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(d) EMPLOYMENT AUTHORIZATION.—An applicant for asylum is entitled
to employment authorization only as the Attorney General may provide by
regulation.
(e) EXPEDITED DEPORTATION FOR DENIED ASYLUM APPLICATIONS.—
(1) The Attorney General may provide for the expeditious adjudication of
asylum claims and, unless an applicant for asylum remains in an otherwise
valid nonimmigrant status, the expeditious deportation of asylum applicants
whose applications have been denied finally.
(2) Not more than the following amounts may be appropriated to the At-
torney General to carry out this subsection:
(A) $64,000,000 for the fiscal year ending September 30, 1995.
(B) $90,000,000 for the fiscal year ending September 30, 1996.
(C) $93,000,000 for the fiscal year ending September 30, 1997.
(D) $91,000,000 for the fiscal year ending September 30, 1998.
§ 5107. Adjustment of status
(a) INSPECTION AND EXAMINATION OF REFUGEES FOR ADMISSION AS
IMMIGRANTS.—(1) An alien admitted as a refugee under section 5105 of
this title and physically present in the United States for at least one year
shall return or be returned to the custody of the Attorney General at the
end of the year for inspection and examination for admission as an immi-
grant under sections 6103, 6331, and 6332 of this title if—
(A) the refugee’s status as a refugee has not been ended by the
Attorney General; and
(B) the refugee has not been lawfully admitted for permanent resi-
dence.
(2) A refugee found to be admissible (except as otherwise provided under
subsections (d)(2) and (e) of this section) as an immigrant under this title
at the time of the refugee’s inspection and examination under paragraph (1)
of this subsection shall be lawfully admitted for permanent residence as of
the date of the refugee’s arrival in the United States. Admission is without
regard to the numerical limitations of this title.
(b) ALIENS GRANTED ASYLUM.—(1) Under regulations the Attorney
General prescribes, not more than 10,000 of the refugee admissions author-
ized in a fiscal year under section 5102 of this title may be made available
by the Attorney General to adjust the status of aliens granted asylum under
section 5106 of this title to that of aliens lawfully admitted for permanent
residence. The status of an alien may be adjusted when the alien—
(A) applies for the adjustment;
(B) has been physically present in the United States for at least one
year after being granted asylum;
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(C) continues to be a refugee as required by section 5106 of this title
or a spouse or child of the refugee;
(D) is not resettled firmly in a foreign country; and
(E) is admissible (except as otherwise provided under subsections
(d)(2) and (e) of this section) as an immigrant under this title at the
time of examination for the adjustment.
(2) On approval of an application under paragraph (1) of this subsection,
the Attorney General shall record the lawful admission for permanent resi-
dence of the alien as of the date one year before the date of approval.
(c) CERTAIN FORMER ASYLEES.—(1) Except as provided in paragraph
(2) of this subsection and subsection (d)(1) of this section, subsection (b)
of this section applies to an alien granted asylum before November 29, 1990
(even if asylum had been ended under section 5106(b) of this title) who—
(A) is no longer a refugee because of a change in circumstances in
a foreign country; and
(B) was or would be qualified for adjustment of status under sub-
section (b) on November 29, 1990, except for subsection (b)(1)(B) and
(C) and the numerical limitation under subsection (b).
(2) The number of aliens who are natives of a foreign country who may
adjust their status under paragraph (1) of this subsection in a fiscal year
may not be more than the difference between the foreign country limitation
established under section 4110(a) of this title and the number of aliens
chargeable to the country in the fiscal year under section 4111 of this title.
(d) NONAPPLICATION.—(1) The numerical limitation of subsection (b) of
this section does not apply to an alien described in subsection (c) of this
section or to an alien who applied for adjustment of status under subsection
(b) before June 2, 1990.
(2) Sections 6304(a) and 6313(a)(2), (b), and (c) of this title do not
apply to an alien seeking adjustment of status under this section.
(e) WAIVER.—The Attorney General may waive subchapter I of chapter
63 of this title (except sections 6307(a)(3), 6308(a)–(c), and 6309) for an
alien—
(1) for humanitarian purposes;
(2) to ensure family unity; or
(3) when otherwise in the public interest.
PART D—ENTRY, EXCLUSION, AND DEPORTATION
CHAPTER 61—ARRIVAL, INSPECTION, AND ADMISSION
SUBCHAPTER I—GENERAL
Sec.
6101.
Time and place of entry.
6102.
Presentation of documentation.
6103.
Inspection of arriving individuals.
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6104.
Physical and mental examinations of arriving aliens.
6105.
Custody pending decisions on excluding aliens convicted of aggravated felonies.
6106.
Presidential authority to limit entry of aliens.
6107.
Denial of admission of United Nations representatives because of espionage.
SUBCHAPTER II—ADMISSION OF CERTAIN ALIENS
6121.
Lawfully admitted aliens returning after temporary absence.
6122.
Temporary admission of excludable nonimmigrants.
6123.
Temporary parole.
6124.
Accredited officials of foreign governments.
6125.
Alien witnesses.
SUBCHAPTER I—GENERAL
§ 6101. Time and place of entry
An alien may enter the United States only at the time and place des-
ignated by an immigration officer.
§ 6102. Presentation of documentation
(a) IMMIGRANT ARRIVALS.—An alien arriving in the United States as an
immigrant shall surrender the alien’s immigrant visa to the immigration of-
ficer at the port of entry. The immigration officer shall endorse on the
visa—
(1) the date and the port of arrival;
(2) the identity of the vessel, aircraft, or other means of transpor-
tation; and
(3) other information required by regulation.
(b) NONIMMIGRANT ARRIVALS.—(1) Except as provided in paragraph (2)
of this subsection, an alien arriving in the United States as a nonimmigrant
shall present or surrender to the immigration officer at the port of entry
documentation required by regulation.
(2) An alien arriving in the United States as a nonimmigrant crew-
member with a passport and no other documentation may be admitted until
it is practicable to issue documentation to the alien if—
(A) the name of the crewmember is on the crew list of the vessel
or aircraft on which the crewmember arrives;
(B) a consular officer visas the crew list (but the consular officer
may exclude a crewmember from the crew list visa); and
(C) the alien is otherwise admissible.
(c) RECORDS OF ADMISSION.—The Attorney General shall file—
(1) as a record of an alien’s admission, an immigrant visa surren-
dered by the alien under subsection (a) of this section; and
(2) a record of entry into the United States that the Attorney Gen-
eral considers necessary to enforce the immigration laws, on the admis-
sion of—
(A) a returning resident immigrant under section 4311(b) of
this title; and
(B) a nonimmigrant.
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§ 6103. Inspection of arriving individuals
(a) GENERAL AUTHORITY.—An immigration officer may inspect an indi-
vidual arriving in the United States to decide whether the individual is ad-
missible.
(b) STATEMENTS UNDER OATH.—An individual arriving in the United
States may be required to state under oath—
(1) the individual’s purpose in coming to the United States;
(2) the period the individual intends to remain in the United States;
(3) whether, if an alien, the individual intends to become a citizen
of the United States; and
(4) additional information to assist the immigration officer in decid-
ing whether the individual is a national of the United States or an
alien, and if an alien, whether the individual is excludable.
(c) ALIENS
SUSPECTED
OF
BEING
EXCLUDABLE
BECAUSE
OF
HEALTH.—If an alien arriving in the United States is suspected of being
excludable under section 6302(a) of this title, an immigration officer shall
detain the alien for a sufficient time to have the alien undergo a physical
and mental examination under section 6104 of this title.
(d) DETENTION FOR PROCEEDING BEFORE IMMIGRATION JUDGE.—(1)
Except as provided in paragraph (2) of this subsection, an alien shall be
detained for a proceeding before an immigration judge under section 6331
of this title if—
(A) the immigration officer has any doubt about the alien’s admissi-
bility; or
(B) another immigration officer challenges the first immigration offi-
cer’s decision to admit the alien.
(2) Paragraph (1) of this subsection does not apply to an alien who is—
(A) a crewmember;
(B) a stowaway; or
(C) excluded from admission under subsection (e) of this section.
(e) ALIENS DANGEROUS TO NATIONAL SECURITY.—(1) If an immigra-
tion officer or an immigration judge suspects that an alien may be exclud-
able under section 6308(a)(1)–(3), (b), or (c) of this title, the officer or
judge shall exclude the alien temporarily from admission and report the ex-
clusion to the Attorney General. No further inquiry may be conducted until
ordered by the Attorney General. The alien or the alien’s representative may
submit a written statement and additional information for consideration by
the Attorney General.
(2) The Attorney General may order the alien excluded and deported
without further inquiry by an immigration judge if the Attorney General—