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 cer-
tain general and permanent laws, related to aliens and
nationality, as title 8, United States Code, ‘‘Aliens and
Nationality’’.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. TITLE 8, UNITED STATES CODE.
Certain general and permanent laws of the United States, related to
aliens and nationality, are revised, codified, and enacted as title 8, United
States Code, ‘‘Aliens and Nationality’’, as follows:
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
SUBTITLE I—GENERAL
CHAPTER
Sec.
1.
DEFINITIONS ................................................................................................
101
3.
ORGANIZATION AND ADMINISTRATION ...............................................
301
5.
PASSPORTS AND TRAVEL REQUIREMENTS .........................................
501
7.
GENERAL MISCELLANEOUS .....................................................................
701
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.
§ 101. Adjacent islands
In this title, ‘‘adjacent islands’’ includes the Bahamas, Barbados, Ber-
muda, Cuba, the Dominican Republic, Haiti, Jamaica, Martinique,
Miquelon, Saint Pierre, Trinidad, the Windward and Leeward Islands, and
other British, French, and Dutch territories and possessions in or bordering
on the Caribbean Sea.
§ 102. Advocates
In this title, ‘‘advocates’’ includes advises, recommends, furthers by overt
act, and admits belief in.
§ 103. Advocating a doctrine
In this title, ‘‘advocating a doctrine’’ includes giving, lending, or promis-
ing support, money, or other value to be used for advocating a doctrine.
§ 104. Affiliating with an organization
In this title, ‘‘affiliating with an organization’’ is presumed from giving,
lending, or promising support, money, or other value to an organization for
any purpose.
§ 105. Agency
In this title, ‘‘agency’’ means a department, agency, or instrumentality
of the United States Government.
§ 106. Aggravated felony
(a) GENERAL.—In this title, ‘‘aggravated felony’’ means any of the fol-
lowing, or an attempt or conspiracy to commit any of the following:
(1) murder.
(2) illicit trafficking in a controlled substance (as defined by section
102 of the Comprehensive Drug Abuse Prevention and Control Act of
1970 (21 U.S.C. 802)), including a drug trafficking crime (as defined
by section 924(c)(2) of title 18).
(3) illicit trafficking in a firearm or destructive device (as defined by
section 921(a) of title 18).
(4) an offense described by section 1956 of title 18.
(5) a crime of violence (as defined by section 16 of title 18, except
a purely political offense) for which the term of imprisonment imposed
(regardless of any suspension) is at least 5 years.
(b) APPLICABLE LAW.—Subsection (a) of this section applies to an of-
fense under a law of—
(1) a State or the United States; or
(2) a foreign country if the term of imprisonment for the offense was
completed within the prior 15 years.
§ 107. Alien
In this title, ‘‘alien’’ means an individual who is not a national of the
United States.
§ 108. Application for admission
In this title, ‘‘application for admission’’ means an application for admis-
sion to the United States and not an application for a visa.
§ 109. Border crossing identification card
In this title, ‘‘border crossing identification card’’ means a document of
identity—
(1) having the designation ‘‘border crossing identification card’’;
(2) granted by a consular officer or an immigration officer to an
alien lawfully admitted for permanent residence or an alien residing in
foreign territory contiguous to the United States; and
(3) to be used by the alien in crossing a border between the United
States and foreign territory contiguous to the United States.
§ 110. Child
(a) SUBTITLES I–III.—In subtitles I–III of this title, ‘‘child’’ means an
unmarried individual under 21 years of age who—
(1) is a legitimate child;
(2) is a stepchild, whether or not born illegitimate, if the child was
under 18 years of age when the marriage making the child a stepchild
occurred;
(3) was legitimated under the law of the child’s or father’s residence
or domicile if the legitimation occurred when the child was under 18
years of age and in the legal custody of the legitimating parent or par-
ents;
(4) is illegitimate, but the individual is a child only in regard to the
individual’s—
(A) natural mother; or
(B) natural father if the father has or had a parent-child rela-
tionship with the child;
(5) was adopted under 16 years of age if the child has been in the
legal custody of, and resided with, the adopting parent or parents for
at least 2 years; or
(6)(A) is under 16 years of age when a petition is filed to classify
the child as an immediate relative;
(B) is an orphan because both parents have died, disappeared, de-
serted the child, or been separated from the child, or has only one par-
ent and the parent is unable to provide the proper care and irrevocably
in writing has released the child for emigration and adoption, except
that in this clause the term ‘‘parent’’ does not include the natural fa-
ther if—
(i) the child is illegitimate as described by clause (4) of this sub-
section and has not been legitimated as described by clause (3) of
this subsection; and
(ii) the father has disappeared or deserted the child or irrev-
ocably in writing has released the child for emigration and adop-
tion;
(C)(i) was adopted outside the United States by a citizen of the
United States and the citizen’s spouse, or by an unmarried citizen of
the United States at least 25 years of age, who observed the child be-
fore or during the adoption proceedings; or
(ii) is coming to the United States for adoption by a citizen of the
United States and the citizen’s spouse, or by an unmarried citizen of
the United States at least 25 years of age, who complied with the
preadoption requirements of the child’s proposed residence; and
(D) will be cared for properly to the satisfaction of the Attorney
General if admitted to the United States.
(b) SUBTITLE V.—In subtitle V of this title, ‘‘child’’ means an unmarried
individual under 21 years of age and includes a child who—
(1) is a legitimate child;
(2) was legitimated under the law of the child’s or father’s residence
or domicile (even if outside the United States) if the legitimation oc-
curred when the child was under 16 years of age and in the legal cus-
tody of the legitimating parent or parents; or
(3) except as provided by sections 20305–20307 of this title, was
adopted in the United States if the adoption occurred when the child
was under 16 years of age and in the legal custody of the adopting
parent or parents.
§ 111. Consular officer
In this title, ‘‘consular officer’’ means an officer or employee of the Unit-
ed States Government designated under regulations to grant visas.
§ 112. Crewmember
In this title, ‘‘crewmember’’ means an individual serving in any capacity
on a vessel or aircraft.
§ 113. Doctrine
In this title, ‘‘doctrine’’ includes a policy, practice, purpose, aim, or proce-
dure.
§ 114. 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 and includes a com-
ing into the United States involuntarily. 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 departure was involuntary; and
(2) did not depart because of deportation, extradition, or other legal
process.
§ 115. Executive agency
In this title, ‘‘executive agency’’ means a department, agency, or instru-
mentality in the executive branch of the United States Government.
§ 116. Executive capacity
(a) GENERAL.—In this title, ‘‘executive capacity’’ means an assignment
of an individual employed in an organization in which the individual pri-
marily—
(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.
§ 117. 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.
§ 118. 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 by—
(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) is related to a single offense of simple possession
of not more than 30 grams of marijuana), if the individual
admits 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 III and IV 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.
§ 119. 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.
§ 120. 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 remains an immediate 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)(1) 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.
§ 121. Immigrant
In this title, ‘‘immigrant’’ means any alien except a nonimmigrant.
§ 122. 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, deportation, or expulsion of aliens.
§ 123. 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 under this title.
§ 124. Ineligible for citizenship
In this title, ‘‘ineligible for citizenship’’ means permanently debarred at
any time under this title or another law from becoming a citizen of the
United States.
§ 125. International organization
In this title, ‘‘international organization’’ means an international organi-
zation as defined by section 1 of the International Organizations Immunities
Act (22 U.S.C. 288).
§ 126. 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.
§ 127. Managerial capacity
(a) GENERAL.—In this title, ‘‘managerial capacity’’ means an assignment
of an individual employed in an organization in which the individual pri-
marily—
(1) manages the organization or a department, subdivision, compo-
nent, or function of the organization;
(2) supervises and controls the work of other supervisory, profes-
sional, or managerial employees, or manages an essential function in
the organization or a department or subdivision of the organization;
(3)(A) has the authority to hire and fire or recommend hiring, firing,
and other personnel actions, if an employee is supervised directly; or
(B) works at a senior level in the organizational hierarchy or with
regard to the function managed, if no employee is supervised directly;
and
(4) has discretion over the day-to-day operations of the activity or
function for which the individual has authority.
(b) FIRST-LINE SUPERVISOR.—A first-line supervisor does not act in a
managerial capacity only because of the supervisor’s supervisory duties un-
less the employees supervised are professional.
(c) STAFFING LEVELS AS FACTOR.—If staffing levels are used as a factor
in deciding whether an individual is acting in a managerial capacity, the At-
torney General shall consider the reasonable needs of the organization, com-
ponent, or function in light of the overall purpose and stage of development
of the organization, component, or function. An individual is not acting in
a managerial capacity only because of the number of employees the individ-
ual supervises, directs, or has supervised or directed.
§ 128. National
In this title, ‘‘national’’ means an individual owing permanent allegiance
to a country.
§ 129. National of the United States
In this title, ‘‘national of the United States’’ means—
(1) a citizen of the United States; or
(2) an individual, not a citizen of the United States, owing perma-
nent allegiance to the United States.
§ 130. Naturalization
In this title, ‘‘naturalization’’ means the conferring of nationality of a
country on an individual after birth by any means.
§ 131. Nonimmigrant
In this title, ‘‘nonimmigrant’’ means an alien classified as a non-
immigrant under subchapter I of chapter 23 of this title.
§ 132. Organization
In this title, ‘‘organization’’ includes a corporation, partnership, associa-
tion, trust, foundation, fund, or group of persons associated together with
joint action on any subject.
§ 133. Parent, father, and mother
(a) SUBTITLES I–III.—In subtitles I–III of this title, ‘‘parent’’, ‘‘father’’,
and ‘‘mother’’ mean a parent, father, and mother of a child, but do not in-
clude—
(1) the natural parent of a child as defined by section 110(a)(5) of
this title; or
(2) the natural parent or prior adoptive parent of a child as defined
by section 110(a)(6) of this title.
(b) SUBTITLE V.—In subtitle V of this title, ‘‘parent’’, ‘‘father’’, and
‘‘mother’’ include a deceased parent, father, and mother of a posthumous
child.
§ 134. Passport
In this title, ‘‘passport’’ means a travel document—
(1) granted by competent authority;
(2) showing the bearer’s origin, identity, and nationality; and
(3) valid for the entry of the bearer into a foreign country.
§ 135. Refugee
In this title (except chapters 133 and 135), ‘‘refugee’’—
(1) means an individual who—
(A)(i) is outside the country of the individual’s nationality or,
if the individual has no nationality, is outside the country in which
the individual last habitually resided; and
(ii) is unable or unwilling to return to, and make use of the pro-
tection of, that country because of persecution or a well-founded
fear of persecution because of race, religion, nationality, member-
ship in a particular social group, or political opinion; or
(B) in circumstances the President after appropriate consulta-
tion (as defined by section 5101(a) of this title) specifies—
(i) is in the country of the individual’s nationality or, if the
individual has no nationality, is in the country in which the
individual is habitually residing; and
(ii) is persecuted or has a well-founded fear of persecution
because of race, religion, nationality, membership in a par-
ticular social group, or political opinion; but
(2) does not include an individual who ordered, incited, assisted, or
otherwise participated in the persecution of an individual because of
race, religion, nationality, membership in a particular social group, or
political opinion.
§ 136. Residence
In this title, ‘‘residence’’ means the principal, actual dwelling place of an
individual without regard to the individual’s intent.
§ 137. Special immigrant
(a) GENERAL.—In this title, ‘‘special immigrant’’ means each of the fol-
lowing immigrants:
(1) an immigrant lawfully admitted for permanent residence return-
ing from a temporary visit outside the United States (including a pe-
riod of employment by the American University of Beirut).
(2) an immigrant who was a citizen of the United States and may
be naturalized under section 20315 or 20317(a) of this title.
(3)(A) an immigrant who—
(i) for at least 2 years immediately before applying for admis-
sion has been a member of a religious denomination having a non-
profit, religious organization in the United States;
(ii) is coming to the United States—
(I) only to serve as a minister of that religious denomina-
tion;
(II) before October 1, 1994, to work for the organization,
at the request of the organization, in a professional capacity
in a religious vocation or occupation; or
(III) before October 1, 1994, to work for the organization
or for an organization affiliated with the religious denomina-
tion and exempt from taxation as an organization described
by section 501(c)(3) of the Internal Revenue Code of 1986
(26 U.S.C. 501(c)(3)), at the request of the organization, in
a religious vocation or occupation; and
(iii) has served as a minister or performed the work described
by subclause (ii) of this clause continuously for at least the 2-year
period described by subclause (i) of this clause; and
(B) the immigrant’s spouse and children if accompanying or follow-
ing to join the immigrant.
(4)(A) an immigrant who is an employee or an honorably retired
former employee of the United States Government outside the United
States who has performed faithful service for at least 15 years, if the
principal officer of a Foreign Service establishment of the United
States recommends that the immigrant be granted special immigrant
status because of exceptional circumstances and the Secretary of State
approves the recommendation after finding that it is in the interest of
the United States to grant the status; and
(B) the immigrant’s spouse and children if accompanying the immi-
grant.
(5)(A) an immigrant who—
(i) resided in the Panama Canal Zone on April 1, 1979;
(ii) was an employee of the Panama Canal Company or the
Canal Zone Government before October 1, 1979; and
(iii) performed faithful service as such an employee for at least
one year; and
(B) the immigrant’s spouse and children if accompanying the immi-
grant.
(6)(A) an immigrant who—
(i) is a national of Panama;
(ii) performed faithful service as an employee of the United
States Government in the Panama Canal Zone for at least 15
years before October 1, 1979; and
(iii) honorably retired from that employment at any time; and
(B) the immigrant’s spouse and children if accompanying the immi-
grant.
(7)(A) an immigrant—
(i) who was an employee of the Panama Canal Company or the
Canal Zone Government on April 1, 1979;
(ii) who performed faithful service as such an employee for at
least 5 years; and
(iii) whose personal safety, or whose spouse’s or child’s personal
safety, is placed in reasonable danger directly because of the Pan-
ama Canal Treaty of 1977 and the special nature of the immi-
grant’s employment; and
(B) the immigrant’s spouse and children if accompanying the immi-
grant.
(8)(A) an immigrant who—
(i) has graduated from a medical school or has qualified to
practice medicine in a foreign country;
(ii) was completely and permanently licensed to practice medi-
cine in a State on January 9, 1978, and was practicing medicine
in a State on that date;
(iii) entered the United States as a nonimmigrant under any of
sections 2312–2316 or 2325 of this title before January 10, 1978;
and
(iv) has been continuously present in the United States in the
practice or study of medicine since the date of entry; and
(B) the immigrant’s spouse and children if accompanying the immi-
grant.
(9) an immigrant who—
(A) is the unmarried son or daughter of a present or former of-
ficer or employee of an international organization;
(B) while classified as a nonimmigrant under section 2302(5)
or 2324 of this title, has resided and been physically present in
the United States for—
(i) periods totaling at least half of the 7 years before the
date of application for a visa or for a change of status to spe-
cial immigrant status under this clause (9); and
(ii) periods totaling at least 7 years between the ages of 5
and 21; and
(C) applies for a visa or change of status to special immigrant
status under this clause (9) not later than the immigrant’s 25th
birthday or April 24, 1989, whichever is later.
(10) an immigrant who—
(A) is the surviving spouse of a deceased officer or employee of
an international organization;
(B) while classified as a nonimmigrant under section 2302(5)
or 2324 of this title, has resided and been physically present in
the United States for—
(i) periods totaling at least half of the 7 years before the
date of application for a visa or for a change of status to spe-
cial immigrant status under this clause (10); and
(ii) periods totaling at least 15 years before the date of
death of the officer or employee; and
(C) files a petition for special immigrant status under this
clause (10) not later than 6 months after the date of death of the
officer or employee or April 24, 1989, whichever is later.
(11)(A) an immigrant who—
(i) is a retired officer or employee of an international organiza-
tion;
(ii) while classified as a nonimmigrant under section 2302(5) of
this title, has resided and been physically present in the United
States for periods totaling at least half of the 7 years before the
date of application for a visa or for a change of status to special
immigrant status under this clause (11), and for periods totaling
at least 15 years before the date of the officer’s or employee’s re-
tirement from the international organization; and
(iii) files a petition for special immigrant status under this
clause (11) not later than 6 months after the date of retirement
or April 24, 1989, whichever is later, but before January 1, 1993;
and
(B) the immigrant’s spouse if accompanying or following to join the
immigrant as a member of the immediate family.
(12) an immigrant—
(A) who has been declared a dependent of a juvenile court in
the United States and found eligible by that court for long-term
foster care; and
(B) for whom it has been decided in an administrative or judi-
cial proceeding that it would not be in the alien’s best interest to
be returned to the alien’s or alien’s parent’s previous country of
nationality or country of last habitual residence.
(13)(A) an immigrant who—
(i) after October 15, 1978, and after original lawful enlistment
outside the United States under a treaty or agreement in effect
on October 1, 1991, has served honorably on active duty in the
armed forces of the United States for—
(I) 12 years and, if separated from the service, was sepa-
rated only under honorable conditions; or
(II) 6 years if the immigrant is on active duty when seek-
ing special immigrant status under this clause (13) and has
reenlisted to incur a total active duty obligation of at least
12 years; and
(ii) is recommended by the head of the executive department
under which the immigrant has served to receive special immigrant
status under this clause (13); and
(B) the immigrant’s spouse and children if accompanying or follow-
ing to join the immigrant.
(b) TEMPORARY ABSENCES UNDER SUBSECTION (a) (9)–(11).—An alien
who is a present or former officer or employee of an international organiza-
tion, or is the surviving spouse, unmarried son, or unmarried daughter of
a present or former officer or employee, is deemed under subsection (a) (9)–
(11) of this section to be residing and physically present in the United
States during a period in which the alien is residing in, but absent from,
the United States if—
(1) the alien is absent because of the officer’s or employee’s need to
conduct official business for the organization or because of customary
leave; and
(2) during the absence—
(A) the officer or employee continues to have a duty station in
the United States; and
(B) with respect to an unmarried son or daughter, the son or
daughter is not enrolled in a school outside the United States.
(c) RIGHTS, PRIVILEGES, OR STATUS NOT ACQUIRED BY PARENTS OF
CERTAIN SPECIAL IMMIGRANTS.—A natural parent or prior adoptive parent
of a special immigrant as defined by subsection (a)(12) of this section may
not be given a right, privilege, or status under this title (except subchapter
I of chapter 5, subchapters III and IV of chapter 131, and chapters 133–
137) because of the relationship.
§ 138. Special inquiry officer
In this title, ‘‘special inquiry officer’’ means an immigration officer des-
ignated by the Attorney General, individually or by regulation, to carry out
the duties and powers of a special inquiry officer.
§ 139. Spouse, wife, and husband
In this title, ‘‘spouse’’, ‘‘wife’’, and ‘‘husband’’ include a spouse, wife, and
husband by a marriage ceremony during which both parties were not phys-
ically present only if the parties consummated the marriage.
§ 140. State
In this title (except subchapter I of chapter 5, subchapters I, III, and
IV of chapter 131, chapters 133–137, and section 13902), ‘‘State’’ means
a State of the United States, the District of Columbia, Puerto Rico, Guam,
and the Virgin Islands.
§ 141. Totalitarian dictatorship
In this title, ‘‘totalitarian dictatorship’’ means a system of government
that is not representative and is characterized by—
(1) the existence of a single political party, organized on a dictatorial
basis, whose policies are so closely identified with the governmental
policies that the party and the government are indistinguishable; and
(2) the forcible suppression of opposition to the party.
§ 142. Totalitarian party
In this title, ‘‘totalitarian party’’ means an organization advocating the
establishment of a totalitarian dictatorship in the United States.
§ 143. United States
In this title (except subchapter I of chapter 5, subchapters I, III, and
IV of chapter 131, chapters 133–137, and section 13902), ‘‘United States’’
means the States of the United States, the District of Columbia, Puerto
Rico, Guam, and the Virgin Islands.
§ 144. Unmarried
In this title, ‘‘unmarried’’, when used in reference to an individual as of
a particular time, means an individual who was not married at that time,
even if previously married.
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.
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.
SUBCHAPTER I—DEPARTMENT OF JUSTICE
§ 301. General authority of the Attorney General
(a) GENERAL AUTHORITY.—(1) Except as otherwise provided by law, the
Attorney General shall carry out this title and other laws related to the im-
migration and naturalization of aliens.
(2) The Attorney General may prescribe regulations and forms of bonds
to carry out the duties and powers of the Attorney General under this title.
(b) CONTROL OF BORDERS.—The Attorney General shall control the bor-
ders of the United States against the unlawful entry of aliens.
(c) DELEGATION TO OTHER AGENCIES.—In carrying out this title, the
Attorney General, with the consent of the head of an agency, may require
or authorize an officer or employee of the agency to carry out a duty or
power of an officer or employee of the Immigration and Naturalization Serv-
ice.
(d) ESTABLISHMENT OF OFFICES IN FOREIGN COUNTRIES.—The Attor-
ney General—
(1) with the concurrence of the Secretary of State, may establish an
office of the Service in a foreign country; and
(2) after consulting with the Secretary, may detail an officer or em-
ployee of the Service for duty in a foreign country when the Attorney
General considers the detail necessary to carry out this title.
(e) PLACES OF DETENTION.—The Attorney General shall arrange for ap-
propriate places of detention for aliens detained pending deportation or a
decision on deportation. When United States Government facilities are un-
available or facilities adapted or suitably located for detention are unavail-
able for rental, the Attorney General may expend from the appropriation
‘‘Immigration and Naturalization Service—Salaries and Expenses’’, without
regard to section 3709 of the Revised Statutes (41 U.S.C. 5) or section 322
of the Act of June 30, 1932 (40 U.S.C. 278a), amounts necessary to ac-
quire land and to acquire, build, remodel, repair, and operate facilities (in-
cluding living quarters for immigration officers if not otherwise available)
necessary for detention.
§ 302. Immigration and Naturalization Service
(a) ORGANIZATION.—The Immigration and Naturalization Service is a
service in the Department of Justice.
(b) COMMISSIONER OF IMMIGRATION AND NATURALIZATION.—The head
of the Service is the Commissioner of Immigration and Naturalization. The
Commissioner is appointed by the President, by and with the advice and
consent of the Senate. The Commissioner must be a citizen of the United
States.
(c) GENERAL AUTHORITY OF THE COMMISSIONER.—The Commissioner
shall—
(1) carry out duties and powers prescribed by the Attorney General;
and
(2) maintain direct and continuous liaison with the Assistant Sec-
retary of State for Consular Affairs to carry out the immigration and
nationality laws in a coordinated, uniform, and efficient way.
(d) OFFICE, RECORDS, AND FACILITIES.—The Attorney General shall
provide the Commissioner with a suitable office in the District of Columbia
and records and facilities necessary to carry out the Commissioner’s duties
and powers.
(e) AVAILABILITY OF APPROPRIATION.—The appropriation ‘‘Immigration
and Naturalization Service—Salaries and Expenses’’ is available to pay for
the following:
(1) the costs of hiring privately owned horses for use on official busi-
ness, under contract with officers or employees of the Service.
(2) the pay of interpreters and translators who are not citizens of
the United States.
(3) the costs of distributing citizenship textbooks to aliens without
charge to the aliens.
(4) at a rate specified by the applicable appropriation law, allowances
to aliens for work performed when held in custody under the immigra-
tion laws.
(5) if authorized by an appropriation law, spending by the Attorney
General for unforeseen emergencies of a confidential character.
(f) CERTIFICATE
FOR CONFIDENTIAL EXPENDITURES.—The Attorney
General shall make a certificate for any amount of expenditures under sub-
section (e)(5) of this section that the Attorney General considers advisable
not to specify. The certificate is a sufficient voucher that the amount stated
was expended.
§ 303. Oaths and testimony
(a) GENERAL.—In carrying out this title, the Attorney General, immigra-
tion officers, and other officers and employees of the Immigration and Nat-
uralization Service designated by the Attorney General, may—
(1) administer oaths;
(2) take evidence; and
(3) subpena witnesses to testify and produce records.
(b) ENFORCEMENT OF SUBPENAS.—If a witness disobeys a subpena is-
sued under subsection (a) of this section, the Attorney General, immigration
officer, or designated officer or employee of the Service may bring a civil
action to enforce the subpena in the district court of the United States for
the judicial district in which the proceeding is being conducted, or, if the
subpena is related to an application for naturalization, in any district court
of the United States. The court may issue an order to obey the subpena
and punish a refusal to obey as a contempt of court.
(c) DEPOSITIONS.—An officer or employee of the Service designated by
the Attorney General may take a deposition without charge on a matter re-
lated to carrying out a naturalization or citizenship law. In a case involving
a likelihood of hardship or unusual delay, the Attorney General may author-
ize the deposition to be taken before a postmaster without charge or before
an individual authorized to administer oaths for general purposes.
§ 304. Enforcement authority
(a) CARRYING FIREARMS AND SERVING AND EXECUTING PROCESS.—
Under regulations prescribed by the Attorney General, an officer or em-
ployee of the Immigration and Naturalization Service may—
(1) carry a firearm; and
(2) serve and execute an order, warrant, subpena, summons, or other
process issued under the authority of the United States Government.
(b) AUTHORITY WITHOUT WARRANT.—An officer or employee of the
Service authorized by regulations prescribed by the Attorney General may,
without a warrant—
(1) interrogate an individual believed to be an alien about the indi-
vidual’s right to be or remain in the United States;
(2) search an individual seeking admission to the United States and
the personal effects in the possession of the individual if the officer or
employee has reason to suspect that the search will disclose grounds
for excluding the individual from the United States;
(3) board a vehicle, aircraft, or other conveyance within a reasonable
distance from a United States border, or board a vessel within the ter-
ritorial waters of the United States, to search for aliens;
(4) within 25 miles from a United States border, have access to pri-
vate land (but not a dwelling) to patrol the border to prevent the un-
lawful entry of aliens;
(5) arrest an alien who, in the presence or view of the officer or em-
ployee, is trying to enter the United States unlawfully, or arrest an
alien in the United States who the officer or employee has reason to
believe is in the United States unlawfully and is likely to escape before
a warrant for the alien’s arrest can be obtained, but the alien arrested
shall be taken without unnecessary delay before an immigration officer
for inspection about the alien’s right to enter or remain in the United
States;
(6) arrest a person for an offense against the United States if—
(A) the officer or employee is performing duties related to en-
forcement of the immigration laws at the time of the arrest;
(B) the offense is committed in the presence of the officer or
employee; and
(C) the person is likely to escape before a warrant for the per-
son’s arrest can be obtained;
(7) arrest a person for a felony against the United States under a
law of the United States regulating the admission, exclusion, or depor-
tation of aliens if—
(A) the officer or employee has reason to believe the person has
committed the felony; and
(B) the person is likely to escape before a warrant for the per-
son’s arrest can be obtained; and
(8) arrest a person for any other felony against the United States
if—
(A) the officer or employee is performing duties related to en-
forcement of the immigration laws at the time of the arrest;
(B) the officer or employee has reason to believe the person is
committing or has committed the felony;
(C) the person is likely to escape before a warrant for the per-
son’s arrest can be obtained; and
(D) the officer or employee has received certification of comple-
tion of a training program as required under subsection (d) of this
section.
(c) RESTRICTION
ON WARRANTLESS ENTRY
OF OUTDOOR AGRICUL-
TURAL OPERATIONS.—Except as provided by subsection (b)(4) of this sec-
tion, an officer or employee of the Service may not enter the premises of
a farm or other outdoor agricultural operation, without a warrant or the
consent of the owner or owner’s agent, to interrogate an individual believed
to be an alien about the individual’s right to be or remain in the United
States.
(d) REGULATIONS ON ENFORCEMENT ACTIVITIES.—An arrest may be
made under subsection (b)(8) of this section only on and after the date the
Attorney General prescribes final regulations that specify—
(1) the categories of officers and employees of the Service who may
use force (including deadly force) and the circumstances under which
the force may be used;
(2) standards for enforcement activities of the Service;
(3) a requirement that, before an officer or employee may make an
arrest under subsection (b)(8) of this section, the officer or employee
has received certification of completion of a training program covering
the arrests and the standards described by clause (2) of this sub-
section; and
(4) an expedited, internal review process for violations of the stand-
ards, consistent with standard agency procedure regarding confidential-
ity of matters related to internal investigations.
(e) DETAINING ALIENS FOR CONTROLLED SUBSTANCES VIOLATIONS.—
(1) The Attorney General shall decide promptly whether to issue a detainer
to detain an alien if any United States, State, or local law enforcement offi-
cial—
(A) arrests an alien for violating a law related to controlled sub-
stances;
(B) has reason to believe that the alien is in the United States un-
lawfully;
(C) expeditiously informs the Attorney General of the arrest and of
facts about the alien’s status; and
(D) requests the Attorney General to issue the detainer.
(2) If the detainer is issued and the alien is not otherwise detained by
a United States, State, or local law enforcement official, the Attorney Gen-
eral shall take custody of the alien expeditiously.
§ 305. Local jurisdiction over immigrant stations
A law enforcement official responsible for enforcing the law of a State,
territory, or possession of the United States in which an immigrant station
is located has jurisdiction over the station and may enter the station to pre-
serve the peace and make arrests for offenses under the laws of the State,
territory, or possession. A court of the State, territory, or possession has
jurisdiction over the immigrant station on a matter related to the enforce-
ment of the law of the State, territory, or possession.
§ 306. Records on aliens
(a) CENTRAL FILE ON ALIENS.—For the use of security and enforcement
agencies of the United States Government, the Attorney General shall main-
tain in the Immigration and Naturalization Service a central file on aliens
that is based on the records of the Service. The file shall contain—
(1) the name of each alien admitted to or excluded from the United
States;
(2) the name of the alien’s sponsor of record; and
(3) other information relevant to the enforcement of this title that
the Attorney General may require.
(b) PROVIDING INFORMATION TO THE ATTORNEY GENERAL.—On request
of the Attorney General—
(1) the head of an agency shall provide the Attorney General with
information in the records of the agency about the identity and location
of an alien in the United States; and
(2) the Secretary of Health and Human Services shall notify the At-
torney General when an alien is issued a social security account num-
ber.
§ 307. Information about transporting alien females for
prostitution and debauchery
To prevent the transportation in foreign commerce of alien females for
prostitution and debauchery, and to carry out the arrangement adopted July
25, 1902, for the suppression of white-slave traffic, the Attorney General
shall—
(1) maintain a central file of information about the procurement of
alien females for prostitution and debauchery;
(2) establish the identity of the alien females, take statements they
may make, ascertain who induced them to leave their native countries,
and supervise the females; and
(3) receive statements filed under this section and section 2424 of
title 18, and provide receipts to individuals filing the statements.
§ 308. Working hours and premium pay for officers and em-
ployees of the Immigration and Naturalization
Service
(a) REGULATING WORKING HOURS.—The Attorney General may regulate
the working hours of officers and employees of the Immigration and Natu-
ralization Service performing work at a port to coincide with the customary
working hours at that port. This subsection does not change the length of
a working day or the rate provided by subsection (b) of this section.
(b) PREMIUM PAY RATES.—An officer or employee of the Service per-
forming work related to the inspection and landing of passengers and crew
of a vessel, aircraft, or vehicle arriving in the United States from a foreign
port is entitled to premium pay at the following rates:
(1) For overtime work, the rate is one-half day’s pay for each 2
hours (or part of a 2-hour period of at least one hour), but the total
pay for the period between the end of the individual’s regular shift and
the beginning of the individual’s next regular shift may not be more
than 2.5 days’ pay.
(2) For work on a Sunday or holiday, the rate is 2 days’ pay.
(c) METHOD OF PAYMENT.—(1) Except as provided by section 53 of the
Airport and Airway Development Act of 1970 (49 App. U.S.C. 1741), when
an officer or employee of the Service performs work referred to in sub-
section (b) of this section, the master, owner, agent, or consignee of the ves-
sel, aircraft, or vehicle shall pay to the Attorney General an amount equal
to the pay to which the officer or employee is entitled under subsection (b).
The amount shall be paid if the officer or employee was ordered to report
for work and did report, even if an inspection did not take place. However,
this paragraph does not apply to an inspection, at a designated port of
entry, of passengers arriving by an international ferry, bridge, or tunnel, or
by a vessel on the Great Lakes and connecting waterways, an aircraft, or
a vehicle, when the vessel, aircraft, or vehicle is operating on a regular
schedule.
(2) The Attorney General shall deposit in the Treasury an amount paid
under this subsection. The amount shall be credited to the appropriation
‘‘Immigration and Naturalization Service—Salaries and Expenses’’. The
amount credited to the appropriation is available for payment of the over-
time, Sunday, and holiday pay.
§ 309. Providing immigration services for scheduled flights
Notwithstanding section 308(c)(1) of this title or another law, the immi-
gration services required to be provided to passengers on arrival in the Unit-
ed States on a scheduled flight shall be provided adequately, not later than
45 minutes after their presentation for inspection, when needed and at no
cost to the air carrier or passengers, except for the fee specified in section
6909(a) of this title, at—
(1) airports at which immigration services are provided; and
(2) places outside the United States at which an immigration officer
is stationed to provide immigration services.
§ 310. Reimbursement for immigration inspection services
(a) INSPECTIONS IN FOREIGN CONTIGUOUS TERRITORIES.—Section 209
of title 18 does not prohibit reimbursement for the services of an immigra-
tion officer related to inspecting aliens in a foreign contiguous territory. The
reimbursement shall be credited to the appropriation ‘‘Immigration and
Naturalization Service—Salaries and Expenses’’.
(b) REQUESTED INSPECTION SERVICES.—The Attorney General may re-
ceive reimbursement from the owner, operator, or agent of a private or com-
mercial vessel or aircraft, or from a seaport or airport authority, for ex-
penses incurred by the Attorney General in providing immigration inspec-
tion services requested by the owner, operator, agent, or authority, including
the pay and expenses of individuals employed by the Attorney General to
provide the services. The Attorney General’s authority to receive reimburse-
ment under this section ends as soon as an amount is appropriated to pro-
vide the services.
§ 311. Travel expenses and expenses of interment
(a) TRAVEL EXPENSES.—Under regulations prescribed by the Attorney
General, an officer or employee of the Immigration and Naturalization Serv-
ice is entitled to travel expenses when the officer or employee—
(1) is ordered to carry out duties and powers in a foreign country;
(2) is transferred from one station to another in the United States
or in a foreign country; or
(3) in carrying out duties and powers in a foreign country, becomes
eligible for voluntary retirement and returns to the United States.
(b) EXPENSES
OF TRANSPORTING SPOUSE, CHILDREN, AND PROP-
ERTY.—The Attorney General may reimburse an officer or employee de-
scribed by subsection (a) of this section for expenses incurred in transport-
ing the officer’s or employee’s spouse, dependent children, and personal
property, including (as provided under subchapter II of chapter 57 of title
5) the expenses for packing, crating, freight, unpacking, temporary storage,
and drayage.
(c) EXPENSES OF INTERMENT.—When an officer or employee of the
Service dies when in, or in transit to, a foreign country on official business,
the Attorney General may pay the ordinary and necessary expenses of inter-
ment.
§ 312. Providing services and articles at immigrant stations
(a) AWARDING CONTRACTS.—Subject to section 3709 of the Revised
Statutes (41 U.S.C. 5), the Attorney General may award an exclusive con-
tract to provide money exchange services, to transport passengers or bag-
gage, to provide food and eating facilities, or to provide similar services at
an immigrant station only to the lowest responsible and capable bidder (ex-
cept an alien). The Attorney General may charge a reasonable rental for
the use of United States Government property in providing the services.
However, the Attorney General may provide a necessary service at an immi-
grant station if the Attorney General finds that it would be more economical
and efficient.
(b) SALE OF NECESSARY ARTICLES BY THE ATTORNEY GENERAL.—If
aliens detained at an immigrant station cannot readily obtain articles that
the Attorney General decides are necessary to their health and welfare, the
Attorney General may sell the articles to the aliens at reasonable prices
through canteens operated by the Attorney General.
(c) INTOXICATING LIQUORS.—Intoxicating liquors may not be sold at an
immigrant station.
(d) DEPOSIT OF AMOUNTS RECEIVED.—The Attorney General shall de-
posit amounts received under this section in the Treasury to the credit of
the appropriation ‘‘Immigration and Naturalization Service—Salaries and
Expenses’’.
§ 313. Operation of photographic studios by welfare organi-
zations
On recommendation of the Attorney General, an officer or employee in
charge of property owned or leased by the United States Government may
provide space, without payment of rent, in a building occupied by the Immi-
gration and Naturalization Service, for a photographic studio operated by
a welfare organization without profit and only for the benefit of individuals
seeking to comply with the immigration and nationality laws. The Attorney
General shall supervise a studio operated under this section.
§ 314. Crediting appropriations
(a) LANDING STATIONS.—Amounts deposited in the Treasury to reim-
burse the Immigration and Naturalization Service for expenses paid by the
Service from the appropriation ‘‘Immigration and Naturalization Service—
Salaries and Expenses’’ for a landing station referred to in section 6905(c)
of this title and for detained aliens shall be credited to that appropriation
for the fiscal year in which the expenses were incurred.
(b) AMOUNTS RECOVERED AFTER BUYING EVIDENCE.—Amounts ex-
pended from the appropriation ‘‘Immigration and Naturalization Service—
Salaries and Expenses’’ to buy evidence and later recovered shall be credited
to that appropriation for the fiscal year in which the recovery is made.
(c) INCREASED PENALTIES RESULTING FROM CERTAIN AMENDMENTS.—
Notwithstanding section 3302 of title 31, the amounts collected from the
increase in penalties resulting from the amendments made by sections
203(b), 543(a), and 544 of the Immigration Act of 1990 (Public Law 101–
649, 104 Stat. 5018, 5057, 5059) shall be credited to the appropriation—
(1) ‘‘Immigration and Naturalization Service—Salaries and Ex-
penses’’ for activities that enhance enforcement of subtitles I–III of
this title (except subchapter I of chapter 5), including—
(A) identifying, investigating, and apprehending criminal aliens;
(B) implementing the system described by section 6531(c)(4) of
this title; and
(C) repairing, maintaining, or constructing, on the United
States border in areas experiencing high levels of apprehensions of
illegal aliens, structures to deter illegal entry into the United
States; and
(2) for the Executive Office for Immigration Review in the Depart-
ment of Justice to remove the backlogs in preparing transcripts of de-
portation proceedings conducted under section 6532 of this title.
§ 315. Interest on immigration bonds
(a) EARNING OF INTEREST.—The Attorney General shall deposit in the
Treasury cash received as security on an immigration bond, with the cash
to be held in trust for the obligor on the bond. The cash shall earn interest
at a rate the Secretary of the Treasury prescribes, but the rate may not
be more than 3 percent a year. Interest shall accrue from the date of de-
posit through the date of withdrawal or the date of breach of the bond,
whichever is earlier. However, cash received as security on an immigration
bond and deposited by the Attorney General in the postal savings system
discontinued on April 27, 1966, shall earn interest under this subsection
from the date the cash stopped earning interest under the system. Appro-
priations to the Department of the Treasury for interest on uninvested
amounts are available for payment of the interest.
(b) DISPOSITION OF INTEREST.—Interest earned under this section shall
be disposed of in the same way as the principal, except that interest earned
before the date of a breach shall be paid to the obligor on the bond.
§ 316. Breached Bond/Detention Fund
(a) ESTABLISHMENT.—There is a separate account in the Treasury
known as the ‘‘Breached Bond/Detention Fund’’.
(b) REFUNDS.—(1) At least quarterly, the Secretary of the Treasury
shall refund amounts from the Fund to the Immigration and Naturalization
Service for—
(A) expenses incurred in collecting breached bonds; and
(B) expenses associated with the detention of illegal aliens.
(2) The amount required to be refunded for the fiscal year ending Sep-
tember 30, 1994, and each subsequent fiscal year, shall be refunded in ac-
cordance with estimates made in the budget request of the Attorney General
for that fiscal year. However, any proposed change in the amount des-
ignated in the budget request may be made only after notification to the
Committees on Appropriations of the House of Representatives and the Sen-
ate under section 606 of the Departments of Commerce, Justice, and State,
the Judiciary, and Related Agencies Appropriations Act, 1993 (Public Law
102–395, 106 Stat. 1873).
(c) DEPOSITS.—All breached cash and surety bonds, more than
$8,000,000, posted under this title and recovered by the Attorney General
shall be deposited in the Fund.
(d) AVAILABILITY OF AMOUNTS.—Amounts deposited in the Fund remain
available until expended.
(e) REPORTS.—The Attorney General shall submit annually to Congress
a statement on the financial condition of the Fund, including the beginning
balance, receipts, refunds to appropriations, transfers to the general fund,
and the ending balance.
§ 317. Immigration User Fee Account
(a) ESTABLISHMENT.—There is a separate account in the Treasury
known as the ‘‘Immigration User Fee Account’’.
(b) REFUNDS.—(1) The Secretary of the Treasury shall refund out of the
Account to any appropriation the amount paid out of that appropriation for
expenses incurred by the Attorney General in—
(A) providing immigration inspection and preinspection services for
a commercial vessel or aircraft;
(B) providing overtime, Sunday, or holiday immigration inspection
services for a commercial vessel or aircraft;
(C) administering debt recovery, including establishing and operating
a national collections office;
(D) expanding, operating, and maintaining information systems for
nonimmigrant control and debt collection;
(E) detecting fraudulent documents used by passengers traveling to
the United States;
(F) providing detention and deportation services for an excludable
alien—
(i) arriving on a commercial vessel or aircraft; or
(ii) attempting to enter illegally by avoiding immigration inspec-
tion at an air or sea port of entry; and
(G) providing exclusion and asylum proceedings at an air or sea port
of entry for an excludable alien—
(i) arriving on a commercial vessel or aircraft, including provid-
ing exclusion proceedings resulting from presentation of fraudulent
documentation or failure to present documentation; or
(ii) attempting to enter illegally by avoiding immigration inspec-
tion at an air or sea port of entry.
(2) Amounts required to be refunded under paragraph (1) of this sub-
section shall be refunded at least quarterly on the basis of estimates, made
by the Attorney General, of the expenses referred to in paragraph (1). Prop-
er adjustments shall be made in the amounts subsequently refunded under
paragraph (1) to the extent prior estimates were more or less than the
amount required to be refunded.
(c) DEPOSITS.—The following shall be deposited in the Account:
(1) fees collected under section 6909 of this title.
(2) civil penalties collected under sections 10120, 10122, and 10123
of this title.
(3) liquidated damages and expenses collected under this title.
(d) AVAILABILITY
OF AMOUNTS.—Amounts deposited in the Account
under subsection (c)(1) of this section remain available until expended.
(e) REPORTS.—(1) At the end of each 2-year period beginning with the
establishment of the Account, the Attorney General, following a public regu-
latory proceeding with notice and an opportunity for comment, shall submit
a report to Congress—
(A) describing the status of the Account, including the balance; and
(B) recommending any change in the fee specified in section 6909(a)
of this title to ensure that amounts collected from the fee for the suc-
ceeding 2 years equal, as closely as possible, the cost of providing the
services for which the fee is charged.
(2) In addition to the reporting requirement under paragraph (1) of this
subsection, the Attorney General shall submit to Congress not later than
March 31 of each year a statement showing—
(A) the financial condition of the Account, including the beginning
balance, revenues, withdrawals and their purpose, the ending balance,
projections for the next fiscal year, and a complete workload analysis
showing on a port-by-port basis the current and projected need for in-
spectors; and
(B) the success rate of the Immigration and Naturalization Service
in meeting the 45-minute inspection standard imposed by section 309
of this title, detailed statistics on the number of passengers inspected
within the standard, progress being made to expand the use of United
States citizen by-pass, the number of passengers for whom the stand-
ard is not met and the length of their delay, locational breakdown of
these statistics, and the steps being taken to correct any nonconform-
ity.
§ 318. Immigration Examinations Fee Account
(a) ESTABLISHMENT.—There is a separate account in the Treasury
known as the ‘‘Immigration Examinations Fee Account’’.
(b) USE OF AMOUNTS.—Amounts in the Account are available to the At-
torney General to reimburse any appropriation by the amount paid from
that appropriation for expenses in—
(1) providing immigration adjudication and naturalization services;
and
(2) collecting, safeguarding, and accounting for fees deposited in,
and amounts reimbursed from, the Account.
(c) DEPOSITS.—Immigration adjudication fees designated by the Attorney
General by regulation shall be deposited in the Account, whether collected
directly by the Attorney General or through clerks of courts. However, fees
the Attorney General receives from applicants residing in the Virgin Islands
or Guam shall be paid to the treasury of the Virgin Islands or the treasury
of Guam, respectively.
(d) AVAILABILITY OF AMOUNTS.—Amounts deposited in the Account re-
main available to the Attorney General until expended.
(e) REPORTS.—The Attorney General shall submit annually to Congress
a statement on the financial condition of the Account, including the begin-
ning balance, revenues, withdrawals, the ending balance, and projections for
the next fiscal year.
§ 319. Land border inspection fees
(a) FEE AUTHORITY.—The Attorney General may continue, only on the
northern border of the United States, the land border inspection fee pilot
project authorized under section 286(q) of the Immigration and Nationality
Act. The project may include commuter lanes to be made available to quali-
fied citizens of the United States and aliens, as the Attorney General de-
cides. Fees collected under this subsection shall be deposited in the Account
established under subsection (b)(1) of this section.
(b) LAND BORDER INSPECTION FEE ACCOUNT.—(1) There is a separate
account in the Treasury known as the ‘‘Land Border Inspection Fee Ac-
count’’.
(2) At least quarterly, the Secretary of the Treasury shall refund out of
the Account to any appropriation amounts for expenses incurred in provid-
ing inspection services at land border places of entry on the northern border
of the United States, including expenses of—
(A) providing overtime inspection services;
(B) expanding, operating, and maintaining information systems for
nonimmigrant control;
(C) employing additional permanent and temporary inspectors;
(D) minor construction costs associated with the addition of new
traffic lanes (with the concurrence of the Administrator of General
Services);
(E) detecting fraudulent documents used by passengers traveling to
the United States; and
(F) administering the Account.
(3) Amounts required to be refunded from the Account for each fiscal
year shall be refunded in accordance with estimates made in the budget re-
quest of the Attorney General for that fiscal year. However, any proposed
change in the amount designated in the budget request may be made only
after notification to the Committees on Appropriations of the House of Rep-
resentatives and the Senate under section 606 of the Departments of Com-
merce, Justice, and State, the Judiciary, and Related Agencies Appropria-
tions Act, 1990 (Public Law 101–162, 103 Stat. 1031).
(c) AVAILABILITY OF AMOUNTS.—Amounts deposited in the Account re-
main available until expended.
(d) REPORTS.—(1) The Attorney General shall submit annually to Con-
gress a statement on the financial condition of the Account, including the
beginning balance, revenues, withdrawals, the ending balance, and projec-
tions for the next fiscal year.
(2) The Attorney General shall submit quarterly to Congress a status re-
port on the project.
(e) EXPIRATION.—This section expires on September 30, 1996.
§ 320. Advisory committee on inspection services
(a) ESTABLISHMENT.—The Attorney General shall establish an advisory
committee consisting of representatives from air carriers and other modes
of transportation that may be subject to a fee authorized by law or proposed
by the Immigration and Naturalization Service to cover expenses incurred
by the Service.
(b) MEETINGS AND ADVICE.—The advisory committee shall meet on a
periodic basis and advise the Attorney General on issues related to the per-
formance of the inspection services of the Immigration and Naturalization
Service. This advice shall include such issues as the time periods during
which the services should be performed, the proper number and deployment
of inspection officers, the level of fees, and the appropriateness of any pro-
posed fee. The Attorney General shall give substantial consideration to the
views of the committee.
§ 321. Immigration emergency fund
(a) ESTABLISHMENT.—There is an immigration emergency fund in the
Treasury.
(b) USES.—(1) Amounts in the fund may be used—
(A) to provide for an increase in border patrol or other enforcement
activities of the Immigration and Naturalization Service;
(B) to reimburse State and local governments for providing assist-
ance requested by the Attorney General in meeting an immigration
emergency, but only if the President has decided that an emergency ex-
ists and has certified the existence of the emergency to the Committees
on the Judiciary of the House of Representatives and the Senate; and
(C) subject to paragraphs (2)–(4) of this subsection, to reimburse
State and local governments for providing assistance required by the
Attorney General, without the need for a decision by the President that
an emergency exists—
(i) when a district director of the Service certifies to the Com-
missioner of Immigration and Naturalization that the number of
asylum applications filed in the director’s district during a cal-
endar quarter is at least 1,000 more than the number of asylum
applications filed in that district during the prior calendar quarter;
(ii) when the lives, property, safety, or welfare of the residents
of a State or locality are endangered; or
(iii) in other circumstances that the Attorney General decides.
(2) Providing parole at a place of entry in a district shall be counted,
under paragraph (1)(C)(i) of this subsection, as filing an application for
asylum in that district.
(3) Not more than $20,000,000 may be made available for all State and
local governments under paragraph (1)(C) of this subsection.
(4) A State or local government seeking reimbursement under paragraph
(1)(C) of this subsection must file an application with the Attorney General.
The Attorney General shall make a decision on the application not later
than 15 days after receiving the application.
(c) AUTHORIZATION OF APPROPRIATIONS.—An amount may be appro-
priated to the fund each fiscal year so that the balance in the fund is
$35,000,000.
§ 322. Reports
(a) REPORTS ON CERTAIN NONIMMIGRANTS.—Not later than April 1 of
each year, the Attorney General shall submit to the Committees on the Ju-
diciary of the House of Representatives and the Senate a report describing
for each class under sections 2313–2316, 2318–2320, and 2325 of this title
the following:
(1) the number of petitions filed.
(2) the number of petitions approved and the number of workers (by
occupation) included in the approved petitions.
(3) the number of petitions denied and the number of workers (by
occupation) requested in the denied petitions.
(4) the number of petitions withdrawn.
(5) the number of petitions pending final action.
(b) REPORTS ON NATURALIZATION STATISTICS.—(1) The Attorney Gen-
eral shall prepare annually, from the records of the Immigration and Natu-
ralization Service, a report in statistical form with analytical comment. The
report shall show by nationality—
(A) the relation between the number of aliens seeking citizenship of
the United States and the number of aliens arriving each year;
(B) the relation between the number of aliens seeking citizenship of
the United States and the prevailing census populations of the foreign
born; and
(C) the economic, vocational, and other classifications of aliens seek-
ing citizenship of the United States.
(2) Payment for the equipment used in preparing the report under this
subsection shall be made from the appropriation ‘‘Immigration and Natu-
ralization Service—Salaries and Expenses’’.
§ 323. Information system on impact of immigration laws
(a) ESTABLISHMENT.—In consultation with interested academicians, gov-
ernmental authorities, and other parties, the Attorney General shall provide
for a system to collect and disseminate information not in individually iden-
tifiable form that is useful in evaluating the social, economic, environmental,
and demographic impact of the immigration laws.
(b) TYPE OF INFORMATION TO BE COLLECTED AND DISSEMINATED.—
Information collected under subsection (a) of this section shall include infor-
mation on—
(1) the alien population in the United States;
(2) the rates of naturalization and emigration of resident aliens;
(3) aliens who have been admitted, paroled, or granted asylum;
(4) nonimmigrants in the United States (by occupation, basis for ad-
mission, and length of stay);
(5) aliens who have been excluded or deported from the United
States;
(6) the number of applications filed and granted for suspension of
deportation; and
(7) the number of aliens estimated to be present unlawfully in the
United States in each fiscal year.
(c) FREQUENCY OF COLLECTION AND DISSEMINATION AND RECIPIENTS
OF INFORMATION.—The system shall provide that information be collected
and disseminated at least annually to Congress and the public.
(d) REPORT.—The Attorney General shall submit annually to Congress
a report containing—
(1) a summary of information collected under subsection (a) of this
section;
(2) an analysis of trends in immigration and naturalization; and
(3) information on the number, and rate of denial administratively,
of applications for naturalization, for each district office of the Immi-
gration and Naturalization Service and by national origin group.
SUBCHAPTER II—DEPARTMENT OF STATE
§ 331. General authority of the Secretary of State
(a) GENERAL AUTHORITY.—The Secretary of State shall carry out the
provisions of this title, and other immigration and nationality laws, related
to—
(1) duties and powers of the Bureau of Consular Affairs;
(2) duties and powers of diplomatic and consular officers, except du-
ties and powers of consular officers related to granting and refusing
visas; and
(3) a decision about the nationality of an individual not in the Unit-
ed States.
(b) DELEGATION TO OTHER AGENCIES.—In carrying out this title, the
Secretary, with the consent of the head of an agency, may require or au-
thorize an officer or employee of the agency to carry out a duty or power
of an officer or employee of the Department of State.
§ 332. Bureau of Consular Affairs
(a) ORGANIZATION.—The Bureau of Consular Affairs is a bureau in the
Department of State.
(b) ASSISTANT SECRETARY FOR CONSULAR AFFAIRS.—The head of the
Bureau is the Assistant Secretary of State for Consular Affairs. The Assist-
ant Secretary must be a citizen of the United States and be qualified by
experience.
(c) GENERAL AUTHORITY OF THE ASSISTANT SECRETARY.—The Assist-
ant Secretary shall—
(1) carry out duties and powers prescribed by the Secretary of State;
(2) maintain close liaison with the appropriate committees of Con-
gress to advise them on the administration of this title by consular offi-
cers; and
(3) maintain direct and continuous liaison with the Commissioner of
Immigration and Naturalization to carry out the immigration and na-
tionality laws in a coordinated, uniform, and efficient way.
(d) OFFICES OF THE BUREAU.—(1) The Bureau has a Passport Office,
a Visa Office, and other offices the Secretary decides are appropriate. The
head of each office is a director. The Directors of the Passport Office and
the Visa Office must be experienced in carrying out the immigration and
nationality laws.
(2) The Passport Office carries out laws related to granting passports.
The Visa Office carries out immigration laws related to granting visas.
(3) The Visa Office has a General Counsel appointed by the Secretary.
The General Counsel serves under the general direction of the Legal Adviser
of the Department. The General Counsel may maintain liaison with the ap-
propriate officers of the Immigration and Naturalization Service to achieve
a uniform interpretation of this title.
§ 333. Sharing information about foreign traffickers in con-
trolled substances
To ensure that foreign traffickers in controlled substances are denied
visas to enter the United States (as required by section 6307(a)(3) of this
title)—
(1) the Secretary of State shall cooperate with United States law en-
forcement agencies, including the Drug Enforcement Administration
and the Customs Service, in establishing a comprehensive information
system on all drug arrests of foreign nationals in the United States so
that the information can be communicated to the appropriate United
States embassies; and
(2) the National Drug Enforcement Policy Board shall agree on uni-
form guidelines that would permit the sharing of information of foreign
traffickers in controlled substances.
SUBCHAPTER III—MISCELLANEOUS
§ 341. Liaison with internal security officers
To exchange information for use in enforcing this title in the interest of
the internal security of the United States, the Commissioner of Immigration
and Naturalization and the Assistant Secretary of State for Consular Af-
fairs may maintain direct and continuous liaison with the Directors of the
Federal Bureau of Investigation and Central Intelligence and with other in-
ternal security officers of the United States Government.
§ 342. Confidentiality of records and proof of nonexistence
(a) CONFIDENTIALITY OF VISA AND PERMIT RECORDS.—A record of the
Department of State or of a diplomatic or consular office related to grant-
ing or refusing a visa or permit to enter the United States is confidential.
The record may be used only in developing, changing, or carrying out a law
of the United States. However, the Secretary of State may provide a cer-
tified copy of the record to a court if the court certifies that it needs the
record in the interest of justice in a case pending before the court.
(b) PROOF OF NONEXISTENCE OF RECORD.—A certification by the Attor-
ney General, or by an officer or employee of the Immigration and Natu-
ralization Service designated by the Attorney General, that a diligent search
of the records of the Service has failed to disclose a particular record is ad-
missible in any proceeding as evidence that the records of the Service do
not contain the record.
§ 343. Disposition of receipts
Except as otherwise provided by this title, an amount received in payment
of a fee or administrative penalty shall be deposited in the Treasury as mis-
cellaneous receipts. However, a fee received from an applicant residing in
the Virgin Islands or Guam and paid under section 2125 of this title shall
be paid to the treasury of the Virgin Islands or the treasury of Guam, re-
spectively.
§ 344. Triennial immigration-impact report
(a) REPORTING REQUIREMENT.—The President shall submit a com-
prehensive immigration-impact report to Congress not later than January
1, 1989, and not later than January 1 of each 3d year thereafter.
(b) CONTENT.—Each report shall include—
(1) the number and classification of aliens admitted and to be admit-
ted (whether as immediate relatives, special immigrants, refugees, pref-
erence immigrants, or nonimmigrants), paroled and to be paroled, and
granted and to be granted asylum during the periods specified in sub-
section (c) of this section;
(2) a reasonable estimate of the number of aliens who entered and
will enter the United States during those periods without visas or who
became or will become deportable during those periods under chapter
65 of this title; and
(3) a description of the impact of—
(A) admissions and other entries of immigrants, refugees,
asylees, and parolees into the United States during those periods
on the economy, labor and housing markets, educational system,
social services, foreign policy, environmental quality and resources,
and rate, size, and distribution of population growth in the United
States; and
(B) high rates of immigration resettlement on State and local
governments.
(c) HISTORY AND PROJECTIONS.—In each report, the information re-
ferred to in subsection (b) of this section shall be—
(1) described for the prior 3-year period; and
(2) projected for the next 5-year period, based on reasonable esti-
mates substantiated by the best available evidence.
(d) RECOMMENDATIONS.—The President also may include recommenda-
tions on changes in numerical limitations or other policies under subtitles
II and III of this title affecting the admission and entry of aliens into the
United States.
§ 345. Setting immigration adjudication and naturalization
fees
Fees for providing immigration adjudication and naturalization services
may be set at a level that will ensure recovery of—
(1) the costs of providing those services;
(2) the costs of providing similar services without charge to asylum
applicants or other immigrants; and
(3) any additional costs associated with the administration of the
fees collected.
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.
SUBCHAPTER I—PASSPORTS
§ 501. Individuals eligible for passports
(a) NATIONALS OF THE UNITED STATES.—A passport may be granted
only to, or verified only for, a national of the United States.
(b) APPLICATIONS.—An individual may be granted a passport only if the
individual submits a signed application containing all information required
by law and regulations. If the individual previously has not been granted
a United States passport, the application must be executed under oath be-
fore an individual authorized by the Secretary of State to administer oaths.
§ 502. Granting and verifying passports
(a) INDIVIDUALS AUTHORIZED TO GRANT AND VERIFY.—Under regula-
tions prescribed by the President, the Secretary of State may—
(1) grant and verify passports; and
(2) authorize only the following to grant and verify passports:
(A) the chief executive officer of a territory or possession of the
United States.
(B) in a foreign country, diplomatic representatives of the Unit-
ed States, consuls general, consuls, and vice consuls when in
charge.
(b) REPORTS.—As required by the Secretary, an individual granting or
verifying a passport shall report to the Secretary—
(1) the granting or verifying of the passport; and
(2) the information contained in the passport.
§ 503. Validity and use
(a) PERIOD OF VALIDITY.—A passport is valid for 10 years from the date
it is granted. However, the Secretary may limit the validity of a passport
to a shorter period in an individual case or on a general basis by regulation.
(b) RESTRICTIONS ON TRAVEL OR USE.—(1) Except as provided by para-
graph (2) of this subsection or another law, a passport may not be des-
ignated as restricted for travel to, or use in, any country.
(2) A passport may be designated as restricted for travel to, or use in,
a country—
(A) with which the United States is at war;
(B) in which armed hostilities are in progress; or
(C) in which there is imminent danger to the public health or phys-
ical safety of United States travelers.
§ 504. Passport fees
(a) ESTABLISHING FEES.—The Secretary of State shall prescribe by reg-
ulation the fee for a passport and the fee for executing a passport applica-
tion. However, the following individuals are exempt from paying the pass-
port fee and, when executing the application before an officer or employee
of the United States Government, from paying the execution fee:
(1) an officer or employee of the Government going outside the Unit-
ed States on official business, and a member of the immediate family
of the officer or employee.
(2) a sailor needing a passport for service on a vessel of the United
States.
(3) a widow, child, parent, brother, or sister of a deceased member
of the armed forces of the United States going outside the United
States to visit the member’s grave.
(b) COLLECTION AND RETENTION OF APPLICATION FEES.—The Sec-
retary by regulation may—
(1) authorize an official of a State to collect and retain the fee for
each passport application executed before the official; and
(2) transfer to the United States Postal Service the fee for each ap-
plication executed before the Service.
(c) DEPOSITS IN THE TREASURY.—Except for fees retained or trans-
ferred under subsection (b) of this section, fees collected under this section
shall be deposited in the Treasury.
(d) REFUNDS.—(1) The Secretary may refund a passport fee—
(A) paid by an individual exempt from payment under subsection (a)
of this section; or
(B) paid to an officer or employee of the Government by an individ-
ual granted a passport who is refused a visa in the United States by
the appropriate officer of a government of a foreign country if the indi-
vidual within 6 months from the date the passport is granted makes
a written request and returns the unused passport.
(2) Amounts are appropriated to the Secretary to make refunds under
paragraph (1)(B) of this subsection.
(e) FEES USED FOR MACHINE-READABLE PASSPORTS AND VISAS.—Not-
withstanding another law and to the extent provided by an appropriation
law, not more than $5,000,000 in passport fees collected by the Secretary
of State may be credited each fiscal year to a Department of State account.
Amounts credited to the account are available only for costs associated with
acquiring and producing machine-readable United States passports and
visas and compatible reading equipment. Amounts credited under this sub-
section remain available until expended.
§ 505. Limitation on acquiring paper for passports
Amounts may not be used to acquire paper for passports if—
(1) the paper is manufactured outside the United States and the ter-
ritories and possessions of the United States or would be acquired from
an entity owned or controlled by a person that is not a citizen of the
United States; and
(2) a domestic manufacturer for paper for passports exists.
SUBCHAPTER II—TRAVEL REQUIREMENTS
§ 511. Travel document requirements
(a) DEFINITIONS.—In this section—
(1) ‘‘permit’’ means a passport, visa, reentry permit, or other docu-
ment used to enter or leave the United States.
(2) ‘‘person’’, in addition to its meaning under section 1 of title 1,
includes a governmental entity.
(3) ‘‘United States’’ includes all territory and waters subject to the
jurisdiction of the United States.
(b) ENTERING OR LEAVING THE UNITED STATES.—(1) Subject to condi-
tions and exceptions prescribed by the President, a citizen of the United
States may enter or leave, or attempt to enter or leave, the United States
only if the citizen has a valid passport.
(2) An alien may enter or leave, or attempt to enter or leave, the United
States only under regulations prescribed or orders issued by the President.
(c) OTHER RESTRICTIONS.—Unless otherwise ordered by the President,
a person may not—
(1) transport or attempt to transport an individual into or out of the
United States if the person has reason to believe that the entry or de-
parture is prohibited by this section;
(2) knowingly make a false statement in an application for a permit
with the intent to have the permit granted for any individual;
(3) knowingly give, attempt to give, or assist in giving an individual
a permit not intended for the individual;
(4) knowingly use or attempt to use a permit not granted or in-
tended for that person;
(5) forge, change, or mutilate a permit, or have a permit forged,
changed, or mutilated; or
(6) knowingly use, attempt to use, or give to another for use, a per-
mit that is forged, changed, mutilated, or invalid.
(d) ALIENS OTHERWISE INADMISSIBLE.—This title does not entitle an
alien to enter the United States if the alien is granted a permit but other-
wise is inadmissible.
(e) REVOCATION OF REGULATION OR ORDER.—Revocation of a regula-
tion prescribed or order issued under this section does not prevent prosecu-
tion, or imposition of penalties, for violation of the regulation or order be-
fore it was revoked.
§ 512. Certain rights to enter or leave unaffected
This title does not affect the rights of the following individuals to enter
or leave the United States:
(1) an American Indian born in Canada who is at least 50 percent
of American Indian descent.
(2) an alien member of the armed forces of the United States enter-
ing or leaving the United States under orders or with permission when
the member is in uniform or carrying identification as a member of the
armed forces.
§ 513. Records about residents permanently leaving the
United States
The Attorney General may authorize an immigration officer to record the
following information about a resident of the United States leaving the
United States through Canada or Mexico for permanent residence in a for-
eign country:
(1) name.
(2) race, age, and sex.
(3) country of birth.
(4) marital status.
(5) occupation.
(6) whether the resident can read or write.
(7) nationality.
(8) country of which the resident is a citizen or subject.
(9) last permanent residence in the United States.
(10) intended future permanent residence.
(11) time and port of last entry into the United States.
(12) if the resident claims to be a national of the United States,
facts on which the claim is based.
§ 514. Travel restrictions on citizens of foreign countries
(a) GENERAL POLICY.—(1) To carry out the general principles of the
Final Act of the Conference on Security and Cooperation in Europe empha-
sizing the lowering of international barriers to the free movement of people
and ideas and in accordance with the Vienna Convention on Diplomatic Re-
lations establishing the legal principles of nondiscrimination and reciprocity,
it is the general policy of the United States to impose restrictions on travel
within the United States by citizens of a foreign country only when the gov-
ernment of that foreign country imposes restrictions on travel by citizens
of the United States within that country.
(2) This subsection does not limit a restriction on travel within the Unit-
ed States that the United States Government, on a reciprocal basis, imposes
on an official of a government of a foreign country.
(b) CONVEYANCE OF POLICY AND ELIMINATION OF RESTRICTIONS.—The
Secretary of State shall—
(1) ensure that the policy of subsection (a) of this section is conveyed
clearly to the government of a foreign country imposing travel restric-
tions on citizens of the United States; and
(2) seek the elimination, on a mutual and reciprocal basis, of travel
restrictions imposed by that government and by the United States Gov-
ernment on each other’s citizens.
CHAPTER 7—GENERAL MISCELLANEOUS
Sec.
701.
Certain treaties unaffected.
702.
Construing references to organizations about advocating overthrow of United States
Government.
§ 701. Certain treaties unaffected
Except as provided by section 20702(c) of this title, this title does not
affect a treaty ratified by the Senate before December 25, 1952.
§ 702. Construing references to organizations about advo-
cating overthrow of United States Government
A reference in this title to an organization may not be construed as a
declaration that the organization does not advocate the overthrow of the
United States Government by unconstitutional means.
SUBTITLE II—ALIENS
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
PART B—IMMIGRANTS
41.
NUMERICAL LIMITATIONS .......................................................................
4101
43.
PETITIONS AND DOCUMENTATION .......................................................
4301
45.
CONDITIONAL PERMANENT RESIDENT STATUS ...............................
4501
PART C—REFUGEES
51.
ADMISSIONS ..................................................................................................
5101
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
PART E—ADDITIONAL REQUIREMENTS AND LIMITATIONS
81.
REGISTRATION AND FINGERPRINTING ................................................
8101
83.
MISCELLANEOUS .........................................................................................
8301
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
PART G—PENALTIES
101.
PENALTIES ....................................................................................................
10101
PART A—NONIMMIGRANTS
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.
SUBCHAPTER I—ADMISSION
§ 2101. Admission
Except as otherwise provided, an alien may be admitted to the United
States as a nonimmigrant for the time and under conditions the Attorney
General prescribes by regulation. The Attorney General may require the
alien to file a bond or undertaking, in the amount and containing conditions
the Attorney General prescribes, to ensure that the alien will leave the Unit-
ed States when—
(1) the time for which the alien is admitted expires; or
(2) the alien does not remain a member of the nonimmigrant class
under which the alien was admitted or to which the Attorney General
changes the alien under section 9108 of this title.
§ 2102. Presumption
An alien (except a nonimmigrant classified under section 2313, 2317, or
2325 of this title) is presumed to be an immigrant until the alien satisfies
the consular officer, at the time of application for a visa, and the immigra-
tion officer, at the time of application for admission, that the alien qualifies
as a nonimmigrant.
§ 2103. Application of certain provisions to diplomats
Except as otherwise provided by this title, those provisions of this title
related to ineligibility for a visa and exclusion or deportation of an alien do
not apply to a nonimmigrant described by—
(1) section 2301(1) of this title, except that the nonimmigrant is
subject—
(A) to those provisions requiring a passport and visa for identi-
fication and proof of the nonimmigrant’s classification under that
section; and
(B) under regulations prescribed by the President, to section
6308(a)–(c) of this title; or
(2) section 2301(2) or 2302(1)–(5) of this title, except that the non-
immigrant is subject to—
(A) those provisions requiring a passport and visa for identifica-
tion and proof of the nonimmigrant’s classification under one of
those sections; and
(B) section 6308(a)–(c) of this title.
SUBCHAPTER II—DOCUMENTATION
§ 2121. Documentation requirements
(a) GENERAL.—Except as provided by this section and section 2127 of
this title, an alien classified as a nonimmigrant under chapter 23 of this
title may be admitted to the United States only if, when applying for admis-
sion, the nonimmigrant has—
(1) a passport that—
(A) is valid for at least 6 months after the last day of the
alien’s initial period of admission or contemplated initial period of
admission; and
(B) authorizes the alien during those 6 months to return to the
foreign country from which the alien came or to enter another for-
eign country; and
(2) a nonimmigrant visa or border crossing identification card at the
time of applying for admission.
(b) GENERAL WAIVERS.—The Attorney General and the Secretary of
State jointly may waive a requirement of subsection (a) of this section—
(1) in an individual case because of an unforeseen emergency;
(2) on a reciprocal basis, for nationals of foreign contiguous territory
or of adjacent islands and for residents of that territory or islands who
have a common nationality with those nationals; and
(3) for an alien proceeding in immediate and continuous travel
through the United States on a carrier operating under a contract au-
thorized by section 6905(b)(1)(B) of this title.
(c) WAIVERS FOR VISITORS TO GUAM.—(1) The Attorney General, the
Secretary of State, and the Secretary of the Interior jointly may waive sub-
section (a) of this section for an alien applying for admission as a non-
immigrant visitor under section 2303 of this title, but only for entry into
and stay on Guam for not more than 15 days, if they jointly decide, after
consulting with the Governor of Guam, that—
(A) an adequate arrival and departure control system has been devel-
oped on Guam; and
(B) the waiver does not represent a threat to the welfare, safety, or
security of the United States or its territories or possessions.
(2) An alien may be granted a waiver under this subsection only if the
alien waives any right—
(A) to a review or appeal under this title of an immigration officer’s
decision on the admissibility of the alien at the port of entry into
Guam; or
(B) to contest (except on the basis of an application for asylum) an
action for deportation against the alien.
(3) An alien admitted to Guam without a visa under this subsection may
not—
(A) stay in Guam for more than 15 days after the date of admission
to Guam; or
(B) enter or stay in the United States under that admission, except
in Guam.
(4) If adequate appropriated amounts to carry out this subsection are not
available, the Attorney General may accept amounts tendered by the govern-
ment of Guam to cover any part of the cost of carrying out this subsection.
§ 2122. Applications for nonimmigrant visas and registra-
tion
(a) APPLICATION
REQUIREMENTS.—An alien applying for a non-
immigrant visa must apply in the way prescribed by regulation. The applica-
tion must contain the following information about the alien:
(1) the complete true name of the alien.
(2) a personal description, including height, complexion, color of hair
and eyes, and marks of identification.
(3) the date and place of birth.
(4) nationality.
(5) marital status.
(6) the purpose in going to the United States.
(7) the period of intended stay in the United States.
(8) additional information prescribed by regulation that is necessary
to identify the alien and enforce the immigration and nationality laws.
(b) ADDITIONAL REQUIREMENTS.—An alien applying for a nonimmigrant
visa must—
(1) register as provided by chapter 81 of this title when applying for
the visa;
(2) if required by the consular officer to decide whether the alien
may receive a visa, take a physical or mental examination, or both; and
(3) provide the consular officer, with the application, a certified copy
of any document about the alien that may be required by regulation.
(c) STATEMENT ABOUT NO ENTITLEMENT TO ENTER
THE UNITED
STATES.—An application for a nonimmigrant visa shall inform the applicant
that a visa or other documentation issued to an alien does not entitle the
alien to enter the United States if, on arrival at a port of entry, the alien
is found to be inadmissible.
(d) SIGNATURE AND OATH.—Except as otherwise prescribed by regula-
tion, an alien must—
(1) sign an application for a nonimmigrant visa in the presence of
a consular officer; and
(2) take an oath administered by the consular officer verifying the
application.
(e) DISPOSITION OF APPLICATIONS.—An application for a nonimmigrant
visa or other documentation as a nonimmigrant shall be disposed of as pre-
scribed by regulation.
§ 2123. Granting nonimmigrant visas and other documenta-
tion
(a) GENERAL.—Except as provided by subsection (b) of this section, a
consular officer may grant a nonimmigrant visa to an eligible nonimmigrant
who has made a proper application for the visa.
(b) PROHIBITIONS.—(1) A consular officer may not grant a non-
immigrant visa or other documentation to an alien if—
(A) the alien is required to be registered under section 8101(a)(1)
of this title and is not registered;
(B) the alien’s application does not comply with this title or regula-
tions prescribed under this title; or
(C) the alien is excludable from admission to the United States; or
(D) the consular officer has reason to believe the alien is ineligible
for the visa or other documentation.
(2) Notwithstanding paragraph (1)(D) of this subsection, a consular offi-
cer may grant a nonimmigrant visa or other documentation to—
(A) an alien to whom section 6304(a) of this title applies if—
(i) the alien otherwise may receive the visa or other documenta-
tion; and
(ii) the consular officer receives notice from the Attorney Gen-
eral that the alien filed a bond or undertaking under section
6304(b) of this title; or
(B) an alien applying as a nonimmigrant under section 2303 or
2310 of this title if the alien otherwise may receive the visa or other
documentation, and the consular officer receives notice from the Attor-
ney General that the alien filed a bond or undertaking, in the amount
and containing conditions the consular officer prescribes, to ensure that
the alien will leave the United States when—
(i) the time for which the alien is admitted expires; or
(ii) the alien does not remain a member of the nonimmigrant
class under which the alien was admitted or to which the Attorney
General changes the alien under section 9108 of this title.
(c) FORM AND CONTENT OF VISAS.—Except as otherwise prescribed by
regulation, the granting of a nonimmigrant visa shall be shown by a stamp
placed by a consular officer in the alien’s passport. The visa shall specify—
(1) the alien’s nonimmigrant classification under chapter 23 of this
title;
(2) the expiration date of the visa; and
(3) additional information that may be required.
§ 2124. Period of validity and revocation
(a) PERIOD OF VALIDITY.—A nonimmigrant visa is valid for the period
prescribed by regulation. In prescribing the period of validity, the Secretary
of State, to the extent practicable, shall treat nationals of a foreign country
the same as the government of that country treats nationals of the United
States within a similar class.
(b) REVOCATION.—A consular officer or the Secretary may revoke a visa
or other documentation issued to a nonimmigrant. A revocation invalidates
the visa or documentation from the date the visa or documentation was
granted. The Attorney General shall be notified of each revocation.
§ 2125. Fees
The Secretary of State shall prescribe fees for providing and verifying a
nonimmigrant visa application for, and granting a nonimmigrant visa to, a
nonimmigrant of each foreign country. If practicable, the total amount of
the fees shall correspond to the total of all visa, entry, residence, or similar
fees the country imposes on nationals of the United States. An alien de-
scribed by section 11 of the Agreement Between the United Nations and
the United States of America Regarding the Headquarters of the United
Nations (61 Stat. 761) and traveling to or from the headquarters district
of the United Nations shall be granted a nonimmigrant visa without charge.
§ 2126. Burden of proof
An individual applying for a nonimmigrant visa or other documentation
required for entering the United States as a nonimmigrant has the burden
of proving that the individual is eligible to be granted the visa or docu-
mentation. A consular officer may grant the visa or documentation only if
satisfied that the individual is eligible to receive the visa or documentation.
§ 2127. Visa waiver pilot program
(a) ESTABLISHMENT OF PROGRAM.—The Attorney General and the Sec-
retary of State jointly may maintain a pilot program for the fiscal years
ending September 30, 1989–1994, under which they jointly may waive sec-
tion 2121(a)(2) of this title for an alien eligible for a waiver under sub-
section (c) of this section.
(b) DESIGNATION OF PILOT PROGRAM COUNTRIES.—(1) The Attorney
General and the Secretary jointly may designate any foreign country as a
pilot program country if the government of that country extends (or agrees
to extend) reciprocal privileges to nationals of the United States and meets
the requirements of paragraphs (2) and (3) of this subsection. A designation
is only for a fiscal year.
(2) Subject to paragraph (3) of this subsection, a country may be des-
ignated as a pilot program country only if—
(A) the average number of refusals of nonimmigrant visitor visas for
nationals of that country during the prior 2 fiscal years was less than
2 percent of the number of nonimmigrant visitor visas for nationals of
that country that were granted or refused during those years;
(B) the average number of refusals of nonimmigrant visitor visas for
nationals of that country during either of those 2 years was less than
2.5 percent of the number of nonimmigrant visitor visas for nationals
of that country that were granted or refused during that year;
(C) the government of that country certifies that it has or is develop-
ing a program to issue machine-readable passports to citizens of that
country; and
(D) the Attorney General decides that the law enforcement interests
of the United States would not be compromised by the designation of
that country.
(3) A country that was a pilot program country in the prior fiscal year
may be designated as a pilot program country in a subsequent fiscal year
of the program only if the total number of nationals referred to in clauses
(A) and (B) of this paragraph is less than 2 percent of the number of na-
tionals of that country who applied for admission as nonimmigrant visitors
during that prior fiscal year:
(A) the number of nationals of that country who were excluded from
admission or withdrew their application for admission during that prior
fiscal year as nonimmigrant visitors; plus
(B) the number of nationals of that country who were admitted as
nonimmigrant visitors during that prior fiscal year and who violated a
condition of that admission.
(c) ELIGIBLE ALIENS.—An alien is eligible for a waiver under the pro-
gram if the alien—
(1) is applying to be admitted not later than September 30, 1994,
as a nonimmigrant visitor under section 2303 of this title for not more
than 90 days;
(2) is a national of, and presents a passport issued by, a foreign
country designated as a pilot program country under subsection (b) of
this section;
(3) before admission, completes an immigration form prescribed by
the Attorney General;
(4) before being provided a waiver under the program, waives any
right—
(A) to a review or appeal under this title of an immigration offi-
cer’s decision on the admissibility of the alien at the port of entry
into the United States; or
(B) to contest (except on the basis of an application for asylum)
an action for deportation against the alien;
(5) when arriving by air or sea, arrives at the port of entry into the
United States on a carrier that has an agreement with the Attorney
General to guarantee transportation of the alien out of the United
States if the alien is found inadmissable or deportable by an immigra-
tion officer;
(6) has a round-trip transportation ticket unless the Attorney Gen-
eral by regulation waives this requirement;
(7) is not a threat to the welfare, health, safety, or security of the
United States; and
(8) complied with the conditions of any previous admission without
a visa under the program.
(d) ADMISSION UNDER VISA WAIVER PILOT PROGRAM.—An alien admit-
ted to the United States under this section without a visa may not stay in
the United States as a nonimmigrant visitor for more than 90 days after
the date of admission to the United States.
(e) CARRIER AGREEMENTS.—(1) A carrier and the Attorney General may
make an agreement referred to in subsection (c)(5) of this section under
which the carrier agrees, in consideration of the waiver of the visa require-
ment for a nonimmigrant visitor under the program—
(A) to indemnify the United States Government against costs of
transporting that visitor from the United States if the visitor is refused
admission or remains in the United States unlawfully after the end of
the period of admission referred to in subsection (c)(1) of this section;
(B) to submit each day to immigration officers any immigration
forms received about nonimmigrant visitors given a waiver under the
program; and
(C) to be liable, under regulations the Attorney General prescribes,
for transporting a national of a pilot program country into the United
States without a passport.
(2) If a carrier does not comply with an agreement made under para-
graph (1) of this subsection, the Attorney General may end the agreement
on 5 days’ notice to the carrier.
(f) DENIAL OF WAIVERS.—Notwithstanding subsections (a)–(c) and (e)
of this section, the Attorney General and the Secretary jointly may—
(1) for any reason refuse to waive the visa requirement for a na-
tional of a foreign country that otherwise may qualify for designation
as a pilot program country under this section; or
(2) rescind at any time a waiver or designation previously granted
under this section.
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 tel-
evision.
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.
SUBCHAPTER I—GENERAL
§ 2301. Officials of governments of foreign countries
An alien is classified as a nonimmigrant under this section if the alien
is—
(1)(A) an ambassador, public minister, or career diplomatic or con-
sular officer accredited by a government of a foreign country recog-
nized de jure by the United States Government who is accepted by the
President or the Secretary of State; or
(B) a member of the immediate family of the ambassador, minister,
or officer;
(2) on a reciprocal basis—
(A) another official or employee accredited by a government of
a foreign country recognized de jure by the United States Govern-
ment who is accepted by the Secretary; or
(B) a member of the immediate family of the official or em-
ployee; or
(3) on a reciprocal basis—
(A) an attendant, servant, or personal employee of an alien de-
scribed by clause (1)(A) or (2)(A) of this section; or
(B) a member of the immediate family of the attendant, serv-
ant, or personal employee.
§ 2302. Representatives to international organizations
An alien is classified as a nonimmigrant under this section if the alien
is—
(1)(A) a designated principal resident representative of a government
of a foreign country to an international organization if the government
is recognized de jure by the United States Government and is a mem-
ber of the international organization; or
(B) a member of the immediate family of the representative;
(2)(A) an accredited resident member of the staff of a representative
described by clause (1)(A) of this section; or
(B) a member of the immediate family of the member;
(3)(A) an accredited representative (except a representative described
by clause (1)(A) of this section) of a government of a foreign country
to an international organization if the government is recognized de jure
by the United States Government and is a member of the international
organization; or
(B) a member of the immediate family of the representative;
(4)(A) an alien described by clause (1)(A), (2)(A), or (3)(A) of this
section, except that the government of the foreign country is not recog-
nized de jure by the United States Government or is not a member of
an international organization; or
(B) a member of the immediate family of the alien;
(5)(A) an officer or employee of an international organization; or
(B) a member of the immediate family of the officer or employee;
or
(6)(A) an attendant, servant, or personal employee of an alien de-
scribed by clause (1)(A), (2)(A), (3)(A), (4)(A), or (5)(A) of this sec-
tion; or
(B) a member of the immediate family of the attendant, servant, or
personal employee.
§ 2303. Visitors for business and pleasure
An alien is classified as a nonimmigrant under this section if the alien—
(1) has a residence in a foreign country that the alien has no inten-
tion of abandoning; and
(2) is visiting the United States temporarily for business or pleasure
(except to study, to perform skilled or unskilled labor, or to work as
a representative of foreign information media).
§ 2304. Aliens in immediate and continuous travel
An alien is classified as a nonimmigrant under this section if the alien
is—
(1) in immediate and continuous travel through the United States;
or
(2) entitled to travel between a foreign country and the headquarters
district of the United Nations under section 11(3), (4), or (5) of the
Agreement Between the United Nations and the United States of
America Regarding the Headquarters of the United Nations (61 Stat.
761).
§ 2305. Crewmembers
(a) GENERAL.—(1) Except as provided by subsection (c) of this section,
an alien is classified as a nonimmigrant under this section if the alien—
(A) is a crewmember serving as a crewmember in a capacity required
for normal operation and service on a vessel (except a fishing vessel
having its home port or an operating base in the United States) or on
an aircraft; and
(B) intends to land temporarily and only as a crewmember and to
depart on a vessel or aircraft.
(2) Serving in a capacity required for normal operation and service on
a vessel under paragraph (1)(A) of this subsection only includes performing
longshore work (as defined by section 2721 of this title) to the extent pro-
vided under sections 2723–2725 of this title.
(b) CREWMEMBERS OF FISHING VESSELS LANDING IN GUAM.—(1) Ex-
cept as provided by subsection (c) of this section, an alien is classified as
a nonimmigrant under this section if the alien—
(A) is a crewmember serving as a crewmember in any capacity re-
quired for normal operation and service on a fishing vessel having its
home port or an operating base in the United States; and
(B) intends to land in Guam temporarily and only as a crewmember
and to depart on the vessel on which the alien arrived.
(2) An alien is deemed to have departed from Guam under paragraph
(1)(B) of this subsection after leaving the territorial waters of Guam with-
out regard to whether the alien arrives in a foreign country before returning
to Guam.
(c) CREWMEMBERS EMPLOYED IN LABOR DISPUTES.—(1) An alien who
intends to land to perform service on a vessel of the United States (as de-
fined by section 2101 of title 46) or on an aircraft of an air carrier (as
defined by section 101 of the Federal Aviation Act of 1958 (49 App. U.S.C.
1301)) during a labor dispute in which there is a strike or lockout of the