111
(B) The alien shall file the petition at the place and time the Secretary
of State decides by regulation. Only one petition may be filed during a peti-
tioning period established by the Secretary. If more than one petition is filed
during a period, all petitions filed by the alien during that period are void.
(C)(i) The Secretary of State shall designate a period during which a pe-
tition for a visa that may be granted under section 4105 of this title for
the fiscal year beginning after the end of the period may be filed.
(ii) An alien who qualifies for a visa under section 4105 of this title re-
mains eligible to receive the visa through the end of the fiscal year for which
the alien was selected.
(iii) The Secretary of State shall prescribe regulations necessary to carry
out this subparagraph.
(D) A petition under this paragraph shall—
(i) be in a form the Secretary of State prescribes by regulation; and
(ii) contain information and documentary evidence the Secretary re-
quires.
(c) APPROVING PETITIONS.—After investigating the facts about a peti-
tion, and after consulting with the Secretary of Labor about a petition to
classify an alien under section 4104(c) or (d) of this title, the Attorney Gen-
eral shall approve the petition if the Attorney General decides the facts stat-
ed in the petition are true and the alien is entitled to be classified as re-
quested as an immediate relative or under section 4103, 4104, or 4106 of
this title. After approving the petition, the Attorney General shall submit
one copy to the Secretary of State. The Secretary then shall authorize the
appropriate consular officer to classify the alien as approved.
(d) 
NONDISCRIMINATION.—Except 
as 
provided 
by 
sections 
137,
4102(d)(6)–(8), 4103–4106, 4108, and 4111(a)(1) of this title, an alien
may not be classified or be discriminated against in granting an immigrant
visa under section 4313 of this title because of the alien’s race, sex, nation-
ality, place of birth, or place of residence.
(e) NO ENTITLEMENT TO ENTER
THE UNITED STATES.—This sub-
chapter does not entitle an immigrant for whom a petition is approved
under this subchapter to enter the United States if found not to be entitled
to the classification on arrival in the United States.
§ 4302. Approving petitions for children
(a) FAVORABLE HOME STUDY REQUIREMENT.—Notwithstanding section
4301 of this section, a petition for a child (as defined by section 110(a)(6)
of this title) may be approved only if a valid home study has been rec-
ommended favorably—
(1) by an agency of the State of the proposed residence of the child;
112
(2) by an agency authorized to conduct the study by the State of
the proposed residence of the child; or
(3) for a child adopted outside the United States, by an appropriate
adoption agency licensed in the United States.
(b) PETITIONS FOR CERTAIN CHILDREN FATHERED BY CITIZENS OF
THE UNITED STATES.—(1) An alien claiming to be an alien described by
paragraph (2)(A) of this subsection, or a person for the alien, may petition
the Attorney General to be classified as an immediate relative or under sec-
tion 4103(b) or (d) of this title, as appropriate.
(2) After investigating the facts about a petition, the Attorney General
shall approve the petition if—
(A) the Attorney General has reason to believe that the alien was
born in Kampuchea, Korea, Laos, Thailand, or Vietnam after Decem-
ber 31, 1950, and before October 22, 1982, and was fathered by a citi-
zen of the United States;
(B) the Attorney General has received an acceptable guarantee of
legal custody and financial responsibility described by paragraph (5) of
this subsection; and
(C) for an alien less than 18 years of age—
(i) an appropriate child welfare agency licensed in the United
States and actively involved in the intercountry placement of chil-
dren arranged the placement of the alien with a sponsor in the
United States; and
(ii) the mother or guardian of the alien, in writing, irrevocably
released the alien for emigration.
(3) In considering a petition filed under this subsection, the Attorney
General shall—
(A) consult with appropriate government officials and officials of pri-
vate voluntary organizations in the foreign country in which the alien
was born in making the findings described by paragraph (2)(A) and
(C)(i) of this subsection; and
(B) consider the physical appearance of the alien and evidence pro-
vided by the petitioner, including—
(i) birth and baptismal certificates;
(ii) local civil records;
(iii) photographs of, and letters or proof of financial support
from, a putative father who is a citizen of the United States; and
(iv) relevant or probative testimony of witnesses.
(4) After approving the petition, the Attorney General shall submit one
copy to the Secretary of State.
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(5) A guarantee of legal custody and financial responsibility for an alien
required by paragraph (2) of this subsection must—
(A) be signed in the presence of a consular officer or an immigration
officer by a sponsor who is—
(i) at least 21 years of age;
(ii) of good moral character; and
(iii) a citizen of the United States or an alien lawfully admitted
for permanent residence; and
(B) provide that the sponsor agrees—
(i) for an alien less than 18 years of age, to assume legal cus-
tody for the alien when the alien departs for the United States
and until the alien becomes 18 years of age, as provided under the
laws of the State in which the alien and the sponsor will reside;
and
(ii) to provide, during the longer of the 5-year period beginning
on the date the alien acquires the status of an alien lawfully ad-
mitted for permanent residence or the period beginning on that
date and ending on the date the alien becomes 21 years of age,
financial support necessary to maintain the family in the United
States of which the alien is a member at a level equal to at least
125 percent of the current official poverty line (established by the
Director of the Office of Management and Budget under section
673(2) of the Omnibus Budget Reconciliation Act of 1981 (42
U.S.C. 9902(2) and revised by the Secretary of Health and
Human Services under section 673(2)) for a family the same size
as that of the family of the alien.
(6) The Attorney General may bring a civil action against the sponsor
in the district court of the United States for the judicial district in which
the sponsor resides to enforce a guarantee of legal custody and financial re-
sponsibility made under paragraph (5) of this subsection. However, a spon-
sor or the estate of the sponsor is not liable under the guarantee if the
sponsor dies or is adjudicated a bankrupt under title 11.
§ 4303. Petitions for married aliens
(a) LIMITATIONS ON APPROVING PETITIONS FOR CERTAIN SPOUSES.—
The Attorney General may approve a spousal petition under section 4103(c)
of this title filed by an alien who, because of a prior marriage, had become
an alien lawfully admitted for permanent residence as the spouse of a citizen
of the United States or an alien lawfully admitted for permanent residence
only if—
(1) 5 years have passed since the alien had become an alien lawfully
admitted for permanent residence;
114
(2) the alien, by clear and convincing evidence, satisfies the Attorney
General that the prior marriage was not entered into to evade the im-
migration laws; or
(3) the prior marriage of the alien ended by the death of the alien’s
spouse.
(b) PROHIBITION ON APPROVING PETITIONS BECAUSE OF MARRIAGES
TO EVADE IMMIGRATION LAWS.—Notwithstanding section 4301(c) of this
title, a petition to classify an alien may not be approved if—
(1) an alien previously was classified, or sought to be classified, as
an immediate relative or under section 4108 of this title as a spouse
of a citizen of the United States or an alien lawfully admitted for per-
manent residence because of a marriage the Attorney General decides
was entered into to evade the immigration laws; or
(2) the Attorney General decides the alien has attempted or con-
spired to enter into a marriage to evade the immigration laws.
(c) REQUIRED RESIDENCE OUTSIDE THE UNITED STATES FOR CERTAIN
ALIENS INVOLVED IN PROCEEDINGS.—(1) Notwithstanding section 4301(a)
and (b) of this title, a petition to classify an alien as an immediate relative
or under section 4103, 4104, 4105, or 4106 of this title because of a mar-
riage entered into after November 9, 1986, and during the period described
by section 9101(f)(1)(C) of this title may not be approved until the alien
resides outside the United States for 2 years after the marriage.
(2) Paragraph (1) of this subsection does not apply to a marriage if the
alien establishes by clear and convincing evidence satisfactory to the Attor-
ney General that—
(A) the marriage was entered into in good faith and under the laws
of the place where the marriage took place;
(B) the marriage was not entered into to procure the alien’s entry
as an immigrant; and
(C) no consideration was given, except to an attorney for assistance
in preparing a petition, for filing a petition under section 2329(b) or
4301(a) or (b) of this title for an alien spouse or alien son or daughter.
(3) Under regulations of the Attorney General, the Attorney General shall
allow only one level of administrative appellate review for each alien under
paragraph (2) of this subsection.
§ 4304. Revoking approved petitions
The Attorney General may revoke at any time a petition approved by the
Attorney General under section 4301(c) of this title if the Attorney General
considers that there is good cause to revoke. Revocation is effective as of
the date of approval of the petition if notice of the revocation is mailed to
the last known address of the petitioner and the Secretary of State notifies
115
the alien for whom the petition was filed of the revocation before the alien
begins traveling to the United States. If notice is not given as required by
this section and the alien applies for admission to the United States, the
admissibility of the alien shall be decided as provided by sections 6103,
6331(a)–(d) and (f)–(h), and 6332 of this title.
SUBCHAPTER II—DOCUMENTATION
§ 4311. Documentation requirements
(a) DOCUMENTS REQUIRED.—(1) An immigrant may be admitted to the
United States only if, when applying for admission, the immigrant—
(A)(i) has an unexpired entry document required by this title; or
(ii) was born after an entry document was granted to the accom-
panying parent;
(B) has an unexpired travel document or document of identity and
nationality when required by regulations the Attorney General pre-
scribes; and
(C) has a visa granted as provided under sections 4103–4106 and
4313(b) of this title.
(2) This section does not apply to an alien admitted under section 5105
of this title.
(b) WAIVER FOR CERTAIN SPECIAL IMMIGRANTS.—Under conditions that
may be prescribed by regulations of the Attorney General, the Attorney
General may readmit a special immigrant (as defined by section 137(a)(1)
of this title) returning to the United States, without the alien’s having to
obtain a passport, immigrant visa, reentry permit, or other documentation,
if the alien otherwise is admissible.
§ 4312. Applications for immigrant visas and registration
(a) APPLICATION REQUIREMENTS.—An alien applying for an immigrant
visa must apply in the way and at the place prescribed by regulation. The
application must contain the following information about the alien:
(1) the complete true name of the alien and each alias ever used.
(2) a personal description, including age, sex, height, complexion,
color of hair and eyes, and marks of identification.
(3) the date and place of birth.
(4) present and prior addresses.
(5) marital status and the names and addresses of the alien’s spouse
and children.
(6) the names and addresses of parents, and if neither parent is liv-
ing, the name and address of a next of kin in the foreign country from
which the alien is coming.
(7) occupation.
(8) any language the alien can speak, read, or write.
116
(9) whether the alien is going to join a relative or friend in the
United States and, if so, the name and address of the relative or
friend.
(10) the purpose in going to the United States.
(11) the period of intended stay in the United States.
(12) the port of entry into the United States.
(13) any final destination beyond the port of entry, and whether the
alien has a ticket through to the final destination.
(14) whether the alien has ever been arrested, convicted, imprisoned,
or in a poorhouse.
(15) whether the alien has ever been granted a pardon or amnesty.
(16) whether the alien has ever been treated for mental disease.
(17) whether the alien is claiming to be an immediate relative, an
immigrant entitled to be classified under section 4103, 4104, 4105, or
4106 of this title, or a special immigrant, and the facts supporting the
claim.
(18) whether the alien may be excluded under the immigration laws
from admission to the United States, and whether the alien is claiming
exemption from exclusion.
(19) additional information prescribed by regulation that is necessary
to identify the alien and enforce the immigration and nationality laws.
(b) ADDITIONAL REQUIREMENTS.—(1) An alien applying for an immi-
grant visa must—
(A) register as provided by chapter 81 of this title when applying
for the visa;
(B) take a physical and mental examination prescribed by regulation;
(C) if required under regulations the Secretary of State prescribes,
present a passport or other suitable travel document or a document of
identity and nationality; and
(D) provide the consular officer, with the application, with a certified
copy of—
(i) a statement from the appropriate police authorities stating
what their records show about the alien;
(ii) any existing prison record, military record, and record of
birth of the alien; and
(iii) any other record or documentation about the alien that the
consular officer may require.
(2) Each certified copy provided under paragraph (1)(D) of this sub-
section shall be attached to the application and become a part of the appli-
cation. If the alien satisfies the consular officer that it is not possible to
117
obtain the certified copy, the consular officer may allow the alien to submit
other satisfactory evidence of the fact to which the copy relates.
(c) SIGNATURE AND OATH.—Except as otherwise prescribed by regula-
tion, an alien must—
(1) sign an application for an immigrant visa in the presence of a
consular officer; and
(2) take an oath administered by the consular officer verifying the
application.
(d) PROCESSING IMMIGRANT VISA APPLICATIONS OF CUBAN NATIONALS
IN 3D COUNTRIES.—(1) In this subsection, ‘‘process’’ means accepting and
reviewing an application and preparing necessary documents and making
appropriate decisions related to the application.
(2) Notwithstanding sections 4313(f) and 6106 of this title, a consular
officer shall process an application for an immigrant visa by a Cuban na-
tional located in a 3d country on the same basis as an application for an
immigrant visa by a national of another country.
(e) STATEMENT ABOUT NO ENTITLEMENT TO ENTER
THE UNITED
STATES.—An application for an immigrant visa shall inform the applicant
that a visa or other documentation granted 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.
§ 4313. Granting immigrant visas and other documentation
(a) REGISTRATION ON WAITING LISTS.—Waiting lists of aliens applying
for immigrant visas shall be maintained under regulations the Secretary of
State prescribes.
(b) ORDER OF GRANTING VISAS.—(1) Immigrant visas allocated under
section 4103 or 4104 of this title shall be granted to qualified immigrants
in the order in which a petition for each immigrant is filed with the Attor-
ney General (or with the Secretary of State for special immigrants as de-
fined by section 137(a)(4) of this title) under section 4301 (a) or (b) of this
title.
(2) Immigrant visas allocated under section 4105 of this title shall be
granted to qualified immigrants randomly as the Secretary prescribes for
the fiscal year involved.
(c) GRANTING VISAS.—(1) A consular officer grants an immigrant visa
at the office of the consular officer outside the United States. A consular
officer may grant an immigrant visa to an eligible immigrant who has made
a proper application for the visa.
(2) A consular officer may grant a special immigrant or an immediate
relative an immigrant visa as a special immigrant or an immediate relative
on receiving satisfactory proof, under regulations prescribed under this title,
119
States by the United States Government, or is temporarily outside the Unit-
ed States on business, is valid until the regular return of the citizen to the
United States from the service, employment, or business, but for not more
than 3 years.
(b) REVOCATION.—A consular officer or the Secretary of State may re-
voke at any time an immigrant visa or other documentation granted to an
immigrant. A revocation invalidates the visa or documentation from the date
the visa or documentation is granted. The Attorney General shall be notified
of each revocation.
§ 4315. Unused immigrant visas
(a) REPLACING UNUSED VISAS.—A consular officer may replace an im-
migrant visa under its original number during the fiscal year it was granted
if—
(1) the immigrant establishes to the satisfaction of the consular offi-
cer that the immigrant was unable to use the visa when it was valid
for reasons that the immigrant did not cause and that were beyond the
immigrant’s control;
(2) the consular officer finds the immigrant is eligible for an immi-
grant visa; and
(3) the immigrant pays again the statutory fees for an application
and immigrant visa.
(b) GRANTING UNUSED VISAS.—An eligible immigrant may be granted
an unused immigrant visa that the immigrant qualifies for if the visa origi-
nally was granted to another immigrant—
(1) deported after being excluded from admission;
(2) not applying for admission before the visa expires; or
(3) as a preference immigrant and the immigrant is found not to be
a preference immigrant.
§ 4316. Reentry permits
(a) APPLICATIONS.—An alien lawfully admitted for permanent residence
who intends to leave the United States temporarily may apply to the Attor-
ney General for a reentry permit to reenter the United States. The applica-
tion must—
(1) state the length of, and reason for, the departure;
(2) state other information and be accompanied by photographs of
the applicant that the Attorney General prescribes by regulation; and
(3) be made under oath.
(b) GRANTING REENTRY PERMITS.—The Attorney General may grant the
reentry permit if the Attorney General finds—
(1) the application is made in good faith; and