117
(B) if the total number of visas issued under section 4103(c) of this
title is more than the maximum number of visas available consistent
with subsection (c) of this section to immigrants described in section
4103(c) who are natives of the country or area, all visas are deemed
to have been required for the preferences specified in section 4103(b)
and (c) of this title when applying section 4103(d) and (e) of this title
under subsection (c)(1)(B) of this section.
(c) ALLOCATION WHEN NUMBER
OF VISAS MADE AVAILABLE
TO
A
COUNTRY EXCEEDS NUMERICAL LIMITATION.—(1) If it appears that the
total number of immigrant visas made available under sections 4103 and
4104 of this title to natives of a foreign country or dependent area will be
more than the applicable numerical limitation established under subsection
(a)(1) of this section in a fiscal year, visa numbers for natives of that coun-
try or area shall be allocated under sections 4103 and 4104 (to the extent
practicable and otherwise consistent with this section and sections 4103 and
4104) so that—
(A) the ratio of the visa numbers made available under section 4103
of this title to the visa numbers made available under section 4104 of
this title equals the ratio of the worldwide numerical limitations of sec-
tion 4102(a)(1) of this title to the worldwide numerical limitation
under section 4102(b)(1) of this title;
(B) except as provided in paragraphs (3) and (4) of this subsection,
the proportion of the visa numbers allocated under each of subsections
(b), (c), (d), and (e) of section 4103 of this title equals the ratio of
the total number of visas available under each of those subsections to
the total number of visas available under section 4103; and
(C) the proportion of the visa numbers allocated under each of sub-
sections (b), (c), (d), (e), and (f) of section 4104 of this title equals
the ratio of the total number of visas available under each of those sub-
sections to the total number of visas available under section 4104.
(2) Paragraph (1) of this subsection does not limit the number of visas
that may be issued—
(A) to natives of a foreign country or dependent area under section
4103 of this title if there is insufficient demand for visas for those na-
tives under section 4104 of this title;
(B) to natives of a foreign country or dependent area under section
4104 of this title if there is insufficient demand for visas for those na-
tives under section 4103 of this title; or
(C) under subsection (b)(1)(A) of this section.
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§ 4111. Charging immigrants to foreign countries
An immigrant is chargeable to the foreign country in which the immi-
grant was born except in the following circumstances:
(1) When an alien child is accompanied by or following to join an
alien parent of the child, the child may be charged to the foreign coun-
try of either parent if—
(A) the parent has received or qualifies for an immigrant visa;
(B) necessary to prevent the separation of the child from the
parent; and
(C) immigration charged to the foreign country to which the
parent has been or would be chargeable has not reached the nu-
merical limitation established by section 4110(a)(1) of this title.
(2) When an alien is chargeable to a foreign country different from
that of the spouse of the alien, the alien may be charged to the foreign
country of the spouse the alien is accompanying or following to join
if—
(A) the spouse has received or qualifies for an immigrant visa;
(B) necessary to prevent the separation of the alien and spouse;
and
(C) immigration charged to the foreign country to which the
spouse has been or would be chargeable has not reached the nu-
merical limitation established by section 4110(a)(1) of this title.
(3) An alien born in the United States is deemed to have been born
in the foreign country of which the alien is a citizen or subject. If the
alien is not a citizen or subject of a foreign country, the alien is
deemed to have been born in the last foreign country in which the con-
sular officer decides that the alien resided.
(4) An alien born in a foreign country in which neither parent of
the alien was born and in which neither parent resided at the time of
the birth of the alien may be charged to the foreign country of either
parent.
(5) An alien born in a dependent area of a foreign country, except
an alien described in section 4102(d) of this title, is chargeable to that
country.
§ 4112. Burden of proof
An alien claiming to be an immigrant, a special immigrant, or an imme-
diate relative has the burden of proving that the alien is entitled to immi-
grant, special immigrant, or immediate relative status.
CHAPTER 43—PETITIONS AND DOCUMENTATION
SUBCHAPTER I—PETITIONS
Sec.
119
4301.
General.
4302.
Approving petitions for children.
4303.
Petitions for married aliens.
4304.
Revoking approved petitions.
SUBCHAPTER II—DOCUMENTATION
4311.
Documentation requirements.
4312.
Applications for immigrant visas and registration.
4313.
Issuing immigrant visas and other documentation.
4314.
Period of validity and revocation.
4315.
Unused immigrant visas.
4316.
Reentry permits.
4317.
Burden of proof.
4318.
Documentation waivers.
SUBCHAPTER I—PETITIONS
§ 4301. General
(a) PETITIONS TO THE ATTORNEY GENERAL.—The following individuals
may petition the Attorney General for the classification of aliens as follows:
(1) a citizen of the United States claiming an alien is entitled to im-
mediate relative status or to be classified under section 4103(b), (d),
or (e) of this title.
(2) an alien spouse described in section 117(2) of this title and desir-
ing to acquire, or to have a child of the alien spouse acquire, immediate
relative status.
(3) an alien eligible for immediate relative status (and a child of the
alien if the child is not classified under clause (4) of this subsection)
because the alien—
(A) is the spouse of a citizen of the United States;
(B) is an individual of good moral character;
(C) has resided in the United States with the spouse; and
(D) demonstrates to the Attorney General that—
(i) the alien is residing in the United States;
(ii) the marriage between the alien and the spouse was en-
tered into in good faith by the alien;
(iii) during the marriage the alien or a child of the alien
has been battered by, or has been the subject of extreme cru-
elty perpetrated by, the spouse; and
(iv) the alien’s deportation would result in extreme hard-
ship to the alien or child.
(4) a child eligible for immediate relative status because the child—
(A) is the child of a citizen of the United States;
(B) is an individual of good moral character;
(C) has resided in the United States with the citizen parent;
and
(D) demonstrates to the Attorney General that—
(i) the child is residing in the United States;
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(ii) during the period of residence with the citizen parent
the child has been battered by, or has been the subject of ex-
treme cruelty perpetrated by, that parent; and
(iii) the child’s deportation would result in extreme hard-
ship to the child.
(5) an alien lawfully admitted for permanent residence claiming clas-
sification for an alien entitled to be classified under section 4103(c) of
this title.
(6) an alien eligible to be classified under section 4103(c) of this title
(and a child of the alien if the child is not classified under clause (7)
of this subsection) because the alien—
(A) is the spouse of an alien lawfully admitted for permanent
residence;
(B) is an individual of good moral character;
(C) has resided in the United States with the spouse;
(D) demonstrates to the Attorney General that—
(i) the alien is residing in the United States;
(ii) the marriage between the alien and the spouse was en-
tered into in good faith by the alien;
(iii) during the marriage the alien or a child of the alien
has been battered by, or has been the subject of extreme cru-
elty perpetrated by, the spouse; and
(iv) the alien’s deportation would result in extreme hard-
ship to the alien or child.
(7) a child eligible to be classified under section 4103(c) of this title
because the child—
(A) is the child of an alien lawfully admitted for permanent resi-
dence;
(B) is an individual of good moral character;
(C) has resided in the United States with the permanent resi-
dent alien parent; and
(D) demonstrates to the Attorney General that—
(i) the child is residing in the United States;
(ii) during the period of residence with the permanent resi-
dent alien parent the child has been battered by, or has been
the subject of extreme cruelty perpetrated by, that parent;
and
(iii) the child’s deportation would result in extreme hard-
ship to the child.
(8) an alien desiring to be classified under section 4104(b)(1)(A) of
this title, or a person for the alien.