(iii) entered the United States as a nonimmigrant classified
under any of sections 2312–2316 or 2325 of this title before Jan-
uary 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 maintaining the status of a nonimmigrant classified
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 adjustment of status to
special 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 adjustment of status to special immi-
grant status under this clause (9) not later than April 24, 1989,
or the immigrant’s 25th birthday, whichever is later.
(10) an immigrant who—
(A) is the surviving spouse of a deceased officer or employee of
an international organization;
(B) while maintaining the status of a nonimmigrant classified
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 adjustment of status to
special 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 April 24, 1989, or 6 months after the
date of death of the officer or employee, whichever is later.
(11)(A) an immigrant who—
(i) is a retired officer or employee of an international organiza-
tion;
(ii) while maintaining the status of a nonimmigrant classified
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 adjust-
ment 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 retirement from the international organiza-
tion; and
(iii) files a petition for special immigrant status under this
clause (11) not later than April 25, 1995, or 6 months after the
date of retirement, whichever is later; 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 or whom a juvenile court in the United States
has committed to, or placed in custody of, an authority or depart-
ment of a State and who has been 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.
§ 135. Spouse, wife, and husband
In this title, ‘‘spouse’’, ‘‘wife’’, and ‘‘husband’’ do not include a spouse,
wife, or husband by a marriage ceremony during which both parties were
not physically present, unless the parties consummated the marriage.
§ 136. State
In this title (except subchapter I of chapter 5, subchapters II and III of
chapter 131, and chapters 133 and 135), ‘‘State’’ means a State of the
United States, the District of Columbia, Puerto Rico, Guam, and the Virgin
Islands.
§ 137. 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.
§ 138. Totalitarian party
In this title, ‘‘totalitarian party’’ means an organization advocating the
establishment of a totalitarian dictatorship in the United States.
§ 139. United States
In this title (except subchapter I of chapter 5, subchapters II and III 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.
§ 140. 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.
§ 141. Visa
In this title, ‘‘visa’’ means an unexpired visa issued under section 2123
or 4313 of this title.
CHAPTER 3—ORGANIZATION AND ADMINISTRATION
SUBCHAPTER I—DEPARTMENT OF JUSTICE
Sec.
301.
General authority of the Attorney General.
302.
Immigration and Naturalization Service.
303.
Oaths and testimony.
304.
Enforcement authority.
305.
Local jurisdiction over immigrant stations.
306.
Records on aliens.
307.
Information about transporting alien females for prostitution and debauchery.
308.
Working hours and premium pay for officers and employees of the Immigration and
Naturalization Service.
309.
Providing immigration services for scheduled flights.
310.
Reimbursement for immigration inspection services.
311.
Travel expenses and expenses of interment.
312.
Providing services and articles at immigrant stations.
313.
Operation of photographic studios by welfare organizations.
314.
Crediting appropriations.
315.
Interest on immigration bonds.
316.
Breached Bond/Detention Fund.
317.
Immigration User Fee Account.
318.
Immigration Examinations Fee Account.
319.
Land border inspection fees.
320.
Advisory committee on inspection services.
321.
Immigration emergency fund.
322.
Reports.
323.
Information system on impact of immigration laws.
324.
Information about criminal aliens.
325.
Acceptance of State assistance for transporting deportable criminal aliens.
SUBCHAPTER II—DEPARTMENT OF STATE
341.
General authority of the Secretary of State.
342.
Administrator.
343.
Passport Office, Visa Office, and other offices.
344.
Sharing information about foreign traffickers in controlled substances.
345.
Automated Visa Lookout System.
346.
Surcharge for processing machine readable visas.
SUBCHAPTER III—MISCELLANEOUS
351.
Liaison with internal security officers.
352.
Confidentiality of records and proof of nonexistence.
353.
Disposition of receipts.
354.
Triennial immigration-impact report.
355.
Setting immigration adjudication and naturalization fees.
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 immigration laws. The
Attorney General’s decision and ruling on a question of law is controlling.
(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