the name and address of each indi24 vidual applying (whether in person or in writing) for an existing posi25 tion, or for recruitment or referral for a fee, for employment in the

26 United States;

27 (C) to hire an individual directly and adversely affected, with or

28 without back pay;

29 (D) to pay to the United States Government a civil penalty of—

30 (i) at least $250, but not more than $2,000, for each individual

31 discriminated against;

32 (ii) at least $2,000, but not more than $5,000, for each individ33 ual discriminated against if the person previously was subject to

34 an order under this subsection;

35 (iii) at least $3,000, but not more than $10,000, for each indi36 vidual discriminated against if the person previously was subject

37 to more than one order under this subsection; or

38 (iv) at least $100, but not more than $1,000, for each individ39 ual discriminated against, for an immigration-related unfair em40 ployment practice described by section 11302(b) of this title;
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1 (E) to post notices to employees about their rights under this chap2 ter and the obligations of employers under chapter 111 of this title;

3 (F) to educate all personnel involved in hiring or complying with this

4 chapter and chapter 111 of this title about the requirements of this

5 chapter and chapter 111;

6 (G) to remove, as appropriate, a false performance review or false

7 warning from an employee’s personnel file; and

8 (H) to lift, as appropriate, a restriction on an employee’s assign9 ments, work shifts, or movements.

10 (3) An order of back pay under paragraph (2)(C) of this subsection may

11 not require back pay for more than the 2-year period occurring before the

12 charge was filed with the Special Counsel for Immigration-Related Unfair

13 Employment Practices. Back pay otherwise allowable shall be reduced by

14 amounts earned, or earnable with reasonable diligence, during the period

15 covered by the back pay order. An order may require hiring an individual

16 or paying back pay to an individual only if the individual was refused em17 ployment for discrimination because of national origin or citizenship status.

18 (4) In applying this section, if an entity is composed of distinct, physically

19 separate subdivisions each of which provides separately for the hiring, re20 cruiting, or referring for employment, without reference to the practices of,

21 and not under control of or common control with, another subdivision, each

22 subdivision is deemed a separate entity.

23 (c) DISCRIMINATION DEEMED TO HAVE OCCURRED.—An individual in24 timidated, threatened, coerced, or retaliated against in violation of section

25 11302(a)(2) of this title is deemed to have been discriminated against under

26 this section.

27 (d) ORDERS FINDING NO UNFAIR PRACTICES.—If the administrative law

28 judge finds by a preponderance of the evidence that the person named in

29 the complaint has not engaged, and is not engaging, in an immigration-re30 lated unfair employment practice, the judge shall state findings of fact

31 about such a practice not existing and issue an order dismissing the com32 plaint.

33 § 11309. Judicial review of final orders

34 (a) GENERAL.—A person adversely affected by a final order issued by an

35 administrative law judge under section 11308 of this title may file a petition

36 for review of the order in the court of appeals of the United States for the

37 circuit in which the alleged unfair practice occurred or in which the em38 ployer resides or does business. The petition must be filed within 60 days

39 after the date the final order is issued.

40 (b) EXCLUSIVE JURISDICTION.—When the record of the proceedings is

41 filed with the court, the court has exclusive jurisdiction to review the order.
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1 § 11310. Judicial enforcement of administrative orders

2 (a) CIVIL ACTIONS FOR ENFORCEMENT.—If a petition for review of an

3 order of an administrative law judge under section 11308 of this title is not

4 filed under section 11309 of this title, the Special Counsel for Immigration5 Related Unfair Employment Practices or, if the Special Counsel does not

6 act, the person that filed the charge with the Special Counsel, may bring

7 a civil action to enforce the order. The action must be brought in the dis8 trict court of the United States for the judicial district in which a violation

9 of the order is alleged to have occurred or in which the person against whom

10 the order is directed resides or does business. The order of the administra11 tive law judge may not be reviewed in the action.

12 (b) ENFORCEMENT BY COURT OF APPEALS IN ORIGINAL REVIEW.—If

13 the court of appeals does not reverse an order of an administrative law

14 judge reviewed under section 11309 of this title, the court may issue an

15 order enforcing the order of the judge.

16 § 11311. Attorney fees

17 In a proceeding before an administrative law judge under this chapter,

18 or in a judicial proceeding for review or enforcement of an order of an ad19 ministrative law judge under section 11308 of this chapter, the prevailing

20 party (except the United States Government) may be awarded reasonable

21 attorney fees if the losing party’s argument is without reasonable foundation

22 in law and fact.

23 § 11312. Certain agency authority not affected

24 Except as specifically provided by this chapter, this chapter does not af25 fect the authority of the Equal Employment Opportunity Commission to in26 vestigate allegations of unlawful employment practices.

27 SUBTITLE IV—REFUGEE AND IMMIGRANT

28 PROGRAMS

CHAPTER Sec.

131. REFUGEE COORDINATION AND 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

29 CHAPTER 131—REFUGEE COORDINATION AND

30 ASSISTANCE

SUBCHAPTER I—POLICY COORDINATION

Sec.

13101. United States Coordinator for Refugee Affairs.

13102. Duties of the United States Coordinator for Refugee Affairs.

SUBCHAPTER II—RESETTLEMENT ASSISTANCE

13111. Congressional intent.

13112. Definition.

13113. Office of Refugee Resettlement.
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13114. Initial resettlement assistance programs.

13115. Initial resettlement assistance grants and contracts.

13116. Project grants and contracts for services.

13117. Assistance for refugee children.

13118. Cash and medical assistance.

13119. Administrative.

13120. Annual reports.

13121. Limitations.

13122. Authorization of appropriations.

SUBCHAPTER III—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 IV—CUBAN AND HAITIAN ENTRANTS

13151. Definition.

13152. Presidential authority.

13153. General assistance.

1 SUBCHAPTER I—POLICY COORDINATION

2 § 13101. United States Coordinator for Refugee Affairs

3 The President shall appoint, by and with the advice and consent of the

4 Senate, a United States Coordinator for Refugee Affairs. The Coordinator

5 has the rank of ambassador at large.

6 § 13102. Duties of the United States Coordinator for Refugee

7 Affairs

8 (a) GENERAL AUTHORITY.—The United States Coordinator for Refugee

9 Affairs is responsible—

10 (1) to the President in carrying out this section;

11 (2) for developing overall United States refugee admission and reset12 tlement policy;

13 (3) for coordinating all United States domestic and international ref14 ugee admission and resettlement programs in a way that ensures that

15 policy objectives are met timely;

16 (4) for designing an overall budget strategy to provide individual

17 agencies with policy guidance on refugee matters in preparing their

18 budget requests, and to provide the Director of the Office of Manage19 ment and Budget with an overview of all refugee-related budget re20 quests;

21 (5) for presenting to Congress the President’s overall refugee policy

22 and the relationship of individual agency refugee budgets to the overall

23 policy;

24 (6) for advising the President, the Secretary of State, the Attorney

25 General, and the Secretary of Health and Human Services on the rela-
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1 tionship of overall United States refugee policy to the admission and

2 resettlement of refugees in the United States;

3 (7) for representing the United States Government, under the direc4 tion of the Secretary of State, in discussions and negotiations with gov5 ernments of foreign countries and international organizations on refu6 gee matters and, when appropriate, submitting refugee issues for inclu7 sion in other international negotiations;

8 (8) for developing an effective and responsive liaison between the

9 Government and voluntary organizations, Governors, mayors, and oth10 ers involved in refugee relief and resettlement work to reflect overall

11 Government policy;

12 (9) for recommending to the President and to Congress policies, ob13 jectives, and priorities on Government duties and powers related to ref14 ugee admission and resettlement in the United States; and

15 (10) for reviewing regulations, guidelines, requirements, criteria, and

16 procedures of agencies on carrying out duties and powers related to ref17 ugee admission and resettlement in the United States.

18 (b) CONSULTATION.—In carrying out subsection (a) of this section, the

19 Coordinator shall consult regularly with State governments, political subdivi20 sions, and private nonprofit voluntary organizations on the sponsorship

21 process and the intended distribution of refugees.

22 (c) REPORTS BY SECRETARIES.—The Secretaries of Labor and Education

23 shall provide the Coordinator with regular reports describing the efforts of

24 their respective departments in increasing refugee access to programs within

25 their jurisdictions. The Coordinator shall include information on these pro26 grams in reports submitted under section 13120 of this title.

27 SUBCHAPTER II—RESETTLEMENT ASSISTANCE

28 § 13111. Congressional intent

29 It is the intent of Congress that in providing refugee assistance under

30 this subchapter—

31 (1) employable refugees should be placed in jobs as soon as possible

32 after the refugees arrive in the United States;

33 (2) social service expenditures should be focused on employment-re34 lated services, instruction in English-as-a-second-language (in non-work

35 hours when possible), and case-management services; and

36 (3) local voluntary organization activities should be carried out in

37 close cooperation and advance consultation with State and local govern38 ments.

39 § 13112. Definition

40 In this subchapter, ‘‘refugee’’ includes a spouse or child described by sec41 tion 5105(c) of this title.
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1 § 13113. Office of Refugee Resettlement

2 (a) OFFICE OF REFUGEE RESETTLEMENT.—The Office of Refugee Re3 settlement is an office in the Department of Health and Human Services.

4 (b) DIRECTOR.—The head of the Office is a Director appointed by the

5 Secretary of Health and Human Services.

6 (c) AUTHORITY OF THE DIRECTOR.—In consultation with, and under the

7 general policy guidance of, the United States Coordinator for Refugee Af8 fairs, the Director shall carry out this subchapter (directly or through ar9 rangements with other agencies) except—

10 (1) that the Secretaries of Education, Health and Human Services,

11 and State and the Attorney General may prescribe regulations that

12 each Secretary or the Attorney General considers appropriate to carry

13 out this subchapter; and

14 (2) as otherwise provided by this subchapter.

15 § 13114. Initial resettlement assistance programs

16 (a) EDUCATION AND TRAINING PROGRAMS.—The Director of the Office

17 of Refugee Resettlement may develop programs of orientation, instruction

18 in English, job training, and other education and training of refugees that

19 will assist in their resettlement in the United States. The programs may be

20 carried out by—

21 (1) the Director consistent with this subchapter, for refugees in the

22 United States; and

23 (2) the Secretary of State, for refugees waiting to enter the United

24 States.

25 (b) TEMPORARY CARE PROGRAMS.—In consultation with the United

26 States Coordinator for Refugee Affairs, the Secretary of Health and Human

27 Services may make arrangements (including cooperative arrangements with

28 other agencies) for the temporary care of refugees in the United States in

29 emergency circumstances, including establishing necessary processing cen30 ters. In carrying out this subsection, the Secretary may waive provisions of

31 law (except section 13121(b) of this title) on making, carrying out, and

32 changing contracts and on United States Government expenditures.

33 (c) MEDICAL PROGRAMS.—(1) In consultation with the Coordinator, the

34 Secretary of Health and Human Services shall—

35 (A) ensure that an adequate number of trained personnel are avail36 able at a location at which refugees enter the United States so that

37 all necessary medical records are available and in order;

38 (B) provide for identifying refugees with medical conditions affecting

39 the public health and requiring treatment;
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1 (C) ensure that State and local health officials at a resettlement des2 tination in the United States are notified promptly of the arrival of

3 each refugee and are provided with all applicable medical records; and

4 (D) provide for monitoring refugees referred to in clause (B) of this

5 paragraph to ensure that the refugees receive appropriate and timely

6 treatment.

7 (2) The Secretary of Health and Human Services shall develop and carry

8 out ways to monitor and assess the quality of medical screening and related

9 health services provided to refugees waiting to be resettled in the United

10 States.

11 § 13115. Initial resettlement assistance grants and contracts

12 (a) GENERAL AUTHORITY.—(1) The Director of the Office of Refugee

13 Resettlement (or other officer if the President decides the Director should

14 not administer this subsection) may make grants to, and contracts with,

15 public agencies and private nonprofit voluntary organizations for the initial

16 resettlement (including the initial reception and placement with sponsors)

17 of refugees in the United States. A grant to, or contract with, a private non18 profit voluntary organization shall be consistent with this subchapter, con19 sidering the different resettlement approaches and practices of that organi20 zation. Assistance under this subsection shall be provided in coordination

21 with other assistance provided under this subchapter. The administering

22 agency shall use the criteria described by subsection (c) of this section in

23 awarding or renewing a grant or contract under this section.

24 (2) An amount provided to an agency or organization under a grant or

25 contract may be obligated or expended only during the fiscal year in which

26 the amount is provided, or a subsequent fiscal period approved by the ad27 ministering agency or officer making the contract, to carry out this section.

28 (b) REQUIREMENTS.—(1) Each grant and contract to an agency or orga29 nization under subsection (a) of this section shall require that the agency

30 or organization—

31 (A) provide quarterly performance and financial status reports to the

32 administering agency;

33 (B) provide notice—

34 (i) to the appropriate local welfare office or its local affiliate

35 when the agency or organization receiving the grant or contract

36 becomes aware that a refugee is offered employment; and

37 (ii) to the refugee that notice to the local welfare office or affili38 ate has been given;

39 (C) when requested by a local welfare office to which a refugee has

40 applied for cash assistance, provide documentation to that office about

41 cash or other resources provided directly by the agency or organization
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1 receiving the grant or contract to the refugee under this section and

2 section 13114 of this title;

3 (D) ensure that a refugee, that the agency or organization receiving

4 the grant or contract knows has been identified under section

5 13114(c)(1)(B) of this title as having a medical condition affecting the

6 public health and requiring treatment, reports to the appropriate health

7 agency when the refugee resettles in an area;

8 (E) fulfill its responsibility to provide for the basic needs (including

9 food, clothing, shelter, and transportation for job interviews and train10 ing) of each refugee resettled, to develop and carry out a resettlement

11 plan (including the early employment of each refugee resettled), and to

12 monitor how the plan is being carried out; and

13 (F) submit to the administering agency an annual report on—

14 (i) the number of refugees placed (by county of placement) and

15 the expenditures made during the year covered by the report

16 under the grant or contract, including the proportion of the ex17 penditures used for administrative purposes and for providing

18 services;

19 (ii) the proportion of refugees that the agency or organization

20 receiving the grant or contract has placed in the prior year who

21 are receiving cash or medical assistance described by section

22 13118 of this title;

23 (iii) the efforts made by the agency or organization receiving the

24 grant or contract to monitor placement of refugees and the activi25 ties of local affiliates of the agency or organization;

26 (iv) the extent to which the agency or organization receiving the

27 grant or contract has coordinated its activities with local social

28 service providers in a way that avoids duplication of activities, has

29 provided notice to the local welfare offices, and has reported medi30 cal conditions of certain aliens to local health departments as re31 quired under clause (D) of this paragraph; and

32 (v) other information the administering agency considers is ap33 propriate in monitoring the effectiveness of the agency or organi34 zation receiving the grant or contract in carrying out its functions

35 under the grant or contract.

36 (2) The administering agency shall submit promptly to the Committees

37 on the Judiciary of the House of Representatives and the Senate a copy

38 of each report submitted under paragraph (1)(F) of this subsection.

39 (3) Paragraph (1)(A), (C), and (F) of this subsection applies to a grant

40 or contract made or renewed after December 5, 1986. Paragraph (1)(E) of
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1 this subsection applies to a grant or contract made or renewed after May

2 5, 1987.

3 (c) PERFORMANCE CRITERIA.—The administering agency shall prescribe

4 criteria for the performance of each agency or organization receiving a grant

5 or contract under subsection (a) of this section. The prescribed criteria shall

6 include criteria related to that agency’s or organization’s—

7 (1) efforts to reduce welfare dependency among refugees resettled by

8 the agency or organization;

9 (2) collection of travel loans made to refugees resettled by the agency

10 or organization for travel to the United States;

11 (3) arrangements for effective local sponsorship and other nonpublic

12 assistance for refugees resettled by the agency or organization;

13 (4) cooperation with refugee mutual assistance associations, local so14 cial service providers, health agencies, and welfare offices;

15 (5) compliance with guidelines established by the Director of the Of16 fice of Refugee Resettlement for placing and resettling refugees in the

17 United States; and

18 (6) compliance with other requirements contained in the grant or

19 contract, including requirements under subsection (b) of this section.

20 (d) MEDICAL SCREENING AND TREATMENT.—The Director may make a

21 grant to, or contract with, a State or local health agency for payments to

22 meet the agency’s costs of providing medical screening and initial medical

23 treatment to refugees.

24 § 13116. Project grants and contracts for services

25 (a) SERVICE PROJECTS.—(1) The Director of the Office of Refugee Re26 settlement may make grants to, and contracts with, public agencies and pri27 vate nonprofit voluntary organizations for projects specifically designed—

28 (A) to assist refugees in obtaining skills necessary for economic self29 sufficiency, including projects for job training, employment services,

30 day care, and professional refresher training and other recertification

31 services;

32 (B) to provide instruction in English when necessary even when refu33 gees are employed or are receiving assistance; and

34 (C) to provide health (including mental health) services, social serv35 ices, and educational and other services when specific needs have been

36 shown and recognized by the Director.

37 (2) Amounts available in a fiscal year for grants and contracts under this

38 subsection shall be allocated among the States based on the total number

39 of refugees who—

40 (A) arrived in the United States within the 36 months before the be41 ginning of the fiscal year; and
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1 (B) actually are residing in each State (taking into account second2 ary migration) at the beginning of the fiscal year.

3 (3) A limitation that the Director establishes on that part of amounts al4 located to a State under this subsection that the State may use for services

5 (except those services described by section 13111(2) of this title) does not

6 apply if the Director—

7 (A) receives a plan that has been established by or with the consulta8 tion of political subdivisions; and

9 (B) decides that the plan provides for the maximum appropriate em10 ployment services for, and the maximum placement of, employable refu11 gees consistent with the performance standards established under sec12 tion 106 of the Job Training Partnership Act (29 U.S.C. 1516).

13 (b) TARGETED ASSISTANCE PROJECT GRANTS.—(1) The Director may

14 make a grant to a State for assistance to a political subdivision in the State

15 that has a demonstrated specific need for additional available resources for

16 providing services to refugees because of factors such as—

17 (A) an unusually large refugee population (including secondary mi18 gration);

19 (B) high refugee concentrations; and

20 (C) high use of public assistance by refugees.

21 (2) The Director shall make a grant under this subsection—

22 (A) primarily to facilitate refugee employment and self-sufficiency;

23 and

24 (B) in a way that does not supplant amounts available under other

25 refugee programs and ensures that at least 95 percent of the amount

26 of the grant is made available to the political subdivision.

27 (c) MAINTAINING LEVEL OF SERVICE PROJECTS.—To the extent of avail28 able appropriations, the Director may not—

29 (1) reduce the maximum average contribution level of the United

30 States Government for each refugee in the voluntary agency program,

31 known as the matching grant program and financed under subsection

32 (a) of this section, below the level in effect under the program for

33 grants in the fiscal year that ended September 30, 1985; or

34 (2) increase the percentage grantee matching requirement under the

35 program above the percentage in effect under the program for grants

36 in the fiscal year that ended September 30, 1985.

37 § 13117. Assistance for refugee children

38 (a) SPECIAL EDUCATIONAL SERVICES.—Where a need is shown, the Sec39 retary of Education may make grants and contracts for projects to provide

40 special educational services (including instruction in English) to refugee

41 children in elementary and secondary schools.
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1 (b) CHILD WELFARE SERVICES.—The Director of the Office of Refugee

2 Resettlement may provide assistance, reimburse States, and make grants to,

3 and contracts with, public agencies and private voluntary nonprofit organi4 zations to provide child welfare services (including foster care maintenance

5 payments and services and health care) to a refugee child during the 36-

6 month period that begins with the first month the child is in the United

7 States. If a refugee child is unaccompanied by a parent or other close adult

8 relative (as defined by the Director), those services may be provided until

9 the month after the child becomes 18 years of age (or a later age prescribed

10 in the State’s child welfare services plan under part B of title IV of the

11 Social Security Act (42 U.S.C. 620 et seq.) for the availability of those serv12 ices to another child in the State).

13 (c) PLACING UNACCOMPANIED CHILDREN.—(1) The Director shall try to

14 arrange, under the laws of the States, to place an unaccompanied refugee

15 child referred to in subsection (b) of this section who has been accepted for

16 admission to the United States. The Director shall make the arrangements

17 before or as soon as possible after the child arrives in the United States.

18 If necessary, the Director shall assume legal and financial responsibility for

19 the child during the period before the child is placed when the child is in

20 the United States or is traveling to the United States. The Director may

21 make necessary decisions to provide for the child’s immediate care.

22 (2) In carrying out this subsection, the Director may make contracts with

23 appropriate public agencies and private nonprofit voluntary organizations

24 under conditions the Director considers appropriate.

25 (3) The Director shall maintain a list of—

26 (A) all unaccompanied refugee children who have entered the United

27 States after April 1, 1975;

28 (B) the name and last known residence of each living parent of each

29 of those children at the child’s time of arrival; and

30 (C) the locations, status, and progress of the children.

31 § 13118. Cash and medical assistance

32 (a) GENERAL AUTHORITY.—The Director of the Office of Refugee Reset33 tlement may provide assistance, reimburse States, and make grants to, and

34 contracts with, public agencies and private nonprofit voluntary organizations

35 for 100 percent of the cash and medical assistance provided to a refugee

36 during the 36-month period that begins with the first month the refugee

37 enters the United States. The Director also may pay for the identifiable and

38 reasonable administrative costs of providing the assistance.

39 (b) CONDITIONS AND LIMITATION.—(1) Except for good cause shown,

40 cash assistance may be provided to an employable refugee under this section

41 only if the refugee—
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1 (A) registers with an appropriate public agency or private nonprofit

2 voluntary organization providing employment services described by sec3 tion 13116(a)(1)(A) of this title, or, if such an agency or organization

4 is not available, with an appropriate State or local employment service;

5 (B) participates in an available and appropriate service or targeted

6 assistance project grant financed under section 13116 of this title pro7 viding job or language training in the area in which the refugee resides;

8 and

9 (C) accepts an appropriate offer of employment.

10 (2)(A) Cash assistance provided under this section shall be suspended for

11 any alien entering the United States as a refugee after March 31, 1987,

12 who refuses—

13 (i) an offer of employment that the public agency or private non14 profit voluntary organization providing initial resettlement assistance

15 under section 13115(a) of this title or the appropriate State or local

16 employment service decides is appropriate;

17 (ii) to go to a job interview that has been arranged through the

18 agency, organization, or employment service; or

19 (iii) to participate in a service or targeted assistance project grant

20 referred to in paragraph (1)(B) of this subsection that the agency, or21 ganization, or employment service decides is available and appropriate.

22 (B) The assistance shall be suspended for 3 months for the first refusal

23 and for 6 months for any subsequent refusal. The refugee shall be given

24 an opportunity for a proceeding before cash assistance is suspended.

25 (3) A refugee who is a full-time student in an institution of higher edu26 cation, as defined by the Director after consultation with the Secretary of

27 Education, may not receive cash assistance.

28 (c) INSTRUCTION AND TRAINING FOR REFUGEES RECEIVING ASSIST29 ANCE.—The Director shall develop plans to provide instruction in English

30 and other appropriate services and training to a refugee receiving cash as31 sistance.

32 (d) LIMITATION ON USE OF AMOUNTS.—If a refugee is eligible for aid

33 or assistance under a State plan approved under part A of title IV or under

34 title XIX of the Social Security Act (42 U.S.C. 601 et seq., 1396 et seq.)

35 or for supplemental security income benefits (including State supplementary

36 payments) under the program established under title XVI of that Act (42

37 U.S.C. 1381 et seq.), amounts to carry out this section may be used only

38 to pay the part of the aid or assistance not paid by the United States Gov39 ernment under part A of title IV or under title XIX for cash and medical

40 assistance provided the refugee, and for State supplementary payments.
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1 (e) MEDICAL ASSISTANCE FOR REFUGEES OTHERWISE INELIGIBLE.—

2 During the one-year period after a refugee enters the United States, the Di3 rector may authorize medical assistance of the kind provided under sub4 section (a) of this section to a refugee if—

5 (1) the refugee does not qualify for assistance under a State plan

6 approved under title XIX of that Act (42 U.S.C. 1396 et seq.) because

7 of financial resources or income requirements of the plan; and

8 (2) the Director decides that—

9 (A) providing the medical services will encourage economic self10 sufficiency or avoid a significant burden on State and local govern11 ments; and

12 (B) the refugee meets alternative financial resources and income

13 requirements the Director establishes.

14 (f) ALTERNATIVE ASSISTANCE PROJECTS.—(1) The Secretary of Health

15 and Human Services shall develop and carry out alternative projects for ref16 ugees who have been in the United States less than 36 months. The projects

17 shall provide refugees with interim support, medical services, support serv18 ices, and case-management services, as needed, in a way that encourages

19 self-sufficiency, reduces welfare dependency, and fosters greater coordina20 tion among public agencies, private nonprofit voluntary organizations pro21 viding resettlement assistance, and service providers. The Secretary may

22 provide an alternative project to cover a specific group of refugees who have

23 been in the United States at least 36 months if the Secretary decides that—

24 (A) refugees in the group have been significantly and disproportion25 ately dependent on welfare;

26 (B) those refugees need the services provided under the project to

27 become self-sufficient; and

28 (C) including those refugees under the project would be cost-effec29 tive.

30 (2) A refugee in an alternative project may not receive cash or medical

31 assistance under another subsection of this section or under part A of title

32 IV or under title XIX of that Act (42 U.S.C. 601 et seq., 1396 et seq.).

33 (3) Amounts appropriated to carry out this subchapter, section 13901 of

34 this title, or part A of title IV or title XIX of that Act (42 U.S.C. 601 et

35 seq., 1396 et seq.) may be used to carry out and evaluate alternative

36 projects under this subsection, to the extent the use of those amounts is

37 consistent with the purposes of this subchapter, section 13901, part A of

38 title IV, and title XIX.

39 (g) NOTIFICATION OF APPLICATION BY REFUGEE FOR ASSISTANCE.—As

40 a condition for receiving assistance, reimbursement, or a contract under this

41 section, a State, public agency, or private nonprofit voluntary organization
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1 must ensure that when a refugee applies for cash or medical assistance for

2 which assistance or reimbursement is provided under this section, the State,

3 agency, or organization will notify promptly the agency or organization (or

4 local affiliate of the organization) that provided for the initial resettlement

5 of the refugee under section 13115(a) of this title that the refugee has ap6 plied for the assistance.

7 § 13119. Administrative

8 (a) AUTHORITY OF THE DIRECTOR.—In providing assistance under this

9 subchapter, the Director of the Office of Refugee Resettlement, to the ex10 tent of available appropriations—

11 (1) shall make available sufficient resources for employment training

12 and placement to permit refugees to achieve economic self-sufficiency

13 as soon as possible;

14 (2) shall provide refugees with the opportunity to acquire sufficient

15 instruction in English to enable them to become resettled effectively as

16 quickly as possible;

17 (3) shall ensure that cash assistance is made available to refugees

18 as provided under section 13118(b) of this title in a way that will not

19 discourage economic self-sufficiency;

20 (4) shall ensure that women have the same opportunities as men to

21 participate in training and instruction;

22 (5) shall make a periodic assessment, based on refugee population

23 and other relevant factors, of the relative needs of refugees for assist24 ance and services under this subchapter and the resources available to

25 meet those needs;

26 (6) in allocating resources, shall avoid duplicating services and pro27 vide for maximum coordination among agencies and organizations pro28 viding related services; and

29 (7) shall compile and maintain information on—

30 (A) the secondary migration of refugees in the United States;

31 and

32 (B) the proportion of refugees, by State of residence and nation33 ality, receiving cash or medical assistance described by section

34 13118 of this title.

35 (b) LIMITATION ON DELEGATION.—The Director may not delegate to a

36 State government or political subdivision authority to review or approve a

37 grant or contract under this subchapter or the terms under which a grant

38 or contract is made.

39 (c) NONDISCRIMINATION.—Assistance and services under this subchapter

40 shall be provided to refugees without regard to race, religion, nationality,

41 sex, or political opinion.
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1 (d) CONSULTATION WITH STATE AND LOCAL GOVERNMENTS AND ORGA2 NIZATIONS.—(1) The Director and the administering agency under section

3 13115(a) of this title, together with the United States Coordinator for Refu4 gee Affairs, shall consult at least quarterly with State governments, political

5 subdivisions, and private nonprofit voluntary organizations on the sponsor6 ship process and the intended distribution of refugees among the States and

7 political subdivisions before placing refugees in each of the States and politi8 cal subdivisions.

9 (2) In consultation with representatives of private nonprofit voluntary or10 ganizations, State governments, and political subdivisions, the Director shall

11 develop and carry out policies and strategies for placing and resettling refu12 gees in the United States. To the extent practicable and except under un13 usual circumstances the Director may recognize, the policies and strategies

14 shall—

15 (A) ensure that a refugee is not placed or resettled initially in an

16 area highly impacted (as decided under regulations prescribed by the

17 Director after consultation with private nonprofit voluntary organiza18 tions, State governments, and political subdivisions) by the presence of

19 refugees or comparable populations unless the refugee has a spouse,

20 parent, sibling, or child residing in that area;

21 (B) provide for a mechanism for representatives of local affiliates of

22 private nonprofit voluntary organizations to meet at least quarterly

23 with representatives of State governments and political subdivisions to

24 plan and coordinate, in advance of the arrival of the refugees, the ap25 propriate placement of the refugees among the States and political sub26 divisions; and

27 (C) consider—

28 (i) the proportion of refugees and comparable entrants in the

29 population in the area;

30 (ii) the availability of employment opportunities, affordable

31 housing, and public and private resources for refugees in the area,

32 including educational, health care, and mental health services;

33 (iii) the likelihood of refugees placed in the area becoming self34 sufficient and free from long-term dependence on public assist35 ance; and

36 (iv) the secondary migration of refugees to and from the area

37 that is likely to occur.

38 (3) To the maximum extent possible and consistent with the policies and

39 strategies developed under paragraph (2) of this subsection, the administer40 ing agency under section 13115(a) of this title shall consider the rec-
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1 ommendations of the State in deciding where to place refugees in that

2 State.

3 (4) In providing assistance to refugees, a State government or political

4 subdivision shall consider the recommendations of, and assistance provided

5 by, a public agency or private nonprofit voluntary organization receiving a

6 grant or contract under section 13115(a) of this title.

7 (e) REQUIREMENTS FOR GRANTS AND CONTRACTS.—A grant or contract

8 may be made under this subchapter only when an appropriate proposal and

9 application (that includes a description of the ability of a public agency or

10 private nonprofit voluntary organization to provide the services specified in

11 the proposal) are submitted to and approved by the appropriate administer12 ing official. A grant shall be made to, or a contract shall be made with,

13 a public agency or private nonprofit voluntary organization that the admin14 istering official decides can best provide the services. Payment under the

15 grant or contract may be made in advance or by reimbursement.

16 (f) GRANT AND CONTRACT PROPOSALS AND APPLICATIONS.—To receive

17 assistance under this subchapter, a State—

18 (1) must submit to the Director a plan that—

19 (A) describes how the State plans to encourage effective refugee

20 resettlement and to promote economic self-sufficiency as quickly as

21 possible;

22 (B) describes how the State will ensure that instruction in Eng23 lish and employment services are made available to refugees re24 ceiving cash assistance;

25 (C) provides for the designation of a State officer or employee

26 to be responsible for ensuring coordination of public and private

27 resources in refugee resettlement;

28 (D) provides for the care and supervision of, and legal respon29 sibility for, unaccompanied refugee children in the State; and

30 (E) provides for identifying refugees who at the time of resettle31 ment in the State have medical conditions requiring, or medical

32 histories indicating a need for, treatment or observation and pro33 vides necessary monitoring of the treatment or observation;

34 (2) must meet standards, goals, and priorities developed by the Di35 rector that—

36 (A) ensure effective resettlement of refugees;

37 (B) promote economic self-sufficiency of refugees as quickly as

38 possible; and

39 (C) provide that services are provided efficiently; and
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1 (3) within a reasonable time after the end of each fiscal year, must

2 submit to the Director a report on the uses of amounts provided under

3 this subchapter for which the State is responsible for administering.

4 (g) AUTHORITY TO MAKE LOANS AND ACCEPT GIFTS.—In carrying out

5 this subchapter, each appropriate administering official may—

6 (1) make loans; and

7 (2) accept and use money, property, and services made available by

8 gift, devise, bequest, grant, or otherwise to carry out this subchapter.

9 (h) SYSTEM TO MONITOR ASSISTANCE.—The Secretary of Health and

10 Human Services, and the Secretary of State in carrying out sections 13114

11 and 13115 of this title, shall maintain a system of monitoring assistance

12 provided under this subchapter. The system shall include—

13 (1) evaluations of the effectiveness of the programs and projects car14 ried out under this subchapter and the performance of States, grantees,

15 and contractors;

16 (2) financial audits and other appropriate monitoring to detect

17 fraud, abuse, and mismanagement in operating the programs and

18 projects; and

19 (3) information collection on services provided and results achieved.

20 (i) INFORMATION PROVIDED BY REFUGEES.—The Attorney General shall

21 provide the Director with information provided by refugees with their appli22 cations for a change in status. The Director shall compile, summarize, and

23 evaluate the information.

24 § 13120. Annual reports

25 In consultation with the United States Coordinator for Refugee Affairs,

26 the Secretary of Health and Human Services shall submit a report to the

27 Committees on the Judiciary of the House of Representatives and the Sen28 ate not later than each January 31 on activities under this subchapter for

29 the prior fiscal year. Each report shall include—

30 (1) a current profile of the employment and labor force statistics for

31 refugees who entered the United States under this title—

32 (A) during the 5 fiscal years immediately before the fiscal year

33 in which the report is submitted; and

34 (B) before that 5-year period and who have been significantly

35 and disproportionately dependent on welfare;

36 (2) a description of the extent to which refugees received each kind

37 of assistance and service under this subchapter during the 5 fiscal

38 years immediately before the fiscal year in which the report is submit39 ted;

40 (3) a description of the geographic locations of refugees;
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1 (4) a summary of the results of the monitoring conducted under sec2 tion 13119(h) of this title for the fiscal year;

3 (5) a description of—

4 (A) the activities, expenditures, and policies of the Office of Ref5 ugee Resettlement under this subchapter;

6 (B) the activities of States, voluntary organizations, and spon7 sors of refugees under this subchapter; and

8 (C) plans of the Director of the Office of Refugee Resettlement

9 for improving refugee resettlement;

10 (6) evaluations of the extent to which—

11 (A) services provided under this subchapter are assisting refu12 gees in achieving economic self-sufficiency, ability in English, and

13 employment commensurate with their skills and abilities; and

14 (B) fraud, abuse, and mismanagement have been reported in

15 providing assistance or services;

16 (7) a description of the assistance provided under section 13118(e)

17 of this title;

18 (8) a summary of the locations and status of unaccompanied refugee

19 children admitted to the United States; and

20 (9) a summary of the information compiled and evaluated under sec21 tion 13119(i) of this title.

22 § 13121. Limitations

23 (a) CONSOLIDATED GRANTS PROHIBITED.—Amounts made available to a

24 State or political subdivision to carry out this subchapter (except section

25 13115(a) of this title) may not be in the form of a block grant, per capita

26 grant, or similar consolidated grant. Amounts shall be made available under

27 separate grants or contracts for—

28 (1) medical screening and initial medical treatment for refugees

29 under section 13115(d) of this title;

30 (2) social services to refugees under section 13116(a) of this title;

31 (3) targeted assistance project grants under section 13116(b) of this

32 title; and

33 (4) assistance for refugee children under section 13117(b) and (c)

34 of this title.

35 (b) CONTRACTS.—A contract made under this subchapter is effective only

36 to the extent and in the amount provided in advance by an appropriation

37 law.

38 § 13122. Authorization of appropriations

39 Amounts necessary to carry out this subchapter and section 13901 of this

40 title may be appropriated for the fiscal year ending September 30, 1994.
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1 SUBCHAPTER III—EDUCATION ASSISTANCE

2 § 13131. Definitions

3 In this subchapter—

4 (1) ‘‘elementary school’’, ‘‘local educational agency’’, ‘‘secondary

5 school’’, ‘‘State’’, and ‘‘State educational agency’’ have the same mean6 ings given those terms in section 1471 of the Elementary and Second7 ary Education Act of 1965 (20 U.S.C. 2891).

8 (2) ‘‘elementary or secondary nonpublic school’’ means a school—

9 (A) complying with the compulsory education laws of the State

10 in which it is located; and

11 (B) exempt from taxation under section 501(c)(3) of the Inter12 nal Revenue Code of 1986 (26 U.S.C. 501(c)(3)).

13 (3) ‘‘eligible participant’’ means an alien—

14 (A) during the 36-month period that begins with the first month

15 the alien entered the United States, who—

16 (i) has been admitted to the United States as a refugee

17 under section 5105 of this title;

18 (ii) has been paroled into the United States as a refugee

19 under section 6123 of this title; or

20 (iii) has fled from the alien’s country of origin and, under

21 an executive order, has been allowed to enter and remain in

22 the United States indefinitely for humanitarian reasons;

23 (B) during the 36-month period that begins with the month the

24 alien began applying for asylum, who is applying for, or has been

25 granted, asylum in the United States; or

26 (C) during the 36-month period that begins with the first month

27 the alien entered the United States as a Cuban-Haitian entrant

28 or otherwise became a Cuban-Haitian entrant, who entered the

29 United States after October 31, 1979, and is in the United States

30 classified as a Cuban-Haitian entrant.

31 § 13132. Basic educational services grants

32 (a) GRANTS.—The Secretary of Education shall make a grant to each

33 State educational agency for each fiscal year to assist local educational

34 agencies of the State in providing basic educational services for eligible par35 ticipants enrolled in the elementary and secondary public schools under the

36 jurisdiction of the local educational agencies of the State. The State edu37 cational agency may use the grant only as provided in its application ap38 proved under section 13135(b) of this title.

39 (b) APPLICATIONS.—To receive a grant under this section, the State edu40 cational agency must submit an application to the Secretary. In the applica41 tion, the State educational agency must—
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1 (1) agree that payments under the grant will be used as provided

2 by subsection (a) of this section;

3 (2) agree to ensure that those payments will be allocated among the

4 local educational agencies in the State using the same formula and re5 ductions for the local educational agencies as the Secretary is required

6 to use in making allocations to State educational agencies under sub7 section (d) of this section;

8 (3) specify the amounts referred to in subsection (d) of this section

9 that are made available under other laws of the United States for ex10 penditure in the State for the same purpose for which an amount is

11 made available under this section and the local educational agencies to

12 which those amounts are available; and

13 (4) comply with section 13135(a) of this title.

14 (c) PRESCRIBING GRANT FORMULA.—As soon as possible, the Secretary

15 shall prescribe a formula to be used in determining the amount of the grant

16 to which each State educational agency (except the agencies for American

17 Samoa, Guam, the Northern Mariana Islands, the Trust Territory of the

18 Pacific Islands, and the Virgin Islands) is entitled under this section for a

19 fiscal year. The formula shall be based on the full amount authorized under

20 section 13139(b) of this title. In prescribing the formula, the Secretary—

21 (1) shall consider—

22 (A) the number of years each eligible participant assisted under

23 this section has resided in the United States; and

24 (B) the relative costs, by grade level, of educating elementary

25 and secondary school children; and

26 (2) shall provide that amounts be allocated without regard to dif27 ferences in educational costs among different geographical areas.

28 (d) ALLOCATIONS.—The Secretary shall allocate the amount appropriated

29 to carry out this section for a fiscal year among the State educational agen30 cies (except the agencies for American Samoa, Guam, the Northern Mariana

31 Islands, the Trust Territory of the Pacific Islands, and the Virgin Islands).

32 Except as provided by section 13136 of this title, the amount of the grant

33 to which an agency is entitled under this section for a fiscal year is equal

34 to the amount allocated to it under the formula, reduced by the amounts

35 available for that fiscal year under other laws of the United States for ex36 penditure in the State for the same purpose for which an amount is made

37 available under this section. However, the reduction shall be made only to

38 the extent the amounts are available under the other laws—

39 (1) for that purpose specifically because the individuals served by the

40 amounts have refugee, parolee, or asylum status; and

41 (2) to assist individuals eligible for services under this section.
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1 (e) GRANT AMOUNTS FOR TERRITORIES AND POSSESSIONS.—The

2 amounts of the grants to which the State educational agencies of American

3 Samoa, Guam, the Northern Mariana Islands, the Trust Territory of the

4 Pacific Islands, and the Virgin Islands are entitled under this section are

5 the amounts the Secretary determines they need based on criteria the Sec6 retary prescribes. The total amount of those grants for a period may not

7 be more than one percent of the amount authorized to be appropriated to

8 carry out this section during the period. If the total of the amounts the Sec9 retary determines those agencies need is more than one percent, the amount

10 of the grant to each of those agencies is reduced proportionately so that the

11 total is not more than one percent.

12 § 13133. Supplementary educational services grants

13 (a) DEFINITIONS.—In this section—

14 (1) ‘‘enrolled eligible participant in the State’’ means an eligible par15 ticipant enrolled in an elementary or secondary public school under the

16 jurisdiction of a qualified local educational agency in the State or in

17 an elementary or secondary nonpublic school in the district served by

18 a qualified local educational agency in the State.

19 (2) ‘‘qualified local educational agency’’ means a local educational

20 agency that—

21 (A) during the fiscal year for which a grant is to be made under

22 this section, has enrolled in the elementary and secondary public

23 schools under its jurisdiction and in the elementary and secondary

24 nonpublic schools in the district it serves a number of eligible par25 ticipants receiving supplementary educational services during the

26 fiscal year at least equal to the lesser of—

27 (i) 500; or

28 (ii) 5 percent of the total number of students enrolled in

29 those public or nonpublic schools during that fiscal year; or

30 (B) is eligible to receive assistance because of section 3(b)(last

31 sentence) and (c)(2)(B) of the Act of September 30, 1950 (20

32 U.S.C. 238(b)(last sentence) and (c)(2)(B)).

33 (b) GENERAL AUTHORITY.—(1) The Secretary of Education shall make

34 a grant, as provided by this subchapter, to each State educational agency

35 for each fiscal year to provide supplementary educational services for en36 rolled eligible participants in the State. Those services include—

37 (A) services necessary to enable eligible participants to perform satis38 factorily, including—

39 (i) instruction in English;

40 (ii) other bilingual educational services; and

41 (iii) special materials and supplies;
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1 (B) additional basic instructional services directly attributable to the

2 presence of eligible participants in the school districts, including—

3 (i) additional classroom supplies;

4 (ii) overhead;

5 (iii) construction;

6 (iv) acquiring or renting space; and

7 (v) transportation; and

8 (C) special inservice training of personnel who will provide the in9 structional services described by clauses (A) and (B) of this paragraph.

10 (2) The State educational agency may use the grant only as provided in

11 its application as approved under section 13135(b) of this title.

12 (c) APPLICATIONS.—To receive a grant under this section, a State edu13 cational agency must submit an application to the Secretary. In the applica14 tion, the State educational agency must—

15 (1) agree to administer, or supervise the administration of, the edu16 cational programs, services, and activities paid for under this section;

17 (2) agree to ensure that payments under the grant will be used as

18 provided by subsection (b) of this section;

19 (3) agree to ensure that those payments will be allocated among the

20 local educational agencies in the State using the same formula and re21 ductions for the local educational agencies as the Secretary is required

22 to use in making allocations to State educational agencies under sub23 section (d) of this section;

24 (4) specify the amounts referred to in subsection (d)(2) of this sec25 tion that are made available under other laws of the United States to

26 agencies or other entities for educational or education-related services

27 or activities in the State because of a significant concentration of eligi28 ble participants and the local educational agencies that have jurisdic29 tion over elementary and secondary public schools, or that serve ele30 mentary and secondary nonpublic schools, in which are enrolled eligible

31 participants who receive services paid for by those amounts;

32 (5) agree to ensure the Secretary that—

33 (A) to the extent consistent with the number of eligible partici34 pants enrolled in elementary and secondary nonpublic schools in

35 the district served by a local educational agency, the local edu36 cational agency, after consulting with the appropriate officials of

37 the schools, will provide secular, neutral, and nonideological mate38 rials, equipment, and services necessary to educate those eligible

39 participants;

40 (B) a public agency will—
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1 (i) administer the amounts provided under this section for

2 the materials, equipment, and services referred to in

3 subclause (A) of this clause; and

4 (ii) own and administer property that is repaired, remod5 eled, or constructed with those amounts;

6 (C) those amounts will not be commingled with State or local

7 money; and

8 (D) a public agency will provide to each of those elementary or

9 secondary nonpublic schools the services referred to in subclause

10 (A) of this clause through—

11 (i) officers and employees under the control of the agency;

12 or

13 (ii) a contract with a person or agency that is under the

14 control of the public agency and, when providing the services,

15 is independent of the school and of any religious organization;

16 and

17 (6) comply with section 13135(a) of this title.

18 (d) ALLOCATIONS.—(1) The Secretary shall allocate the amount appro19 priated to carry out this section for a fiscal year among the State edu20 cational agencies (except the agencies for American Samoa, Guam, the

21 Northern Mariana Islands, the Trust Territory of the Pacific Islands, and

22 the Virgin Islands). Except as provided by this section and section 13136

23 of this title, the amount of the grant to which an agency is entitled under

24 this section for a fiscal year is equal to the sum of—

25 (A) the product of—

26 (i) the number of aliens who are enrolled eligible participants

27 in the State, during the period for which the determination of that

28 number is made, and who have been eligible participants less than

29 one year; multiplied by

30 (ii) $700;

31 (B) the product of—

32 (i) the number of aliens who are enrolled eligible participants

33 in the State, during the period for which the determination is

34 made, and who have been eligible participants at least one year

35 but not more than 2 years; multiplied by

36 (ii) $500; and

37 (C) 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 is

40 made, and who have been eligible participants more than 2 years

41 but not more than 3 years; multiplied by
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1 (ii) $300.

2 (2) If amounts are available for a fiscal year under other laws of the

3 United States to agencies or other entities for educational or education-re4 lated services or activities in the State because of a significant concentration

5 of eligible participants, the amount of the grant under paragraph (1) of this

6 subsection for that fiscal year is reduced by those amounts.

7 (e) REALLOCATION OF UNUSED AMOUNTS.—When the Secretary deter8 mines that a part of a payment made to a State educational agency under

9 this section for a fiscal year will not be used by the agency to carry out

10 the purpose for which the payment was made, the Secretary shall make that

11 part available to another State educational agency to the extent the Sec12 retary decides the other agency can use the additional amount to carry out

13 the purpose. An amount made available under this subsection to a State

14 educational agency from an appropriation for a fiscal year is deemed in this

15 section to be a part of the grant (as determined under subsection (d) of

16 this section) to that agency for that fiscal year, and remains available until

17 the end of the next fiscal year.

18 (f) GRANT AMOUNTS FOR TERRITORIES AND POSSESSIONS.—The

19 amounts of the grants to which the State educational agencies of American

20 Samoa, Guam, the Northern Mariana Islands, the Trust Territory of the

21 Pacific Islands, and the Virgin Islands are entitled under this section are

22 the amounts the Secretary determines they need based on criteria the Sec23 retary prescribes. The total amount of those grants for a period may not

24 be more than one percent of the amount authorized to be appropriated to

25 carry out this section during the period. If the total of the amounts the Sec26 retary determines those agencies need is more than one percent, the amount

27 of the grant to each of those agencies is reduced proportionately so that the

28 total is not more than one percent.

29 (g) PROVIDING ASSISTANCE TO NONPUBLIC SCHOOLS WHEN STATE

30 DOES NOT.—If a State is prohibited by law from providing materials,

31 equipment, and services for children enrolled in elementary and secondary

32 nonpublic schools as required by subsection (c)(5) of this section, or if the

33 Secretary decides that a local educational agency has failed substantially to

34 or will not provide for the participation on an equitable basis of eligible par35 ticipants enrolled in those schools, the Secretary—

36 (1) may waive the requirements of subsection (c)(5) of this section;

37 and

38 (2) subject to the other requirements of this subchapter, shall ar39 range that materials, equipment, and services be provided for those eli40 gible participants.
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1 § 13134. Adult education program grants

2 (a) GENERAL AUTHORITY.—(1) The Secretary of Education shall make

3 a grant, as provided by this subchapter, to each State educational agency

4 for each fiscal year to be used to provide adult education programs to eligi5 ble participants at least 16 years of age in need of the services and not en6 rolled in an elementary or secondary public school under the jurisdiction of

7 a local educational agency. The grant may be used for—

8 (A) programs of instruction—

9 (i) to teach the eligible participants basic reading and mathe10 matics;

11 (ii) to develop and enhance skills needed by the eligible partici12 pants; and

13 (iii) to promote literacy among the eligible participants;

14 (B) administrative costs of planning and operating the programs re15 ferred to in clause (A) of this paragraph;

16 (C) educational support services needed by the eligible participants,

17 including services to guide and counsel the eligible participants about

18 educational, career, and employment opportunities; and

19 (D) special projects designed to operate with existing programs and

20 activities that develop occupational and related skills, particularly pro21 grams authorized under the Job Training Partnership Act (29 U.S.C.

22 1501 et seq.) or the Carl D. Perkins Vocational Education Act (20

23 U.S.C. 2301 et seq.).

24 (2) The State educational agency may use the grant only as provided in

25 its application as approved under section 13135(b) of this title.

26 (b) APPLICATIONS.—To receive a grant under this section, the State edu27 cational agency must submit an application to the Secretary. In the applica28 tion, the State educational agency must—

29 (1) agree that payments under the grant will be used as provided

30 by subsection (a) of this section;

31 (2) agree to make periodic reports to the Secretary evaluating the

32 effectiveness of those payments;

33 (3) specify the amounts referred to in subsection (c)(2) of this sec34 tion that are made available under other laws of the United States for

35 expenditure in the State for the same purpose for which an amount is

36 made available under this section; and

37 (4) comply with section 13135(a) of this title.

38 (c) ALLOCATIONS.—(1) The Secretary shall allocate the amount appro39 priated to carry out this section for a fiscal year among the State edu40 cational agencies (except the agencies for American Samoa, Guam, the

41 Northern Mariana Islands, the Trust Territory of the Pacific Islands, and
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1 the Virgin Islands). Except as provided by paragraph (2) of this subsection

2 and section 13136 of this title, the amount of the grant to which an agency

3 is entitled under this section for a fiscal year is equal to the product of—

4 (A) the number of eligible participants at least 16 years of age who,

5 during the period for which the determination of that number is made,

6 are enrolled in programs of instruction described by subsection

7 (a)(1)(A) of this section and offered in the State, but who are not en8 rolled in elementary and secondary public schools under the jurisdiction

9 of local educational agencies; multiplied by

10 (B) $300.

11 (2) If amounts are available for a fiscal year under other laws of the

12 United States for expenditure in the State for the same purpose for which

13 an amount is made available under this section, the amount of the grant

14 under paragraph (1) of this subsection for that fiscal year is reduced by

15 those amounts. However, the reduction is made only to the extent the

16 amounts are available under the other laws—

17 (A) for that purpose specifically because the individuals served by the

18 amounts have refugee, parolee, or asylum status; and

19 (B) to assist individuals eligible for services under this section.

20 (d) METHODS OF PROVIDING PROGRAMS.—(1) A State educational agen21 cy may provide adult education programs directly or may make grants to,

22 or contracts with, local educational agencies, public agencies, and private

23 nonprofit voluntary organizations to provide the programs. The State edu24 cational agency shall review an application for a grant or contract under

25 this subsection in a way that is consistent with the purposes of section

26 306(b)(12) and (13) of the Adult Education Act.

27 (2) The State educational agency shall use the grant it receives under

28 this section in a way that enables the maximum number of eligible partici29 pants at least 16 years of age residing in the State to receive education

30 under the programs of instruction described by subsection (a)(1)(A) of this

31 section.

32 (e) GRANT AMOUNTS FOR TERRITORIES AND POSSESSIONS.—The

33 amounts of the grants to which the State educational agencies of American

34 Samoa, Guam, the Northern Mariana Islands, the Trust Territory of the

35 Pacific Islands, and the Virgin Islands are entitled under this section are

36 the amounts the Secretary determines they need based on criteria the Sec37 retary prescribes. The total amount of those grants for a period may not

38 be more than one percent of the amount authorized to be appropriated to

39 carry out this section during the period. If the total of the amounts the Sec40 retary determines those agencies need is more than one percent, the amount
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1 of the grant to each of those agencies is reduced proportionately so that the

2 total is not more than one percent.

3 § 13135. Applications

4 (a) REQUIREMENTS.—(1) In its application for a grant under this sub5 chapter, a State educational agency must agree—

6 (A) to ensure that it will not disapprove finally any part of a local

7 educational agency’s application for an amount of a grant to the State

8 educational agency under section 13132, 13133, or 13134 of this title

9 without giving the local educational agency reasonable notice and op10 portunity for a proceeding; and

11 (B) to make reports the Secretary of Education reasonably requires

12 to carry out this subchapter.

13 (2) The State educational agency must submit an application at the time,

14 in the way, and containing or accompanied by information, the Secretary

15 requires.

16 (b) APPROVAL.—The Secretary shall approve an application meeting the

17 requirements of this section and section 13132, 13133, or 13134 of this

18 title, as the case may be. The Secretary may not disapprove finally an appli19 cation without giving the applicant reasonable notice and opportunity for a

20 hearing on the record.

21 § 13136. Use of estimated information and consultation with

22 other agencies

23 (a) USE OF ESTIMATES.—When actual satisfactory information is not

24 available, the Secretary of Education shall use estimates to determine for

25 any period the number of eligible participants and the amount of a reduc26 tion required under section 13132(d), 13133(d)(2), or 13134(c)(2) of this

27 title. A determination based on an overestimate or underestimate may not

28 deprive a State educational agency of any part of the amount the agency

29 would be entitled to receive under this subchapter if the determination were

30 based on accurate information.

31 (b) CONSULTATION WITH OTHER AGENCIES.—To the extent it will make

32 it easier to determine the amount of a reduction required under section

33 13132(d), 13133(d)(2), or 13134(c)(2) of this title, the Secretary shall con34 sult with the heads of other agencies providing assistance to eligible partici35 pants—

36 (1) to obtain information about the amounts those agencies disburse

37 for educational purposes under programs the agency heads administer;

38 and

39 (2) when feasible, to coordinate the programs those agency heads ad40 minister and the programs under this subchapter.
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1 § 13137. State administrative costs

2 The Secretary of Education may pay each State educational agency an

3 amount equal to the amount the agency expends in carrying out its duties

4 and powers properly and efficiently under this subchapter. However, the

5 total payments for a period may not be more than 2 percent of the amount

6 the agency receives for the period under this subchapter.

7 § 13138. Withholding payments

8 (a) AUTHORITY TO WITHHOLD.—When the Secretary of Education de9 cides that a State educational agency receiving payments under section

10 13132, 13133, or 13134 of this title, or a local educational agency or other

11 entity receiving payments from the State educational agency under section

12 13134, is not complying with a requirement of this subchapter that applies

13 to the section, the Secretary, until satisfied that there is no longer a failure

14 to comply, shall—

15 (1) stop making payments to the State educational agency under sec16 tion 13132, 13133, or 13134 of this title; or

17 (2) prohibit the State educational agency from making payments

18 under section 13134 to the local educational agency or other entity that

19 is causing, or involved in, the failure.

20 (b) NOTICE AND OPPORTUNITY FOR PROCEEDING.—The Secretary—

21 (1) may act under subsection (a) of this section only after giving the

22 State educational agency reasonable notice and opportunity for a pro23 ceeding; and

24 (2) shall notify the State educational agency of the action the Sec25 retary is taking under subsection (a) of this section.

26 § 13139. Authorization of appropriations and allocation of

27 total amount appropriated

28 (a) GENERAL AUTHORIZATION OF APPROPRIATIONS.—Amounts necessary

29 to make grants to each State educational agency under this subchapter and

30 to pay for administrative costs under section 13137 of this title may be ap31 propriated for the fiscal year ending September 30, 19l. The amounts

32 shall be appropriated in a lump sum for all programs under this subchapter.

33 (b) AUTHORIZATION OF APPROPRIATIONS FOR BASIC PUBLIC EDU34 CATIONAL SERVICES GRANTS.—To make grants to State educational agen35 cies in the way provided under this section, an amount may be appropriated

36 under subsection (a) of this section for each fiscal year equal to the product

37 of—

38 (1) the number of eligible participants enrolled in elementary or sec39 ondary public schools under the jurisdiction of local educational agen40 cies in all States (except American Samoa, Guam, the Northern Mari41 ana Islands, the Trust Territory of the Pacific Islands, and the Virgin
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1 Islands) during the fiscal year for which the determination of that

2 number is made; multiplied by

3 (2) $400.

4 (c) ALLOCATIONS OF APPROPRIATIONS.—(1) If the amounts appropriated

5 for a fiscal year to make grants under this subchapter are not enough to

6 pay the total amount of the grants to which State educational agencies are

7 entitled under sections 13132–13134 of this title for the fiscal year, the al8 location to each agency under each of those sections shall be ratably reduced

9 so that the total of the allocations is not more than the amounts appro10 priated.

11 (2) Allocations reduced under paragraph (1) of this subsection shall be

12 increased on the same basis that they were reduced if amounts later become

13 available to make grants under this subchapter for the period.

14 SUBCHAPTER IV—CUBAN AND HAITIAN ENTRANTS

15 § 13151. Definition

16 In this subchapter, ‘‘Cuban or Haitian entrant’’ means—

17 (1) an alien granted parole status as a Cuban/Haitian Entrant (Sta18 tus Pending) or granted another special status later established under

19 law for nationals of Cuba or Haiti, without regard to the status of the

20 alien when assistance is provided under this subchapter; and

21 (2) any other national of Cuba or Haiti—

22 (A)(i) paroled into the United States who has not acquired an23 other status under this title;

24 (ii) who is the subject of exclusion or deportation proceedings

25 under this title; or

26 (iii) having an application for asylum pending before the Attor27 ney General; and

28 (B) about whom a final, nonappealable, and legally enforceable

29 exclusion or deportation order has not been entered.

30 § 13152. Presidential authority

31 The President has the same duties and powers related to a Cuban or Hai32 tian entrant as the duties and powers vested under subchapter II of this

33 chapter. Those duties and powers apply to assistance and services provided

34 to a Cuban or Haitian entrant at any time after the entrant’s arrival in

35 the United States, including periods before October 10, 1980. The President

36 may provide by regulation that benefits granted under a law of the United

37 States (except this title) to an individual admitted to the United States

38 under section 4305 of this title shall be provided in the same way and to

39 the same extent to a Cuban or Haitian entrant.
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1 § 13153. General assistance

2 (a) TYPES OF ASSISTANCE.—Under the direction of the President, any

3 agency may provide assistance (including materials, supplies, equipment,

4 work, services, or facilities) for the processing, care, security, transportation,

5 and initial reception and placement in the United States of a Cuban or Hai6 tian entrant on terms the President prescribes. The President may direct

7 the head of one agency to detail personnel (on a reimbursable or

8 nonreimbursable basis) for temporary duty with another agency that the

9 President has directed to supervise or manage assistance under this section.

10 (b) REIMBURSEMENT.—Amounts to carry out this section—

11 (1) shall be used to reimburse State governments and political sub12 divisions for expenses incurred in providing assistance under subsection

13 (a) of this section; and

14 (2) may be used to reimburse an agency providing assistance under

15 subsection (a) of this section.

16 (c) APPLICATION OF NATIONAL ENVIRONMENTAL POLICY ACT OF

17 1969.—The carrying out of a duty or power under this section is not a

18 major action of the United States Government significantly affecting the

19 quality of the human environment under the National Environmental Policy

20 Act of 1969 (42 U.S.C. 4321 et seq.).

21 (d) AVAILABILITY OF APPROPRIATIONS.—Amounts—

22 (1) appropriated under section 13122 of this title are available to

23 carry out this subchapter; and

24 (2) available to carry out this subchapter remain available until ex25 pended.

26 CHAPTER 133—INTERNATIONAL PARTICIPATION AND

27 EMERGENCY ASSISTANCE

Sec.

13301. Participation in International Organization for Migration.

13302. Contributions to international organizations.

13303. Assistance to further foreign policy interests.

13304. Assistance for unexpected urgent needs.

13305. Allocation, transfer, availability, and accounting of amounts.

13306. Audits.

13307. Administrative.

28 § 13301. Participation in International Organization for Mi29 gration

30 The President may continue United States membership in the Inter31 national Organization for Migration. To assist in the movement of refugees

32 and migrants and to enhance the economic progress of the developing coun33 tries by providing for a coordinated supply of a selected labor force,

34 amounts necessary to pay for the United States Government’s contribution

35 to the Organization and necessary pay and expenses incident to the Govern36 ment’s participation in the Organization may be appropriated.
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1 § 13302. Contributions to international organizations

2 The President may make contributions to—

3 (1) the activities of the United Nations High Commissioner for Refu4 gees for assistance to or for refugees and other persons assisted by the

5 Commissioner;

6 (2) the International Organization for Migration;

7 (3) the International Committee of the Red Cross for assistance to

8 or for refugees; and

9 (4) other international organizations for assistance to or for refu10 gees.

11 § 13303. Assistance to further foreign policy interests

12 The President may provide assistance to or for refugees outside the Unit13 ed States designated by the President when the President decides that the

14 assistance will contribute to the foreign policy interests of the United

15 States. The President shall designate the refugees by class, group, countries

16 of origin, or areas of residence.

17 § 13304. Assistance for unexpected urgent needs

18 (a) GENERAL AUTHORITY.—The President may provide assistance to

19 meet unexpected urgent refugee and migration needs on terms the President

20 prescribes when the President decides the assistance is important to the in21 terests of the United States.

22 (b) UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSIST23 ANCE FUND.—There is a United States Emergency Refugee and Migration

24 Assistance Fund to carry out this section. Amounts necessary for the Fund

25 may be appropriated to the President. However, an amount may not be ap26 propriated that, when added to amounts previously appropriated and not ob27 ligated, would cause the total amount in the Fund to be more than

28 $50,000,000. Amounts appropriated remain available until expended.

29 (c) JUSTIFICATION OF APPROPRIATIONS.—When the President requests

30 an appropriation under this section, the President shall justify the request

31 to the Committee on Foreign Relations of the Senate, the Speaker of the

32 House of Representatives, and the Committees on Appropriations of the

33 Senate and House of Representatives.

34 § 13305. Allocation, transfer, availability, and accounting of

35 amounts

36 (a) ALLOCATION AND TRANSFER.—The President may allocate or trans37 fer to an agency an amount available to carry out this chapter. The amount

38 is available for obligation and expenditure for the purpose for which the

39 amount originally was made available under this chapter or under authority

40 governing the activities of the agency to which the amount was allocated
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1 or transferred. An amount allocated or transferred may be carried in a sep2 arate appropriation account of the Treasury.

3 (b) PURPOSES FOR WHICH AMOUNTS ARE AVAILABLE.—(1) An amount

4 made available under this chapter may be used for—

5 (A) pay, allowances, and travel of personnel, including members of

6 the Foreign Service whose services are used primarily in carrying out

7 this chapter, without regard to another law, that may be necessary to

8 carry out this chapter;

9 (B) printing and binding, expenditure outside the United States for

10 supplies and services, and administrative and operating purposes except

11 pay, without regard to a law or regulation governing the obligation and

12 expenditure of amounts of the United States Government, that may be

13 necessary to carry out this chapter;

14 (C) employment and assignment of members of the Foreign Service

15 serving under limited appointments when carrying out this chapter;

16 (D) the exchange of amounts without regard to loss by exchanges;

17 (E) making contracts for personal services outside the United States;

18 (F) expenses authorized by the Foreign Service Act of 1980 (22

19 U.S.C. 3901 et seq.) not otherwise provided for;

20 (G) expenses authorized by the State Department Basic Authorities

21 Act of 1956 (22 U.S.C. 2662, 2669 et seq.); and

22 (H) other expenses the President decides are necessary to carry out

23 this chapter.

24 (2) An individual employed by contract with amounts made available

25 under paragraph (1)(E) of this subsection is not an employee of the Govern26 ment under any law carried out by the Director of the Office of Personnel

27 Management. However, the Secretary of State may apply to that individ28 ual—

29 (A) section 2(f) of the State Department Basic Authorities Act of

30 1956 (22 U.S.C. 2669(f)); and

31 (B) any other law carried out by the Secretary as that law is related

32 to employment of individuals by contract to perform personal services

33 outside the United States.

34 § 13306. Audits

35 (a) PROGRAM AUDITS.—Amounts may be made available under this chap36 ter or another law to the United Nations High Commissioner for Refugees

37 only if—

38 (1) an annual program audit will be conducted to determine the use

39 of those amounts, including the use by implementing partners; and

40 (2) the audit will be made available through the Secretary of State

41 for inspection by the Comptroller General.
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1 (b) INSPECTIONS AND REPORTS BY COMPTROLLER GENERAL.—The

2 Comptroller General shall inspect each audit and submit to Congress a re3 port on the inspection.

4 § 13307. Administrative

5 (a) AUTHORITY OF THE PRESIDENT.—To carry out this chapter, the

6 President may—

7 (1) make loans, advances, and grants to, and agreements with, a

8 person, government or government agency in or outside the United

9 States, and international and intergovernmental organizations;

10 (2) accept and use money, property, and services made available to

11 carry out this chapter; and

12 (3) provide assistance and make contributions, notwithstanding an13 other provision of law that restricts assistance to foreign countries.

14 (b) WAIVER.—If the President decides that it carries out this chapter, the

15 President may waive a provision of law on making, carrying out, and chang16 ing contracts and on United States Government expenditures.

17 (c) DELEGATION OF DUTIES AND POWERS.—If the President delegates

18 to an officer under section 301 of title 3 a duty or power of the President

19 under this chapter, the President also may authorize the officer to

20 redelegate the duty or power to a subordinate officer or employee of the offi21 cer. However, the President may not authorize the redelegation of the waiv22 er authority under subsection (b) of this section.

23 (d) INFORMING CONGRESSIONAL COMMITTEES.—The President shall

24 keep appropriate committees of Congress currently informed on the use of

25 expenditures and the exercise of duties and powers under this chapter.

26 CHAPTER 135—IMMIGRANT EDUCATION ASSISTANCE

Sec.

13501. Definitions and application.

13502. Supplementary educational service.

13503. Applications.

13504. State entitlements.

13505. Providing assistance to nonpublic schools when local agency does not.

13506. State administrative costs.

13507. Withholding payments.

13508. Reports.

13509. Authorization and allocation of appropriations.

27 § 13501. Definitions and application

28 (a) DEFINITIONS.—In this chapter—

29 (1) the definitions in section 1471 of the Elementary and Secondary

30 Education Act of 1965 (20 U.S.C. 2891) apply, except ‘‘local edu31 cational agency’’ and ‘‘Secretary’’.

32 (2) ‘‘elementary or secondary nonpublic school’’ means a school—

33 (A) complying with the compulsory attendance laws of the State

34 in which it is located; and
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1 (B) exempt from taxation under section 501(c)(3) of the Inter2 nal Revenue Code of 1986 (26 U.S.C. 501(c)(3)).

3 (3) ‘‘immigrant children’’ means children born outside any State who

4 have been attending school in at least one State for less than 3 com5 plete academic years.

6 (4) ‘‘local educational agency’’ has the same meaning given that

7 term in section 1471 of the Elementary and Secondary Education Act

8 of 1965 (20 U.S.C. 2891), except that it includes only an agency for

9 which the number of immigrant children enrolled in elementary and

10 secondary public schools under its jurisdiction and in elementary and

11 secondary nonpublic schools in the district it serves, during the fiscal

12 year for which a grant is to be made under this chapter, is at least

13 equal to the lesser of—

14 (A) 500; or

15 (B) 3 percent of the total number of students enrolled in those

16 public or nonpublic schools during that fiscal year.

17 (b) APPLICATION.—Sections 8002–8005 of the Elementary and Second18 ary Education Act of 1965 (20 U.S.C. 3382–3384, 3386) apply to this

19 chapter.

20 § 13502. Supplementary educational service

21 (a) GENERAL AUTHORITY.—The Secretary of Education shall make a

22 grant, as provided by this chapter, to each State educational agency for the

23 fiscal year ending September 30, 19l, for supplementary educational serv24 ices for immigrant children enrolled in—

25 (1) elementary and secondary public schools under the jurisdiction

26 of the local educational agencies of the State; and

27 (2) elementary and secondary nonpublic schools in the districts

28 served by those agencies.

29 (b) SERVICES INCLUDED.—The supplementary services referred to in

30 subsection (a) of this section include—

31 (1) services necessary to enable the immigrant children to perform

32 satisfactorily, including—

33 (A) instruction in English;

34 (B) other bilingual educational services; and

35 (C) special materials and supplies;

36 (2) additional basic instructional services directly attributable to the

37 presence of immigrant children in the school districts, including—

38 (A) additional classroom supplies;

39 (B) overhead;

40 (C) construction;

41 (D) acquiring or renting space; and
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1 (E) transportation; and

2 (3) essential inservice training of personnel who will provide the in3 structional services described by clauses (1) and (2) of this subsection.

4 (c) GRANT USE.—The State educational agency may use the grant only

5 as provided in its application as approved under section 13503(b) of this

6 title.

7 § 13503. Applications

8 (a) REQUIREMENTS.—To receive a grant under this chapter, a State edu9 cational agency must submit an application to the Secretary of Education

10 at the time, in the way, and containing or accompanied by information the

11 Secretary requires. In the application, the State educational agency must

12 agree—

13 (1) to administer, or supervise the administration of, the educational

14 programs, services, and activities paid for under this chapter;

15 (2) to ensure that payments under the grant will be used as provided

16 by section 13502 of this title;

17 (3) to ensure that those payments will be allocated among the local

18 educational agencies in the State so that each agency receives an

19 amount—

20 (A) based on the number of immigrant children counted for that

21 agency under section 13504(a)(1) of this title; and

22 (B) reduced by an amount under section 13504(a)(2) of this

23 title attributable to that agency;

24 (4) to ensure that it will not disapprove finally any part of a local

25 educational agency’s application for an amount under this chapter

26 without giving the local educational agency reasonable notice and op27 portunity for a proceeding;

28 (5) to make reports the Secretary requires to carry out this chapter;

29 and

30 (6) to ensure that—

31 (A) to the extent consistent with the number of immigrant chil32 dren enrolled in elementary and secondary nonpublic schools in the

33 district served by a local educational agency, the local educational

34 agency, after consulting with the appropriate officials of the

35 schools, will provide secular, neutral, and nonideological materials,

36 equipment, and services necessary to educate those children;

37 (B) a public agency will—

38 (i) administer the amounts provided under this section for

39 the materials, equipment, and services referred to in

40 subclause (A) of this clause; and
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1 (ii) own and administer property that is repaired, remod2 eled, or constructed with those amounts;

3 (C) those amounts will not be commingled with State or local

4 money; and

5 (D) a public agency will provide to each of those elementary or

6 secondary nonpublic schools the services referred to in subclause

7 (A) of this clause through—

8 (i) officers and employees under the control of the agency;

9 or

10 (ii) a contract with a person or agency that is under the

11 control of the public agency and, when providing the services,

12 is independent of the school and of any religious organization.

13 (b) APPROVAL.—The Secretary shall approve an application meeting the

14 requirements of subsection (a) of this section. The Secretary may not dis15 approve finally an application without giving the applicant reasonable notice

16 and opportunity for a hearing on the record.

17 § 13504. State entitlements

18 (a) ALLOCATIONS.—(1) The Secretary of Education shall allocate the

19 amount appropriated to carry out this chapter for a fiscal year among the

20 State educational agencies. Except as provided by this section, the amount

21 of the grant to which an agency is entitled under this chapter for a fiscal

22 year is equal to the product of—

23 (A) the number of immigrant children enrolled during the fiscal year

24 in elementary and secondary public schools under the jurisdiction of the

25 local educational agencies of the State and in elementary and secondary

26 nonpublic schools in the districts served by the local educational agen27 cies of the State; multiplied by

28 (B) $500.

29 (2)(A) If amounts are available for a fiscal year under other laws of the

30 United States for expenditure in a State for the same purpose for which

31 an amount is made available under this chapter, the amount of the grant

32 under paragraph (1) of this subsection for that fiscal year is reduced by

33 those amounts. However, the reduction shall be made only to the extent the

34 amounts are available under the other laws—

35 (i) for that purpose specifically because the individuals served by the

36 amounts have refugee, parolee, immigrant, or asylum status; and

37 (ii) to assist individuals eligible for services under this chapter.

38 (B) Subparagraph (A) of this paragraph does not apply to the extent a

39 reduction is made under a comparable provision of another law of the Unit40 ed States in the amount available under that law for a fiscal year for ex-
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1 penditure in the State based on the amount assumed to be available under

2 this chapter.

3 (b) DETERMINING NUMBER OF IMMIGRANT CHILDREN.—(1) The Sec4 retary shall determine the number of immigrant children for a State edu5 cational agency under this section based on information or estimates pro6 vided by the agency under criteria prescribed by the Secretary. However,

7 after notice and opportunity for a proceeding, the Secretary may disregard

8 information or estimates that the Secretary decides are clearly erroneous.

9 (2) A determination under this subsection based on an overestimate or

10 underestimate may not deprive a State educational agency of any part of

11 the amount the agency would be entitled to receive under this chapter if

12 the determination were based on accurate information.

13 (c) REALLOCATION OF UNUSED AMOUNTS.—When the Secretary deter14 mines that a part of a payment made to a State educational agency under

15 this chapter for a fiscal year will not be used by the agency to carry out

16 the purpose for which the payment was made, the Secretary shall make that

17 part available to another State educational agency to the extent the Sec18 retary decides the other agency can use the additional amount to carry out

19 the purpose. An amount made available under this subsection to a State

20 educational agency from an appropriation for a fiscal year is deemed in this

21 chapter to be a part of the grant (as determined under subsection (a) of

22 this section) to that agency for that fiscal year, and remains available until

23 the end of the next fiscal year.

24 § 13505. Providing assistance to nonpublic schools when

25 local agency does not

26 (a) GENERAL AUTHORITY.—If a local educational agency is prohibited by

27 law from providing materials, equipment, and services for children enrolled

28 in elementary and secondary nonpublic schools as required by section

29 13503(a)(6) of this title, or if the Secretary of Education decides that a

30 local educational agency has failed substantially or will not provide for the

31 participation on an equitable basis of children enrolled in those schools, the

32 Secretary—

33 (1) may waive the requirements of section 13503(a)(6) of this title;

34 and

35 (2) subject to the other requirements of this chapter, shall arrange

36 for materials, equipment, and services to be provided for those children.

37 (b) WAIVER REQUIREMENTS.—A waiver under this section is subject to

38 consultation, withholding, notice, and judicial review requirements as pro39 vided by chapter 1 of title I of the Elementary and Secondary Education

40 Act of 1965 (20 U.S.C. 2701 et seq.).
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1 § 13506. State administrative costs

2 The Secretary of Education may pay each State educational agency an

3 amount equal to the amount the agency expends in carrying out its duties

4 and powers properly and efficiently under this chapter. However, the total

5 payments for a period may not be more than 1.5 percent of the amount

6 the agency is entitled to receive for the period under this chapter.

7 § 13507. Withholding payments

8 (a) AUTHORITY TO WITHHOLD.—When the Secretary of Education de9 cides that a State educational agency receiving payments under this chapter,

10 or a local educational agency receiving payments from the State educational

11 agency, is not complying with a requirement of this chapter, the Secretary,

12 until satisfied that there is no longer a failure to comply, shall—

13 (1) stop making payments to the State educational agency under this

14 chapter; or

15 (2) prohibit the State educational agency from making payments

16 under this chapter to the local educational agency that is causing, or

17 involved in, the failure.

18 (b) NOTICE AND OPPORTUNITY FOR PROCEEDING.—The Secretary—

19 (1) may act under subsection (a) of this section only after giving the

20 State educational agency reasonable notice and opportunity for a pro21 ceeding; and

22 (2) shall notify the State educational agency of the action the Sec23 retary is taking under subsection (a) of this section.

24 § 13508. Reports

25 (a) REPORTS BY STATE EDUCATIONAL AGENCIES.—Each State edu26 cational agency receiving amounts under this chapter shall submit a report

27 each year to the Secretary of Education on the expenditure of amounts by

28 local educational agencies of the States under this chapter. Each local edu29 cational agency of a State receiving amounts under this chapter shall submit

30 to the State educational agency information necessary for the report.

31 (b) REPORTS BY THE SECRETARY.—The Secretary shall submit a report

32 twice a year to the appropriate committees of Congress about programs

33 under this chapter.

34 § 13509. Authorization and allocation of appropriations

35 (a) AUTHORIZATION OF APPROPRIATIONS.—Necessary amounts may be

36 appropriated for the fiscal year ending September 30, 19l, to make grants

37 under this chapter and to pay for administrative costs under section 13506

38 of this title.

39 (b) ALLOCATIONS OF APPROPRIATIONS.—(1) If the amounts appropriated

40 for a fiscal year to make grants under this chapter are not enough to pay

41 the total amount of the grants to which State educational agencies are enti-
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1 tled under this chapter for the fiscal year, the allocation to each agency

2 shall be ratably reduced so that the total of the allocations is not more than

3 the amounts appropriated.

4 (2) Allocations reduced under paragraph (1) of this subsection shall be

5 increased on the same basis that they were reduced if amounts later become

6 available to make grants under this chapter for the period.

7 CHAPTER 137—STATE LEGALIZATION IMPACT8 ASSISTANCE GRANTS

Sec.

13701. Definitions.

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

10 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.
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1 § 13702. Allotments and allotment uses

2 (a) GENERAL AUTHORITY.—A State may be paid an allotment as pro3 vided under this chapter. The State may use amounts allotted to the State

4 only—

5 (1) to reimburse the costs of programs of public assistance provided

6 for eligible legalized aliens not disqualified under section 9310 of this

7 title when the assistance is provided;

8 (2) to reimburse the costs of programs of public health assistance

9 provided to any alien who is, or who applied before May 5, 1988, to

10 become, an eligible legalized alien;

11 (3) to pay a State educational agency for assisting a local edu12 cational agency in providing educational services for eligible legalized

13 aliens;

14 (4) to pay for public education and outreach (including providing in15 formation to individual applicants, but not including client counseling

16 or another service that would assume responsibility for an alien’s appli17 cation for change of status) to inform aliens lawfully admitted for tem18 porary residence about—

19 (A) the requirements of chapter 93 of this title related to a

20 change of status;

21 (B) sources of assistance for aliens obtaining a change of status,

22 including educational, informational, and referral services, and in23 formation about the rights and responsibilities of those aliens and

24 aliens lawfully admitted for permanent residence;

25 (C) the identification of health, employment, and social services;

26 and

27 (D) the importance of identifying oneself to service providers as

28 an alien lawfully admitted for temporary residence; and

29 (5) to pay for education and outreach efforts by State agencies about

30 unfair discrimination in employment practices because of national ori31 gin or citizenship status, except that State agencies may initiate these

32 efforts only after consulting with the Special Counsel for Immigration33 Related Unfair Employment Practices to ensure, to the maximum ex34 tent possible, a uniform program.

35 (b) DISCRETION TO DISTRIBUTE AMONG USES.—Except as provided by

36 subsection (c) of this section, a State may decide on the distribution of

37 amounts among the uses described by subsection (a) of this section.

38 (c) REQUIRED USE PERCENTAGES.—(1) Except as provided by para39 graphs (2) and (3) of this subsection, of the amounts allotted to a State

40 under this chapter in a fiscal year—
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1 (A) 10 percent shall be used by the State for reimbursement under

2 subsection (a)(1) of this section;

3 (B) 10 percent shall be used by the State for reimbursement under

4 subsection (a)(2) of this section; and

5 (C) 10 percent shall be used by the State for payments under sub6 section (a)(3) of this section.

7 (2) Subject to paragraph (3) of this subsection, a State not requiring all

8 of the 10 percent of an allotted amount for a use described by subsection

9 (a)(1), (2), or (3) of this section for a fiscal year shall distribute the unused

10 amount equally between the other 2 uses described by subsection (a)(1)–(3).

11 (3) Amounts provided under this chapter may not be used to provide re12 imbursement for more than 100 percent of the costs described by subsection

13 (a)(1) or (2) of this section.

14 (4) Of the amounts allotted to a State under this chapter in a fiscal year,

15 the State may not use more than the greater of—

16 (A) one percent or $100,000, for payments under subsection (a)(4)

17 of this section; and

18 (B) one percent or $100,000, for payments under subsection (a)(5)

19 of this section.

20 (d) LIMITATION ON PAYMENTS.—A payment under this chapter—

21 (1) may be made to a State only for costs for assistance of a pro22 gram of public assistance or public health assistance to the extent the

23 assistance otherwise generally is available under the program to citizens

24 residing in the State; and

25 (2) may not be made for costs to the extent the costs otherwise are

26 reimbursed or paid for under another United States Government pro27 gram.

28 (e) APPLICATION OF CHAPTER 135.—Chapter 135 of this title applies to

29 a payment under subsection (a)(3) of this section except that—

30 (1) a reference in chapter 135 to ‘‘immigrant children’’ is deemed

31 to be a reference to ‘‘eligible legalized aliens’’ (including aliens over 16

32 years of age) during the 5-year period beginning with the first month

33 in which such an alien acquires the status of an alien lawfully admitted

34 for temporary residence under this title;

35 (2) in determining a payment for an eligible legalized alien over 16

36 years of age, the exception in section 13501(4) of this title does not

37 apply;

38 (3) the State educational agency may provide educational services to

39 adult eligible legalized aliens through local educational agencies and

40 other public agencies and private nonprofit organizations, including

41 community-based organizations of demonstrated effectiveness; and
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1 (4) the services may include instruction in English and other pro2 grams designed to enable aliens to acquire the citizenship skills de3 scribed by section 20301(a)(7) and (8) of this title.

4 § 13703. Applications and statements about allotments

5 (a) GENERAL REQUIREMENTS.—A State is eligible for payment of an

6 amount allotted under section 13704 of this title only if the State—

7 (1) has filed with the Secretary of Health and Human Services an

8 application containing information, and criteria for and administrative

9 methods of distributing amounts received under this chapter, the Sec10 retary decides is necessary to carry out this chapter;

11 (2) has its application approved by the Secretary; and

12 (3) submits to the Secretary a statement certifying that—

13 (A) amounts allotted to the State under this chapter will be

14 used only as provided under section 13702(a) of this title;

15 (B) the State will decide on, and provide a fair method for, allo16 cating amounts among State and local authorities consistent with

17 subsection (b) of this section and section 13702(c) of this title;

18 and

19 (C) fiscal control and accounting procedures will be established

20 that are adequate to meet the requirements of subsection (b) of

21 this section and sections 13702(d) and 13707 of this title.

22 (b) APPLICATION INFORMATION REQUIREMENTS.—The application of

23 each State under this section for each fiscal year must include detailed in24 formation on—

25 (1) the number of eligible legalized aliens residing in the State; and

26 (2) the costs (excluding costs otherwise paid by the United States

27 Government) that the State and each political subdivision is likely to

28 incur for the purposes described by section 13702(a) of this title.

29 § 13704. Determining and paying allotments

30 (a) PRESCRIBING ALLOTMENT FORMULA.—From amounts appropriated

31 under section 13709(a) of this title for a fiscal year (less the amount re32 served for United States Government administrative costs), the Secretary of

33 Health and Human Services shall allot to each State with an application

34 approved under section 13703(a) of this title an amount determined by a

35 formula, prescribed by the Secretary by regulation, that considers—

36 (1) the number of eligible legalized aliens residing in the State in

37 that fiscal year;

38 (2) the ratio of eligible legalized aliens in the State to—

39 (A) the total number of residents of the State; and

40 (B) the total number of eligible legalized aliens in all States in

41 that fiscal year;
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1 (3) the expenditures the State is likely to incur in that fiscal year

2 in providing assistance for eligible legalized aliens for which reimburse3 ment or payment may be made under this chapter;

4 (4) the ratio of expenditures in the State to expenditures in all

5 States;

6 (5) changes for the difference in prior years between the State’s ac7 tual expenditures incurred in providing assistance for eligible legalized

8 aliens for which reimbursement or payment may be made under this

9 chapter and the allotment provided the State under this chapter for

10 those years; and

11 (6) other factors the Secretary considers appropriate to provide for

12 an equitable distribution of the amounts.

13 (b) ESTIMATING THE NUMBER OF ELIGIBLE LEGALIZED ALIENS.—In

14 determining the number of eligible legalized aliens under subsection (a) of

15 this section, the Secretary may estimate the number of those aliens on the

16 basis of information the Secretary considers appropriate.

17 (c) ADDITIONAL ALLOTMENTS OF UNALLOTTED AMOUNTS.—If all States

18 have not qualified for allotments under this chapter for the fiscal year, or

19 if at least one State has indicated in its description of activities that it does

20 not intend to use, in that fiscal year or in any subsequent fiscal year begin21 ning before October 1, 1994, the complete allotment, amounts appropriated

22 under this chapter for a fiscal year and not allotted to those States shall

23 be allotted among the remaining States in proportion to the amount other24 wise allotted to the remaining States for the fiscal year.

25 (d) MAKING PAYMENTS.—For each fiscal year, the Secretary shall make

26 payments, as provided by section 6503 of title 31, to each State from its

27 allotment under this section. An amount paid to a State for a fiscal year

28 and remaining unobligated at the end of the year remains available to the

29 State in subsequent fiscal years for the purposes for which it was made.

30 However, the amount is not available after September 30, 1994.

31 (e) REALLOTMENT OF UNEXPENDED AMOUNTS.—The Secretary shall

32 reallot amounts not expended by the States before December 31, 1994, to

33 States that expended their complete allotment. Reallotment shall be based

34 on each State’s proportionate share of the total unreimbursed legalized alien

35 costs in all States. Reallotted amounts are not available after June 30,

36 1995.

37 § 13705. Nondiscrimination

38 (a) PROHIBITIONS.—(1) A program or activity receiving financial assist39 ance made available under this chapter is a program or activity receiving

40 financial assistance from the United States Government in applying—

41 (A) the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.);
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1 (B) section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794);

2 (C) title IX of the Education Amendments of 1972 (20 U.S.C. 1681

3 et seq.); or

4 (D) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et

5 seq.).

6 (2) A person may not be excluded, because of sex or religion, from par7 ticipating in, denied a benefit of, or discriminated against under, a program

8 or activity receiving financial assistance made available under this chapter.

9 (b) VIOLATION NOTICES AND COMPLIANCE REQUESTS.—When the Sec10 retary of Health and Human Services finds that a State or political subdivi11 sion receiving a payment from an allotment under this chapter is not com12 plying with a law referred to in subsection (a)(1) of this section, with sub13 section (a)(2) of this section, or with an applicable regulation (including a

14 regulation prescribed to carry out subsection (a)(2)), the Secretary shall no15 tify the chief executive officer of the State and shall request the chief execu16 tive officer to secure compliance by the State or political subdivision.

17 (c) ADMINISTRATIVE ACTIONS.—If within a reasonable time (but not

18 more than 60 days after providing notice under subsection (b) of this sec19 tion) the chief executive officer does not secure compliance, the Secretary

20 may—

21 (1) refer the matter to the Attorney General with a recommendation

22 that a civil action be brought;

23 (2) act under the Age Discrimination Act of 1975 (42 U.S.C. 6101

24 et seq.), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794),

25 or title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.),

26 as the case may be; or

27 (3) take other action provided by law.

28 (d) CIVIL ACTIONS.—The Attorney General may bring a civil action in

29 an appropriate district court of the United States for appropriate relief

30 when—

31 (1) a matter is referred to the Attorney General under subsection

32 (c)(1) of this section; or

33 (2) the Attorney General believes the program or activity receiving

34 financial assistance made available under this chapter is engaged in a

35 pattern or practice in violation of—

36 (A) a law referred to in subsection (a)(1) of this section; or

37 (B) subsection (a)(2) of this section.

38 § 13706. Consultation with State and local officials

39 In establishing regulations and guidelines to carry out this chapter, the

40 Secretary of Health and Human Services shall consult with representatives

41 of State governments and political subdivisions.
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1 § 13707. Reports and audits

2 (a) STATE ANNUAL REPORTS.—Each State shall submit to the Secretary

3 of Health and Human Services an annual report on its activities under this

4 chapter. To evaluate properly and compare the performance of different

5 States provided assistance under this chapter and to ensure the proper ex6 penditure of amounts under this chapter, the report shall be in the form

7 and contain information the Secretary decides (after consulting with the

8 States and the Comptroller General) is necessary—

9 (1) to provide an accurate description of the activities;

10 (2) to provide a complete record of the purposes for which amounts

11 were expended and of the recipients of the amounts; and

12 (3) to establish the extent to which amounts were expended consist13 ent with this chapter.

14 (b) ANNUAL REPORTS BY SECRETARY.—The Secretary—

15 (1) shall report annually to Congress on activities for which amounts

16 are provided under this chapter; and

17 (2) shall submit a copy of the report to each State.

18 (c) AUDITS.—(1) Audits shall be conducted as provided under chapter 75

19 of title 31.

20 (2) Amounts allotted to a State but not expended consistent with this

21 chapter—

22 (A) shall be repaid by the State to the United States Government;

23 or

24 (B) may be offset by the Secretary against any other amount to

25 which the State is or may become entitled under this chapter.

26 (3) After notice and an opportunity for a proceeding, the Secretary may

27 withhold payment of amounts to a State not using its allotment as provided

28 under this chapter. The Secretary may withhold the amounts until the Sec29 retary finds that the reason for withholding no longer exists and there is

30 reasonable assurance that it will not recur.

31 (d) RECORDS.—(1) To evaluate and review assistance provided under this

32 chapter, a record related to the assistance that is in the possession, custody,

33 or control of a State, a political subdivision of a State, or a grantee of a

34 State or political subdivision shall be made available to the Secretary and

35 the Comptroller General.

36 (2) A State, political subdivision, or grantee is not required to create or

37 prepare new records to comply with paragraph (1) of this subsection.

38 (e) AVAILABILITY OF REPORTS AND AUDITS.—(1) A State shall make

39 copies of each report and audit required under this section available for

40 public inspection within the State.
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1 (2) On request, a copy of the annual report required by subsection (a)

2 of this section shall be provided to any interested public agency. Each agen3 cy may submit its views on the report to Congress.

4 § 13708. Criminal penalties

5 A person shall be fined under title 18, imprisoned for not more than 5

6 years, or both, if the person—

7 (1) knowingly and willfully makes or causes to be made a false state8 ment or misrepresentation of a material fact related to providing assist9 ance or services for which payment may be made by a State from

10 amounts allotted to the State under this chapter; or

11 (2) knowing of the occurrence of an event affecting the initial or con12 tinued right to a payment, conceals or does not disclose the event with

13 an intent to receive payment fraudulently—

14 (A) in a greater amount than is due; or

15 (B) when no payment is authorized.

16 § 13709. Appropriations

17 (a) ANNUAL APPROPRIATION.—For the fiscal year ending September 30,

18 1994, there is appropriated $812,000,000 to carry out this chapter for costs

19 incurred after September 30, 1989, including United States Government,

20 State government, and political subdivision administrative costs.

21 (b) CHANGES IN APPROPRIATED AMOUNTS.—(1) Except as provided by

22 paragraphs (2) and (3) of this subsection, the amount appropriated for a

23 fiscal year is decreased by the amount estimated to be expended by the Gov24 ernment in that year (as contained in the annual budget submitted by the

25 President to Congress for that year) for programs of financial assistance,

26 medical assistance, and assistance under the Food Stamp Act of 1977 (7

27 U.S.C. 2011 et seq.) for aliens eligible for assistance under section

28 9310(a)(1) of this title only because of section 9310(a)(3) and (b) of this

29 title.

30 (2) The amount estimated under paragraph (1) of this section shall ex31 clude an amount attributable to supplemental security benefits paid under

32 title XVI of the Social Security Act (42 U.S.C. 1381 et seq.) or medical

33 assistance provided under a State plan approved under title XIX of the So34 cial Security Act (42 U.S.C. 1396 et seq.) for—

35 (A) an alien who the Secretary of Health and Human Services de36 cides, based on an application filed before May 5, 1988, for benefits

37 under section 212 of the Act of July 9, 1973 (42 U.S.C. 1382 (note))

38 or title XVI, is—

39 (i) residing permanently in the United States under color of law

40 as provided by section 1614(a)(1)(B)(ii) of the Social Security Act

41 (42 U.S.C. 1382c(a)(1)(B)(ii)); and
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1 (ii) eligible to receive the benefits under section 212 or title XVI

2 for April, 1988; and

3 (B) as long as the alien continues without interruption to be eligible

4 to receive the benefits under section 212 or title XVI.

5 (3) If expenditures by the Government (as described by paragraph (1) of

6 this subsection) for a fiscal year are more than, or less than, the amount

7 estimated to be expended for that year under paragraph (1) (considering

8 any change under this paragraph), the amount described by this section for

9 the next fiscal year shall be decreased or increased, respectively, by the

10 amount of the excess or deficit for the prior fiscal year.

11 CHAPTER 139—REIMBURSEMENT FOR COSTS OF

12 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.

13 § 13901. Payment of costs of imprisoning certain Cuban na14 tionals

15 (a) PAYMENTS TO STATES AND COUNTIES.—The Attorney General shall

16 pay a State or county for costs incurred by the State or county in imprison17 ing, during the fiscal year for which payment is made, a Cuban national

18 who—

19 (1) was paroled into the United States in 1980 by the Attorney Gen20 eral;

21 (2) after being paroled, violated a State or county law for which a

22 term of imprisonment was imposed; and

23 (3) at the time of the parole and violation, was not lawfully admitted

24 for permanent residence or not admitted under an immigrant or non25 immigrant visa issued under this title.

26 (b) APPLICATIONS FOR PAYMENTS.—For a State or county to be paid

27 under this section, the chief executive officer of the State or county shall

28 submit an application to the Attorney General, under regulations prescribed

29 by the Attorney General. The application shall contain—

30 (1) the number and names of Cuban nationals for whose imprison31 ment the State or county is entitled to be paid; and

32 (2) other information the Attorney General requires.

33 (c) REDUCTION IF APPROPRIATIONS INSUFFICIENT.—For each fiscal

34 year, the Attorney General shall make payment under this section to States

35 and counties the Attorney General decides are eligible under this section.

36 However, if amounts appropriated for the fiscal year to carry out this sec37 tion are not sufficient to make all payments, each payment shall be ratably

38 reduced so that the total of the payments equals the amount appropriated.
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1 (d) POLICY ON RETURN OF CUBAN NATIONALS.—It is the policy of the

2 United States Government that the President, in consultation with the At3 torney General, other appropriate officials of the United States Government,

4 and appropriate State and county chief executive officers referred to in sub5 section (b) of this section, shall place top priority on seeking the expeditious

6 removal from the United States and return by any responsible means to

7 Cuba of Cuban nationals described by subsection (a) of this section.

8 § 13902. Reimbursement of costs of imprisoning certain

9 Cuban nationals and illegal aliens

10 The Attorney General shall reimburse a State for costs incurred by the

11 State in imprisoning any of the following Cuban nationals and illegal aliens

12 convicted by the State of a felony:

13 (1) a Cuban national who—

14 (A) was paroled into the United States in 1980 by the Attorney Gen15 eral;

16 (B) after being paroled, violated a State or local law for which a

17 term of imprisonment was imposed; and

18 (C) at the time of parole and violation, was not lawfully admitted

19 for permanent or temporary residence or not admitted under an immi20 grant or nonimmigrant visa issued under this title.

21 (2) an illegal alien who is in the United States unlawfully and—

22 (A) whose most recent entry into the United States was without in23 spection; or

24 (B) who was admitted to the United States as a nonimmigrant and

25 whose—

26 (i) period of authorized stay as a nonimmigrant expired before

27 the date of committing the crime for which the illegal alien was

28 convicted; or

29 (ii) unlawful status was known to the United States Govern30 ment before the date of committing the crime for which the alien

31 was convicted.

32 § 13903. Limitation

33 The Attorney General may expend amounts under this chapter in a fiscal

34 year only to the extent and in the amount provided in advance by an appro35 priation law.

36 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
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1 CHAPTER 201—CITIZENSHIP AND NATIONALITY AT

2 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.

3 § 20101. Individuals born in the United States

4 (a) CITIZEN AT BIRTH.—The following individuals are citizens of the

5 United States at birth:

6 (1) an individual born in, and subject to the jurisdiction of, the

7 United States.

8 (2) an individual born in the United States to a member of an In9 dian, Eskimo, Aleutian, or other aboriginal tribe.

10 (b) PROPERTY RIGHTS NOT AFFECTED.—Subsection (a)(2) of this sec11 tion does not affect property rights.

12 § 20102. Individuals born in American Samoa

13 (a) CITIZEN AT BIRTH.—An individual born in American Samoa is a citi14 zen of the United States at birth if one of the individual’s parents is a citi15 zen of the United States who was physically present in the United States

16 or American Samoa for at least one continuous year before the individual’s

17 birth.

18 (b) NATIONAL, BUT NOT CITIZEN, AT BIRTH.—An individual born in

19 American Samoa who is not a citizen of the United States at birth under

20 subsection (a) of this section is a national, but not a citizen, of the United

21 States at birth.

22 § 20103. Individuals found in the United States or American

23 Samoa

24 (a) CITIZEN AT BIRTH.—An individual of unknown parents found in the

25 United States before becoming 5 years of age is a citizen of the United

26 States at birth unless shown, before the individual becomes 21 years of age,

27 that the individual was not born in the United States.

28 (b) NATIONAL, BUT NOT CITIZEN, AT BIRTH.—An individual of unknown

29 parents found in American Samoa before becoming 5 years of age is a na30 tional, but not a citizen, of the United States at birth unless shown, before

31 the individual becomes 21 years of age, that the individual was not born

32 in American Samoa.
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1 § 20104. Individuals born outside the United States and

2 American Samoa

3 (a) CITIZEN AT BIRTH.—An individual born outside the United States

4 and American Samoa is a citizen of the United States at birth if—

5 (1) both parents are citizens of the United States and at least one

6 parent had a residence in the United States or American Samoa before

7 the individual’s birth;

8 (2) one parent is a national, but not a citizen, of the United States

9 and the other parent is a citizen of the United States who was phys10 ically present in the United States or American Samoa for at least one

11 continuous year before the individual’s birth; or

12 (3) one parent is an alien and the other parent is a citizen of the

13 United States who, before the individual’s birth, was physically present

14 in the United States or American Samoa for at least 5 years, at least

15 2 of which were after the citizen parent became 14 years of age.

16 (b) NATIONAL, BUT NOT CITIZEN, AT BIRTH.—(1) An individual born

17 outside the United States and American Samoa is a national, but not a citi18 zen, of the United States at birth if—

19 (A) both parents are nationals, but not citizens, of the United States

20 who had a residence in the United States or American Samoa before

21 the individual’s birth; or

22 (B) one parent is an alien and the other parent is a national, but

23 not a citizen, of the United States who, before the individual’s birth,

24 was physically present in the United States or American Samoa for at

25 least 7 years in any continuous 10–year period—

26 (i) during which the national parent was not outside the United

27 States and American Samoa for more than one continuous year;

28 and

29 (ii) at least 5 years of which were after the national parent be30 came 14 years of age.

31 (2) An individual born before August 27, 1986, is a national, but not a

32 citizen, of the United States under paragraph (1)(B) of this subsection only

33 as of the date the individual satisfies the Secretary of State that the individ34 ual meets the requirements of paragraph (1)(B).

35 (c) TIME OUTSIDE THE UNITED STATES INCLUDED IN PERIOD OF PRES36 ENCE.—In subsections (a)(3) and (b)(1)(B) of this section, the period of

37 physical presence includes, for an individual born after December 23, 1952,

38 any period the citizen parent or national parent spent outside the United

39 States and American Samoa—
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1 (1) honorably serving in the armed forces of the United States or

2 employed by the United States Government or an international organi3 zation; or

4 (2) as a dependent unmarried son or daughter and member of the

5 household of an individual honorably serving in the armed forces or em6 ployed by the Government or an international organization.

7 (d) INDIVIDUAL BORN BETWEEN 1941 AND 1952.—Subsection (a)(3) of

8 this section also applies to an individual if—

9 (1) the individual was born outside the United States and American

10 Samoa after January 12, 1941, and before December 24, 1952;

11 (2) one of the individual’s parents is a citizen of the United States

12 who served in the armed forces of the United States after December

13 31, 1946, and before December 24, 1952; and

14 (3) the individual did not become a citizen under section 201(g) or

15 (i) of the Nationality Act of 1940.

16 § 20105. Individuals born out of wedlock

17 (a) NATIONALITY AT BIRTH THROUGH MOTHER.—An individual born out

18 of wedlock outside the United States after December 23, 1952, is—

19 (1) a citizen of the United States at birth if the mother is a citizen

20 of the United States who was physically present in the United States

21 or American Samoa for at least one continuous year before the individ22 ual’s birth; or

23 (2) a national, but not a citizen, of the United States at birth if the

24 mother is a national, but not a citizen, of the United States who was

25 physically present in the United States or American Samoa for at least

26 one continuous year before the individual’s birth.

27 (b) NATIONALITY AT BIRTH THROUGH FATHER.—(1) Sections 20102(a)

28 and 20104(a) and (b)(1)(A) of this title apply to an individual born out of

29 wedlock after December 23, 1952, if—

30 (A) a blood relationship between the individual and the father is es31 tablished by clear and convincing evidence;

32 (B) the father—

33 (i) is a citizen of the United States or a national, but not a citi34 zen, of the United States when the individual is born; and

35 (ii) if alive when the individual is born, agrees in writing to pro36 vide financial support for the individual until the individual is 18

37 years of age; and

38 (C) before the individual becomes 18 years of age—

39 (i) the individual is legitimated under the law of the individual’s

40 residence or domicile;

41 (ii) the father acknowledges paternity in writing under oath; or
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1 (iii) a court of competent jurisdiction establishes paternity.

2 (2) Section 20104(a)(3) of this title applies to an individual born out of

3 wedlock after January 12, 1941, and before December 24, 1952, if pater4 nity is established and the individual is legitimated before becoming 21

5 years of age.

6 § 20106. Individuals born in the Republic of Panama or the

7 Canal Zone

8 (a) INDIVIDUAL BORN IN REPUBLIC OF PANAMA.—An individual born in

9 the Republic of Panama—

10 (1) after February 25, 1904, and before August 4, 1937, is a citizen

11 of the United States as of August 4, 1937, if one parent was a citizen

12 of the United States employed by the United States Government or the

13 Panama Canal Commission when the individual was born; or

14 (2) after August 3, 1937, is a citizen of the United States at birth

15 if one parent is a citizen of the United States employed by the Govern16 ment or the Panama Canal Commission or its successor when the indi17 vidual is born.

18 (b) INDIVIDUAL BORN IN CANAL ZONE.—An individual born in the Canal

19 Zone—

20 (1) after February 25, 1904, and before August 4, 1937, is a citizen

21 of the United States as of August 4, 1937, if one parent was a citizen

22 of the United States when the individual was born; or

23 (2) after August 3, 1937, and before October 1, 1979, is a citizen

24 of the United States at birth if one parent was a citizen of the United

25 States when the individual was born.

26 § 20107. Noncitizen Indians born in Alaska after March 29,

27 1867, and before June 2, 1924

28 A noncitizen Indian born in Alaska after March 29, 1867, and before

29 June 2, 1924, is a citizen of the United States as of June 2, 1924.

30 § 20108. Citizens of the Republic of Hawaii and individuals

31 born in Hawaii after August 11, 1898, and before

32 April 30, 1900

33 The following individuals are citizens of the United States as of April 30,

34 1900:

35 (1) a citizen of the Republic of Hawaii on August 12, 1898.

36 (2) an individual born in Hawaii after August 11, 1898, and before

37 April 30, 1900.

38 § 20109. Individuals residing in or born in Guam after April

39 10, 1899, and before August 1, 1950

40 (a) CITIZENSHIP.—Except as provided by this section, the following indi41 viduals are citizens of the United States as of August 1, 1950:
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1 (1) a Spanish subject or an individual born in Guam who resided in

2 Guam on April 11, 1899, and continued to reside in the United States

3 or a territory or possession of the United States through August 1,

4 1950.

5 (2) an individual born after April 11, 1899, and before August 1,

6 1950, of parents who are citizens under clause (1) of this subsection.

7 (3) an individual born in Guam after April 10, 1899, and before Au8 gust 1, 1950, and subject to the jurisdiction of the United States.

9 (b) INDIVIDUAL WHO TOOK AFFIRMATIVE STEP TO PRESERVE OR AC10 QUIRE NATIONALITY OF A FOREIGN COUNTRY.—Subsection (a) of this sec11 tion does not apply to an individual who took an affirmative step to preserve

12 or acquire the nationality of a foreign country before August 1, 1950.

13 (c) INDIVIDUAL WHO DECLARED DESIRE TO REMAIN A NATIONAL OF

14 A FOREIGN COUNTRY.—An individual under this section who was a national

15 of a foreign country before August 1, 1950, and who declared under oath

16 before August 1, 1952, in a way prescribed by the Attorney General, a de17 sire to remain a national of the foreign country is not a national of the

18 United States as of the date the declaration is made.

19 § 20110. Individuals born in Puerto Rico after April 10, 1899,

20 and before January 13, 1941

21 An individual is a citizen of the United States as of January 13, 1941,

22 if the individual was—

23 (1) born in Puerto Rico after April 10, 1899, and before January

24 13, 1941;

25 (2) subject to the jurisdiction of the United States; and

26 (3) residing in the United States or a territory or possession of the

27 United States on January 13, 1941.

28 § 20111. Individuals born in or residing in the Virgin Islands

29 after January 17, 1917, and before June 28, 1932

30 The following individuals are citizens of the United States as of February

31 25, 1927:

32 (1) an individual born in the Virgin Islands who—

33 (A) resided in the Virgin Islands on January 17, 1917, resided

34 in the United States on February 25, 1927, and was not a citizen

35 or subject of a foreign country on February 25, 1927;

36 (B) resided in the United States on January 17, 1917, resided

37 in the Virgin Islands on February 25, 1927, and was not a citizen

38 or subject of a foreign country on February 25, 1927;

39 (C) resided in the continental United States or a territory or

40 possession of the United States on June 28, 1932, and was not

41 a citizen or subject of a foreign country on June 28, 1932; or
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1 (D) after January 16, 1917, and before February 25, 1927, was

2 subject to the jurisdiction of the United States.

3 (2) a citizen of Denmark who—

4 (A) resided in the Virgin Islands on January 17, 1917;

5 (B) resided in the United States on February 25, 1927; and

6 (C) did not make the declaration to preserve Danish citizenship

7 under article 6 of the treaty of August 4, 1916, between the

8 United States and Denmark, or made the declaration and re9 nounced it, or renounces it by a declaration before a court of

10 record.

11 (3) an individual born after January 17, 1917, and before February

12 25, 1927, of parents who are citizens of the United States under clause

13 (1) or (2) of this section.

14 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. Children adopted before becoming 16 years of age by a citizen parent.

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.

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. Women who lost citizenship through marriage.

20318. Nationals residing in American Samoa.

20319. 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.

15 SUBCHAPTER I—ELIGIBILITY

16 § 20301. General requirements

17 (a) NATURALIZATION REQUIREMENTS.—Except as otherwise provided, an

18 individual may be naturalized as a citizen of the United States only if the

19 individual satisfies the following requirements:

20 (1) The individual must be at least 18 years of age when filing an

21 application for naturalization.

22 (2) The individual must be lawfully admitted for permanent resi23 dence.
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1 (3) The individual must have resided in the United States, after

2 being lawfully admitted for permanent residence, continuously for at

3 least 5 years immediately before filing the application.

4 (4) The individual must have been physically present in the United

5 States for at least half of the 5 years immediately before filing the ap6 plication.

7 (5) The individual must have resided in the State or district of the

8 Immigation and Naturalization Service in the United States in which

9 the application is filed for at least 3 months immediately before filing

10 the application.

11 (6) The individual must reside in the United States continuously

12 from the date of filing the application through the time the individual

13 is naturalized.

14 (7) The individual must be able to demonstrate an understanding of

15 the English language, including the ability to speak words in ordinary

16 usage and the ability to read and write simple words and phrases in

17 ordinary usage, without extraordinary or unreasonable conditions being

18 required. This paragraph does not apply to an individual who—

19 (A) is physically unable to satisfy this paragraph; or

20 (B) on the date the application is filed—

21 (i) is at least 50 years of age and has lived in the United

22 States for at least 20 years after being lawfully admitted for

23 permanent residence; or

24 (ii) is at least 55 years of age and has lived in the United

25 States for at least 15 years after being lawfully admitted for

26 permanent residence.

27 (8) The individual must be able to demonstrate knowledge and un28 derstanding of the fundamentals of the history, and of the principles

29 and form of government, of the United States.

30 (9) The individual must have been of good moral character, attached

31 to the principles of the Constitution, and well disposed to the good

32 order and happiness of the United States for at least 5 years imme33 diately before filing the application, and remain so from the date of fil34 ing the application through the time the individual is naturalized.

35 (b) CONDUCT MORE THAN 5 YEARS BEFORE APPLICATION FILED.—

36 Conduct more than 5 years before an application is filed may be considered

37 in deciding whether an individual satisfies the requirements of subsection

38 (a)(9) of this section.

39 (c) TEMPORARY ABSENCES.—(1) An absence from the United States of

40 not more than 6 months does not break the continuity of residence required

41 under subsection (a) of this section.
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1 (2) An absence of more than 6 months but less than one year breaks the

2 continuity of residence, unless the individual satisfies the Attorney General

3 that the individual did not abandon residence in the United States during

4 the absence.

5 (3) Except as otherwise provided, an absence of one year breaks the con6 tinuity of residence.

7 (d) PROHIBITION ON DISCRIMINATION.—The right of an individual to be

8 naturalized as a citizen of the United States may not be denied or abridged

9 because of race or sex or because the individual is married.

10 § 20302. Temporary absences for certain employment

11 (a) RESIDENCE.—An individual temporarily absent from the United

12 States (even though for a year or more) is deemed to be residing in the

13 United States under section 20301(a)(3) and (6) of this title during the ab14 sence if—

15 (1) the individual has resided and been physically present in the

16 United States, after being lawfully admitted for permanent residence,

17 continuously for at least one year;

18 (2) after the one-year period described by clause (1) of this sub19 section—

20 (A) the individual is employed by or under a contract with the

21 United States Government;

22 (B) the individual is employed by or under a contract with, and

23 carrying out scientific research for, a United States research insti24 tution recognized by the Attorney General;

25 (C)(i) the individual is employed by a United States firm or cor26 poration developing foreign trade and commerce of the United

27 States, or by a subsidiary of the firm or corporation more than

28 50 percent of the stock of which is owned by the firm or corpora29 tion; and

30 (ii) the individual is developing foreign trade and commerce of

31 the United States or the individual’s residence outside the United

32 States is necessary to protect the property rights of the firm or

33 corporation in a foreign country; or

34 (D) the individual—

35 (i) is employed by a public international organization of

36 which the United States is a member by treaty or law; and

37 (ii) was not employed by the organization until after being

38 lawfully admitted for permanent residence;

39 (3) before beginning the employment and before the end of one year

40 of continuous absence from the United States, the individual satisfies
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1 the Attorney General that the absence will be for a purpose described

2 by clause (2) of this subsection; and

3 (4) the individual satisfies the Attorney General that the absence

4 was for the purpose for which the absence was approved.

5 (b) PHYSICAL PRESENCE.—(1) Except as provided by paragraph (2) of

6 this subsection, an individual satisfying subsection (a) of this section still

7 must satisfy the physical presence requirement of section 20301(a)(4) of

8 this title.

9 (2) An individual employed by or under a contract with the Government

10 and satisfying subsection (a) of this section does not have to satisfy the

11 physical presence requirement of section 20301(a)(4) of this title.

12 (3) An individual employed by or under a contract with the Central Intel13 ligence Agency may satisfy the physical presence requirement of subsection

14 (a)(1) of this section by physical presence at any time before filing the ap15 plication for naturalization.

16 (c) SPOUSES, UNMARRIED SONS, AND UNMARRIED DAUGHTERS.—A

17 spouse, unmarried son, or unmarried daughter of an individual satisfying

18 subsection (a) of this section is entitled to the same benefits under sub19 section (a) as the individual during the period the spouse, son, or daughter

20 resided outside the United States as a dependent member of the household

21 of the individual.

22 § 20303. Temporary absences to perform religious functions

23 An individual temporarily absent from the United States is deemed to be

24 residing and physically present in the United States under section

25 20301(a)(3), (4), and (6) of this title during the absence if the individual—

26 (1) has resided and been physically present in the United States,

27 after being lawfully admitted for permanent residence, continuously for

28 at least one year before filing the application for naturalization;

29 (2)(A) is authorized to perform the ministerial or priestly functions

30 of a religious denomination having an organization in the United

31 States; or

32 (B) is serving only as a missionary, brother, nun, or sister of a reli33 gious denomination or an interdenominational mission organization

34 having an organization in the United States; and

35 (3) satisfies the Attorney General that the absence was only to per36 form the functions or service described by clause (2) of this section.

37 § 20304. Individuals married to citizens of the United States

38 (a) GENERAL.—An individual married to a citizen of the United States

39 may be naturalized without regard to section 20301(a)(3) or (4) of this title

40 if the individual—
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1 (1) resided in the United States, after being lawfully admitted for

2 permanent residence, continuously for at least 3 years immediately be3 fore filing the application for naturalization;

4 (2) lived in marriage with the citizen spouse for the 3-year period,

5 with the spouse being a citizen during all of that period; and

6 (3) was physically present in the United States for at least half of

7 the 3-year period.

8 (b) CITIZEN SPOUSES EMPLOYED OUTSIDE UNITED STATES.—An indi9 vidual married to a citizen of the United States may be naturalized without

10 regard to section 20301(a)(3)–(6) of this title if—

11 (1) the citizen spouse is—

12 (A) employed by the United States Government;

13 (B) employed by a United States research institution recognized

14 by the Attorney General;

15 (C) employed by a United States firm or corporation developing

16 foreign trade and commerce of the United States or by a subsidi17 ary of the firm or corporation;

18 (D) employed by a public international organization of which

19 the United States is a member by treaty or law;

20 (E) authorized to perform the ministerial or priestly functions

21 of a religious denomination having an organization in the United

22 States; or

23 (F) serving only as a missionary of a religious denomination or

24 an interdenominational mission organization having an organiza25 tion in the United States;

26 (2) the citizen spouse is regularly stationed outside the United States

27 in the employment or activity described by clause (1) of this subsection;

28 (3) the individual declares in good faith to the Attorney General an

29 intention to reside in the United States immediately after the employ30 ment or activity of the citizen spouse outside the United States ends;

31 and

32 (4) the individual is in the United States at the time of naturaliza33 tion.

34 (c) SURVIVING SPOUSES OF CITIZENS IN ARMED FORCES.—(1) An indi35 vidual may be naturalized without regard to section 20301(a)(3)–(6) of this

36 title if—

37 (A) the individual is the surviving spouse of a citizen of the United

38 States who died when serving honorably on active duty in the armed

39 forces of the United States; and

40 (B) the individual and the citizen spouse were living in marriage at

41 the time of the death.
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1 (2) This subsection does not apply to an individual who is the surviving

2 spouse of a citizen granted citizenship posthumously under section 20314

3 of this title.

4 § 20305. Children born of an alien parent and a citizen par5 ent

6 (a) GENERAL.—A child born outside the United States, one of whose par7 ents at the time of the child’s birth was an alien and the other of whose

8 parents at the time of the child’s birth was a citizen of the United States

9 and remains a citizen, is naturalized as a citizen of the United States when

10 the following events occur, if they occur before the child becomes 18 years

11 of age:

12 (1) the alien parent is naturalized.

13 (2) the child begins residing in the United States after being lawfully

14 admitted for permanent residence.

15 (b) ADOPTED CHILD.—Subsection (a) of this section applies to an adopt16 ed child only if the child, at the time of the naturalization of the alien par17 ent, is—

18 (1) in the custody of the adoptive parents; and

19 (2) residing in the United States after being lawfully admitted for

20 permanent residence.

21 § 20306. Children born of alien parents or a parent who lost

22 citizenship

23 (a) GENERAL.—A child born outside the United States of alien parents,

24 or of one alien parent and one parent who was a citizen of the United

25 States at the time of the child’s birth but later lost citizenship, is natural26 ized as a citizen of the United States when the following events occur, if

27 they before the child becomes 18 years of age:

28 (1)(A) both parents are naturalized;

29 (B) the surviving parent is naturalized if one parent is deceased;

30 (C) the parent with legal custody is naturalized if the parents are

31 legally separated; or

32 (D) the mother is naturalized if the child was born out of wedlock

33 and paternity is not established by legitimation.

34 (2) the child begins residing in the United States after being lawfully

35 admitted for permanent residence.

36 (b) ADOPTED CHILD.—Subsection (a) of this section applies to an adopt37 ed child only if the child, at the time of the naturalization of the alien par38 ent or parents, is—

39 (1) in the custody of the adoptive parents; and

40 (2) residing in the United States after being lawfully admitted for

41 permanent residence.
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1 § 20307. Children having a citizen parent at time of applica2 tion

3 (a) GENERAL.—A child born outside the United States, one or both of

4 whose parents is a citizen of the United States at the time the citizen par5 ent files an application for naturalization of the child, may be naturalized

6 without regard to section 20301(a)(3), (4), or (6)–(8) of this title if the

7 child is—

8 (1) less than 18 years of age; and

9 (2) residing in the United States with that citizen parent after being

10 lawfully admitted for permanent residence.

11 (b) CHILD OF TENDER YEARS.—A child of tender years for whom an ap12 plication is filed under subsection (a) of this section is deemed to satisfy

13 section 20301(a)(9) of this title.

14 (c) ADOPTED CHILD.—(1) This section applies to an adopted child only

15 if the child is also in the custody of the adoptive parent or parents.

16 (2) An adopted child whose parent applies for naturalization of the child

17 under this section may be naturalized without regard to section 20301(a)(5)

18 of this title if—

19 (A) the adoptive citizen parent—

20 (i) is regularly stationed outside the United States in an em21 ployment or activity described by section 20304(b)(1) of this title;

22 and

23 (ii) declares in good faith to the Attorney General an intention

24 to reside in the United States immediately after the employment

25 or activity ends; and

26 (B) the child is in the United States at the time of naturalization.

27 § 20308. Children adopted before becoming 16 years of age

28 by a citizen parent

29 A child born outside the United States and adopted by a citizen of the

30 United States may be naturalized without regard to section 20301(a) of this

31 title, on application by the adoptive citizen parent, if the Attorney General

32 is satisfied that—

33 (1) the applicant is a citizen of the United States, and if the appli34 cant is married, the applicant’s spouse is a citizen of the United States;

35 (2) the child was adopted before becoming 16 years of age by a citi36 zen parent;

37 (3) the child is less than 18 years of age;

38 (4) the child is in the custody of the applicant;

39 (5) the child is residing in the United States after being lawfully ad40 mitted for permanent residence; and

41 (6) the child is in the United States at the time of naturalization.
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1 § 20309. Individuals employed by United States nonprofit or2 ganizations disseminating information

3 An individual may be naturalized without regard to section 20301(a)(3)–

4 (6) of this title if the individual—

5 (1) is employed by a nonprofit organization incorporated in the Unit6 ed States that is principally engaged outside the United States in dis7 seminating, through communication media, information significantly

8 promoting United States interests outside the United States and that

9 is recognized by the Attorney General;

10 (2) has been employed by the organization continuously for at least

11 5 years after being lawfully admitted for permanent residence;

12 (3) files the application for naturalization when employed by the or13 ganization or within 6 months after ending the employment;

14 (4) is in the United States at the time of naturalization; and

15 (5) declares in good faith to the Attorney General an intention to

16 reside in the United States immediately after the employment ends.

17 § 20310. Individuals making extraordinary contributions to

18 the security of the United States

19 (a) RESIDENCE AND PHYSICAL PRESENCE.—(1) An individual may be

20 naturalized without regard to section 20301(a)(3)–(6) of this title if—

21 (A) the Director of Central Intelligence, the Attorney General, and

22 the Commissioner of Immigration and Naturalization decide that the

23 individual has made an extraordinary contribution to the security of the

24 United States or to the conduct of United States intelligence activities;

25 and

26 (B) the individual resides in the United States continuously for at

27 least one year before being naturalized.

28 (2) This section does not apply to an individual described by section

29 6537(e)(2) of this title.

30 (b) NONAPPLICATION OF CERTAIN GROUNDS OF INELIGIBILITY.—Section

31 20331 of this title does not apply to an individual described by subsection

32 (a) of this section.

33 (c) PROCEDURE.—A proceeding under this section shall be conducted in

34 a way consistent with the protection of intelligence sources, methods, and

35 activities.

36 (d) NUMERICAL LIMIT.—Not more than 5 individuals may be naturalized

37 in a fiscal year under this section.

38 (e) NOTICE TO CONGRESSIONAL COMMITTEES.—The Director shall in39 form the Select Committee on Intelligence and the Committee on the Judici40 ary of the Senate and the Permanent Select Committee on Intelligence and
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1 the Committee on the Judiciary of the House of Representatives within a

2 reasonable time before an application is filed under this section.

3 § 20311. Individuals with service on American vessels

4 (a) DEFINITION.—In this section, ‘‘American vessel’’ means a vessel

5 that—

6 (1) is owned and operated by the United States Government; or

7 (2)(A) has its home port in the United States; and

8 (B)(i) is documented under chapter 121 of title 46; or

9 (ii) is owned by a citizen of the United States or a corporation orga10 nized under the laws of a State.

11 (b) RESIDENCE AND PHYSICAL PRESENCE.—An individual serving honor12 ably or with good conduct in any capacity (except as a member of the armed

13 forces of the United States) on an American vessel is deemed to be residing

14 and physically present in the United States under section 20301(a)(3), (4),

15 and (6) of this title during the period of service if the service is—

16 (1) after the individual has been lawfully admitted for permanent

17 residence; and

18 (2) within 5 years immediately before the date the individual files

19 an application for naturalization.

20 (c) PROOF OF SERVICE ON VESSEL.—Service on a vessel described by

21 subsection (a)(1) of this section shall be proved by a certificate from the

22 executive agency having custody of the records of the service. Service on a

23 vessel described by subsection (a)(2) of this section may be proved by a cer24 tificate from the master of the vessel.

25 § 20312. Individuals with 3 years of service in the armed

26 forces

27 (a) RESIDENCE AND PHYSICAL PRESENCE.—(1) Except as provided by

28 paragraph (2) of this subsection, an individual may be naturalized without

29 regard to section 20301(a)(3)–(5) of this title if the individual—

30 (A) has served honorably in the armed forces of the United States

31 for periods totaling at least 3 years;

32 (B) has never been discharged from the service except honorably;

33 and

34 (C) files an application for naturalization when still in the service or

35 within 6 months after being discharged from the service.

36 (2) If the service was not continuous, the individual must establish the

37 individual’s residence in the United States and the State or district of the

38 Immigration and Naturalization Service in the United States in which the

39 application is filed for—

40 (A) any period between periods of service during the 5 years imme41 diately before filing the application; and
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1 (B) any period between the end of the individual’s service and the

2 filing of the application.

3 (b) PROOF OF HONORABLE SERVICE.—(1) Before a hearing on the indi4 vidual’s application, the individual shall provide the Attorney General with

5 a certificate from the appropriate executive agency showing that—

6 (A) the individual served honorably during all periods on which the

7 individual relies for naturalization under this section; and

8 (B) the individual has never been discharged from the service except

9 honorably.

10 (2) A certificate under paragraph (1) of this subsection is conclusive evi11 dence of the service and discharge.

12 (c) PROOF OF GOOD MORAL CHARACTER, ATTACHMENT TO PRINCIPLES,

13 AND FAVORABLE DISPOSITION.—Proof of honorable service under this sec14 tion is proof that the individual was of good moral character, attached to

15 the principles of the Constitution of the United States, and well disposed

16 to the good order and happiness of the United States during the period of

17 the service.

18 (d) EFFECT OF FINDING OF DEPORTABILITY.—Notwithstanding section

19 20504(b) of this title, an individual may be naturalized immediately under

20 this section if the individual is in the armed forces when being naturalized

21 and was examined by a representative of the Immigration and Naturaliza22 tion Service before filing an application for naturalization.

23 (e) APPLICATIONS FILED MORE THAN 6 MONTHS AFTER DISCHARGE.—

24 An individual who satisfies subsection (a)(1) (A) and (B) of this section,

25 but files an application for naturalization more than 6 months after being

26 discharged, is deemed to be residing and physically present in the United

27 States during any periods of service within 5 years immediately before filing

28 the application.

29 § 20313. Individuals with service in the armed forces during

30 war or military hostilities

31 (a) GENERAL.—Notwithstanding sections 20316 and 20504(b) of this

32 title, an individual may be naturalized without regard to section

33 20301(a)(1)–(6) of this title if—

34 (1) the individual served honorably on active duty in the armed

35 forces of the United States as an alien or as a national, but not a citi36 zen, of the United States at any time during a period—

37 (A) from April 6, 1917, through November 11, 1918;

38 (B) from September 1, 1939, through December 31, 1946;

39 (C) from June 25, 1950, through July 1, 1955;

40 (D) from February 28, 1961, through October 15, 1978; or
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1 (E) the President designates by executive order as a period in

2 which the armed forces are engaged in military operations involv3 ing armed conflict with a hostile foreign force;

4 (2) the individual was—

5 (A) in the United States or American Samoa at the time of en6 listment or induction into the armed forces;

7 (B) in the Canal Zone at the time of enlistment or induction

8 if the enlistment or induction was before October 1, 1979; or

9 (C) lawfully admitted for permanent residence after the enlist10 ment or induction; and

11 (3) the individual, if discharged from the armed forces, was dis12 charged honorably.

13 (b) SERVICE IN REGULAR ARMY UNDER THE ACT OF JUNE 30, 1950.—

14 (1) Notwithstanding sections 20316 and 20504(b) of this title, an individual

15 may be naturalized without regard to section 20301(a)(1) or (3)–(6) of this

16 title if the individual—

17 (A) enlisted or re-enlisted as an alien in the Regular Army under

18 the Act of June 30, 1950 (ch. 443, 64 Stat. 316);

19 (B) served at least 5 years in the Regular Army; and

20 (C) was discharged honorably from the Regular Army.

21 (2) An individual described by paragraph (1) of this subsection is deemed

22 to have been lawfully admitted for permanent residence if the individual—

23 (A) entered the United States, American Samoa, or the Canal Zone

24 under military orders after enlistment; and

25 (B) is otherwise eligible to be naturalized.

26 (c) PERIOD OF SERVICE AVAILABLE ONLY ONCE.—A period of service

27 in the armed forces may not be used as the basis for naturalization under

28 this section if the individual has been naturalized previously because of the

29 same period of service.

30 (d) PROOF OF HONORABLE SERVICE AND DISCHARGE.—Service required

31 by this section shall be proved by a certificate from the executive agency

32 under which the individual served. The head of the executive agency shall

33 decide, and the certificate shall state, whether the individual served honor34 ably on active duty during a period specified in this section and was dis35 charged honorably. An individual’s service and discharge are not honorable

36 under this section if the individual was discharged from the armed forces

37 because of alienage or was a conscientious objector who performed no active

38 duty or refused to wear the uniform.
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1 § 20314. Posthumous naturalization of individuals who die

2 during service in the armed forces during war or

3 military hostilities

4 (a) GRANTING CITIZENSHIP.—The Attorney General shall grant post5 humous citizenship, as of the time of death, to an eligible individual under

6 subsection (b) of this section if the Attorney General approves a request for

7 posthumous citizenship for the individual under subsection (c) of this sec8 tion.

9 (b) ELIGIBILITY.—(1) An individual is eligible for posthumous citizenship

10 under this section if the individual—

11 (A) served honorably on active duty in the armed forces of the Unit12 ed States as an alien or as a national, but not a citizen, of the United

13 States during any period described by section 20313(a)(1) of this title;

14 (B) died as a result of injury or disease incurred in or aggravated

15 by that service; and

16 (C) satisfied the requirements of section 20313(a)(2) of this title.

17 (2) The head of the executive agency under which the individual served

18 shall decide whether the individual satisfied the requirements of paragraph

19 (1) (A) and (B) of this subsection.

20 (c) REQUESTS.—A request to grant posthumous citizenship to an individ21 ual under this section may be filed only by an individual who is, as defined

22 by the Attorney General, the next of kin or another representative. The At23 torney General shall approve the request if—

24 (1) the request is filed not later than 2 years after the date of the

25 individual’s death;

26 (2) the request includes a certificate from the executive agency under

27 which the individual served stating that the individual satisfied the re28 quirements of subsection (b) (1) (A) and (B) of this section; and

29 (3) the Attorney General finds that the individual satisfied the re30 quirements of subsection (b)(1)(C) of this section.

31 (d) DOCUMENTATION.—If the Attorney General approves a request under

32 this section, the Attorney General shall provide the individual who filed the

33 request with a document stating that the United States Government consid34 ers the individual for whom the request was filed to have been a citizen of

35 the United States at the time of the individual’s death.

36 (e) NO BENEFITS TO SURVIVORS.—The granting of posthumous citizen37 ship to an individual under this section does not provide any benefits under

38 this title for any relative of the individual.
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1 § 20315. Individuals who lost citizenship by entering the

2 armed forces of a foreign country

3 (a) GENERAL.—An individual may be naturalized without regard to sec4 tion 20301(a)(3)–(6) or (9) of this title if—

5 (1) the individual, when a citizen of the United States, served in the

6 armed forces of a foreign country at any time during the period from

7 September 1, 1939, through September 2, 1945;

8 (2) that foreign country was at war with a foreign country with

9 which the United States was at war after December 7, 1941, and be10 fore September 2, 1945;

11 (3) the individual lost citizenship of the United States by entering,

12 serving in, or taking an oath or obligation to enter or serve in, those

13 armed forces;

14 (4) the individual intends to reside permanently in the United

15 States; and

16 (5) the individual has been of good moral character, attached to the

17 principles of the Constitution, and well disposed to the good order and

18 happiness of the United States for at least 5 years immediately before

19 taking the oath required for naturalization.

20 (b) PREVIOUS STATUS REACQUIRED.—An individual naturalized under

21 this section or section 323 of the Nationality Act of 1940 has, from the date

22 of naturalization, the same status as a citizen at birth or a naturalized citi23 zen that the individual had before losing citizenship. Naturalization of the

24 individual does not confer citizenship retroactively on the individual for the

25 period that the individual was not a citizen of the United States.

26 (c) NONAPPLICATION TO CERTAIN INDIVIDUALS.—This section does not

27 apply to an individual who served in the armed forces of a foreign country

28 at any time during the period from September 1, 1939, through September

29 2, 1945, when that country was at war with the United States.

30 § 20316. Alien enemies

31 (a) WHEN INDIVIDUAL IS ALIEN ENEMY.—In this section, an alien

32 enemy is an individual who is a native, citizen, subject, or denizen of a

33 country or sovereignty at war with the United States. That individual ceases

34 to be an alien enemy when the hostilities between the United States and

35 the individual’s country or sovereignty are declared ended by proclamation

36 of the President or concurrent resolution of Congress.

37 (b) SPECIFIC CONDITIONS FOR NATURALIZATION.—An alien enemy may

38 be naturalized as a citizen of the United States only if—

39 (1) the alien enemy’s application for naturalization was filed before

40 the war began, except that the Attorney General may waive this re41 quirement;
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1 (2) the alien enemy’s loyalty is established on investigation by the

2 Attorney General; and

3 (3) the alien enemy is otherwise eligible to be naturalized.

4 (c) NOTICE AND CONTINUANCE.—An examination or hearing on an alien

5 enemy’s application for naturalization may be held only after 90 days’ notice

6 to the Attorney General. If the Attorney General objects to consideration

7 of the application, the application shall be continued for as long as the At8 torney General requires.

9 (d) LAWFUL APPREHENSION AND REMOVAL ALLOWED.—This section

10 does not prevent the lawful apprehension and removal of an alien enemy.

11 § 20317. Women who lost citizenship through marriage

12 (a) GENERAL.—(1) A woman may be naturalized without regard to sec13 tion 20301(a)(3)–(6) of this title if she—

14 (A) lost citizenship of the United States—

15 (i) by marrying an alien before September 22, 1922;

16 (ii) by marrying after September 21, 1922, an alien who was

17 ineligible to become a citizen of the United States; or

18 (iii) through her husband’s loss of citizenship of the United

19 States before September 22, 1922; and

20 (B) has taken no affirmative action to acquire the nationality of an21 other country except by marriage.

22 (2) A woman described by subsection (a) of this section may be natural23 ized without regard to section 20301(a)(2) of this title if she has resided

24 in the United States continuously since the date of her marriage.

25 (b) NATURALIZATION ON TAKING OATH FOR CERTAIN WOMEN.—(1) A

26 woman may be naturalized without filing an application for naturalization

27 or complying with any other requirement for naturalization, by taking the

28 oath required for naturalization, if—

29 (A) she was a citizen of the United States at birth;

30 (B) she lost that citizenship by marrying—

31 (i) an alien before September 22, 1922; or

32 (ii) after September 21, 1922, an alien who was ineligible to be33 come a citizen of the United States;

34 (C) her marriage to that alien ended after January 12, 1941;

35 (D) she has taken no affirmative action to acquire the nationality

36 of another country except by marriage; and

37 (E) she is not ineligible to be naturalized under section 20331 of this

38 title.

39 (2) A woman satisfying paragraph (1) of this subsection may take the

40 oath—
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1 (A) in the United States before the Attorney General or a judge or

2 a clerk of a court described by section 20511 of this title; or

3 (B) outside the United States before a diplomatic or consular officer.

4 (3) The Attorney General, court, embassy, legation, or consulate, as ap5 propriate, shall—

6 (A) enter the oath in the records of the Attorney General, court, em7 bassy, legation, or consulate; and

8 (B) deliver to the woman, on her request, a certified copy of the pro9 ceedings and oath, under seal of Department of Justice, court, em10 bassy, legation, or consulate, at a cost of not more than $5.

11 (4) A certified copy of the proceedings and the oath delivered under para12 graph (3) of this subsection is evidence of the facts stated in the copy in

13 any court of record, judicial tribunal, or agency.

14 (c) PREVIOUS STATUS REACQUIRED.—A woman naturalized under this

15 section or section 317(a) or (b) of the Nationality Act of 1940 has, from

16 the date of naturalization, the same status as a citizen at birth or a natural17 ized citizen that she had before losing citizenship. Naturalization of the

18 woman does not confer citizenship on the woman retroactively for any pe19 riod that she was not a citizen of the United States.

20 § 20318. Nationals residing in American Samoa

21 Residence and physical presence in American Samoa are deemed to be

22 residence and physical presence in the United States under section

23 20301(a)(3), (4), and (6) of this title for an individual who—

24 (1) is a national, but not a citizen, of the United States; and

25 (2) becomes a resident of a State.

26 § 20319. Philippine citizens who entered before May 1, 1934

27 An individual who was a citizen of the Commonwealth of the Philippines

28 on July 2, 1946, entered the United States before May 1, 1934, and has

29 resided in the United States continuously since entry, is deemed to have

30 been lawfully admitted for permanent residence.

31 SUBCHAPTER II—INELIGIBILITY

32 § 20331. Individuals dangerous to the welfare, safety, and se33 curity of the United States

34 (a) GROUNDS FOR DISALLOWING NATURALIZATION.—An individual may

35 not be naturalized as a citizen of the United States if, at any time during

36 the 10 years before filing the application for naturalization or from the fil37 ing of the application through the time the individual is naturalized, the in38 dividual—

39 (1) advocates establishing—

40 (A) a totalitarian communist dictatorship in a country through

41 an internationally coordinated communist movement; or
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1 (B) a totalitarian dictatorship in the United States;

2 (2) advocates or teaches—

3 (A) opposition to all organized government;

4 (B) the overthrow by unconstitutional means of the United

5 States Government or of all forms of law;

6 (C) the duty, necessity, or propriety of unlawfully assaulting or

7 killing a particular officer or officers generally of an organized

8 government because of the official position of the officer or offi9 cers;

10 (D) unlawfully damaging or destroying property; or

11 (E) sabotage;

12 (3) writes, publishes, causes to be written or published, knowingly

13 distributes, prints, displays, or causes to be distributed, printed, pub14 lished, or displayed, or knowingly possesses to publish, distribute, or

15 display, written material—

16 (A) advocating or teaching opposition to all organized govern17 ment; or

18 (B) advocating—

19 (i) the overthrow by unconstitutional means of the United

20 States Government or of all forms of law;

21 (ii) the duty, necessity, or propriety of unlawfully assault22 ing or killing of a particular officer or officers generally of an

23 organized government because of the official position of the

24 officer or officers;

25 (iii) unlawfully damaging or destroying property;

26 (iv) sabotage;

27 (v) establishing a totalitarian communist dictatorship in a

28 country through an internationally coordinated communist

29 movement; or

30 (vi) establishing a totalitarian dictatorship in the United

31 States; or

32 (4) is a member of or affiliated with—

33 (A) the Communist Party of the United States;

34 (B) another totalitarian party of the United States;

35 (C) the Communist Political Association;

36 (D) the Communist or another totalitarian party of a State, a

37 foreign country, or a political or geographical subdivision of a for38 eign country;

39 (E) a section, subsidiary, branch, affiliate, or subdivision of an

40 organization described by subclauses (A)–(D) of this clause (4);
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1 (F) the direct predecessor or successor of an organization de2 scribed by subclauses (A)–(D) of this clause (4), regardless of the

3 name the organization uses or used;

4 (G) an organization advocating establishing a totalitarian com5 munist dictatorship in a country through an internationally coordi6 nated communist movement, or establishing a totalitarian dictator7 ship in the United States, through—

8 (i) the organization’s statements; or

9 (ii) written material issued or published under the author10 ity of or with the consent of the organization, or paid for by

11 money provided by the organization;

12 (H) an organization advocating or teaching—

13 (i) opposition to all organized government;

14 (ii) the overthrow by unconstitutional means of the United

15 States Government or of all forms of law;

16 (iii) the duty, necessity, or propriety of unlawfully assault17 ing or killing a particular officer or officers generally of an

18 organized government because of the official position of the

19 officer or officers;

20 (iv) unlawfully damaging or destroying property; or

21 (v) sabotage; or

22 (I) an organization writing, distributing, printing, publishing,

23 displaying, causing to be written, distributed, printed, published,

24 or displayed, or possessing to distribute, publish, issue, or display,

25 written material described by clause (3) of this subsection.

26 (b) NONAPPLICATION.—Subsection (a) of this section does not apply to

27 an individual who satisfies the Attorney General that the individual’s mem28 bership or affiliation with an organization described by subsection (a)—

29 (1) is or was involuntary;

30 (2) ended before the individual’s 16th birthday;

31 (3) is or was by operation of law; or

32 (4) was for the purpose of, and necessary for, obtaining employment,

33 food rations, or other essentials of living.

34 § 20332. Deserters and draft evaders

35 An individual convicted of desertion under section 885 of title 10 or of

36 draft evasion under section 12(h) of the Military Selective Service Act (50

37 App. U.S.C. 462(h)) is ineligible to become a citizen of the United States.

38 § 20333. Aliens exempted or discharged from the armed

39 forces or the National Security Training Corps

40 (a) GENERAL.—Except as provided by subsection (b) of this section, an

41 alien who applies for and is granted an exemption or discharge from serving
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1 or training in the armed forces of the United States or the National Secu2 rity Training Corps because of alienage is ineligible to become a citizen of

3 the United States. Records of the Selective Service System and the Depart4 ment of Defense are conclusive about whether the alien was granted an ex5 emption or discharge because of alienage.

6 (b) EXEMPTION PROVIDED UNDER TREATY.—An alien exercising a right

7 under a treaty to be exempted from serving or training in the armed forces

8 of the United States is not ineligible under this section or any other law

9 to become a citizen of the United States if, before exercising the right, the

10 alien served in the armed forces of a foreign country of which the alien was

11 a national.

12 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.

13 § 20501. Authority to naturalize

14 (a) AUTHORITY OF ATTORNEY GENERAL.—Only the Attorney General

15 has authority to naturalize an individual as a citizen of the United States.

16 (b) ONLY PROCEDURE.—An individual may be naturalized as a citizen of

17 the United States only as provided by this subtitle.

18 § 20502. Declarations of intention

19 (a) GENERAL.—An individual at least 18 years of age who is residing in

20 the United States as an alien lawfully admitted for permanent residence

21 may make a declaration of intention to be naturalized as a citizen of the

22 United States. However, a declaration is not required for naturalization,

23 does not confer nationality or the right to nationality on an alien, and is

24 not evidence of lawful admission for permanent residence.

25 (b) PROCEDURE.—(1) The alien must file with the Attorney General a

26 declaration in duplicate, accompanied by an application for a declaration.

27 The application must be approved by the Attorney General.

28 (2) The application must include 3 identical photographs of the alien.

29 One photograph shall be attached to the declaration issued by the Attorney

30 General and the others to the copies of the declaration retained by the At31 torney General.
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1 (c) REPLACEMENT DECLARATION.—The Attorney General shall issue a

2 new declaration to an alien applying to replace a declaration that the Attor3 ney General finds is lost, destroyed, or mutilated, and if mutilated, is sur4 rendered to the Attorney General. A person coming into possession of a dec5 laration that was lost shall surrender the declaration to the Attorney Gen6 eral.

7 § 20503. Applications for naturalization

8 (a) GENERAL.—An application for naturalization must be filed—

9 (1) with the Attorney General, in the office of the Immigration and

10 Naturalization Service for the district in which the individual resides;

11 and

12 (2) in person, except when the Attorney General decides the individ13 ual has an illness or other disability sufficiently incapacitating to pre14 vent the individual from filing in person.

15 (b) FORM AND CONTENTS.—The application for naturalization must—

16 (1) include a statement that the individual has been lawfully admit17 ted for permanent residence;

18 (2) include a statement of facts the Attorney General believes may

19 be material to the individual’s naturalization and required to be proved

20 under this subtitle;

21 (3) include 3 identical photographs of the individual signed by the

22 individual;

23 (4) be sworn to by the individual; and

24 (5) be signed by the individual if physically able to write.

25 (c) EARLY FILING FOR INDIVIDUALS SUBJECT TO CONTINUOUS RESI26 DENCE REQUIREMENT.—An individual subject to a continuous residence re27 quirement under chapter 203 of this title may file an application for natu28 ralization not more than 3 months before the date the individual would first

29 satisfy that requirement.

30 (d) TRANSFER TO ANOTHER DISTRICT.—If an individual applying for

31 naturalization moves from the district of the Service in the United States

32 in which the application is pending, the individual may request the Attorney

33 General to transfer the application to another district. If the Attorney Gen34 eral transfers the application, the proceedings on the application shall con35 tinue as though the application had been filed originally in the district to

36 which it is transferred.

37 (e) WITHDRAWAL AND LACK OF PROSECUTION.—An application for nat38 uralization may be withdrawn only with the consent of the Attorney Gen39 eral. If the Attorney General does not consent to the withdrawal, the appli40 cation shall be decided on its merits. If the applicant does not prosecute

41 the application, the Attorney General may dismiss it for lack of prosecution.
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1 If the Attorney General does not dismiss the application for lack of prosecu2 tion, it shall be decided on its merits.

3 § 20504. Proof of lawful entry and effect of deportation pro4 ceedings

5 (a) PROOF OF LAWFUL ENTRY.—An applicant for naturalization has the

6 burden of proving that the applicant entered the United States lawfully. To

7 prove a lawful entry, the applicant is entitled to the production of—

8 (1) the applicant’s immigrant visa or other entry document; and

9 (2) any other record in the custody of the Attorney General related

10 to the applicant’s entry that the Attorney General does not consider

11 confidential.

12 (b) EFFECT OF DEPORTATION PROCEEDINGS.—(1) Except as provided

13 by sections 20312 and 20313 of this title—

14 (A) an application for naturalization may not be considered if a de15 portation proceeding is pending under an arrest warrant; and

16 (B) an individual may not be naturalized as a citizen of the United

17 States if a final finding of deportability is outstanding under an arrest

18 warrant.

19 (2) The Attorney General’s findings in ending deportation proceedings or

20 suspending deportation are not binding in deciding whether an individual

21 satisfies the eligibility requirements for naturalization.

22 § 20505. Investigations

23 The Attorney General shall conduct a personal investigation of an appli24 cant for naturalization in each vicinity in which the applicant has lived or

25 worked during at least the 5-year period immediately before the application

26 was filed. However, the Attorney General may waive the investigation in a

27 particular case or class of cases.

28 § 20506. Examinations

29 (a) GENERAL.—The Attorney General shall designate officers and em30 ployees of the Immigration and Naturalization Service to conduct examina31 tions of applicants for naturalization. Examinations shall be uniform

32 throughout the United States and be limited to inquiring about whether the

33 applicant meets the eligibility requirements for naturalization. At the time

34 of the examination, the officer or employee conducting the examination shall

35 inform the applicant of the remedies available to the applicant under sec36 tions 20507(a) and (b) and 20508(a) of this title.

37 (b) DECISIONS.—The officer or employee conducting the examination

38 shall decide whether the application for naturalization should be granted or

39 denied and give the reasons.

40 (c) DECISIONS AND RECORDS TO ATTORNEY GENERAL.—The officer or

41 employee conducting the examination shall submit the decision about the
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1 application to the Attorney General and, if the Attorney General requests,

2 the record of the examination.

3 § 20507. Hearings before immigration officers

4 (a) GENERAL.—An individual whose application for naturalization is de5 nied after an examination under section 20506 of this title may request a

6 hearing before an immigration officer. Hearings under this subsection shall

7 be held at regular intervals specified by the Attorney General.

8 (b) SUBPENAS.—(1) On the applicant’s request at the time of requesting

9 a hearing, the immigration officer shall subpena witnesses named by the ap10 plicant to appear at the hearing. If a witness cannot be produced at the

11 hearing, other witnesses may be subpenaed after notice to the Attorney

12 General, in the way and at the time prescribed by the Attorney General by

13 regulation.

14 (2) A subpena issued under this subsection may be enforced as provided

15 by section 303(b) of this title.

16 (3) A witness willfully disobeying a subpena to appear and testify at a

17 hearing under this section shall be fined under title 18, imprisoned for not

18 more than 5 years, or both.

19 (c) APPEARANCE OF ATTORNEY GENERAL.—At a hearing under this sec20 tion, the Attorney General may call, examine, and cross-examine witnesses,

21 including the applicant, produce other evidence, and argue for or against

22 granting the application for naturalization.

23 (d) ADMISSIBILITY OF RECORDS OF EXAMINATION.—The record of the

24 examination conducted under section 20506 of this title is admissible as evi25 dence in a hearing conducted under this section.

26 § 20508. Judicial review

27 (a) FAILURE TO MAKE TIMELY DECISIONS AFTER EXAMINATIONS.—If

28 the officer or employee conducting an examination under section 20506 of

29 this title does not make a decision on an application for naturalization with30 in 120 days after the date of the examination, the applicant may request

31 the district court of the United States for the district in which the applicant

32 resides to hold a hearing on the matter. The court may—

33 (1) order the application granted or denied; or

34 (2) remand the matter, with appropriate instructions, to the officer

35 or employee conducting the examination.

36 (b) DENIALS AFTER HEARINGS.—An individual whose application for

37 naturalization is denied after a hearing under section 20507 of this title

38 may obtain review of the denial in the United States district court for the

39 district in which the individual resides. At the individual’s request, the court

40 shall hold a new hearing. Regardless of whether the court holds a new hear41 ing, the court shall make its own findings of fact and conclusions of law.
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1 § 20509. Oath requirement

2 (a) OATH OF ALLEGIANCE.—To be naturalized as a citizen of the United

3 States, an individual must take an oath, in substance—

4 (1) to support the Constitution;

5 (2) to support and defend the Constitution and laws of the United

6 States against all enemies foreign and domestic;

7 (3) to bear true faith and allegiance to the Constitution and laws of

8 the United States;

9 (4) to renounce all allegiance to any foreign prince, potentate, coun10 try, or sovereignty of which the individual was a citizen or subject; and

11 (5) to comply with a requirement of law—

12 (A) to bear arms for the United States;

13 (B) to perform noncombatant service in the armed forces of the

14 United States when wearing the uniform of a branch of the armed

15 forces and subject to military discipline and court martial; or

16 (C) to perform work of national importance under civilian direc17 tion.

18 (b) OMISSIONS FROM OATH BECAUSE OF RELIGIOUS BELIEF.—(1) In

19 this subsection, ‘‘religious belief’’ means belief in a relation to a Supreme

20 Being involving duties superior to those arising from a human relation, but

21 does not include essentially political, sociological, or philosophical views or

22 a personal moral code.

23 (2) If an individual satisfies the Attorney General by clear and convincing

24 evidence that, because of religious belief, the individual opposes—

25 (A) bearing arms in the armed forces of the United States, the indi26 vidual may omit from the oath the substance of subsection (a)(5)(A)

27 of this section; or

28 (B) any kind of service in the armed forces of the United States,

29 the individual may omit from the oath the substance of subsection

30 (a)(5)(A) and (B) of this section.

31 (c) WAIVER FOR YOUNG CHILD.—If the Attorney General believes that

32 a child is unable to understand the meaning of the oath, the Attorney Gen33 eral may waive the requirement that the child take the oath.

34 (d) OATH RENOUNCING HEREDITARY TITLES AND ORDERS.—In addition

35 to taking the oath under subsection (a) of this section, an individual who

36 has a hereditary title or belongs to an order of nobility must take an oath

37 expressly renouncing the title or order. The oath under this subsection must

38 be taken in the same public ceremony as the oath under subsection (a) and

39 shall be recorded as a part of the proceeding.
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1 § 20510. Methods of oath administration

2 (a) PUBLIC CEREMONY.—To be naturalized as a citizen of the United

3 States, an individual must take the oath required for naturalization in a

4 public ceremony. However, the Attorney General may waive the public cere5 mony requirement if the Attorney General decides the individual has an ill6 ness or other disability sufficiently incapacitating to prevent the individual’s

7 personal appearance.

8 (b) RIGHT TO CHOOSE.—(1) The individual may choose to take the oath

9 before the Attorney General or a court authorized by section 20511 of this

10 title, except when—

11 (A) a court has exclusive authority under section 20511(c) of this

12 title; or

13 (B) a court has referred the applicant to the Attorney General for

14 an expedited oath administration under subsection (c)(3) of this sec15 tion.

16 (2) The individual shall notify the Attorney General of the choice to take

17 the oath before a court.

18 (c) EXPEDITED OATH ADMINISTRATION.—(1) On demonstrating suffi19 cient cause, an individual may be granted an expedited oath administration

20 by the Attorney General or a court.

21 (2) When a court is deciding whether to grant an expedited oath adminis22 tration, the court shall consider—

23 (A) special circumstances such as serious illness of the applicant or

24 a member of the applicant’s immediate family, permanent disability

25 sufficiently incapacitating to prevent the applicant’s personal appear26 ance at the scheduled ceremony, developmental disability, or advanced

27 age; and

28 (B) exigent circumstances related to travel or employment.

29 (3) If an expedited oath administration by a court is impracticable, the

30 court shall refer the individual to the Attorney General. The Attorney Gen31 eral then may provide for immediate administration of the oath.

32 (d) PUBLIC CEREMONIES CONDUCTED BY ATTORNEY GENERAL.—The

33 Attorney General shall prescribe regulations to ensure that oath administra34 tion ceremonies conducted by the Attorney General are public, dignified, and

35 conducted frequently and at regular intervals.

36 § 20511. Court authority to administer oaths

37 (a) DEFINITION.—In this section, ‘‘eligible court’’ means—

38 (1) a district court of the United States in any State; and

39 (2) any other court of record in a State if the court has a seal, a

40 clerk, and jurisdiction in actions at law, equity, or both, in which the

41 amount in controversy is unlimited.
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1 (b) GENERAL AUTHORITY.—(1) An eligible court may administer the

2 oath required for naturalization to individuals residing within the jurisdic3 tion of the court.

4 (2) Any district court of the United States may administer the oath to

5 an individual described by section 20310 of this title without regard to the

6 residence of the individual.

7 (c) EXCLUSIVE AUTHORITY.—(1) Subject to paragraphs (2) and (4) of

8 this subsection, an eligible court that wishes to have exclusive authority to

9 administer the oath to individuals residing within the jurisdiction of the

10 court has that authority on notifying the Attorney General.

11 (2) The exclusive authority of a court to administer the oath applies to

12 an individual—

13 (A) only during the 45-day period beginning on the date the Attor14 ney General certifies to the court that the individual is eligible to be

15 naturalized; and

16 (B) only if, before the date of that certification, the court has noti17 fied the Attorney General of the dates during that 45-day period when

18 oath administration ceremonies by the court are scheduled.

19 (3) Subject to paragraph (4) of this subsection, the Attorney General may

20 not administer the oath to an individual during the period of a court’s ex21 clusive authority under paragraph (2) of this subsection.

22 (4) A court may waive the exclusive authority to administer the oath to

23 an individual if the Attorney General has not provided the court the certifi24 cate of eligibility for that individual within a reasonable time before the day

25 scheduled by the court for the oath administration ceremony. When notified

26 of a court’s waiver, the Attorney General promptly shall notify the appli27 cant.

28 (d) NAME CHANGES.—On petition of an individual applying for natu29 ralization, the court may order a change in the name of the individual as

30 part of the administration of the oath by the court. The certificate of natu31 ralization shall be issued with the new name.

32 § 20512. Duties of Attorney General when court is to admin33 ister oath

34 (a) GENERAL.—When a court is to administer the oath to an individual

35 applying for naturalization, the Attorney General shall—

36 (1) provide the court with information necessary to administer the

37 oath to the individual, and if the court has exclusive authority under

38 section 20511(c) of this title, provide the information not later than 10

39 days after approving the application for naturalization; and

40 (2) promptly provide the court a certificate of naturalization pre41 pared by the Attorney General for the individual.
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1 (b) NOTICE TO APPLICANTS OF COURT’S EXCLUSIVE AUTHORITY.—(1)

2 If a court has exclusive authority to administer the oath, the Attorney Gen3 eral shall inform the applicant, at the time of approval of the application

4 for naturalization, of—

5 (A) the court’s exclusive authority to administer the oath during the

6 period specified in section 20511(c)(2)(A) of this title; and

7 (B) the dates when oath administration ceremonies by the court are

8 scheduled.

9 (2) If more than one court in an area has exclusive authority to admin10 ister the oath, the Attorney General shall allow the applicant, at the time

11 of approval, to choose the court to administer the oath.

12 § 20513. Forms and records

13 (a) FORMS.—The Attorney General shall prescribe and provide forms to

14 carry out this chapter and sections 20901 and 20902 of this title. Only

15 those forms are lawful. Certificates of naturalization and certificates of citi16 zenship shall be printed on safety paper and numbered consecutively in sep17 arate series.

18 (b) RECORDS OF THE ATTORNEY GENERAL.—The Attorney General shall

19 maintain as a permanent record all declarations of intention and applica20 tions for naturalization, in chronological order, consecutively numbered, and

21 indexed.

22 (c) DUTIES OF CLERKS OF COURTS.—The clerk of a court administering

23 oaths to applicants for naturalization shall—

24 (1) take responsibility for all blank certificates of naturalization re25 ceived from the Attorney General;

26 (2) return to the Attorney General any certificate of naturalization

27 that is unusable because damaged;

28 (3) account to the Attorney General for blank certificates of natu29 ralization when required by the Attorney General;

30 (4) give a certificate of naturalization prepared by the Attorney Gen31 eral under section 20512 of this title to each individual administered

32 the oath by the court;

33 (5) provide the Attorney General with a list of individuals taking the

34 oath at each scheduled ceremony not later than 30 days after the end

35 of the month in which the oath was administered; and

36 (6) provide the Attorney General with a certified copy of other pro37 ceedings in, and orders by, the court related to the naturalization of

38 individuals, when required by the Attorney General.

39 (d) COPIES OF OATHS OF INDIVIDUALS WHO LOST CITIZENSHIP BY EN40 TERING ARMED FORCES OF FOREIGN COUNTRIES.—When an individual de-
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1 scribed by section 20315 of this title is naturalized, a certified copy of the

2 oath taken by the individual shall be provided by—

3 (1) the Attorney General to the Secretary of State if the oath was

4 administered by the Attorney General; and

5 (2) the clerk of the court to the Attorney General and the Secretary

6 of State if the oath was administered by a court.

7 § 20514. Fees

8 (a) GENERAL.—The Attorney General shall charge, collect, and account

9 for fees prescribed by the Attorney General under section 9701 of title 31

10 for—

11 (1) filing a declaration of intention and issuing a duplicate declara12 tion; and

13 (2) filing an application for naturalization, holding a hearing on the

14 application, and issuing a certificate of naturalization.

15 (b) SUBPENA AND WITNESS FEES.—When filing an application for natu16 ralization, an individual requesting the issuance of a subpena under section

17 20507(b) of this title shall deposit with the Attorney General an amount

18 sufficient to cover the cost of subpenaing each witness and paying the wit19 ness the usual witness fee. On final discharge of the witness and demand

20 for payment, the Attorney General shall pay the witness the usual witness

21 fee from the amount deposited. The Attorney General shall return any re22 maining amount to the individual.

23 (c) EXEMPTION FOR INDIVIDUALS SERVING IN ARMED FORCES DURING

24 WAR OR MILITARY OPERATIONS.—(1) Except as provided by paragraph (2)

25 of this subsection, an individual serving in the armed forces of the United

26 States may not be charged a fee for filing an application for naturalization

27 or for issuance of a certificate of naturalization when the United States is

28 at war or engaged in military operations involving armed conflict with a

29 hostile foreign force as designated by the President by executive order.

30 (2) If a State law requires a fee to be charged, the clerk of a State court

31 may charge that part of the fee required to be paid to the State.

32 (3) The clerk of a court shall report all transactions made under this sub33 section to the Attorney General not later than 30 days after the end of the

34 month in which the transaction was made.

35 (d) EXEMPTION FROM REPLACEMENT FEES FOR INDIVIDUALS WHO

36 SERVED IN ARMED FORCES.—An individual may not be charged a fee for

37 filing an application to replace a declaration of intention or a certificate of

38 naturalization that is lost, destroyed, or mutilated if the individual served

39 in the armed forces of the United States after September 16, 1940, and

40 was not—

41 (1) discharged other than honorably;
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1 (2) discharged because of alienage; or

2 (3) a conscientious objector who performed no military duty or re3 fused to wear the uniform.

4 (e) DISPOSITION OF FEES.—(1) Except as otherwise provided by this

5 subsection, the Attorney General shall deposit all fees collected by the Attor6 ney General under this subtitle in the ‘‘Immigration Examinations Fee Ac7 count’’ established under section 317 of this title.

8 (2) Fees collected by the Attorney General under this subtitle from resi9 dents of the Virgin Islands or Guam shall be paid to the treasury of the

10 Virgin Islands or Guam, respectively.

11 (3) A percentage of the fees described by subsection (a)(1) of this section

12 collected by the Attorney General shall be paid to courts administering

13 oaths under this chapter. In consultation with the courts, the Attorney Gen14 eral shall determine the percentage each year based on—

15 (A) the costs incurred by the courts for essential services directly re16 lated to the naturalization process; divided by

17 (B) the total of those costs incurred by the courts and the Immigra18 tion and Naturalization Service.

19 (f) REPORTS AND CONSULTATIONS.—The Attorney General shall—

20 (1) provide an annual report to the Committees on the Judiciary of

21 the Senate and House of Representatives on the use of the fees de22 scribed by subsection (e)(3) of this section; and

23 (2) consult with those committees before increasing those fees.

24 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.

25 SUBCHAPTER I—BY VOLUNTARY ACTS

26 § 20701. Acts resulting in loss of nationality

27 Except as provided by section 20702 of this title, a national of the United

28 States loses nationality of the United States under this subchapter only by

29 voluntarily performing any of the following acts with the intention of relin30 quishing nationality of the United States:
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1 (1) becoming a national of a foreign country, after becoming 18

2 years of age—

3 (A) on application of the national; or

4 (B) on application for the national filed by an agent of the na5 tional.

6 (2) taking an oath or making a declaration of allegiance to a foreign

7 country or a political subdivision of a foreign country after becoming

8 18 years of age.

9 (3) entering or serving in the armed forces of a foreign country if—

10 (A) the armed forces are engaged in hostilities against the

11 United States; or

12 (B) the individual serves as a commissioned or noncommissioned

13 officer.

14 (4) accepting, serving in, or carrying out the duties and powers of

15 an office, a post, or employment under the government of a foreign

16 country or a political subdivision of a foreign country, after becoming

17 18 years of age, if—

18 (A) the individual is or becomes a national of the foreign coun19 try; or

20 (B) the office, post, or employment requires an oath or declara21 tion of allegiance.

22 (5) making a formal renunciation of nationality in a foreign country

23 before a diplomatic or consular officer in the way the Secretary of

24 State prescribes.

25 (6) making a formal written renunciation of nationality in the Unit26 ed States in the way the Attorney General prescribes before an officer

27 or employee the Attorney General designates when the United States

28 is in a state of war and the Attorney General approves the renunciation

29 as not against the defense interests of the United States.

30 (7) committing any of the following offenses for which the individual

31 is convicted by a court or court martial:

32 (A) treason against the United States Government.

33 (B) attempting by force to overthrow the Government.

34 (C) bearing arms against the Government.

35 (D) violating or conspiring to violate section 2383 of title 18.

36 (E) violating section 2384 of title 18 by conspiring to over37 throw, put down, or destroy by force the Government or to carry

38 on war against the Government.

39 (F) willfully violating section 2385 of title 18.
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1 § 20702. Acts not resulting in loss of nationality

2 (a) WHEN NATIONAL IN THE UNITED STATES OR AMERICAN SAMOA.—

3 A national of the United States does not lose nationality under section

4 20701(1)–(4) of this title when the national is in the United States or

5 American Samoa. However, an act specified in section 20701(1)–(4) and

6 carried out in the United States or American Samoa results in the loss of

7 nationality when the national establishes a residence outside the United

8 States and American Samoa.

9 (b) WHEN ENTERING OR SERVING IN ARMED FORCES OF A FOREIGN

10 COUNTRY OR RENOUNCING NATIONALITY AS A MINOR.—A national of the

11 United States does not lose nationality under section 20701(3) or (5) of this

12 title when less than 18 years of age if the national claims the nationality

13 within 6 months after becoming 18 years of age. The claim shall be made

14 in the way the Secretary of State prescribes by regulation.

15 (c) WHEN MARRYING A MALE ALIEN.—Notwithstanding a treaty ratified

16 by the Senate before December 25, 1952, a woman who was—

17 (1) a national of the United States did not lose nationality only be18 cause of marriage after—

19 (A) September 21, 1922, to an alien; or

20 (B) March 2, 1931, to an alien who was ineligible to become

21 a citizen of the United States because of race; or

22 (2) a citizen of the United States at birth did not lose nationality

23 because of residence outside the United States after a marriage re24 ferred to in clause (1) of this subsection.

25 § 20703. Presumption that act is done voluntarily

26 An individual carrying out an act resulting in the loss of nationality

27 under this subchapter or another law is presumed to have carried out the

28 act voluntarily. The presumption may be rebutted on a showing by a pre29 ponderance of the evidence that the act was not carried out voluntarily.

30 SUBCHAPTER II—REVOCATION OF NATURALIZATION

31 § 20711. Application

32 This subchapter applies to any naturalization and certificate of natu33 ralization issued under this title or another law.

34 § 20712. Grounds

35 (a) GENERAL.—A court in which a civil action is brought under section

36 20713 of this title shall revoke the order of naturalization of an individual

37 as a citizen of the United States and cancel the individual’s certificate of

38 naturalization if the court decides—

39 (1) the order and certificate were obtained unlawfully, by conceal40 ment of a material fact, or by willful misrepresentation; or
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1 (2) for an individual naturalized under section 20313 of this title,

2 the individual was discharged from the armed forces of the United

3 States other than honorably.

4 (b) REFUSAL TO TESTIFY BEFORE CONGRESSIONAL COMMITTEE.—The

5 refusal of an individual within 10 years after naturalization of the individual

6 to testify as a witness before a congressional committee about subversive ac7 tivities of the individual is concealment of a material fact or willful mis8 representation under subsection (a)(1) of this section if the individual is

9 convicted of contempt for the refusal.

10 (c) MEMBERSHIP IN, OR AFFILIATION WITH, CERTAIN ORGANIZA11 TIONS.—If an individual naturalized after December 24, 1952, became a

12 member of or affiliated with an organization within 5 years after naturaliza13 tion and the membership or affiliation at the time of naturalization would

14 have prevented the individual from being naturalized under section 20331

15 of this title, the membership or affiliation is prima facie evidence that the

16 individual was not attached to the principles of the Constitution and was

17 not well disposed to the good order and happiness of the United States at

18 the time of naturalization. If there is no contrary evidence, a court may act

19 under subsection (a)(1) of this section because the naturalization was ob20 tained by concealment of a material fact or by willful misrepresentation.

21 (d) PERMANENT RESIDENCE IN FOREIGN COUNTRY.—If an individual is

22 naturalized and then establishes permanent residence in a foreign country

23 within one year after naturalization, the permanent residence is prima facie

24 evidence that the individual did not intend to reside permanently in the

25 United States at the time the individual filed the application for naturaliza26 tion. If there is no contrary evidence, a court may act under subsection

27 (a)(1) of this section because the naturalization was obtained by conceal28 ment of a material fact or by willful misrepresentation.

29 (e) CHANGE OF STATUS.—An individual is deemed to have obtained natu30 ralization by concealment of a material fact or by willful misrepresentation

31 if—

32 (1) the individual was naturalized as a citizen of the United States

33 based on a record of lawful admission for permanent residence made

34 as a result of a change of the individual’s status;

35 (2) the individual was not eligible for the change of status; and

36 (3) the Attorney General rescinds the change of status under section

37 9107(a) of this title.

38 (f) PROOF OF CERTAIN GROUNDS FOR REVOCATION.—(1) Discharge

39 from the armed forces of the United States other than honorably shall be

40 proved by a certification from the head of the executive agency under which

41 the individual served.
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1 (2) A diplomatic or consular officer in a foreign country shall give the

2 Attorney General, through the Secretary of State, a list of individuals within

3 the jurisdiction of the officer who establish permanent residence in a foreign

4 country within one year after being naturalized as a citizen. A certified list

5 is admissible in a civil action brought under section 20713 of this title.

6 (g) COURTS TO REVOKE NATURALIZATION ORDERS WHEN NATURALIZA7 TION CONVICTIONS INVOLVED.—A court having jurisdiction to try a viola8 tion of section 1425 of title 18 has jurisdiction to revoke orders of natu9 ralization and cancel certificates of naturalization. A court in which an indi10 vidual is convicted of knowingly obtaining naturalization in violation of sec11 tion 1425 shall revoke the order of naturalization of the individual as a citi12 zen and cancel the certificate of naturalization of the individual.

13 § 20713. Procedure

14 (a) BRINGING CIVIL ACTIONS TO REVOKE.—If grounds exist under sec15 tion 20712 of this title, the Attorney General shall bring a civil action to

16 revoke the order of naturalization of an individual as a citizen of the United

17 States and to cancel the certificate of naturalization. When bringing the ac18 tion, the Attorney General shall file an affidavit showing good cause.

19 (b) VENUE.—An action under this section shall be brought in a district

20 court of the United States for the judicial district in which the individual

21 resides. If the individual does not reside in a judicial district in the United

22 States, the action may be brought in the United States District Court for

23 the District of Columbia or the district in which the individual last resided.

24 (c) NOTICE AND ANSWER.—The individual shall be given personal notice

25 and, unless waived, 60 days to answer in an action brought under this sec26 tion. If the individual is absent from the United States or the judicial dis27 trict in which the individual last resided, notice shall be given by personal

28 service or by publication in the way provided for service by publication or

29 on absentees by the law of the State or place in which the action is brought.

30 (d) EFFECTIVE DATE OF REVOCATION AND CANCELLATION.—Revocation

31 and cancellation under this subchapter are effective from the date of the

32 naturalization order and certificate of naturalization.

33 § 20714. Effect on automatic naturalization

34 An individual claiming citizenship of the United States through the natu35 ralization of a parent or spouse loses that citizenship when the order of nat36 uralization of the parent or spouse as a citizen is revoked and the certificate

37 of naturalization is canceled under—

38 (1) section 20712(a)(1) of this title because the order and certificate

39 were obtained by concealment of a material fact or by willful misrepre40 sentation;
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1 (2) section 20712(a)(2) of this title on a ground other than that the

2 order and certificate were obtained by concealment of a material fact

3 or by willful misrepresentation, if the individual does not reside in the

4 United States when the order is revoked and the certificate is canceled;

5 or

6 (3) section 20712(c) or (d) of this title, if the individual does not

7 reside in the United States when the order is revoked and the certifi8 cate is canceled.

9 § 20715. Cancellation of certificate of naturalization

10 (a) DUTIES OF COURT.—A court revoking an order of naturalization as

11 a citizen of the United States or canceling a certificate of naturalization,

12 or both, under this subchapter shall prepare an order canceling the certifi13 cate and send a certified copy to the Attorney General.

14 (b) SURRENDER OF CANCELED CERTIFICATE.—On notice by the court

15 canceling a certificate of naturalization or by the Attorney General, an indi16 vidual holding a canceled certificate of naturalization shall surrender it to

17 the Attorney General.

18 § 20716. Authority not affected

19 This subchapter does not affect the authority of the Attorney General to

20 reopen, change, or vacate an order of naturalization of an individual as a

21 citizen of the United States.

22 SUBCHAPTER III—MISCELLANEOUS

23 § 20731. Burden of proof

24 A person claiming that an individual has lost nationality of the United

25 States under this chapter or another law has the burden of proving, by a

26 preponderance of the evidence, that the loss occurred.

27 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 nationality records.

20906. Certificates of loss of nationality.

20907. Certifications of records.

28 § 20901. Certificates of naturalization

29 (a) ISSUANCE AND CONTENT.—The Attorney General shall issue a certifi30 cate of naturalization to an individual when the individual is naturalized as

31 a citizen of the United States. The certificate shall contain—

32 (1) the number of the individual’s application for naturalization;

33 (2) the number of the certificate;

34 (3) the individual’s name (as changed if a change of name is granted

35 by a court as part of the administration of the oath required for natu36 ralization);
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1 (4) the individual’s signature;

2 (5) the individual’s place of residence;

3 (6) a signed photograph of the individual;

4 (7) a personal description of the individual, including age, sex, and

5 marital status;

6 (8) the individual’s prior nationality;

7 (9) a statement that the Attorney General, having decided that the

8 individual has satisfied the applicable provisions of this title, ordered

9 the individual naturalized as a citizen;

10 (10) the date of the naturalization; and

11 (11) the location of the district office of the Immigration and Natu12 ralization Service in which the application was filed;

13 (12) the title, authority, and location of the official or court admin14 istering the oath required for naturalization; and

15 (13) the attestation of an immigration officer and the seal of the De16 partment of Justice.

17 (b) REPLACEMENT CERTIFICATES.—(1) On application to the Attorney

18 General, the Attorney General shall issue to a naturalized citizen—

19 (A) a new certificate of naturalization to replace a certificate that

20 the Attorney General finds is lost, destroyed, or mutilated, and if muti21 lated, is surrendered to the Attorney General; or

22 (B) a new certificate of naturalization with the citizen’s new name

23 when the Attorney General finds that the citizen’s name has been

24 changed by marriage or order of a court of competent jurisdiction after

25 naturalization.

26 (2) The Attorney General shall notify the court that naturalized the citi27 zen of the issuance of a new certificate under paragraph (1)(B) of this sub28 section.

29 (c) SPECIAL CERTIFICATES TO OBTAIN RECOGNITION BY FOREIGN

30 COUNTRIES.—On application by a naturalized citizen to the Attorney Gen31 eral, the Attorney General shall issue for the citizen a special certificate of

32 naturalization to be used only to obtain recognition as a citizen of the

33 United States by the government of a foreign country. The certificate shall

34 be submitted to the Secretary of State for submission to the proper author35 ity of the government of the foreign country.

36 (d) PHOTOGRAPHS.—An application to the Attorney General for a certifi37 cate of naturalization or a special certificate of naturalization shall include

38 3 identical photographs of the individual applying. One photograph shall be

39 attached to the certificate and the others to the copies of the certificate re40 tained by the Attorney General.
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1 (e) SURRENDER OF FOUND CERTIFICATES.—A person coming into pos2 session of a certificate of naturalization that was lost shall surrender the

3 certificate to the Attorney General.

4 § 20902. Certificates of citizenship

5 (a) APPLICATIONS.—An individual may apply to the Attorney General for

6 a certificate of citizenship if the individual claims to be a citizen of the

7 United States because of—

8 (1) the naturalization of a parent of the individual;

9 (2) the naturalization or citizenship of the individual’s husband;

10 (3) section 1993 of the Revised Statutes;

11 (4) the Act of May 7, 1934 (ch. 221, 48 Stat. 667);

12 (5) the Act of August 4, 1937 (ch. 563, 50 Stat. 558);

13 (6) section 201(c)–(e), (g), or (i), 203, or 205 of the Nationality Act

14 of 1940; or

15 (7) section 20102(a), 20104(a), or 20106 of this title.

16 (b) PHOTOGRAPHS.—An application under subsection (a) of this section

17 shall include 3 identical photographs of the individual applying. One photo18 graph shall be attached to the certificate and the others to the copies of

19 the certificate retained by the Attorney General.

20 (c) ISSUANCE.—The Attorney General shall issue a certificate of citizen21 ship to an individual if—

22 (1) the Attorney General is satisfied that the individual is a citizen

23 as claimed under subsection (a) of this section;

24 (2) the individual takes, and signs, in front of an immigration officer

25 the oath required for naturalization; and

26 (3) the individual is in the United States when the oath is taken and

27 the certificate is issued.

28 (d) REPLACEMENT CERTIFICATES.—The Attorney General shall issue a

29 new certificate of citizenship to a citizen applying to replace a certificate

30 that the Attorney General finds is lost, destroyed, or mutilated, and if muti31 lated, is surrendered to the Attorney General. A person coming into posses32 sion of a certificate that was lost shall surrender the certificate to the Attor33 ney General.

34 § 20903. Certificates of nationality

35 (a) CERTIFICATES FOR USE IN FOREIGN COUNTRY PROCEEDINGS.—

36 Under regulations the Secretary of State prescribes, the Secretary may issue

37 a certificate of nationality for an individual if the Secretary is satisfied that

38 the individual is a national of the United States at birth and that the cer39 tificate is needed for an administrative or judicial proceeding of a foreign

40 country. The certificate is only for use in the proceeding for which it is is-
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1 sued. The Secretary shall submit the certificate to the appropriate foreign

2 administrative or judicial officer.

3 (b) CERTIFICATES ISSUED TO INDIVIDUALS.—An individual claiming to

4 be a national, but not a citizen, of the United States may apply to the Sec5 retary of State for a certificate of non-citizen national status. The Secretary

6 shall issue the certificate if—

7 (1) the Secretary is satisfied that the individual is a national, but

8 not a citizen, of the United States;

9 (2) for an individual born outside the United States or American

10 Samoa, the individual takes, and signs, in front of an immigration offi11 cer in the United States or American Samoa, the oath required for nat12 uralization; and

13 (3) the individual is in the United States or American Samoa when

14 the certificate is issued.

15 § 20904. Other documents to prove citizenship

16 The following documents have the same effect that a certificate of natu17 ralization or a certificate of citizenship has to prove that an individual is

18 a citizen of the United States:

19 (1) a passport granted by the Secretary of State to a citizen of the

20 United States during its period of validity if the period is the maximum

21 allowed by law.

22 (2) a ‘‘Report of Birth Abroad of a Citizen of the United States’’

23 issued by a consular officer to document a citizen born outside the

24 United States.

25 § 20905. Cancellation of nationality records

26 (a) AUTHORITY TO CANCEL.—The Attorney General may cancel a na27 tionality record the Attorney General has issued if satisfied that the record

28 was obtained fraudulently or unlawfully.

29 (b) NOTICE OF INTENTION TO CANCEL.—The Attorney General shall

30 send written notice of an intention to cancel a record and the reason for

31 the cancellation to the individual named in the record at the individual’s last

32 known address. The Attorney General shall give the individual at least 60

33 days to show cause why the record should not be canceled.

34 (c) EFFECT OF CANCELLATION.—Cancellation of a record showing the

35 citizenship status of an individual under this section affects only the record

36 and not the citizenship status of the individual.

37 § 20906. Certificates of loss of nationality

38 When a diplomatic or consular officer believes that an individual in a for39 eign country has lost the nationality of the United States under section

40 20701 of this title or chapter IV of the Nationality Act of 1940, the officer

41 shall certify in writing to the Secretary of State, under regulations the Sec-
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1 retary prescribes, the facts on which the officer’s belief is based. If the Sec2 retary approves the certificate, the Secretary shall provide a copy to the At3 torney General and direct the officer to provide a copy to the individual.

4 § 20907. Certifications of records

5 The Attorney General may make a certification of any part of a natu6 ralization record of a court, a certificate of naturalization, or a certificate

7 of citizenship, for use in complying with a law or in a judicial proceeding.

8 The clerk of a court may make such a certification only on order of the

9 court.

10 CHAPTER 211—MISCELLANEOUS

Sec.

21101. Procedure if denied a right or privilege as a national.

21102. Information about citizenship.

11 § 21101. Procedure if denied a right or privilege as a na12 tional

13 (a) INDIVIDUALS IN THE UNITED STATES.—(1) Except as provided by

14 paragraph (4) of this subsection, an individual in the United States may

15 bring a civil action under section 2201 of title 28 against the head of an

16 agency for a judgment declaring that the individual is a national of the

17 United States if—

18 (A) the individual claims a right or privilege as a national of the

19 United States; and

20 (B) the head of the agency denies the claim because the individual

21 is not a national of the United States.

22 (2) The action must be brought—

23 (A) in the district court of the United States for the judicial district

24 in which the individual resides or claims to reside; and

25 (B) within 5 years after the final administrative denial of the right

26 or privilege.

27 (3) A court referred to in paragraph (2) of this subsection has jurisdic28 tion over the head of the agency in that action.

29 (4) An individual may not bring an action under this subsection if the

30 issue of the individual’s nationality arose because of a deportation or exclu31 sion proceeding.

32 (b) INDIVIDUALS NOT IN THE UNITED STATES.—(1) An individual not

33 in the United States may apply to a consular officer or diplomatic officer

34 of the United States in the country in which the individual resides for a

35 certificate of identity to travel to the United States and apply for admission

36 if—

37 (A) the individual claims a right or privilege as a national of the

38 United States;
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1 (B) the head of an agency denies the claim because the individual

2 is not a national of the United States; and

3 (C) the individual had been in the United States before applying for

4 the certificate, or the individual is less than 16 years of age and was

5 born outside the United States to a parent who is a citizen of the

6 United States.

7 (2) The diplomatic or consular officer shall grant the certificate if satis8 fied that the application is made in good faith and has a substantial basis.

9 If the officer denies the application, the individual may appeal to the Sec10 retary of State. If the Secretary approves the denial, the Secretary shall

11 state the reasons in writing.

12 (3) The individual may use the certificate to travel to a port of entry and

13 apply for admission to the United States. The individual is subject to the

14 provisions of this title applicable to proceedings for aliens seeking admission

15 to the United States.

16 (4) The Secretary shall prescribe regulations for granting certificates

17 under this subsection.

18 (c) APPLICATION OF LAWS ON ADMISSION OF ALIENS.—An individual de19 scribed by this section who is finally excluded from admission to the United

20 States is subject to all the provisions of this title applicable to aliens seeking

21 admission to the United States.

22 § 21102. Information about citizenship

23 (a) PROMOTING UNITED STATES CITIZENSHIP.—To promote the oppor24 tunities and responsibilities of citizenship of the United States, the Attorney

25 General shall distribute broadly information about the benefits individuals

26 may receive under this subtitle and the requirements to obtain those bene27 fits. In carrying out this subsection, the Attorney General shall seek the as28 sistance of appropriate community groups, private voluntary agencies, and

29 other relevant organizations.

30 (b) INSTRUCTION IN CITIZENSHIP RESPONSIBILITIES.—The Attorney

31 General may promote instruction and training in citizenship responsibilities

32 of applicants for naturalization, including—

33 (1) giving names of applicants for naturalization to public schools;

34 (2) preparing citizenship textbooks and distributing the textbooks

35 without charge to applicants receiving instruction in citizenship respon36 sibilities under the supervision of public schools;

37 (3) preparing and distributing a monthly immigration and natu38 ralization bulletin; and

39 (4) seeking the cooperation of official State and national organiza40 tions, including organizations concerned with vocational education.
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1 (c) REIMBURSEMENT.—Based on a statement by the Attorney General

2 that the citizenship textbooks have been prepared and distributed as pro3 vided by subsection (b)(2) of this section, naturalization fees deposited in

4 the Treasury by the Attorney General may be used to reimburse the appro5 priation of the Department of Justice for the cost of preparing and distrib6 uting the textbooks.

7 SEC. 2. CONFORMING PROVISIONS.

8 (a) TITLE 10.—Section 885 of title 10, United States Code, is amended

9 by adding at the end the following new subsection:

10 ‘‘(d) Any person found guilty of desertion in time of war may not—

11 ‘‘(1) hold an office of trust or profit under the United States; or

12 ‘‘(2) exercise the rights of a citizen of the United States.’’.

13 (b) MILITARY SELECTIVE SERVICE ACT.—Section 12 of the Military Se14 lective Service Act (50 App. U.S.C. 462) is amended by adding at the end

15 the following new subsection:

16 ‘‘(h) On conviction by a court of competent jurisdiction, a person reg17 istered under this Act who leaves the district in which registered, or a per18 son (whether or not registered under this Act) who leaves the United States,

19 with the intent to evade a lawfully ordered draft while the United States

20 is at war, may not—

21 ‘‘(1) hold an office of trust or profit under the United States; or

22 ‘‘(2) exercise the rights of a citizen of the United States.’’.

23 (c) ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965.—In the

24 table of contents of the Elementary and Secondary Education Act of 1965

25 (20 U.S.C. 2701 et seq.), strike the analysis for part D of title IV.

26 (d) ACT OF AUGUST 1, 1956.—Section 6(a) of the Act of August 1, 1956

27 (50 U.S.C. 855(a)), is amended by—

28 (1) striking the subsection designation ‘‘(a)’’; and

29 (2) striking ‘‘make’’ and substituting ‘‘makes’’.

30 SEC. 3. CONFORMING CROSS-REFERENCES.

31 (a) TITLE 5.—Section 5549(2) of title 5, United States Code, is amended

32 by striking ‘‘sections 1353a and 1353b’’ and substituting ‘‘section 308’’.

33 (b) TITLE 10.—Title 10, United States Code, is amended as follows:

34 (1) In section 374(b)(4)(A)(ii), strike ‘‘Any of sections 274 through

35 278 of the Immigration and Nationality Act (8 U.S.C. 1324–1328)’’

36 and substitute ‘‘Sections 10147–10151 of title 8’’.

37 (2) In sections 510(b)(1) and 591(b)(1), strike ‘‘the Immigration

38 and Nationality Act (8 U.S.C. 1101 et seq.)’’ and substitute ‘‘title 8’’.

39 (3) In section 2864(a), strike ‘‘section 101(a)(15)(H)(ii) of the Im40 migration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii))’’ and sub41 stitute ‘‘section 2314 or 2315 of title 8’’.
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1 (4) In sections 3253 and 8253, strike ‘‘the Immigration and Nation2 ality Act (8 U.S.C. 1101 et seq.)’’ and substitute ‘‘title 8’’.

3 (c) TITLE 18.—Title 18, United States Code, is amended as follows:

4 (1) In sections 831(c)(2) and 1091(d)(2), strike ‘‘section 101 of the

5 Immigration and Nationality Act (8 U.S.C. 1101)’’ and substitute

6 ‘‘section 129 of title 8’’.

7 (2) In section 1203(c), strike ‘‘section 101(a)(22) of the Immigration

8 and Nationality Act (8 U.S.C. 1101(a)(22))’’ and substitute ‘‘section

9 129 of title 8’’.

10 (3) In section 1546(b), strike ‘‘section 274A(b) of the Immigration

11 and Nationality Act’’ and substitute ‘‘section 11103 of title 8’’.

12 (4) In section 2331(2), strike ‘‘section 101(a)(22) of the Immigra13 tion and Nationality Act’’ and substitute ‘‘section 129 of title 8’’.

14 (5) In section 3077(2)—

15 (A) in clause (A), strike ‘‘section 101(a)(22) of the Immigration

16 and Nationality Act (8 U.S.C. 1101(a)(22))’’ and substitute ‘‘sec17 tion 129 of title 8’’; and

18 (B) in clause (B), strike ‘‘section 101(a)(20) of the Immigration

19 and Nationality Act (8 U.S.C. 1101(a)(20))’’ and substitute ‘‘sec20 tion 126 of title 8’’.

21 (6) In section 3142(d)(1)(B), strike ‘‘section 101(a)(20) of the Im22 migration and Nationality Act (8 U.S.C. 1101(a)(20))’’ and substitute

23 ‘‘section 126 of title 8’’.

24 (7) In section 4113—

25 (A) in subsection (a), strike ‘‘section 1252(b) or section 1254(e)

26 of title 8, United States Code,’’ and substitute ‘‘section 6539(a)

27 or (b) of title 8’’;

28 (B) in subsection (b), strike ‘‘section 1252 of title 8, United

29 States Code,’’ and substitute ‘‘subchapter II of chapter 65 of title

30 8 and’’; and

31 (C) in subsection (c), strike ‘‘section 1226 of title 8, United

32 States Code,’’ and substitute ‘‘subchapter II of chapter 63 of title

33 8 and’’.

34 (d) INTERNAL REVENUE CODE OF 1986.—The Internal Revenue Code of

35 1986 (26 U.S.C. 1 et seq.) is amended as follows:

36 (1) In section 871(c), strike ‘‘subparagraph (F), (J), or (M) of sec37 tion 101(a)(15) of the Immigration and Nationality Act, as amended

38 (8 U.S.C. 1101(a)(15)(F), (J), or (M))’’ and substitute ‘‘section 2310,

39 2311, or 2312 of title 8, United States Code’’.
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1 (2) In sections 872(b)(3), strike ‘‘subparagraph (F) or (J) of section

2 101(a)(15) of the Immigration and Nationality Act, as amended’’ and

3 substitute ‘‘section 2310 or 2312 of title 8, United States Code’’.

4 (3) In sections 877(d), 2107(d), and 2501(a)(3)(A), strike ‘‘, as

5 amended (8 U.S.C. 1401(b), 1482, or 1487)’’ and substitute ‘‘as those

6 sections were in effect on October 9, 1978’’.

7 (4) In section 1441(b), strike ‘‘subparagraph (F), (J), or (M) of sec8 tion 101(a)(15) of the Immigration and Nationality Act’’ and sub9 stitute ‘‘section 2310, 2311, or 2312 of title 8, United States Code,’’.

10 (5) In section 3121(b)—

11 (A) in clause (18), strike ‘‘section 101(a)(15)(H)(ii) of the Im12 migration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii))’’ and

13 substitute ‘‘section 2314 or 2315 of title 8, United States Code’’;

14 and

15 (B) in clause (19), strike ‘‘subparagraph (F), (J), or (M) of sec16 tion 101(a)(15) of the Immigration and Nationality Act, as

17 amended’’ and ‘‘in subparagraph (F), (J), or (M)’’ and substitute

18 ‘‘section 2310, 2311, or 2312 of title 8, United States Code’’ and

19 ‘‘in section 2310, 2311, or 2312’’, respectively.

20 (6) In section 3231(e)(1), strike ‘‘subparagraph (F), (J), or (M) of

21 section 101(a)(15) of the Immigration and Nationality Act, as amend22 ed’’ and ‘‘in subparagraph (F), (J), or (M)’’ and substitute ‘‘section

23 2310, 2311, or 2312 of title 8, United States Code’’ and ‘‘in section

24 2310, 2311, or 2312’’, respectively.

25 (7) In section 3304(a)(14)(A), strike ‘‘section 212(d)(5) of the Im26 migration and Nationality Act’’ and substitute ‘‘section 6123 of title

27 8, United States Code’’.

28 (8) In section 3306(c)—

29 (A) in clause (1)(B), strike ‘‘sections 214(c) and 101(a)(15)(H)

30 of the Immigration and Nationality Act’’ and substitute ‘‘section

31 2314 of title 8, United States Code’’; and

32 (B) in clause (19), strike ‘‘subparagraph (F), (J), or (M) of sec33 tion 101(a)(15) of the Immigration and Nationality Act, as

34 amended (8 U.S.C 1101(a)(15)(F), (J), or (M))’’ and ‘‘in sub35 paragraph (F), (J), or (M)’’ and substitute ‘‘section 2310, 2311,

36 or 2312 of title 8, United States Code’’ and ‘‘in section 2310,

37 2311, or 2312’’, respectively.

38 (9) In section 6103(m)(4)(A)(ii)(II), strike ‘‘section 3(a)(1) of the

39 Migration and Refugee Assistance Act of 1962’’ and substitute ‘‘section

40 13307(a)(1) of title 8, United States Code,’’.

41 (10) In section 7701(b)(5)—
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1 (A) in paragraph (C)(i), strike ‘‘subparagraph (J) of section

2 101(15) of the Immigration and Nationality Act’’ and substitute

3 ‘‘section 2312 of title 8, United States Code’’;

4 (B) in paragraph (D)(i)(I), strike ‘‘subparagraph (F) or (M) of

5 section 101(a)(15) of the Immigration and Nationality Act’’ and

6 substitute ‘‘section 2310 or 2311 of title 8, United States Code’’;

7 and

8 (C) in paragraph (D)(i)(II), strike ‘‘subparagraph (J) of such

9 section 101(15)’’ and substitute ‘‘section 2312 of title 8, United

10 States Code’’.

11 (e) TITLE 28.—Title 28, United States Code, is amended as follows:

12 (1) In section 751(e), strike ‘‘naturalization fees listed in section 742

13 of Title 8 and’’.

14 (2) In section 1821(e), strike ‘‘section 212(d)(5) of the Immigration

15 and Nationality Act (8 U.S.C. 1182(d)(5))’’ and ‘‘section 242(b) of

16 such Act (8 U.S.C. 1252(b))’’ and substitute ‘‘section 6123 of title 8’’

17 and ‘‘section 6532 of title 8’’, respectively.

18 (f) TITLE 46.—Title 46, United States Code, is amended as follows:

19 (1) In section 2101(3a), strike ‘‘section 101(a)(22) of the Immigra20 tion and Nationality Act (8 U.S.C. 1101(a)(22))’’ and substitute ‘‘sec21 tion 129 of title 8’’.

22 (2) In section 8103(i)(1)(C), strike ‘‘the Immigration and National23 ity Act (8 U.S.C. 1101 et seq.)’’ and substitute ‘‘title 8’’.

24 (3) In section 8704, strike ‘‘section 274A of the Immigration and

25 Nationality Act (8 U.S.C. 1324a)’’ and substitute ‘‘chapter 111 of title

26 8’’.

27 SEC. 4. LEGISLATIVE PURPOSE AND CONSTRUCTION.

28 (a) NO SUBSTANTIVE CHANGE.—Sections 1 and 2 of this Act restate,

29 without substantive change, laws enacted before February 1, 1994, that

30 were replaced by those sections. Those sections may not be construed as

31 making a substantive change in the laws replaced. Laws enacted after Janu32 ary 31, 1994, that are inconsistent with this Act supersede this Act to the

33 extent of the inconsistency.

34 (b) REFERENCES.—A reference to a law replaced by section 1 or 2 of

35 this Act, including a reference in a regulation, order, or other law, is

36 deemed to refer to the corresponding provision enacted by this Act.

37 (c) CONTINUING EFFECT.—An order, rule, or regulation in effect under

38 a law replaced by section 1 or 2 of this Act continues in effect under the

39 corresponding provision enacted by this Act until repealed, amended, or su40 perseded.
333

•HR 3809 IH

1 (d) ACTIONS AND OFFENSES UNDER PRIOR LAW.—An action taken or

2 an offense committed under a law replaced by section 1 or 2 of this Act

3 is deemed to have been taken or committed under the corresponding provi4 sion enacted by this Act.

5 (e) INFERENCES.—An inference of a legislative construction is not to be

6 drawn by reason of the location in the United States Code of a provision

7 enacted by this Act or by reason of a caption or catch line of the provision.

8 (f) SEVERABILITY.—If a provision enacted by this Act is held invalid, all

9 valid provisions that are severable from the invalid provision remain in ef10 fect. If a provision enacted by this Act is held invalid in any of its applica11 tions, the provision remains valid for all valid applications that are severable

12 from any of the invalid applications.

13 SEC. 5. REPEALS.

14 (a) INFERENCES OF REPEAL.—The repeal of a law by this Act may not

15 be construed as a legislative inference that the provision was or was not in

16 effect before its repeal.

17 (b) REPEALER SCHEDULE.—The laws specified in the following schedule

18 are repealed, except for rights and duties that matured, penalties that were

19 incurred, and proceedings that were begun before the date of enactment of

20 this Act:

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 ............... ....... ........................

Mar. 3 340 ............ 1(related to the District of Columbia),

2(related to the District of Columbia), 4(related to the District of Columbia).

24 476 ............... 8 79–81

1888

Feb. 1 4 ................ 1(last par. under heading ‘‘Pay Department’’).25 9 ................... 8 63

1891

Mar. 3 551 ............ .............................................................. 26 1084 ............. 8 1552

1893

Mar. 3 206 ............ .............................................................. 27 569 ............... ....... ........................

1894

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 ............... ....... ........................

1900

Apr. 30 339 ............ 4 ........................................................... 31 141 ............... 8 4
334

•HR 3809 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

1901

Mar. 3 853 ............ 1(next-to-last par. before heading ‘‘Quarantine Service’’).31 1155 ............. 8 112

868 ............ .............................................................. 31 1447 ............. ....... ........................

1902

June 14 1088 .......... .............................................................. 32 386 ............... 22 211, 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

P.R. 33 ...... .............................................................. 33 591 ............... 8 1552

1906

May 8 2348 .......... ‘‘Sec. 6(2d sentence less provisos)’’ ..... 34 182 ............... ....... ........................ June 29 3592 .......... .............................................................. 34 596 ............... ....... ........................ 3624 .......... .............................................................. 34 630 ............... 8 407

1910

May 27 258 ............ 9 ........................................................... 36 448 ............... 8 385

June 25 395 ............ 6(1st par.) ........................................... 36 826 ............... 8 1557

401 ............ .............................................................. 36 829 ............... 8 402

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

June 12 27 .............. 1(1st proviso on p. 171) ...................... 40 171 ............... 8 402

June 15 30 .............. 1 of title IX ......................................... 40 227 ............... 22 213

1918

May 9 69 .............. .............................................................. 40 542 ............... 8 359, 406, 416

1919

Aug. 15 50 .............. .............................................................. 41 280 ............... 8 114

1920

June 4 223 ............ 1–5 ....................................................... 41 750 ............... 22 214, 215, 216

June 5 235 ............ 1(2d complete par. on p. 936) ............. 41 936 ............... 8 107

243 ............ .............................................................. 41 981 ............... 8 136

251 ............ .............................................................. 41 1008 ............. 8 137

1921

Mar. 3 120 ............ 3(1st sentence 1st–29th words) .......... 41 1250 ............. ....... ........................ 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 1552

Sept. 22 411 ............ .............................................................. 42 1021 ............. 8 10

1923

Jan. 5 24 .............. (pars. under headings ‘‘Bureau of Immigration’’, ‘‘Immigration Stations’’, and ‘‘Bureau of Naturalization’’).42 1127 ............. 8 1552

1924

June 2 233 ............ .............................................................. 43 253 ............... 8 3, 173, 224

June 7 379 ............ .............................................................. 43 669 ............... 8 228
335

•HR 3809 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

1926

May 25 388 ............ .............................................................. 44 652 ............... 8 374

July 3 738 ............ .............................................................. 44 812 ............... 8 204

772 ............ .............................................................. 44 887 ............... 22 211, 211a,

214a, 217,

217a

1927

Feb. 25 192 ............ 1–3 ....................................................... 44 1234 ............. 8 5b, 5c, 377a

Mar. 4 503 ............ 2 ‘‘Sec. 5a(provisos)’’ .......................... 44 1418 ............. 8 5a

514 ............ .............................................................. 44 1455 ............. 8 211

1928

Mar. 31 306 ............ .............................................................. 45 400 ............... 8 211

May 29 864 ............ .............................................................. 45 954 ............... 8 109

914 ............ .............................................................. 45 1009 ............. 8 204, 206

1929

Mar. 2 536 ............ .............................................................. 45 1512 ............. 8 361, 402a

Mar. 4 683 ............ .............................................................. 45 1545 ............. 8 392a

June 24 40 .............. .............................................................. 46 41 ................. 8 180

1930

Apr. 18 184 ............ 1(last par. 2d proviso under heading ‘‘Bureau of Immigration’’).46 216 ............... 8 118

June 13 476 ............ .............................................................. 46 581 ............... 8 213

June 19 544 ............ .............................................................. 46 787 ............... 8 3a

July 1 782 ............ .............................................................. 46 839 ............... 22 217a

July 3 826 ............ .............................................................. 46 849 ............... 8 137a

835 ............ .............................................................. 46 854 ............... 8 9, 204

1931

Feb. 21 270 ............ .............................................................. 46 1205 ............. 8 109

Mar. 2 368 ............ .............................................................. 46 1467 ............. 8 1353a, 1353b

Mar. 3 442 ............ .............................................................. 46 1511 ............. 8 370

1932

May 2 156 ............ .............................................................. 47 145 ............... 8 109

May 16 187 ............ .............................................................. 47 157 ............... 22 217a

May 25 203 ............ .............................................................. 47 165 ............... 8 392b–392d,

399c

June 28 283 ............ .............................................................. 47 336 ............... 8 5b, 204a–204d

July 1 363 ............ .............................................................. 47 524 ............... 8 215

July 6 434 ............ .............................................................. 47 607 ............... 8 203

July 11 471 ............ .............................................................. 47 656 ............... 8 204, 206

1934

Mar. 15 70 .............. 1(1st proviso on p. 435 words after

semicolon).

48 435 ............... 8 176

May 7 221 ............ .............................................................. 48 667 ............... 8 3b, 3c

May 24 344 ............ .............................................................. 48 797 ............... 8 137a, 371,

375

June 8 429 ............ .............................................................. 48 926 ............... 8 106a

1935

June 15 255 ............ .............................................................. 49 376 ............... 8 376

1937

May 14 181 ............ .............................................................. 50 164 ............... 8 102

182 ............ .............................................................. 50 164 ............... 8 209, 213

Aug. 23 735 ............ .............................................................. 50 743 ............... 8 392b–392d

1939

June 21 234 ............ .............................................................. 53 851 ............... 8 392b–392d

Aug. 7 517 ............ .............................................................. 53 1243 ............. 8 106a

1940

June 28 439 ............ 20–23, 40, 41 ...................................... 54 671, 676 ...... 8 137, 137–1,

155, 156a

July 1 495 ............ .............................................................. 54 707 ............... 8 368b

502 ............ .............................................................. 54 711 ............... 8 203, 215

July 2 509 ............ .............................................................. 54 715 ............... 8 9a

Aug. 22 688 ............ .............................................................. 54 858 ............... 8 1353d

1941

June 21 210 ............ .............................................................. 55 252 ............... 22 223, 225–

226b

Oct. 13 432 ............ .............................................................. 55 736 ............... 8 457

Oct. 16 446 ............ .............................................................. 55 743 ............... 8 809

1942

Mar. 27 199 ............ 1001 ..................................................... 56 182 ............... 8 1001–1005

Apr. 2 208 ............ .............................................................. 56 198 ............... 8 723

June 20 426 ............ .............................................................. 56 372 ............... 8 109

Oct. 9 585 ............ .............................................................. 56 779 ............... 8 809
336

•HR 3809 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

Dec. 7 690 ............ .............................................................. 56 1041 ............. 8 723a

Dec. 8 696 ............ .............................................................. 56 1043 ............. 8 806

697 ............ .............................................................. 56 1044 ............. 8 155

Dec. 24 819 ............ .............................................................. 56 1085 ............. 8 806

1943

July 12 221 ............ 1(1st proviso on p. 507 words before

semicolon).

57 507 ............... 8 117

July 13 230 ............ .............................................................. 57 553 ............... 8 156

Dec. 17 344 ............ .............................................................. 57 600 ............... 8 703

1944

Jan. 20 2 ................ 1, 3 ...................................................... 58 4 ................... 8 739, 742, 801

June 28 302 ............ 201(1st proviso on p. 558) .................. 58 558 ............... 8 117

July 1 368 ............ .............................................................. 58 677 ............... 8 801, 803

373 ............ 713(12th par. on p. 716) .................... 58 716 ............... 8 152

Sept. 27 415 ............ .............................................................. 58 745 ............... 8 742

418 ............ .............................................................. 58 746 ............... 8 136, 801

419 ............ .............................................................. 58 747 ............... 8 809

Sept. 28 446 ............ .............................................................. 58 755 ............... 8 742

Dec. 19 608 ............ .............................................................. 58 816 ............... 8 151, 154, 167,

216

Dec. 22 662 ............ .............................................................. 58 886 ............... 8 1001, 1002

1945

Oct. 11 410 ............ .............................................................. 59 544 ............... 8 809

Oct. 29 437 ............ .............................................................. 59 551 ............... 8 224

438 ............ .............................................................. 59 551 ............... 8 102

Nov. 21 490 ............ .............................................................. 59 585 ............... 8 742

Dec. 28 590 ............ 1(c) ...................................................... 59 658 ............... 8 1001, 1006

591 ............ 1, 2, 4–6 .............................................. 59 659 ............... 8 232–237

Dec. 29 652 ............ 7(c), (d) ............................................... 59 672 ............... 8 203, 215

1946

July 2 534 ............ .............................................................. 60 416 ............... 8 703, 721a,

724

July 31 708 ............ .............................................................. 60 721 ............... 8 601

Aug. 7 768 ............ .............................................................. 60 865 ............... 8 110

Aug. 9 945 ............ .............................................................. 60 975 ............... 8 212a, 213

Aug. 13 958 ............ 5(related to § 611) ............................... 60 1049 ............. 8 152

1947

May 16 72 .............. .............................................................. 61 97 ................. 8 727

May 31 87 .............. .............................................................. 61 121 ............... 8 731, 732, 734,

735

July 1 194 ............ .............................................................. 61 240 ............... 8 742

July 9 211 ............ 1(2d proviso beginning on p. 292 words before semicolon).61 292 ............... 8 103a

July 22 289 ............ .............................................................. 61 401 ............... 8 237

July 23 304 ............ .............................................................. 61 414 ............... 8 3b, 739

July 30 384 ............ .............................................................. 61 630 ............... 8 148

1948

Feb. 28 83 .............. 9(b)(related to § 711) .......................... 62 47 ................. 8 152

May 19 311 ............ .............................................................. 62 241 ............... 8 204, 206

May 25 338 ............ .............................................................. 62 268 ............... 8 137

June 1 360 ............ .............................................................. 62 281 ............... 8 724a

June 3 403 ............ .............................................................. 62 335 ............... 8 210

June 25 656 ............ .............................................................. 62 1026 ............. 8 732

July 1 783 ............ .............................................................. 62 1206 ............. 8 155

1949

June 29 274 ............ .............................................................. 63 282 ............... 8 724a

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. 1 512 ............ 4 ........................................................... 64 384 ............... 8 703

48 1421l

Aug. 19 759 ............ .............................................................. 64 464 ............... 8 239

Sept. 23 1024 .......... 22–30 ................................................... 64 1006 ............. 8 137–137–8,

156, 456, 457,

704, 705, 725,

729, 733–735

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
337

•HR 3809 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

Mar. 20 108 ............ .............................................................. 66 26 ................. 8 110, 144

Apr. 9 171 ............ .............................................................. 66 50 ................. 8 1184(note)

June 18 442 ............ .............................................................. 66 138 ............... 8 156

June 27 477 ............ (less 402(a)–(d)) .................................. 66 163 ............... 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

22 1446

48 1421l

49

App.

177

50

App.

1952–1955,

1961

1953

June 30 162 ............ .............................................................. 67 108 ............... 8 1440a–1440d

1954

June 18 323 ............ .............................................................. 68 264 ............... 8 1184a

July 20 553 ............ .............................................................. 68 495 ............... 8 1435(note)

Sept. 3 1254 .......... .............................................................. 68 1145 ............. 8 1154(note)

1256 .......... .............................................................. 68 1146 ............. 8 1481,

1481(note)

1263 .......... 6, 17, 18 .............................................. 68 1227, 1232 .. 8 1252, 1353c,

1451

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 ......................................................... 70 890 ............... 22 2705

849 ............ 6(b) ...................................................... 70 900 ............... 50 855

1957

Sept. 11 85–316 ...... .............................................................. 71 639 ............... 8 1101,

1151(note),

1153,

1153(note),

1201a(note),

1255b, 1434

1958

July 7 85–508 ...... 21–26 ................................................... 72 351 ............... 8 1101, 1182,

1404(note),

1421, 1455

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 ...... .............................................................. 72 687 ............... 8 1430, 1434

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

Aug. 4 86–129 ...... .............................................................. 73 274 ............... 8 1485, 1486

Sept. 9 86–253 ...... .............................................................. 73 490 ............... 8 1182c, 1205

Sept. 14 86–267 ...... .............................................................. 73 552 ............... 22 217a
338

•HR 3809 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 ...... .............................................................. 73 644 ............... 8 1153,

1153(note),

1155

1960

July 14 86–648 ...... .............................................................. 74 504 ............... 8 1182,

1182(note),

1205, 1251,

1255

1961

Sept. 21 87–256 ...... 109 ....................................................... 75 534 ............... 8 1101, 1182,

1258

Sept. 26 87–301 ...... .............................................................. 75 650 ............... 8 1101, 1105a,

1105a(note),

1152,

1153(note),

1155, 1182–

1182c, 1201,

1202, 1205,

1251, 1251a,

1255a(note),

1421, 1440,

1451, 1481,

1486

1962

June 28 87–510 ...... .............................................................. 76 121 ............... 8 1104,

1182(note)

22 1925, 1951,

2601,

2601(note),

2602–2605

Oct. 24 87–885 ...... .............................................................. 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 ........ 4401–4410 ........................................... ....... ...................... 20 3121–3130

Oct. 3 89–236 ...... .............................................................. 79 911 ............... 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

1969

Dec. 5 91–136 ...... .............................................................. 83 283 ............... 8 1447

1970

Apr. 7 91–225 ...... .............................................................. 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)
339

•HR 3809 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

1972

Oct. 27 92–584 ...... .............................................................. 86 1289 ............. 8 1401, 1401b

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, 906 ...................................... 90 2300, 2325 .. 8 1101,

1101(note),

1182,

1182(note)

Oct. 18 94–550 ...... 7 ........................................................... 90 2535 ............. 8 1357

Oct. 20 94–571 ...... 1–7, 9, 10 ............................................ 90 2703, 2707 .. 8 1101,

1101(note),

1151–1153,

1153(note),

1154, 1181,

1182, 1251,

1254, 1255

1977

Aug. 1 95–83 ........ 307(q) .................................................. 91 394 ............... 8 1101,

1101(note),

1182,

1182(note)

Aug. 17 95–105 ...... 109(b) .................................................. 91 847 ............... 8 1101, 1104,

1104(note),

1105

Oct. 28 95–145 ...... .............................................................. 91 1223 ............. 8 1255(note)

22 2601(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 ...... .............................................................. 92 2065 ............. 8 1182, 1251,

1253, 1254

22 2601(note)

Nov. 2 95–579 ...... 3 ........................................................... 92 2474 ............. 8 1423

95–582 ...... 2 ........................................................... 92 2479 ............. 8 1324

1979

Sept. 27 96–70 ........ 3201 ..................................................... 93 496 ............... 8 1101,

1101(note),

1182,

1182(note)

Nov. 30 96–132 ...... 23 ......................................................... 93 1050 ............. 8 1151(note)
340

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Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

Volume Page Title Section

1980

Mar. 17 96–212 ...... (less §§ 101, 203(i)(related to the first

section of Pub. L. 89–732),

313(c)(2), 401).

94 102 ............... 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)

Oct. 10 96–422 ...... .............................................................. 94 1799 ............. 8 1522(note)

96–424 ...... .............................................................. 94 1820 ............. 8 1522(note)

Oct. 17 96–465 ...... 2206(a)(10) ......................................... 94 2162 ............. 22 2605

Oct. 19 96–470 ...... 207 ....................................................... 94 2245 ............. 8 1154

Dec. 17 96–538 ...... 404 ....................................................... 94 3192 ............. 8 1182

1981

Aug. 13 97–35 ........ 525, 526, 541–547, 1502 .................... 95 450, 458,

459, 750.

8 1522(note),

1524(note)

20 239a

Dec. 29 97–113 ...... 714 ....................................................... 95 1548 ............. 8 1152(note)

97–116 ...... .............................................................. 95 1611 ............. 8 1101,

1101(note),

1105a, 1151,

1151(note),

1152, 1154,

1182,

1182(note),

1201, 1203,

1221, 1227,

1251–1255,

1255b, 1258,

1305, 1324,

1356, 1361,

1401a, 1409,

1427, 1431–

1433, 1439,

1440, 1445–

1448, 1452,

1455, 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
341

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Date Chapter or

Public Law Section

Statutes at Large U.S. Code

Volume Page Title Section

1986

Aug. 27 99–396 ...... 15, 16 .................................................. 100 842 ............... 8 1182, 1408,

1408(note),

1452,

1452(note)

Oct. 18 99–500 ...... 205, 206 .............................................. 100 1783–53 ....... 8 1222, 1223,

1356

Oct. 21 99–505 ...... .............................................................. 100 1806 ............. 8 1101,

1101(note)

Oct. 27 99–570 ...... 1751(a)–(d) ......................................... 100 3207–47 ....... 8 1182,

1182(note),

1251, 1357

Oct. 30 99–591 ...... 205, 206 .............................................. 100 3341–53 ....... 8 1222, 1223,

1356

Nov. 6 99–603 ...... 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, 403, 406–501, 701, 702.

100 3360, 3373,

3374,

3381,

3384,

3394,

3404,

3411,

3417,

3422,

3431,

3434,

3440,

3441,

3443, 3445.

8 1101,

1101(note),

1152,

1152(note),

1153(note),

1160,

1160(note),

1161, 1184,

1186,

1186(note),

1187, 1251,

1252, 1254,

1255, 1255a,

1255a(note),

1258, 1259,

1259(note),

1321, 1324,

1324a,

1324a(note),

1324b,

1324b(note),

1357, 1364

42 405(note)

99–605 ...... .............................................................. 100 3449 ............. 8 1101(note),

1522,

1522(note),

1523, 1524

Nov. 10 99–639 ...... .............................................................. 100 3537 ............. 8 1101(note),

1154,

1154(note),

1182,

1182(note),

1184,

1184(note),

1186a, 1251,

1255, 1325

Nov. 14 99–653 ...... 1–20, 22 .............................................. 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 .... 211, 702, 622(b) ................................. 101 1329–18,

1329–39,

1329–428.

8 1160,

1201(note)

22 211a(note)

100–204 .... 745, 806(c), 903 .................................. 101 1396, 1399,

1401.

8 1182,

1201(note)

22 2601(note)

1988

Jan. 11 100–239 .... 5(f)(3) .................................................. 101 1781 ............. 46 8704(note)

Apr. 28 100–297 .... 1001, 6209 .......................................... 102 242, 427 ...... 20 3121–3130,

3130(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
342

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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 .... 2(a)(1), (b), (d)–(f)(1), (h)(1), (i)–

(l)(3), (4)(less related to § 301(f)),

(5), (m)–(q), 3–8(o ), (q), 9.

102 2609, 2610,

2611,

2612,

2614,

2618, 2619.

8 1101,

1101(note),

1102–1104,

1105a, 1152,

1153(note),

1154, 1157,

1160, 1161,

1182,

1182(note),

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, 1459,

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 beginning on p. 1000), 611.103 1000, 1038 .. 8 1101,

1101(note),

1255a(note),

1356

101–166 .... (par. under heading ‘‘Interim Assistance to States for Legalization’’).103 1174 ............. 8 1255a(note)

Dec. 18 101–238 .... 3, 4, 6 .................................................. 103 2100, 2104 .. 8 1101, 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

Nov. 5 101–515 .... 210(a), (d) ........................................... 104 2120, 2121 .. 8 1356

101–517 .... (par. under heading ‘‘Interim Assist- ance to States for Legalization’’).104 2206 ............. 8 1255a(note)

101–604 .... 203(d) .................................................. 104 3083 ............. 8 1380(note)
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Date Chapter or

Public Law Section

Statutes at Large U.S. Code

Volume Page Title Section

Nov. 29 101–649 .... 101(a), (b), 102–104, 111, 121–124,

131, 133, 134, 142, 151, 153, 155,

161, 162(a)–(e)(3), (6), (f)(2), (3),

201–207(b), 208, 209, 222, 223,

231, 302(a), (b), 303, 401–404,

406, 407, 501–506, 508–511, 513–

515, 521, 531–539, 541–545,

601(a), (b), (d), (e), 602(a), (b),

(d), 603(a)(1)–(19), (21), (24),

(b)(1)–(4), 701–705.

104 4980, 4987,

5000,

5005,

5007,

5011,

5012,

5026,

5028,

5030,

5036,

5040,

5048,

5051,

5052,

5075,

5082,

5084, 5085.

8 1101,

1101(notes),

1102, 1103,

1105a,

1105a(notes),

1151, 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,

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, 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

Nov. 26 102–170 .... (pars. under heading ‘‘Interim Assist- ance to States for Legalization’’).105 1124 ............. 8 1255a(note)
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Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

Volume Page Title Section

Dec. 12 102–232 .... 101, 102, 201, 202(a), 203–208,

302(a)(1), (3), (b)(2)–(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)(7), (m), 308–310.

105 1733, 1742,

1743,

1744,

1745,

1746,

1748,

1749,

1751, 1757.

8 1101,

1101(notes),

1102, 1105a,

1105a(note),

1151–1153,

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. 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 ‘‘Immigration Emergency Fund’’).107 1161 ............. 8 1356,

1356(note)

Dec. 8 103–182 .... 341, 342 .............................................. 107 2116 ............. 8 1184

19 3401

Dec. 17 103–198 .... 8(a)–(c)(1) ........................................... 107 2313 ............. 8 1288

Dec. 20 103–206 .... 323(a)–(c)(1) ....................................... 107 2428 ............. 8 1288

Revised Statutes

Revised Statutes Section

United States Code

Title Section

1995 ............................................................................. 8 2

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
345

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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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