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shall be issued a certificate of alien registration or an alien registration re-
ceipt card in the form and way, and at the time, the Attorney General pre-
scribes by regulation.
(b) CARD TO BE CARRIED.—An alien at least 18 years of age shall carry
at all times the certificate of alien registration or alien registration receipt
card issued to the alien under this section.
§ 8104. Address notification
(a) NOTICE OF CHANGE OF ADDRESS.—Each alien in the United States
who is required to register under this chapter shall—
(1) notify the Attorney General in writing of each new address of
the alien within 10 days after the date of a change of address; and
(2) provide with the notice additional information the Attorney Gen-
eral may require by regulation.
(b) NOTICE OF NATIVES’ CURRENT ADDRESSES.—The Attorney General
may require, on 10 days’ notice, the natives of a foreign country or a class
or group of natives of a foreign country who are in the United States and
required to register under this chapter to notify the Attorney General of
their current addresses and to provide the Attorney General additional in-
formation the Attorney General may require.
(c) NOTICE FOR ALIENS LESS THAN 14 YEARS OF AGE.—A parent or
legal guardian of an alien less than 14 years of age who is required to reg-
ister shall be given the notice required by this section.
§ 8105. Confidentiality of records
A registration or fingerprinting record made under this chapter is con-
fidential and may be made available only to—
(1) law enforcement agencies of the United States Government,
States, and localities; and
(2) persons and agencies the Attorney General designates.
CHAPTER 83—MISCELLANEOUS
Sec.
8301.
Notice of denial of visa, admission, or adjustment of status.
8302.
Restriction on immigration of officers and employees of foreign governments and inter-
national organizations.
8303.
Ineligibility of section 2312 nonimmigrants for certain benefits.
8304.
Sanctions for frivolous legal actions.
8305.
United States Government assistance in incarcerating undocumented criminal aliens.
§ 8301. Notice of denial of visa, admission, or adjustment of
status
If a consular officer or an immigration officer denies an alien’s applica-
tion for a visa, admission to the United States, or adjustment of status be-
cause the officer finds the alien to be ineligible under section 2121(a),
4104(c)(2), (d)(3), or (g)(1) or (2), 4311(a), or 9107 of this title or exclud-
able under subchapter I of chapter 63 of this title, the officer shall provide
209
the alien with a timely written notice of the denial. The notice shall state
the decision and list the specific provisions of law on which the denial is
based.
§ 8302. Restriction on immigration of officers and employees
of foreign governments and international organi-
zations
An officer or employee of a government of a foreign country or an inter-
national organization, and an attendant, servant, employee, or member of
the immediate family of the officer or employee, may apply for and be is-
sued an immigrant visa and be admitted to the United States as an immi-
grant only after executing the same waiver as provided in section 9106(c)(2)
of this title.
§ 8303. Ineligibility of section 2312 nonimmigrants for cer-
tain benefits
(a) INELIGIBILITY.—An alien admitted to the United States as a non-
immigrant classified under section 2312 of this title, or provided status as
a nonimmigrant classified under section 2312 after admission, is ineligible
to apply for an immigrant visa, permanent residence, or a nonimmigrant
visa under sections 2313–2317 and 2325 of this title until it is established
that the alien has resided and been physically present in the foreign country
of the alien’s nationality or last residence for a total of at least 2 years after
leaving the United States, if—
(1) the alien’s participation in the program for which the alien came
to the United States was financed, directly or indirectly, in any part
by the United States Government or by the government of the foreign
country of the alien’s nationality or last residence;
(2) the alien, at the time the alien was admitted or provided status
as a nonimmigrant classified under section 2312 of this title, was a na-
tional or resident of a foreign country that the Director of the United
States Information Agency (under regulations the Director prescribed)
designated as clearly requiring the services of individuals engaged in
the alien’s field of specialized knowledge or skill; or
(3) the alien came to the United States or acquired status as a non-
immigrant classified under section 2312 of this title to receive graduate
medical education or training.
(b) WAIVERS.—Except as provided in subsection (c) of this section, the
Attorney General may waive the 2-year residence requirement of subsection
(a) of this section if the Attorney General finds that admitting the alien
would be in the public interest, after receiving a favorable recommendation
from—
(1) the Director—
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(A) because of a request from an interested agency or, in the
case of an alien described in subsection (a)(3) of this section, a
request from a State Department of Public Health or its equiva-
lent; or
(B) if the foreign country of the alien’s nationality or last resi-
dence provides the Director with a written statement that it does
not object to the waiver, except that this subclause does not apply
to an alien described in subsection (a)(3) of this section; or
(2) the Commissioner of Immigration and Naturalization if the Com-
missioner finds that—
(A) departure from the United States would impose exceptional
hardship on the alien’s spouse or child when the spouse or child
is a citizen of the United States or lawfully admitted for perma-
nent residence; or
(B) the alien would be subject to persecution on account of race,
religion, or political opinion if the alien returned to the foreign
country of the alien’s nationality or last residence.
(c) RESTRICTION ON WAIVER REQUESTED BY STATE.—(1) The Attorney
General may grant a waiver requested by a State Department of Public
Health, or its equivalent, under subsection (b) of this section for an alien
described in subsection (a)(3) of this section only if—
(A) in the case of an alien contractually obligated to return to a for-
eign country, the government of the country provides the Director with
a written statement that the country does not object to the waiver;
(B) the alien demonstrates an offer of full-time employment at a
health care facility and agrees—
(i) to begin employment at the facility not later than 90 days
after receiving the waiver; and
(ii) to continue to work as provided in paragraph (2) of this
subsection at that facility for at least 3 years, or a shorter period
of time, if the Attorney General decides that extenuating cir-
cumstances such as the closure of the facility or hardship to the
alien justifies the shorter period;
(C) the alien agrees to practice medicine as provided in paragraph
(2) of this subsection for at least 3 years only in geographic areas the
Secretary of Health and Human Services designates as having a short-
age of health care professionals; and
(D) the grant of the waiver would not cause the number of waivers
allotted for that State for that fiscal year to exceed 20.
(2)(A) Notwithstanding section 9109(b)(3) of this title, the Attorney Gen-
eral may change the status of an alien who qualifies under this subsection