§ 110. Crewmember
In this title, ‘‘crewmember’’ means an individual serving in any capacity
on a vessel or aircraft.
§ 111. Entry
In this title, ‘‘entry’’ means a coming of an alien into the United States
from a foreign port or place or from American Samoa, whether voluntarily
or not. However, an alien having a lawful permanent residence in the
United States is deemed not to be making an entry under the immigration
laws if the alien—
(1) satisfies the Attorney General that the alien did not intend or
reasonably expect to depart to a foreign port or place or to American
Samoa or that the alien’s presence in a foreign port or place or in
American Samoa was involuntary; and
(2) did not depart because of deportation, extradition, or other legal
process.
§ 112. Executive agency
In this title, ‘‘executive agency’’ means a department, agency, or instru-
mentality in the executive branch of the United States Government.
§ 113. Executive capacity
(a) GENERAL.—In this title, ‘‘executive capacity’’ means a capacity in
which an employee of an organization primarily—
(1) directs the management of the organization or a major compo-
nent or function of the organization;
(2) establishes the goals and policies of the organization, component,
or function;
(3) has wide latitude in making discretionary decisions; and
(4) receives only general supervision or direction from higher level
executives, the board of directors, or stockholders of the organization.
(b) STAFFING LEVELS AS FACTOR.—If staffing levels are used as a fac-
tor in deciding whether an individual is acting in an executive capacity, the
Attorney General shall consider the reasonable needs of the organization,
component, or function in light of the overall purpose and stage of develop-
ment of the organization, component, or function. An individual is not act-
ing in an executive capacity only because of the number of employees the
individual supervises, directs, or has supervised or directed.
§ 114. Foreign country
In this title, ‘‘foreign country’’ includes the territories and possessions of
a foreign country, but a self-governing dominion or a territory under trust-
eeship is deemed to be a separate foreign country.
§ 115. Good moral character
In this title, each of the following individuals is an individual not of good
moral character:
(1) an individual who, during the period for which good moral char-
acter is required—
(A) was a habitual drunkard;
(B) was within a class of individuals, whether excludable or not,
described in—
(i) section 6306 or 6307(a)(5) or (6) of this title; or
(ii) section 6307(a)(1)–(4) of this title (except as section
6307(a)(3) relates to a single offense of simple possession of
not more than 30 grams of marijuana), if the individual ad-
mits committing or was convicted of committing the offense
and committed the offense during the period for which good
moral character is required;
(C) derived income principally from unlawful gambling activi-
ties;
(D) committed at least 2 gambling offenses for which the indi-
vidual has been convicted;
(E) gave false testimony to obtain a benefit under this title (ex-
cept subchapter I of chapter 5, subchapters II and III of chapter
131, and chapters 133–137); or
(F) served a total of at least 180 days in a penal institution
for conviction of an offense or offenses, even if the offense or of-
fenses were not committed during the period for which good moral
character is required.
(2) an individual convicted of murder or, after November 28, 1990,
of another aggravated felony, regardless of whether the offense or con-
viction was during the period for which good moral character is re-
quired.
(3) an individual found for other reasons to be not of good moral
character.
§ 116. Graduate of a medical school
In this title, ‘‘graduate of a medical school’’ means an alien who has
graduated from a medical school or has qualified to practice medicine in a
foreign country, except an alien of national or international renown in the
field of medicine.
§ 117. Immediate relative
In this title, ‘‘immediate relative’’ means—
(1) a child of a citizen of the United States;
(2) a spouse of a citizen of the United States, except that if the citi-
zen has died, the spouse and each child of the spouse remains an im-
mediate relative after the death only if the spouse—
(A) was married to the citizen for at least 2 years before the
date of death;
(B) was not legally separated from the citizen on the date of
death;
(C) files a petition under section 4301(a)(2) of this title not
later than 2 years after the date of death; and
(D) has not remarried; and
(3) a parent of a citizen of the United States if the citizen is at least
21 years of age.
§ 118. Immigrant
In this title, ‘‘immigrant’’ means any alien except a nonimmigrant.
§ 119. Immigration judge
In this title, ‘‘immigration judge’’ means an officer or employee of the
United States Government designated by the Attorney General, individually
or by regulation, to carry out the duties and powers of an immigration
judge.
§ 120. Immigration laws
In this title, ‘‘immigration laws’’ includes this title and all laws, conven-
tions, and treaties of the United States related to the immigration, exclu-
sion, or deportation of aliens.
§ 121. Immigration officer
In this title, ‘‘immigration officer’’ means an officer or employee of the
United States Government designated by the Attorney General, individually
or by regulation, to carry out the duties and powers of an immigration offi-
cer.
§ 122. Ineligible for citizenship
In this title, ‘‘ineligible for citizenship’’, notwithstanding any treaty relat-
ed to military service, means permanently debarred at any time under this
title or any other law from becoming a citizen of the United States.
§ 123. International organization
In this title, ‘‘international organization’’ means an international organi-
zation as defined in section 1 of the International Organizations Immunities
Act (22 U.S.C. 288).
§ 124. Lawfully admitted for permanent residence
In this title, ‘‘lawfully admitted for permanent residence’’ means the sta-
tus of lawfully having been given the privilege of residing permanently in
the United States as an immigrant under the immigration laws, that status
not having changed.