8 Usc 1101

Page 15

TITLE 8—ALIENS AND NATIONALITY

Sec.

Sec.

1434.
1435.
1436.

Repealed.
Former citizens regaining citizenship.
Nationals but not citizens; residence within
outlying possessions.
1437.
Resident Philippine citizens excepted from
certain requirements.
1438.
Former citizens losing citizenship by entering
armed forces of foreign countries during
World War II.
1439.
Naturalization through service in the armed
forces.
1440.
Naturalization through active-duty service in
the Armed Forces during World War I,
World War II, Korean hostilities, Vietnam
hostilities, or other periods of military hostilities.
1440–1.
Posthumous citizenship through death while
on active-duty service in armed forces during World War I, World War II, the Korean
hostilities, the Vietnam hostilities, or in
other periods of military hostilities.
1440a to 1440d. Omitted.
1440e.
Exemption from naturalization fees for aliens
naturalized through service during Vietnam
hostilities or other subsequent period of
military hostilities; report by clerks of
courts to Attorney General.
1440f.
Fingerprints and other biometric information
for members of the United States Armed
Forces.
1440g.
Provision of information on military naturalization.
1441.
Constructive residence through service on
certain United States vessels.
1442.
Alien enemies.
1443.
Administration.
1443a.
Naturalization proceedings overseas for members of the Armed Forces and their spouses
and children.
1444.
Photographs; number.
1445.
Application for naturalization; declaration of
intention.
1446.
Investigation of applicants; examination of
applications.
1447.
Hearings on denials of applications for naturalization.
1448.
Oath of renunciation and allegiance.
1448a.
Address to newly naturalized citizens.
1449.
Certificate of naturalization; contents.
1450.
Functions and duties of clerks and records of
declarations of intention and applications
for naturalization.
1451.
Revocation of naturalization.
1452.
Certificates of citizenship or U.S. non-citizen
national status; procedure.
1453.
Cancellation of certificates issued by Attorney General, the Commissioner or a Deputy
Commissioner; action not to affect citizenship status.
1454.
Documents and copies issued by Attorney
General.
1455.
Fiscal provisions.
1456.
Repealed.
1457.
Publication and distribution of citizenship
textbooks; use of naturalization fees.
1458.
Compilation of naturalization statistics and
payment for equipment.
1459.
Repealed.
PART III—LOSS OF NATIONALITY
1481.

§ 1101

Loss of nationality by native-born or naturalized citizen; voluntary action; burden of
proof; presumptions.
1482.
Repealed.
1483.
Restrictions on loss of nationality.
1484 to 1487. Repealed.
1488.
Nationality lost solely from performance of
acts or fulfillment of conditions.
1489.
Application of treaties; exceptions.

PART IV—MISCELLANEOUS
1501.

Certificate of diplomatic or consular officer
of United States as to loss of American nationality.
1502.
Certificate of nationality issued by Secretary
of State for person not a naturalized citizen
of United States for use in proceedings of a
foreign state.
1503.
Denial of rights and privileges as national.
1504.
Cancellation of United States passports and
Consular Reports of Birth.
SUBCHAPTER IV—REFUGEE ASSISTANCE
1521.

Office of Refugee Resettlement; establishment; appointment of Director; functions.
1522.
Authorization for programs for domestic resettlement of and assistance to refugees.
1523.
Congressional reports.
1524.
Authorization of appropriations.
1525.
Repealed.
SUBCHAPTER V—ALIEN TERRORIST REMOVAL
PROCEDURES
1531.
1532.
1533.
1534.
1535.
1536.
1537.

Definitions.
Establishment of removal court.
Removal court procedure.
Removal hearing.
Appeals.
Custody and release pending removal hearing.
Custody and release after removal hearing.

SUBCHAPTER I—GENERAL PROVISIONS
§ 1101. Definitions
(a) As used in this chapter—
(1) The term ‘‘administrator’’ means the official designated by the Secretary of State pursuant to section 1104(b) of this title.
(2) The term ‘‘advocates’’ includes, but is not
limited to, advises, recommends, furthers by
overt act, and admits belief in.
(3) The term ‘‘alien’’ means any person not a
citizen or national of the United States.
(4) The term ‘‘application for admission’’ has
reference to the application for admission into
the United States and not to the application for
the issuance of an immigrant or nonimmigrant
visa.
(5) The term ‘‘Attorney General’’ means the
Attorney General of the United States.
(6) The term ‘‘border crossing identification
card’’ means a document of identity bearing
that designation issued to an alien who is lawfully admitted for permanent residence, or to an
alien who is a resident in foreign contiguous territory, by a consular officer or an immigration
officer for the purpose of crossing over the borders between the United States and foreign contiguous territory in accordance with such conditions for its issuance and use as may be prescribed by regulations. Such regulations shall
provide that (A) each such document include a
biometric identifier (such as the fingerprint or
handprint of the alien) that is machine readable
and (B) an alien presenting a border crossing
identification card is not permitted to cross
over the border into the United States unless
the biometric identifier contained on the card
matches the appropriate biometric characteristic of the alien.
(7) The term ‘‘clerk of court’’ means a clerk of
a naturalization court.
(8) The terms ‘‘Commissioner’’ and ‘‘Deputy
Commissioner’’ mean the Commissioner of Im-

§ 1101

TITLE 8—ALIENS AND NATIONALITY

migration and Naturalization and a Deputy
Commissioner of Immigration and Naturalization, respectively.
(9) The term ‘‘consular officer’’ means any
consular, diplomatic, or other officer or employee of the United States designated under
regulations prescribed under authority contained in this chapter, for the purpose of issuing
immigrant or nonimmigrant visas or, when used
in subchapter III, for the purpose of adjudicating
nationality.
(10) The term ‘‘crewman’’ means a person serving in any capacity on board a vessel or aircraft.
(11) The term ‘‘diplomatic visa’’ means a nonimmigrant visa bearing that title and issued to
a nonimmigrant in accordance with such regulations as the Secretary of State may prescribe.
(12) The term ‘‘doctrine’’ includes, but is not
limited to, policies, practices, purposes, aims, or
procedures.
(13)(A) The terms ‘‘admission’’ and ‘‘admitted’’
mean, with respect to an alien, the lawful entry
of the alien into the United States after inspection and authorization by an immigration officer.
(B) An alien who is paroled under section
1182(d)(5) of this title or permitted to land temporarily as an alien crewman shall not be considered to have been admitted.
(C) An alien lawfully admitted for permanent
residence in the United States shall not be regarded as seeking an admission into the United
States for purposes of the immigration laws unless the alien—
(i) has abandoned or relinquished that
status,
(ii) has been absent from the United States
for a continuous period in excess of 180 days,
(iii) has engaged in illegal activity after having departed the United States,
(iv) has departed from the United States
while under legal process seeking removal of
the alien from the United States, including removal proceedings under this chapter and extradition proceedings,
(v) has committed an offense identified in
section 1182(a)(2) of this title, unless since
such offense the alien has been granted relief
under section 1182(h) or 1229b(a) of this title,
or
(vi) is attempting to enter at a time or place
other than as designated by immigration officers or has not been admitted to the United
States after inspection and authorization by
an immigration officer.
(14) The term ‘‘foreign state’’ includes outlying possessions of a foreign state, but self-governing dominions or territories under mandate
or trusteeship shall be regarded as separate foreign states.
(15) The term ‘‘immigrant’’ means every alien
except an alien who is within one of the following classes of nonimmigrant aliens—
(A)(i) an ambassador, public minister, or career diplomatic or consular officer who has
been accredited by a foreign government, recognized de jure by the United States and who
is accepted by the President or by the Secretary of State, and the members of the alien’s
immediate family;
(ii) upon a basis of reciprocity, other officials and employees who have been accredited

Page 16

by a foreign government recognized de jure by
the United States, who are accepted by the
Secretary of State, and the members of their
immediate families; and
(iii) upon a basis of reciprocity, attendants,
servants, personal employees, and members of
their immediate families, of the officials and
employees who have a nonimmigrant status
under (i) and (ii) above;
(B) an alien (other than one coming for the
purpose of study or of performing skilled or
unskilled labor or as a representative of foreign press, radio, film, or other foreign information media coming to engage in such vocation) having a residence in a foreign country
which he has no intention of abandoning and
who is visiting the United States temporarily
for business or temporarily for pleasure;
(C) an alien in immediate and continuous
transit through the United States, or an alien
who qualifies as a person entitled to pass in
transit to and from the United Nations Headquarters District and foreign countries, under
the provisions of paragraphs (3), (4), and (5) of
section 11 of the Headquarters Agreement with
the United Nations (61 Stat. 758);
(D)(i) an alien crewman serving in good faith
as such in a capacity required for normal operation and service on board a vessel, as defined
in section 1288(a) of this title (other than a
fishing vessel having its home port or an operating base in the United States), or aircraft,
who intends to land temporarily and solely in
pursuit of his calling as a crewman and to depart from the United States with the vessel or
aircraft on which he arrived or some other
vessel or aircraft;
(ii) an alien crewman serving in good faith
as such in any capacity required for normal
operations and service aboard a fishing vessel
having its home port or an operating base in
the United States who intends to land temporarily in Guam or the Commonwealth of the
Northern Mariana Islands and solely in pursuit of his calling as a crewman and to depart
from Guam or the Commonwealth of the
Northern Mariana Islands with the vessel on
which he arrived;
(E) an alien entitled to enter the United
States under and in pursuance of the provisions of a treaty of commerce and navigation
between the United States and the foreign
state of which he is a national, and the spouse
and children of any such alien if accompanying or following to join him; (i) solely to carry
on substantial trade, including trade in services or trade in technology, principally between the United States and the foreign state
of which he is a national; (ii) solely to develop
and direct the operations of an enterprise in
which he has invested, or of an enterprise in
which he is actively in the process of investing, a substantial amount of capital; or (iii)
solely to perform services in a specialty occupation in the United States if the alien is a national of the Commonwealth of Australia and
with respect to whom the Secretary of Labor
determines and certifies to the Secretary of
Homeland Security and the Secretary of State
that the intending employer has filed with the
Secretary of Labor an attestation under section 1182(t)(1) of this title;

Page 17

TITLE 8—ALIENS AND NATIONALITY

(F)(i) an alien having a residence in a foreign
country which he has no intention of abandoning, who is a bona fide student qualified to
pursue a full course of study and who seeks to
enter the United States temporarily and solely for the purpose of pursuing such a course of
study consistent with section 1184(l) 1 of this
title at an established college, university,
seminary, conservatory, academic high school,
elementary school, or other academic institution or in an accredited language training program in the United States, particularly designated by him and approved by the Attorney
General after consultation with the Secretary
of Education, which institution or place of
study shall have agreed to report to the Attorney General the termination of attendance of
each nonimmigrant student, and if any such
institution of learning or place of study fails
to make reports promptly the approval shall
be withdrawn, (ii) the alien spouse and minor
children of any alien described in clause (i) if
accompanying or following to join such an
alien, and (iii) an alien who is a national of
Canada or Mexico, who maintains actual residence and place of abode in the country of nationality, who is described in clause (i) except
that the alien’s qualifications for and actual
course of study may be full or part-time, and
who commutes to the United States institution or place of study from Canada or Mexico;
(G)(i) a designated principal resident representative of a foreign government recognized de jure by the United States, which foreign government is a member of an international organization entitled to enjoy privileges, exemptions, and immunities as an international organization under the International
Organizations Immunities Act (59 Stat. 669) [22
U.S.C. 288 et seq.], accredited resident members of the staff of such representatives, and
members of his or their immediate family;
(ii) other accredited representatives of such
a foreign government to such international organizations, and the members of their immediate families;
(iii) an alien able to qualify under (i) or (ii)
above except for the fact that the government
of which such alien is an accredited representative is not recognized de jure by the United
States, or that the government of which he is
an accredited representative is not a member
of such international organization; and the
members of his immediate family;
(iv) officers, or employees of such international organizations, and the members of
their immediate families;
(v) attendants, servants, and personal employees of any such representative, officer, or
employee, and the members of the immediate
families of such attendants, servants, and personal employees;
(H) an alien (i) [(a) Repealed. Pub. L. 106–95,
§ 2(c), Nov. 12, 1999, 113 Stat. 1316] (b) subject to
section 1182(j)(2) of this title, who is coming
temporarily to the United States to perform
services (other than services described in subclause (a) during the period in which such subclause applies and other than services de1 See

References in Text note below.

§ 1101

scribed in subclause (ii)(a) or in subparagraph
(O) or (P)) in a specialty occupation described
in section 1184(i)(1) of this title or as a fashion
model, who meets the requirements for the occupation specified in section 1184(i)(2) of this
title or, in the case of a fashion model, is of
distinguished merit and ability, and with respect to whom the Secretary of Labor determines and certifies to the Attorney General
that the intending employer has filed with the
Secretary an application under section
1182(n)(1) of this title, or (b1) who is entitled to
enter the United States under and in pursuance of the provisions of an agreement listed
in section 1184(g)(8)(A) of this title, who is engaged in a specialty occupation described in
section 1184(i)(3) of this title, and with respect
to whom the Secretary of Labor determines
and certifies to the Secretary of Homeland Security and the Secretary of State that the intending employer has filed with the Secretary
of Labor an attestation under section 1182(t)(1)
of this title, or (c) who is coming temporarily
to the United States to perform services as a
registered nurse, who meets the qualifications
described in section 1182(m)(1) of this title, and
with respect to whom the Secretary of Labor
determines and certifies to the Attorney General that an unexpired attestation is on file
and in effect under section 1182(m)(2) of this
title for the facility (as defined in section
1182(m)(6) of this title) for which the alien will
perform the services; or (ii)(a) having a residence in a foreign country which he has no intention of abandoning who is coming temporarily to the United States to perform agricultural labor or services, as defined by the Secretary of Labor in regulations and including
agricultural labor defined in section 3121(g) of
title 26, agriculture as defined in section 203(f)
of title 29, and the pressing of apples for cider
on a farm, of a temporary or seasonal nature,
or (b) having a residence in a foreign country
which he has no intention of abandoning who
is coming temporarily to the United States to
perform other temporary service or labor if
unemployed persons capable of performing
such service or labor cannot be found in this
country, but this clause shall not apply to
graduates of medical schools coming to the
United States to perform services as members
of the medical profession; or (iii) having a residence in a foreign country which he has no intention of abandoning who is coming temporarily to the United States as a trainee, other
than to receive graduate medical education or
training, in a training program that is not designed primarily to provide productive employment; and the alien spouse and minor
children of any such alien specified in this
paragraph if accompanying him or following
to join him;
(I) upon a basis of reciprocity, an alien who
is a bona fide representative of foreign press,
radio, film, or other foreign information
media, who seeks to enter the United States
solely to engage in such vocation, and the
spouse and children of such a representative, if
accompanying or following to join him;
(J) an alien having a residence in a foreign
country which he has no intention of abandon-

§ 1101

TITLE 8—ALIENS AND NATIONALITY

ing who is a bona fide student, scholar, trainee, teacher, professor, research assistant, specialist, or leader in a field of specialized
knowledge or skill, or other person of similar
description, who is coming temporarily to the
United States as a participant in a program
designated by the Director of the United
States Information Agency, for the purpose of
teaching, instructing or lecturing, studying,
observing, conducting research, consulting,
demonstrating special skills, or receiving
training and who, if he is coming to the United
States to participate in a program under
which he will receive graduate medical education or training, also meets the requirements of section 1182(j) of this title, and the
alien spouse and minor children of any such
alien if accompanying him or following to join
him;
(K) subject to subsections (d) and (p) 2 of section 1184 of this title, an alien who—
(i) is the fiance´e or fiance´ of a citizen of
the United States (other than a citizen described in section 1154(a)(1)(A)(viii)(I) of this
title) and who seeks to enter the United
States solely to conclude a valid marriage
with the petitioner within ninety days after
admission;
(ii) has concluded a valid marriage with a
citizen of the United States (other than a
citizen
described
in
section
1154(a)(1)(A)(viii)(I) of this title) who is the
petitioner, is the beneficiary of a petition to
accord a status under section 1151(b)(2)(A)(i)
of this title that was filed under section 1154
of this title by the petitioner, and seeks to
enter the United States to await the approval of such petition and the availability
to the alien of an immigrant visa; or
(iii) is the minor child of an alien described in clause (i) or (ii) and is accompanying, or following to join, the alien;
(L) subject to section 1184(c)(2) of this title,
an alien who, within 3 years preceding the
time of his application for admission into the
United States, has been employed continuously for one year by a firm or corporation or
other legal entity or an affiliate or subsidiary
thereof and who seeks to enter the United
States temporarily in order to continue to
render his services to the same employer or a
subsidiary or affiliate thereof in a capacity
that is managerial, executive, or involves specialized knowledge, and the alien spouse and
minor children of any such alien if accompanying him or following to join him;
(M)(i) an alien having a residence in a foreign country which he has no intention of
abandoning who seeks to enter the United
States temporarily and solely for the purpose
of pursuing a full course of study at an established vocational or other recognized nonacademic institution (other than in a language
training program) in the United States particularly designated by him and approved by
the Attorney General, after consultation with
the Secretary of Education, which institution
shall have agreed to report to the Attorney
2 See

References in Text note below.

Page 18

General the termination of attendance of each
nonimmigrant nonacademic student and if any
such institution fails to make reports promptly the approval shall be withdrawn, (ii) the
alien spouse and minor children of any alien
described in clause (i) if accompanying or following to join such an alien, and (iii) an alien
who is a national of Canada or Mexico, who
maintains actual residence and place of abode
in the country of nationality, who is described
in clause (i) except that the alien’s course of
study may be full or part-time, and who commutes to the United States institution or
place of study from Canada or Mexico;
(N)(i) the parent of an alien accorded the
status of special immigrant under paragraph
(27)(I)(i) (or under analogous authority under
paragraph (27)(L)), but only if and while the
alien is a child, or
(ii) a child of such parent or of an alien accorded the status of a special immigrant under
clause (ii), (iii), or (iv) of paragraph (27)(I) (or
under analogous authority under paragraph
(27)(L));
(O) an alien who—
(i) has extraordinary ability in the sciences, arts, education, business, or athletics
which has been demonstrated by sustained
national or international acclaim or, with
regard to motion picture and television productions a demonstrated record of extraordinary achievement, and whose achievements have been recognized in the field
through extensive documentation, and seeks
to enter the United States to continue work
in the area of extraordinary ability; or
(ii)(I) seeks to enter the United States
temporarily and solely for the purpose of accompanying and assisting in the artistic or
athletic performance by an alien who is admitted under clause (i) for a specific event or
events,
(II) is an integral part of such actual performance,
(III)(a) has critical skills and experience
with such alien which are not of a general
nature and which cannot be performed by
other individuals, or (b) in the case of a motion picture or television production, has
skills and experience with such alien which
are not of a general nature and which are
critical either based on a pre-existing longstanding working relationship or, with respect to the specific production, because significant production (including pre- and postproduction work) will take place both inside
and outside the United States and the continuing participation of the alien is essential
to the successful completion of the production, and
(IV) has a foreign residence which the
alien has no intention of abandoning; or
(iii) is the alien spouse or child of an alien
described in clause (i) or (ii) and is accompanying, or following to join, the alien;
(P) an alien having a foreign residence which
the alien has no intention of abandoning
who—
(i)(a) is described in section 1184(c)(4)(A) of
this title (relating to athletes), or (b) is described in section 1184(c)(4)(B) of this title
(relating to entertainment groups);

Page 19

TITLE 8—ALIENS AND NATIONALITY

(ii)(I) performs as an artist or entertainer,
individually or as part of a group, or is an
integral part of the performance of such a
group, and
(II) seeks to enter the United States temporarily and solely for the purpose of performing as such an artist or entertainer or
with such a group under a reciprocal exchange program which is between an organization or organizations in the United States
and an organization or organizations in one
or more foreign states and which provides
for the temporary exchange of artists and
entertainers, or groups of artists and entertainers;
(iii)(I) performs as an artist or entertainer,
individually or as part of a group, or is an
integral part of the performance of such a
group, and
(II) seeks to enter the United States temporarily and solely to perform, teach, or
coach as such an artist or entertainer or
with such a group under a commercial or
noncommercial program that is culturally
unique; or
(iv) is the spouse or child of an alien described in clause (i), (ii), or (iii) and is accompanying, or following to join, the alien;
(Q) an alien having a residence in a foreign
country which he has no intention of abandoning who is coming temporarily (for a period
not to exceed 15 months) to the United States
as a participant in an international cultural
exchange program approved by the Secretary
of Homeland Security for the purpose of providing practical training, employment, and
the sharing of the history, culture, and traditions of the country of the alien’s nationality
and who will be employed under the same
wages and working conditions as domestic
workers;
(R) an alien, and the spouse and children of
the alien if accompanying or following to join
the alien, who—
(i) for the 2 years immediately preceding
the time of application for admission, has
been a member of a religious denomination
having a bona fide nonprofit, religious organization in the United States; and
(ii) seeks to enter the United States for a
period not to exceed 5 years to perform the
work described in subclause (I), (II), or (III)
of paragraph (27)(C)(ii);
(S) subject to section 1184(k) of this title, an
alien—
(i) who the Attorney General determines—
(I) is in possession of critical reliable information concerning a criminal organization or enterprise;
(II) is willing to supply or has supplied
such information to Federal or State law
enforcement authorities or a Federal or
State court; and
(III) whose presence in the United States
the Attorney General determines is essential to the success of an authorized criminal investigation or the successful prosecution of an individual involved in the
criminal organization or enterprise; or
(ii) who the Secretary of State and the Attorney General jointly determine—

§ 1101

(I) is in possession of critical reliable information concerning a terrorist organization, enterprise, or operation;
(II) is willing to supply or has supplied
such information to Federal law enforcement authorities or a Federal court;
(III) will be or has been placed in danger
as a result of providing such information;
and
(IV) is eligible to receive a reward under
section 2708(a) of title 22,
and, if the Attorney General (or with respect
to clause (ii), the Secretary of State and the
Attorney General jointly) considers it to be
appropriate, the spouse, married and unmarried sons and daughters, and parents of an
alien described in clause (i) or (ii) if accompanying, or following to join, the alien;
(T)(i) subject to section 1184(o) of this title,
an alien who the Secretary of Homeland Security, or in the case of subclause (III)(aa) the
Secretary of Homeland Security, in consultation with the Attorney General, determines—
(I) is or has been a victim of a severe form
of trafficking in persons, as defined in section 7102 of title 22;
(II) is physically present in the United
States, American Samoa, or the Commonwealth of the Northern Mariana Islands, or
at a port of entry thereto, on account of
such trafficking, including physical presence
on account of the alien having been allowed
entry into the United States for participation in investigative or judicial processes associated with an act or a perpetrator of trafficking;
(III)(aa) has complied with any reasonable
request for assistance in the Federal, State,
or local investigation or prosecution of acts
of trafficking or the investigation of crime
where acts of trafficking are at least one
central reason for the commission of that
crime;
(bb) in consultation with the Attorney
General, as appropriate, is unable to cooperate with a request described in item (aa) due
to physical or psychological trauma; or
(cc) has not attained 18 years of age; and
(IV) the alien 3 would suffer extreme hardship involving unusual and severe harm upon
removal; and
(ii) if accompanying, or following to join,
the alien described in clause (i)—
(I) in the case of an alien described in
clause (i) who is under 21 years of age, the
spouse, children, unmarried siblings under 18
years of age on the date on which such alien
applied for status under such clause, and
parents of such alien;
(II) in the case of an alien described in
clause (i) who is 21 years of age or older, the
spouse and children of such alien; or
(III) any parent or unmarried sibling under
18 years of age of an alien described in subclause (I) or (II) who the Secretary of Homeland Security, in consultation with the law
enforcement officer investigating a severe
3 So in original. The words ‘‘the alien’’ probably should not appear.

§ 1101

TITLE 8—ALIENS AND NATIONALITY

form of trafficking, determines faces a
present danger of retaliation as a result of
the alien’s escape from the severe form of
trafficking or cooperation with law enforcement.
(U)(i) subject to section 1184(p) of this title,
an alien who files a petition for status under
this subparagraph, if the Secretary of Homeland Security determines that—
(I) the alien has suffered substantial physical or mental abuse as a result of having
been a victim of criminal activity described
in clause (iii);
(II) the alien (or in the case of an alien
child under the age of 16, the parent, guardian, or next friend of the alien) possesses information concerning criminal activity described in clause (iii);
(III) the alien (or in the case of an alien
child under the age of 16, the parent, guardian, or next friend of the alien) has been
helpful, is being helpful, or is likely to be
helpful to a Federal, State, or local law enforcement official, to a Federal, State, or
local prosecutor, to a Federal or State judge,
to the Service, or to other Federal, State, or
local authorities investigating or prosecuting criminal activity described in clause
(iii); and
(IV) the criminal activity described in
clause (iii) violated the laws of the United
States or occurred in the United States (including in Indian country and military installations) or the territories and possessions of the United States;
(ii) if accompanying, or following to join,
the alien described in clause (i)—
(I) in the case of an alien described in
clause (i) who is under 21 years of age, the
spouse, children, unmarried siblings under 18
years of age on the date on which such alien
applied for status under such clause, and
parents of such alien; or
(II) in the case of an alien described in
clause (i) who is 21 years of age or older, the
spouse and children of such alien; and
(iii) the criminal activity referred to in this
clause is that involving one or more of the following or any similar activity in violation of
Federal, State, or local criminal law: rape;
torture; trafficking; incest; domestic violence;
sexual assault; abusive sexual contact; prostitution; sexual exploitation; female genital
mutilation; being held hostage; peonage; involuntary servitude; slave trade; kidnapping;
abduction; unlawful criminal restraint; false
imprisonment; blackmail; extortion; manslaughter; murder; felonious assault; witness
tampering; obstruction of justice; perjury; or
attempt, conspiracy, or solicitation to commit
any of the above mentioned crimes; or
(V) subject to section 1184(q) of this title, an
alien who is the beneficiary (including a child
of the principal alien, if eligible to receive a
visa under section 1153(d) of this title) of a petition to accord a status under section
1153(a)(2)(A) of this title that was filed with
the Attorney General under section 1154 of
this title on or before December 21, 2000, if—
(i) such petition has been pending for 3
years or more; or

Page 20

(ii) such petition has been approved, 3
years or more have elapsed since such filing
date, and—
(I) an immigrant visa is not immediately
available to the alien because of a waiting
list of applicants for visas under section
1153(a)(2)(A) of this title; or
(II) the alien’s application for an immigrant visa, or the alien’s application for
adjustment of status under section 1255 of
this title, pursuant to the approval of such
petition, remains pending.
(16) The term ‘‘immigrant visa’’ means an immigrant visa required by this chapter and properly issued by a consular officer at his office
outside of the United States to an eligible immigrant under the provisions of this chapter.
(17) The term ‘‘immigration laws’’ includes
this chapter and all laws, conventions, and treaties of the United States relating to the immigration, exclusion, deportation, expulsion, or removal of aliens.
(18) The term ‘‘immigration officer’’ means
any employee or class of employees of the Service or of the United States designated by the Attorney General, individually or by regulation, to
perform the functions of an immigration officer
specified by this chapter or any section of this
title.
(19) The term ‘‘ineligible to citizenship,’’ when
used in reference to any individual, means, notwithstanding the provisions of any treaty relating to military service, an individual who is, or
was at any time permanently debarred from becoming a citizen of the United States under section 3(a) of the Selective Training and Service
Act of 1940, as amended (54 Stat. 885; 55 Stat.
844), or under section 4(a) of the Selective Service Act of 1948, as amended (62 Stat. 605; 65 Stat.
76) [50 U.S.C. App. 454(a)], or under any section
of this chapter, or any other Act, or under any
law amendatory of, supplementary to, or in substitution for, any of such sections or Acts.
(20) The term ‘‘lawfully admitted for permanent residence’’ means the status of having been
lawfully accorded the privilege of residing permanently in the United States as an immigrant
in accordance with the immigration laws, such
status not having changed.
(21) The term ‘‘national’’ means a person
owing permanent allegiance to a state.
(22) The term ‘‘national of the United States’’
means (A) a citizen of the United States, or (B)
a person who, though not a citizen of the United
States, owes permanent allegiance to the United
States.
(23) The term ‘‘naturalization’’ means the conferring of nationality of a state upon a person
after birth, by any means whatsoever.
(24) Repealed. Pub. L. 102–232, title III,
§ 305(m)(1), Dec. 12, 1991, 105 Stat. 1750.
(25) The term ‘‘noncombatant service’’ shall
not include service in which the individual is
not subject to military discipline, court martial,
or does not wear the uniform of any branch of
the armed forces.
(26) The term ‘‘nonimmigrant visa’’ means a
visa properly issued to an alien as an eligible
nonimmigrant by a competent officer as provided in this chapter.
(27) The term ‘‘special immigrant’’ means—

Page 21

TITLE 8—ALIENS AND NATIONALITY

(A) an immigrant, lawfully admitted for permanent residence, who is returning from a
temporary visit abroad;
(B) an immigrant who was a citizen of the
United States and may, under section 1435(a)
or 1438 of this title, apply for reacquisition of
citizenship;
(C) an immigrant, and the immigrant’s
spouse and children if accompanying or following to join the immigrant, who—
(i) for at least 2 years immediately preceding the time of application for admission,
has been a member of a religious denomination having a bona fide nonprofit, religious
organization in the United States;
(ii) seeks to enter the United States—
(I) solely for the purpose of carrying on
the vocation of a minister of that religious
denomination,
(II) before September 30, 2012, in order to
work for the organization at the request of
the organization in a professional capacity
in a religious vocation or occupation, or
(III) before September 30, 2012, in order
to work for the organization (or for a bona
fide organization which is affiliated with
the religious denomination and is exempt
from taxation as an organization described
in section 501(c)(3) of title 26) at the request of the organization in a religious vocation or occupation; and
(iii) has been carrying on such vocation,
professional work, or other work continuously for at least the 2-year period described
in clause (i);
(D) an immigrant who is an employee, or an
honorably retired former employee, of the
United States Government abroad, or of the
American Institute in Taiwan, and who has
performed faithful service for a total of fifteen
years, or more, and his accompanying spouse
and children: Provided, That the principal officer of a Foreign Service establishment (or, in
the case of the American Institute in Taiwan,
the Director thereof), in his discretion, shall
have recommended the granting of special immigrant status to such alien in exceptional
circumstances and the Secretary of State approves such recommendation and finds that it
is in the national interest to grant such
status;
(E) an immigrant, and his accompanying
spouse and children, who is or has been an employee of the Panama Canal Company or Canal
Zone Government before the date on which the
Panama Canal Treaty of 1977 (as described in
section 3602(a)(1) of title 22) enters into force
[October 1, 1979], who was resident in the
Canal Zone on the effective date of the exchange of instruments of ratification of such
Treaty [April 1, 1979], and who has performed
faithful service as such an employee for one
year or more;
(F) an immigrant, and his accompanying
spouse and children, who is a Panamanian national and (i) who, before the date on which
such Panama Canal Treaty of 1977 enters into
force [October 1, 1979], has been honorably retired from United States Government employment in the Canal Zone with a total of 15

§ 1101

years or more of faithful service, or (ii) who,
on the date on which such Treaty enters into
force, has been employed by the United States
Government in the Canal Zone with a total of
15 years or more of faithful service and who
subsequently is honorably retired from such
employment or continues to be employed by
the United States Government in an area of
the former Canal Zone;
(G) an immigrant, and his accompanying
spouse and children, who was an employee of
the Panama Canal Company or Canal Zone
Government on the effective date of the exchange of instruments of ratification of such
Panama Canal Treaty of 1977 [April 1, 1979],
who has performed faithful service for five
years or more as such an employee, and whose
personal safety, or the personal safety of
whose spouse or children, as a direct result of
such Treaty, is reasonably placed in danger
because of the special nature of any of that
employment;
(H) an immigrant, and his accompanying
spouse and children, who—
(i) has graduated from a medical school or
has qualified to practice medicine in a foreign state,
(ii) was fully and permanently licensed to
practice medicine 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 subsection (a)(15)(H) or
(a)(15)(J) of this section 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 such entry;
(I)(i) an immigrant who is the unmarried son
or daughter of an officer or employee, or of a
former officer or employee, of an international
organization described in paragraph (15)(G)(i),
and who (I) while maintaining the status of a
nonimmigrant under paragraph (15)(G)(iv) or
paragraph (15)(N), has resided and been physically present in the United States for periods
totaling at least one-half of the seven years
before the date of application for a visa or for
adjustment of status to a status under this
subparagraph and for a period or periods aggregating at least seven years between the
ages of five and 21 years, and (II) applies for a
visa or adjustment of status under this subparagraph no later than his twenty-fifth birthday or six months after October 24, 1988,
whichever is later;
(ii) an immigrant who is the surviving
spouse of a deceased officer or employee of
such an international organization, and who
(I) while maintaining the status of a nonimmigrant under paragraph (15)(G)(iv) or paragraph (15)(N), has resided and been physically
present in the United States for periods totaling at least one-half of the seven years before
the date of application for a visa or for adjustment of status to a status under this subparagraph and for a period or periods aggregating
at least 15 years before the date of the death
of such officer or employee, and (II) files a petition for status under this subparagraph no
later than six months after the date of such

§ 1101

TITLE 8—ALIENS AND NATIONALITY

death or six months after October 24, 1988,
whichever is later;
(iii) an immigrant who is a retired officer or
employee of such an international organization, and who (I) while maintaining the status
of a nonimmigrant under paragraph (15)(G)(iv),
has resided and been physically present in the
United States for periods totaling at least onehalf of the seven years before the date of application for a visa or for adjustment of status to
a status under this subparagraph and for a period or periods aggregating at least 15 years
before the date of the officer or employee’s retirement from any such international organization, and (II) files a petition for status under
this subparagraph no later than six months
after the date of such retirement or six
months after October 25, 1994, whichever is
later; or
(iv) an immigrant who is the spouse of a retired officer or employee accorded the status
of special immigrant under clause (iii), accompanying or following to join such retired officer or employee as a member of his immediate
family;
(J) an immigrant who is present in the
United States—
(i) who has been declared dependent on a
juvenile court located in the United States
or whom such a court has legally committed
to, or placed under the custody of, an agency
or department of a State, or an individual or
entity appointed by a State or juvenile court
located in the United States, and whose reunification with 1 or both of the immigrant’s
parents is not viable due to abuse, neglect,
abandonment, or a similar basis found under
State law;
(ii) for whom it has been determined in administrative or judicial proceedings that it
would not be in the alien’s best interest to
be returned to the alien’s or parent’s previous country of nationality or country of
last habitual residence; and
(iii) in whose case the Secretary of Homeland Security consents to the grant of special immigrant juvenile status, except
that—
(I) no juvenile court has jurisdiction to
determine the custody status or placement
of an alien in the custody of the Secretary
of Health and Human Services unless the
Secretary of Health and Human Services
specifically consents to such jurisdiction;
and
(II) no natural parent or prior adoptive
parent of any alien provided special immigrant status under this subparagraph shall
thereafter, by virtue of such parentage, be
accorded any right, privilege, or status
under this chapter;
(K) an immigrant who has served honorably
on active duty in the Armed Forces of the
United States after October 15, 1978, and after
original lawful enlistment outside the United
States (under a treaty or agreement in effect
on October 1, 1991) for a period or periods aggregating—
(i) 12 years and who, if separated from such
service, was never separated except under
honorable conditions, or

Page 22

(ii) 6 years, in the case of an immigrant
who is on active duty at the time of seeking
special immigrant status under this subparagraph and who has reenlisted to incur a
total active duty service obligation of at
least 12 years,
and the spouse or child of any such immigrant
if accompanying or following to join the immigrant, but only if the executive department
under which the immigrant serves or served
recommends the granting of special immigrant status to the immigrant;
(L) an immigrant who would be described in
clause (i), (ii), (iii), or (iv) of subparagraph (I)
if any reference in such a clause—
(i) to an international organization described in paragraph (15)(G)(i) were treated
as a reference to the North Atlantic Treaty
Organization (NATO);
(ii) to a nonimmigrant under paragraph
(15)(G)(iv) were treated as a reference to a
nonimmigrant classifiable under NATO–6 (as
a member of a civilian component accompanying a force entering in accordance with
the provisions of the NATO Status-of-Forces
Agreement, a member of a civilian component attached to or employed by an Allied
Headquarters under the ‘‘Protocol on the
Status of International Military Headquarters’’ set up pursuant to the North Atlantic Treaty, or as a dependent); and
(iii) to the Immigration Technical Corrections Act of 1988 or to the Immigration and
Nationality Technical Corrections Act of
1994 were a reference to the American Competitiveness and Workforce Improvement
Act of 1998 4
(M) subject to the numerical limitations of
section 1153(b)(4) of this title, an immigrant
who seeks to enter the United States to work
as a broadcaster in the United States for the
International Broadcasting Bureau of the
Broadcasting Board of Governors, or for a
grantee of the Broadcasting Board of Governors, and the immigrant’s accompanying
spouse and children.
(28) The term ‘‘organization’’ means, but is not
limited to, an organization, corporation, company, partnership, association, trust, foundation
or fund; and includes a group of persons, whether or not incorporated, permanently or temporarily associated together with joint action on
any subject or subjects.
(29) The term ‘‘outlying possessions of the
United States’’ means American Samoa and
Swains Island.
(30) The term ‘‘passport’’ means any travel
document issued by competent authority showing the bearer’s origin, identity, and nationality
if any, which is valid for the admission of the
bearer into a foreign country.
(31) The term ‘‘permanent’’ means a relationship of continuing or lasting nature, as distinguished from temporary, but a relationship may
be permanent even though it is one that may be
dissolved eventually at the instance either of
the United States or of the individual, in accordance with law.
4 So

in original. Probably should be followed by ‘‘; or’’.

Page 23

TITLE 8—ALIENS AND NATIONALITY

(32) The term ‘‘profession’’ shall include but
not be limited to architects, engineers, lawyers,
physicians, surgeons, and teachers in elementary or secondary schools, colleges, academies,
or seminaries.
(33) The term ‘‘residence’’ means the place of
general abode; the place of general abode of a
person means his principal, actual dwelling
place in fact, without regard to intent.
(34) The term ‘‘Service’’ means the Immigration and Naturalization Service of the Department of Justice.
(35) The term ‘‘spouse’’, ‘‘wife’’, or ‘‘husband’’
do not include a spouse, wife, or husband by reason of any marriage ceremony where the contracting parties thereto are not physically
present in the presence of each other, unless the
marriage shall have been consummated.
(36) The term ‘‘State’’ includes the District of
Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands.
(37) The term ‘‘totalitarian party’’ means an
organization which advocates the establishment
in the United States of a totalitarian dictatorship or totalitarianism. The terms ‘‘totalitarian
dictatorship’’ and ‘‘totalitarianism’’ mean and
refer to systems of government not representative in fact, characterized by (A) the existence
of a single political party, organized on a dictatorial basis, with so close an identity between
such party and its policies and the governmental policies of the country in which it exists,
that the party and the government constitute
an indistinguishable unit, and (B) the forcible
suppression of opposition to such party.
(38) The term ‘‘United States’’, except as
otherwise specifically herein provided, when
used in a geographical sense, means the continental United States, Alaska, Hawaii, Puerto
Rico, Guam, the Virgin Islands of the United
States, and the Commonwealth of the Northern
Mariana Islands.
(39) The term ‘‘unmarried’’, when used in reference to any individual as of any time, means
an individual who at such time is not married,
whether or not previously married.
(40) The term ‘‘world communism’’ means a
revolutionary movement, the purpose of which
is to establish eventually a Communist totalitarian dictatorship in any or all the countries of
the world through the medium of an internationally coordinated Communist political
movement.
(41) The term ‘‘graduates of a medical school’’
means aliens who have graduated from a medical school or who have qualified to practice
medicine in a foreign state, other than such
aliens who are of national or international renown in the field of medicine.
(42) The term ‘‘refugee’’ means (A) any person
who is outside any country of such person’s nationality or, in the case of a person having no
nationality, is outside any country in which
such person last habitually resided, and who is
unable or unwilling to return to, and is unable
or unwilling to avail himself or herself of the
protection of, that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership
in a particular social group, or political opinion,

§ 1101

or (B) in such special circumstances as the
President after appropriate consultation (as defined in section 1157(e) of this title) may specify,
any person who is within the country of such
person’s nationality or, in the case of a person
having no nationality, within the country in
which such person is habitually residing, and
who is persecuted or who has a well-founded fear
of persecution on account of race, religion, nationality, membership in a particular social
group, or political opinion. The term ‘‘refugee’’
does not include any person who ordered, incited, assisted, or otherwise participated in the
persecution of any person on account of race, religion, nationality, membership in a particular
social group, or political opinion. For purposes
of determinations under this chapter, a person
who has been forced to abort a pregnancy or to
undergo involuntary sterilization, or who has
been persecuted for failure or refusal to undergo
such a procedure or for other resistance to a coercive population control program, shall be
deemed to have been persecuted on account of
political opinion, and a person who has a well
founded fear that he or she will be forced to undergo such a procedure or subject to persecution
for such failure, refusal, or resistance shall be
deemed to have a well founded fear of persecution on account of political opinion.
(43) The term ‘‘aggravated felony’’ means—
(A) murder, rape, or sexual abuse of a minor;
(B) illicit trafficking in a controlled substance (as defined in section 802 of title 21), including a drug trafficking crime (as defined in
section 924(c) of title 18);
(C) illicit trafficking in firearms or destructive devices (as defined in section 921 of title
18) or in explosive materials (as defined in section 841(c) of that title);
(D) an offense described in section 1956 of
title 18 (relating to laundering of monetary instruments) or section 1957 of that title (relating to engaging in monetary transactions in
property derived from specific unlawful activity) if the amount of the funds exceeded
$10,000;
(E) an offense described in—
(i) section 842(h) or (i) of title 18, or section
844(d), (e), (f), (g), (h), or (i) of that title (relating to explosive materials offenses);
(ii) section 922(g)(1), (2), (3), (4), or (5), (j),
(n), (o), (p), or (r) or 924(b) or (h) of title 18
(relating to firearms offenses); or
(iii) section 5861 of title 26 (relating to firearms offenses);
(F) a crime of violence (as defined in section
16 of title 18, but not including a purely political offense) for which the term of imprisonment at 5 least one year;
(G) a theft offense (including receipt of stolen property) or burglary offense for which the
term of imprisonment at 5 least one year;
(H) an offense described in section 875, 876,
877, or 1202 of title 18 (relating to the demand
for or receipt of ransom);
(I) an offense described in section 2251, 2251A,
or 2252 of title 18 (relating to child pornography);
5 So

in original. Probably should be preceded by ‘‘is’’.

§ 1101

TITLE 8—ALIENS AND NATIONALITY

(J) an offense described in section 1962 of
title 18 (relating to racketeer influenced corrupt organizations), or an offense described in
section 1084 (if it is a second or subsequent offense) or 1955 of that title (relating to gambling offenses), for which a sentence of one
year imprisonment or more may be imposed;
(K) an offense that—
(i) relates to the owning, controlling, managing, or supervising of a prostitution business;
(ii) is described in section 2421, 2422, or 2423
of title 18 (relating to transportation for the
purpose of prostitution) if committed for
commercial advantage; or
(iii) is described in any of sections
1581–1585 or 1588–1591 of title 18 (relating to
peonage, slavery, involuntary servitude, and
trafficking in persons);
(L) an offense described in—
(i) section 793 (relating to gathering or
transmitting national defense information),
798 (relating to disclosure of classified information), 2153 (relating to sabotage) or 2381 or
2382 (relating to treason) of title 18;
(ii) section 421 of title 50 (relating to protecting the identity of undercover intelligence agents); or
(iii) section 421 of title 50 (relating to protecting the identity of undercover agents);
(M) an offense that—
(i) involves fraud or deceit in which the
loss to the victim or victims exceeds $10,000;
or
(ii) is described in section 7201 of title 26
(relating to tax evasion) in which the revenue loss to the Government exceeds $10,000;
(N) an offense described in paragraph (1)(A)
or (2) of section 1324(a) of this title (relating to
alien smuggling), except in the case of a first
offense for which the alien has affirmatively
shown that the alien committed the offense
for the purpose of assisting, abetting, or aiding
only the alien’s spouse, child, or parent (and
no other individual) to violate a provision of
this chapter 6
(O) an offense described in section 1325(a) or
1326 of this title committed by an alien who
was previously deported on the basis of a conviction for an offense described in another subparagraph of this paragraph;
(P) an offense (i) which either is falsely making, forging, counterfeiting, mutilating, or altering a passport or instrument in violation of
section 1543 of title 18 or is described in section 1546(a) of such title (relating to document
fraud) and (ii) for which the term of imprisonment is at least 12 months, except in the case
of a first offense for which the alien has affirmatively shown that the alien committed
the offense for the purpose of assisting, abetting, or aiding only the alien’s spouse, child,
or parent (and no other individual) to violate
a provision of this chapter;
(Q) an offense relating to a failure to appear
by a defendant for service of sentence if the
underlying offense is punishable by imprisonment for a term of 5 years or more;
6 So

in original. Probably should be followed by a semicolon.

Page 24

(R) an offense relating to commercial bribery, counterfeiting, forgery, or trafficking in
vehicles the identification numbers of which
have been altered for which the term of imprisonment is at least one year;
(S) an offense relating to obstruction of justice, perjury or subornation of perjury, or
bribery of a witness, for which the term of imprisonment is at least one year;
(T) an offense relating to a failure to appear
before a court pursuant to a court order to answer to or dispose of a charge of a felony for
which a sentence of 2 years’ imprisonment or
more may be imposed; and
(U) an attempt or conspiracy to commit an
offense described in this paragraph.
The term applies to an offense described in this
paragraph whether in violation of Federal or
State law and applies to such an offense in violation of the law of a foreign country for which
the term of imprisonment was completed within
the previous 15 years. Notwithstanding any
other provision of law (including any effective
date), the term applies regardless of whether the
conviction was entered before, on, or after September 30, 1996.
(44)(A) The term ‘‘managerial capacity’’ means
an assignment within an organization in which
the employee primarily—
(i) manages the organization, or a department, subdivision, function, or component of
the organization;
(ii) supervises and controls the work of other
supervisory, professional, or managerial employees, or manages an essential function
within the organization, or a department or
subdivision of the organization;
(iii) if another employee or other employees
are directly supervised, has the authority to
hire and fire or recommend those as well as
other personnel actions (such as promotion
and leave authorization) or, if no other employee is directly supervised, functions at a
senior level within the organizational hierarchy or with respect to the function managed; and
(iv) exercises discretion over the day-to-day
operations of the activity or function for
which the employee has authority.
A first-line supervisor is not considered to be
acting in a managerial capacity merely by virtue of the supervisor’s supervisory duties unless
the employees supervised are professional.
(B) The term ‘‘executive capacity’’ means an
assignment within an organization in which the
employee primarily—
(i) directs the management of the organization or a major component or function of the
organization;
(ii) establishes the goals and policies of the
organization, component, or function;
(iii) exercises wide latitude in discretionary
decision-making; and
(iv) receives only general supervision or direction from higher level executives, the board
of directors, or stockholders of the organization.
(C) If staffing levels are used as a factor in determining whether an individual is acting in a
managerial or executive capacity, the Attorney

Page 25

TITLE 8—ALIENS AND NATIONALITY

General shall take into account the reasonable
needs of the organization, component, or function in light of the overall purpose and stage of
development of the organization, component, or
function. An individual shall not be considered
to be acting in a managerial or executive capacity (as previously defined) merely on the basis of
the number of employees that the individual supervises or has supervised or directs or has directed.
(45) The term ‘‘substantial’’ means, for purposes of paragraph (15)(E) with reference to
trade or capital, such an amount of trade or capital as is established by the Secretary of State,
after consultation with appropriate agencies of
Government.
(46) The term ‘‘extraordinary ability’’ means,
for purposes of subsection (a)(15)(O)(i) of this
section, in the case of the arts, distinction.
(47)(A) The term ‘‘order of deportation’’ means
the order of the special inquiry officer, or other
such administrative officer to whom the Attorney General has delegated the responsibility for
determining whether an alien is deportable, concluding that the alien is deportable or ordering
deportation.
(B) The order described under subparagraph
(A) shall become final upon the earlier of—
(i) a determination by the Board of Immigration Appeals affirming such order; or
(ii) the expiration of the period in which the
alien is permitted to seek review of such order
by the Board of Immigration Appeals.
(48)(A) The term ‘‘conviction’’ means, with respect to an alien, a formal judgment of guilt of
the alien entered by a court or, if adjudication
of guilt has been withheld, where—
(i) a judge or jury has found the alien guilty
or the alien has entered a plea of guilty or
nolo contendere or has admitted sufficient
facts to warrant a finding of guilt, and
(ii) the judge has ordered some form of punishment, penalty, or restraint on the alien’s
liberty to be imposed.
(B) Any reference to a term of imprisonment
or a sentence with respect to an offense is
deemed to include the period of incarceration or
confinement ordered by a court of law regardless
of any suspension of the imposition or execution
of that imprisonment or sentence in whole or in
part.
(49) The term ‘‘stowaway’’ means any alien
who obtains transportation without the consent
of the owner, charterer, master or person in
command of any vessel or aircraft through concealment aboard such vessel or aircraft. A passenger who boards with a valid ticket is not to
be considered a stowaway.
(50) The term ‘‘intended spouse’’ means any
alien who meets the criteria set forth in section
1154(a)(1)(A)(iii)(II)(aa)(BB),
1154(a)(1)(B)(ii)(II)(aa)(BB),
or
1229b(b)(2)(A)(i)(III) of this title.
(51) The term ‘‘VAWA self-petitioner’’ means
an alien, or a child of the alien, who qualifies for
relief under—
(A) clause (iii), (iv), or (vii) of section
1154(a)(1)(A) of this title;
(B) clause (ii) or (iii) of section 1154(a)(1)(B)
of this title;

§ 1101

(C) section 1186a(c)(4)(C) of this title;
(D) the first section of Public Law 89–732 (8
U.S.C. 1255 note) (commonly known as the
Cuban Adjustment Act) as a child or spouse
who has been battered or subjected to extreme
cruelty;
(E) section 902(d)(1)(B) of the Haitian Refugee Immigration Fairness Act of 1998 (8 U.S.C.
1255 note);
(F) section 202(d)(1) of the Nicaraguan Adjustment and Central American Relief Act; or
(G) section 309 of the Illegal Immigration
Reform and Immigrant Responsibility Act of
1996 (division C of Public Law 104–208).
(52) The term ‘‘accredited language training
program’’ means a language training program
that is accredited by an accrediting agency recognized by the Secretary of Education.
(b) As used in subchapters I and II—
(1) The term ‘‘child’’ means an unmarried person under twenty-one years of age who is—
(A) a child born in wedlock;
(B) a stepchild, whether or not born out of
wedlock, provided the child had not reached
the age of eighteen years at the time the marriage creating the status of stepchild occurred;
(C) a child legitimated under the law of the
child’s residence or domicile, or under the law
of the father’s residence or domicile, whether
in or outside the United States, if such
legitimation takes place before the child
reaches the age of eighteen years and the child
is in the legal custody of the legitimating parent or parents at the time of such
legitimation;
(D) a child born out of wedlock, by, through
whom, or on whose behalf a status, privilege,
or benefit is sought by virtue of the relationship of the child to its natural mother or to its
natural father if the father has or had a bona
fide parent-child relationship with the person;
(E)(i) a child adopted while under the age of
sixteen years if the child has been in the legal
custody of, and has resided with, the adopting
parent or parents for at least two years or if
the child has been battered or subject to extreme cruelty by the adopting parent or by a
family member of the adopting parent residing
in the same household: Provided, That no natural parent of any such adopted child shall
thereafter, by virtue of such parentage, be accorded any right, privilege, or status under
this chapter; or
(ii) subject to the same proviso as in clause
(i), a child who: (I) is a natural sibling of a
child described in clause (i) or subparagraph
(F)(i); (II) was adopted by the adoptive parent
or parents of the sibling described in such
clause or subparagraph; and (III) is otherwise
described in clause (i), except that the child
was adopted while under the age of 18 years;
(F)(i) a child, under the age of sixteen at the
time a petition is filed in his behalf to accord
a classification as an immediate relative
under section 1151(b) of this title, who is an orphan because of the death or disappearance of,
abandonment or desertion by, or separation or
loss from, both parents, or for whom the sole
or surviving parent is incapable of providing
the proper care and has in writing irrevocably
released the child for emigration and adop-

§ 1101

TITLE 8—ALIENS AND NATIONALITY

tion; who has been adopted abroad by a United
States citizen and spouse jointly, or by an unmarried United States citizen at least twentyfive years of age, who personally saw and observed the child prior to or during the adoption proceedings; or who is coming to the
United States for adoption by a United States
citizen and spouse jointly, or by an unmarried
United States citizen at least twenty-five
years of age, who have or has complied with
the preadoption requirements, if any, of the
child’s proposed residence; Provided, That the
Attorney General is satisfied that proper care
will be furnished the child if admitted to the
United States: Provided further, That no natural parent or prior adoptive parent of any such
child shall thereafter, by virtue of such parentage, be accorded any right, privilege, or
status under this chapter; or
(ii) subject to the same provisos as in clause
(i), a child who: (I) is a natural sibling of a
child described in clause (i) or subparagraph
(E)(i); (II) has been adopted abroad, or is coming to the United States for adoption, by the
adoptive parent (or prospective adoptive parent) or parents of the sibling described in such
clause or subparagraph; and (III) is otherwise
described in clause (i), except that the child is
under the age of 18 at the time a petition is
filed in his or her behalf to accord a classification as an immediate relative under section
1151(b) of this title; or
(G)(i) a child, younger than 16 years of age at
the time a petition is filed on the child’s behalf to accord a classification as an immediate
relative under section 1151(b) of this title, who
has been adopted in a foreign state that is a
party to the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, done at The Hague on May
29, 1993, or who is emigrating from such a foreign state to be adopted in the United States
by a United States citizen and spouse jointly
or by an unmarried United States citizen who
is at least 25 years of age, Provided, That—
(I) the Secretary of Homeland Security is
satisfied that proper care will be furnished
the child if admitted to the United States;
(II) the child’s natural parents (or parent,
in the case of a child who has one sole or
surviving parent because of the death or disappearance of, abandonment or desertion by,
the other parent), or other persons or institutions that retain legal custody of the
child, have freely given their written irrevocable consent to the termination of their
legal relationship with the child, and to the
child’s emigration and adoption;
(III) in the case of a child having two living natural parents, the natural parents are
incapable of providing proper care for the
child;
(IV) the Secretary of Homeland Security is
satisfied that the purpose of the adoption is
to form a bona fide parent-child relationship, and the parent-child relationship of the
child and the natural parents has been terminated (and in carrying out both obligations under this subclause the Secretary of
Homeland Security may consider whether
there is a petition pending to confer immi-

Page 26

grant status on one or both of such natural
parents); and
(V) in the case of a child who has not been
adopted—
(aa) the competent authority of the foreign state has approved the child’s emigration to the United States for the purpose
of adoption by the prospective adoptive
parent or parents; and
(bb) the prospective adoptive parent or
parents has or have complied with any preadoption requirements of the child’s proposed residence; and
(ii) except that no natural parent or prior
adoptive parent of any such child shall thereafter, by virtue of such parentage, be accorded
any right, privilege, or status under this chapter; or
(iii) subject to the same provisos as in
clauses (i) and (ii), a child who—
(I) is a natural sibling of a child described
in clause (i), subparagraph (E)(i), or subparagraph (F)(i);
(II) was adopted abroad, or is coming to
the United States for adoption, by the adoptive parent (or prospective adoptive parent)
or parents of the sibling described in clause
(i), subparagraph (E)(i), or subparagraph
(F)(i); and
(III) is otherwise described in clause (i), except that the child is younger than 18 years
of age at the time a petition is filed on his
or her behalf for classification as an immediate relative under section 1151(b) of this
title.
(2) The terms ‘‘parent’’, ‘‘father’’, or ‘‘mother’’
mean a parent, father, or mother only where the
relationship exists by reason of any of the circumstances set forth in subdivision (1) of this
subsection, except that, for purposes of paragraph (1)(F) (other than the second proviso
therein) and paragraph (1)(G)(i) in the case of a
child born out of wedlock described in paragraph
(1)(D) (and not described in paragraph (1)(C)),
the term ‘‘parent’’ does not include the natural
father of the child if the father has disappeared
or abandoned or deserted the child or if the father has in writing irrevocably released the
child for emigration and adoption.
(3) The term ‘‘person’’ means an individual or
an organization.
(4) The term ‘‘immigration judge’’ means an
attorney whom the Attorney General appoints
as an administrative judge within the Executive
Office for Immigration Review, qualified to conduct specified classes of proceedings, including a
hearing under section 1229a of this title. An immigration judge shall be subject to such supervision and shall perform such duties as the Attorney General shall prescribe, but shall not be
employed by the Immigration and Naturalization Service.
(5) The term ‘‘adjacent islands’’ includes Saint
Pierre, Miquelon, Cuba, the Dominican Republic, Haiti, Bermuda, the Bahamas, Barbados, Jamaica, the Windward and Leeward Islands, Trinidad, Martinique, and other British, French, and
Netherlands territory or possessions in or bordering on the Caribbean Sea.
(c) As used in subchapter III—

Page 27

TITLE 8—ALIENS AND NATIONALITY

(1) The term ‘‘child’’ means an unmarried person under twenty-one years of age and includes
a child legitimated under the law of the child’s
residence or domicile, or under the law of the father’s residence or domicile, whether in the
United States or elsewhere, and, except as
otherwise provided in sections 1431 and 1432 7 of
this title, a child adopted in the United States,
if such legitimation or adoption takes place before the child reaches the age of 16 years (except
to the extent that the child is described in subparagraph (E)(ii) or (F)(ii) of subsection (b)(1) of
this section), and the child is in the legal custody of the legitimating or adopting parent or
parents at the time of such legitimation or
adoption.
(2) The terms ‘‘parent’’, ‘‘father’’, and ‘‘mother’’ include in the case of a posthumous child a
deceased parent, father, and mother.
(d) Repealed. Pub. L. 100–525, § 9(a)(3), Oct. 24,
1988, 102 Stat. 2619.
(e) For the purposes of this chapter—
(1) The giving, loaning, or promising of support or of money or any other thing of value to
be used for advocating any doctrine shall constitute the advocating of such doctrine; but
nothing in this paragraph shall be construed as
an exclusive definition of advocating.
(2) The giving, loaning, or promising of support or of money or any other thing of value for
any purpose to any organization shall be presumed to constitute affiliation therewith; but
nothing in this paragraph shall be construed as
an exclusive definition of affiliation.
(3) Advocating the economic, international,
and governmental doctrines of world communism means advocating the establishment of
a totalitarian Communist dictatorship in any or
all of the countries of the world through the medium of an internationally coordinated Communist movement.
(f) For the purposes of this chapter—
No person shall be regarded as, or found to be,
a person of good moral character who, during
the period for which good moral character is required to be established is, or was—
(1) a habitual drunkard;
(2) Repealed. Pub. L. 97–116, § 2(c)(1), Dec. 29,
1981, 95 Stat. 1611.
(3) a member of one or more of the classes of
persons, whether inadmissible or not, described in paragraphs (2)(D), (6)(E), and (10)(A)
of section 1182(a) of this title; or subparagraphs (A) and (B) of section 1182(a)(2) of this
title and subparagraph (C) thereof of such section 8 (except as such paragraph relates to a
single offense of simple possession of 30 grams
or less of marihuana), if the offense described
therein, for which such person was convicted
or of which he admits the commission, was
committed during such period;
(4) one whose income is derived principally
from illegal gambling activities;
(5) one who has been convicted of two or
more gambling offenses committed during
such period;
(6) one who has given false testimony for the
purpose of obtaining any benefits under this
chapter;
7 See

References in Text note below.
in original. The phrase ‘‘of such section’’ probably should
not appear.
8 So

§ 1101

(7) one who during such period has been confined, as a result of conviction, to a penal institution for an aggregate period of one hundred and eighty days or more, regardless of
whether the offense, or offenses, for which he
has been confined were committed within or
without such period;
(8) one who at any time has been convicted
of an aggravated felony (as defined in subsection (a)(43) of this section); or
(9) one who at any time has engaged in conduct described in section 1182(a)(3)(E) of this
title (relating to assistance in Nazi persecution, participation in genocide, or commission
of acts of torture or extrajudicial killings) or
1182(a)(2)(G) of this title (relating to severe
violations of religious freedom).
The fact that any person is not within any of
the foregoing classes shall not preclude a finding
that for other reasons such person is or was not
of good moral character. In the case of an alien
who makes a false statement or claim of citizenship, or who registers to vote or votes in a Federal, State, or local election (including an initiative, recall, or referendum) in violation of a
lawful restriction of such registration or voting
to citizens, if each natural parent of the alien
(or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen
(whether by birth or naturalization), the alien
permanently resided in the United States prior
to attaining the age of 16, and the alien reasonably believed at the time of such statement,
claim, or violation that he or she was a citizen,
no finding that the alien is, or was, not of good
moral character may be made based on it.
(g) For the purposes of this chapter any alien
ordered deported or removed (whether before or
after the enactment of this chapter) who has left
the United States, shall be considered to have
been deported or removed in pursuance of law,
irrespective of the source from which the expenses of his transportation were defrayed or of
the place to which he departed.
(h) For purposes of section 1182(a)(2)(E) of this
title, the term ‘‘serious criminal offense’’
means—
(1) any felony;
(2) any crime of violence, as defined in section 16 of title 18; or
(3) any crime of reckless driving or of driving while intoxicated or under the influence of
alcohol or of prohibited substances if such
crime involves personal injury to another.
(i) With respect to each nonimmigrant alien
described in subsection (a)(15)(T)(i) of this section—
(1) the Secretary of Homeland Security, the
Attorney General, and other Government officials, where appropriate, shall provide the
alien with a referral to a nongovernmental organization that would advise the alien regarding the alien’s options while in the United
States and the resources available to the
alien; and
(2) the Secretary of Homeland Security
shall, during the period the alien is in lawful
temporary resident status under that subsection, grant the alien authorization to engage in employment in the United States and

§ 1101

TITLE 8—ALIENS AND NATIONALITY

provide the alien with an ‘‘employment authorized’’ endorsement or other appropriate
work permit.
(June 27, 1952, ch. 477, title I, § 101, 66 Stat. 166;
Pub. L. 85–316, §§ 1, 2, Sept. 11, 1957, 71 Stat. 639;
Pub. L. 85–508, § 22, July 7, 1958, 72 Stat. 351; Pub.
L. 86–3, § 20(a), Mar. 18, 1959, 73 Stat. 13; Pub. L.
87–256, § 109(a), (b), Sept. 21, 1961, 75 Stat. 534;
Pub. L. 87–301, §§ 1, 2, 7, Sept. 26, 1961, 75 Stat.
650, 653; Pub. L. 89–236, §§ 8, 24, Oct. 3, 1965, 79
Stat. 916, 922; Pub. L. 89–710, Nov. 2, 1966, 80 Stat.
1104; Pub. L. 91–225, § 1, Apr. 7, 1970, 84 Stat. 116;
Pub. L. 94–155, Dec. 16, 1975, 89 Stat. 824; Pub. L.
94–484, title VI, § 601(b), (e), Oct. 12, 1976, 90 Stat.
2301, 2302; Pub. L. 94–571, § 7(a), Oct. 20, 1976, 90
Stat. 2706; Pub. L. 94–484, title VI, § 602(c), Oct.
12, 1976, as added Pub. L. 95–83, title III,
§ 307(q)(3), Aug. 1, 1977, 91 Stat. 395; Pub. L.
95–105, title I, § 109(b)(3), Aug. 17, 1977, 91 Stat.
847; Pub. L. 96–70, title III, § 3201(a), Sept. 27,
1979, 93 Stat. 496; Pub. L. 96–212, title II, § 201(a),
Mar. 17, 1980, 94 Stat. 102; Pub. L. 97–116, §§ 2,
5(d)(1), 18(a), Dec. 29, 1981, 95 Stat. 1611, 1614, 1619;
Priv. L. 98–47, § 3, Oct. 30, 1984, 98 Stat. 3435; Pub.
L. 99–505, § 1, Oct. 21, 1986, 100 Stat. 1806; Pub. L.
99–603, title III, §§ 301(a), 312, 315(a), Nov. 6, 1986,
100 Stat. 3411, 3434, 3439; Pub. L. 99–653, §§ 2, 3,
Nov. 14, 1986, 100 Stat. 3655; Pub. L. 100–459, title
II, § 210(a), Oct. 1, 1988, 102 Stat. 2203; Pub. L.
100–525, §§ 2(o)(1), 8(b), 9(a), Oct. 24, 1988, 102 Stat.
2613, 2617, 2619; Pub. L. 100–690, title VII, § 7342,
Nov. 18, 1988, 102 Stat. 4469; Pub. L. 101–162, title
VI, § 611(a), Nov. 21, 1989, 103 Stat. 1038; Pub. L.
101–238, § 3(a), Dec. 18, 1989, 103 Stat. 2100; Pub. L.
101–246, title I, § 131(b), Feb. 16, 1990, 104 Stat. 31;
Pub. L. 101–649, title I, §§ 123, 151(a), 153(a),
162(f)(2)(A), title II, §§ 203(c), 204(a), (c), 205(c)(1),
(d), (e), 206(c), 207(a), 208, 209(a), title IV,
§ 407(a)(2), title V, §§ 501(a), 509(a), title VI,
§ 603(a)(1), Nov. 29, 1990, 104 Stat. 4995, 5004, 5005,
5012, 5018–5020, 5022, 5023, 5026, 5027, 5040, 5048,
5051, 5082; Pub. L. 102–110, § 2(a), Oct. 1, 1991, 105
Stat. 555; Pub. L. 102–232, title II, §§ 203(a),
205(a)–(c), 206(b), (c)(1), (d), 207(b), title III,
§§ 302(e)(8)(A), 303(a)(5)(A), (7)(A), (14), 305(m)(1),
306(a)(1), 309(b)(1), (4), Dec. 12, 1991, 105 Stat. 1737,
1740, 1741, 1746–1748, 1750, 1751, 1758; Pub. L.
103–236, title I, § 162(h)(1), Apr. 30, 1994, 108 Stat.
407; Pub. L. 103–322, title XIII, § 130003(a), Sept.
13, 1994, 108 Stat. 2024; Pub. L. 103–337, div. C,
title XXXVI, § 3605, Oct. 5, 1994, 108 Stat. 3113;
Pub. L. 103–416, title II, §§ 201, 202, 214, 219(a),
222(a), Oct. 25, 1994, 108 Stat. 4310, 4311, 4314, 4316,
4320; Pub. L. 104–51, § 1, Nov. 15, 1995, 109 Stat.
467; Pub. L. 104–132, title IV, § 440(b), (e), Apr. 24,
1996, 110 Stat. 1277; Pub. L. 104–208, div. C, title
I, § 104(a), title III, §§ 301(a), 308(d)(3)(A), (4)(A),
(e)(3), (f)(1)(A), (B), 321(a), (b), 322(a)(1), (2)(A),
361(a), 371(a), title VI, §§ 601(a)(1), 625(a)(2),
671(a)(3)(B), (b)(5), (e)(2), Sept. 30, 1996, 110 Stat.
3009–555, 3009–575, 3009–617, 3009–620, 3009–621,
3009–627 to 3009–629, 3009–644, 3009–645, 3009–689,
3009–700, 3009–721 to 3009–723; Pub. L. 105–54, § 1(a),
Oct. 6, 1997, 111 Stat. 1175; Pub. L. 105–119, title
I, § 113, Nov. 26, 1997, 111 Stat. 2460; Pub. L.
105–277, div. C, title IV, § 421, div. G, title XXII,
§ 2222(e), Oct. 21, 1998, 112 Stat. 2681–657, 2681–819;
Pub. L. 105–319, § 2(b)(1), (e)(2), formerly (d)(2),
Oct. 30, 1998, 112 Stat. 3014, 3015, renumbered
§ 2(e)(2), Pub. L. 108–449, § 1(a)(3)(A), Dec. 10, 2004,
118 Stat. 3470; Pub. L. 106–95, § 2(a), (c), Nov. 12,

Page 28

1999, 113 Stat. 1312, 1316; Pub. L. 106–139, § 1(a),
(b)(1), Dec. 7, 1999, 113 Stat. 1696; Pub. L. 106–279,
title III, § 302(a), (c), Oct. 6, 2000, 114 Stat. 838,
839; Pub. L. 106–386, div. A, § 107(e)(1), (4), div. B,
title V, §§ 1503(a), § 1513(b), Oct. 28, 2000, 114 Stat.
1477, 1479, 1518, 1534; Pub. L. 106–395, title II,
§ 201(a)(1), Oct. 30, 2000, 114 Stat. 1633; Pub. L.
106–409, § 2(a), Nov. 1, 2000, 114 Stat. 1787; Pub. L.
106–536, § 1(a), Nov. 22, 2000, 114 Stat. 2560; Pub. L.
106–553, § 1(a)(2) [title XI, §§ 1102(a), 1103(a)], Dec.
21, 2000, 114 Stat. 2762, 2762A–142, 2762A–144; Pub.
L. 107–125, § 2(b), Jan. 16, 2002, 115 Stat. 2403; Pub.
L. 107–274, § 2(a), (b), Nov. 2, 2002, 116 Stat. 1923;
Pub. L. 108–77, title IV, § 402(a)(1), Sept. 3, 2003,
117 Stat. 939; Pub. L. 108–99, § 1, Oct. 15, 2003, 117
Stat. 1176; Pub. L. 108–193, §§ 4(b)(1), (5), 8(a)(1),
Dec. 19, 2003, 117 Stat. 2878, 2879, 2886; Pub. L.
108–449, § 1(a)(2)(B), (b)(1), Dec. 10, 2004, 118 Stat.
3469, 3470; Pub. L. 108–458, title V, § 5504, Dec. 17,
2004, 118 Stat. 3741; Pub. L. 109–13, div. B, title V,
§ 501(a), May 11, 2005, 119 Stat. 321; Pub. L. 109–90,
title V, § 536, Oct. 18, 2005, 119 Stat. 2087; Pub. L.
109–162, title VIII, §§ 801, 805(d), 811, 822(c)(1), Jan.
5, 2006, 119 Stat. 3053, 3056, 3057, 3063; Pub. L.
109–248, title IV, § 402(b), July 27, 2006, 120 Stat.
623; Pub. L. 110–229, title VII, § 702(j)(1)–(3), May
8, 2008, 122 Stat. 866; Pub. L. 110–391, § 2(a), Oct.
10, 2008, 122 Stat. 4193; Pub. L. 110–457, title II,
§§ 201(a), 235(d)(1), Dec. 23, 2008, 122 Stat. 5052,
5079; Pub. L. 111–9, § 1, Mar. 20, 2009, 123 Stat. 989;
Pub. L. 111–83, title V, § 568(a)(1), Oct. 28, 2009, 123
Stat. 2186; Pub. L. 111–287, § 3, Nov. 30, 2010, 124
Stat. 3058; Pub. L. 111–306, § 1(a), Dec. 14, 2010, 124
Stat. 3280.)
AMENDMENT OF SUBSECTION (a)(15)(H)(i)
For termination of amendment by section
107(c) of Pub. L. 108–77, see Effective and Termination Dates of 2003 Amendment note below.
REFERENCES IN TEXT
This chapter, referred to in subsecs. (a), (b) (except
par. (1)(G)(ii)), (c), and (e)–(g), was in the original, ‘‘this
Act’’, meaning act June 27, 1952, ch. 477, 66 Stat. 163,
known as the Immigration and Nationality Act, which
is classified principally to this chapter. For complete
classification of this Act to the Code, see Short Title
note set out below and Tables.
The Headquarters Agreement with the United Nations (61 Stat. 758), referred to in subsec. (a)(15)(C), is
set out as a note under section 287 of Title 22, Foreign
Relations and Intercourse.
Section 1184(l) of this title, referred to in subsec.
(a)(15)(F)(i), probably means the subsec. (l) of section
1184 which relates to nonimmigrant elementary and
secondary school students and was added by Pub. L.
104–208, div. C, title VI, § 625(a)(1), Sept. 30, 1996, 110
Stat. 3009–699, and redesignated subsec. (m) of section
1184 by Pub. L. 106–386, div. A, § 107(e)(2)(A), Oct. 28,
2000, 114 Stat. 1478.
The International Organizations Immunities Act (59
Stat. 669), referred to in subsec. (a)(15)(G)(i), is act Dec.
29, 1945, ch. 652, title I, 59 Stat. 669, which is classified
principally to subchapter XVIII (§ 288 et seq.) of chapter
7 of Title 22, Foreign Relations and Intercourse. For
complete classification of this Act to the Code, see
Short Title note set out under section 288 of Title 22
and Tables.
Subsection (p) of section 1184 of this title, referred to
in subsec. (a)(15)(K), was redesignated as subsec. (r) of
section 1184 by Pub. L. 108–193, § 8(a)(3), Dec. 19, 2003, 117
Stat. 2886.
Section 3(a) of the Selective Training and Service Act
of 1940, as amended (54 Stat. 885; 55 Stat. 844), referred
to in subsec. (a)(19), was classified to section 303 of

Page 29

TITLE 8—ALIENS AND NATIONALITY

Title 50, Appendix, War and National Defense, and was
omitted from the Code as obsolete.
The Selective Service Act of 1948, referred to in subsec. (a)(19), was redesignated the Universal Military
Training and Service Act by act June 19, 1951, 65 Stat.
75, and then redesignated the Military Selective Service Act of 1967 by act June 30, 1967, Pub. L. 90–40, 81
Stat. 100, and subsequently redesignated the Military
Selective Service Act by Pub. L. 92–129, title I,
§ 101(a)(1), Sept. 28, 1971, 85 Stat. 348.
The Immigration Technical Corrections Act of 1988,
referred to in subsec. (a)(27)(L)(iii), is Pub. L. 100–525,
Oct. 24, 1988, 102 Stat. 2609. For complete classification
of this Act to the Code, see Short Title of 1988 Amendments note set out below and Tables.
The Immigration and Nationality Technical Corrections Act of 1994, referred to in subsec. (a)(27)(L)(iii), is
Pub. L. 103–416, Oct. 25, 1994, 108 Stat. 4305. For complete classification of this Act to the Code, see Short
Title of 1994 Amendment note set out below and Tables.
The American Competitiveness and Workforce Improvement Act of 1998, referred to in subsec.
(a)(27)(L)(iii), is Pub. L. 105–277, div. C, title IV, Oct. 21,
1998, 112 Stat. 2681–641. For complete classification of
this Act to the Code, see Short Title of 1998 Amendment note set out below and Tables.
Section 902(d)(1)(B) of the Haitian Refugee Immigration Fairness Act of 1998, referred to in subsec.
(a)(51)(E), is Pub. L. 105–277, div. A, § 101(h) [title IX,
§ 902(d)(1)(B)], which is set out as a note under section
1255 of this title.
Section 202(d)(1) of the Nicaraguan Adjustment and
Central American Relief Act, referred to in subsec.
(a)(51)(F), is section 202(d)(1) of Pub. L. 105–100, which is
set out as a note under section 1255 of this title.
Section 309 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996, referred to in
subsec. (a)(51)(G), is section 309 of div. C of Pub. L.
104–208, which is set out as a note under this section.
Section 1432 of this title, referred to in subsec. (c)(1),
was repealed by Pub. L. 106–395, title I, § 103(a), Oct. 30,
2000, 114 Stat. 1632.
CODIFICATION
September 30, 1996, referred to in the concluding provisions of subsec. (a)(43), was in the original ‘‘the date
of enactment of this paragraph’’, which was translated
as meaning the date of enactment of section 321(b) of
Pub. L. 104–208, which inserted that language, to reflect
the probable intent of Congress.
AMENDMENTS
2010—Subsec. (a)(15)(F)(i). Pub. L. 111–306, § 1(a)(1),
substituted ‘‘an accredited language’’ for ‘‘a language’’.
Subsec. (a)(52). Pub. L. 111–306, § 1(a)(2), added par.
(52).
Subsec. (b)(1)(G). Pub. L. 111–287 amended subpar. (G)
generally. Prior to amendment, subpar. (G) provided
that the term ‘‘child’’ includes a child who is migrating
from certain foreign states to the United States to be
adopted if the Attorney General is satisfied that certain criteria are met.
2009—Subsec. (a)(27)(C)(ii)(II), (III). Pub. L. 111–83 substituted ‘‘September 30, 2012,’’ for ‘‘September 30,
2009,’’.
Pub. L. 111–9 substituted ‘‘September 30, 2009,’’ for
‘‘March 6, 2009,’’.
2008—Subsec. (a)(15)(D)(ii). Pub. L. 110–229, § 702(j)(1),
inserted ‘‘or the Commonwealth of the Northern Mariana Islands’’ after ‘‘Guam’’ in two places.
Subsec. (a)(15)(T)(i). Pub. L. 110–457, § 201(a)(1)(A), substituted ‘‘Security, in consultation with the Attorney
General,’’ for ‘‘Security and the Attorney General
jointly;’’ in introductory provisions.
Subsec. (a)(15)(T)(i)(I). Pub. L. 110–457, § 201(a)(1)(B),
substituted semicolon for comma at end.
Subsec. (a)(15)(T)(i)(II). Pub. L. 110–457, § 201(a)(1)(C),
inserted at end ‘‘including physical presence on account of the alien having been allowed entry into the

§ 1101

United States for participation in investigative or judicial processes associated with an act or a perpetrator of
trafficking;’’.
Subsec.
(a)(15)(T)(i)(III)(bb).
Pub.
L.
110–457,
§ 201(a)(1)(D)(i), (iii), added item (bb). Former item (bb)
redesignated (cc).
Subsec.
(a)(15)(T)(i)(III)(cc).
Pub.
L.
110–457,
§ 201(a)(1)(D)(ii), (iv), redesignated item (bb) as (cc) and
substituted ‘‘; and’’ for ‘‘, and’’.
Subsec. (a)(15)(T)(ii)(III). Pub. L. 110–457, § 201(a)(2),
added subcl. (III).
Subsec. (a)(15)(T)(iii). Pub. L. 110–457, § 201(a)(1)(E),
(3), struck out cl. (iii) which read as follows: ‘‘if the
Secretary of Homeland Security, in his or her discretion and with the consultation of the Attorney General,
determines that a trafficking victim, due to psychological or physical trauma, is unable to cooperate with
a request for assistance described in clause (i)(III)(aa),
the request is unreasonable.’’
Subsec. (a)(27)(C)(ii)(II), (III). Pub. L. 110–391 substituted ‘‘March 6, 2009,’’ for ‘‘October 1, 2008,’’.
Subsec. (a)(27)(J)(i). Pub. L. 110–457, § 235(d)(1)(A), substituted ‘‘State, or an individual or entity appointed by
a State or juvenile court located in the United States,
and whose reunification with 1 or both of the immigrant’s parents is not viable due to abuse, neglect,
abandonment, or a similar basis found under State
law;’’ for ‘‘State and who has been deemed eligible by
that court for long-term foster care due to abuse, neglect, or abandonment;’’.
Subsec. (a)(27)(J)(iii). Pub. L. 110–457, § 235(d)(1)(B)(i),
substituted ‘‘the Secretary of Homeland Security consents to the grant of special immigrant juvenile
status,’’ for ‘‘the Attorney General expressly consents
to the dependency order serving as a precondition to
the grant of special immigrant juvenile status;’’ in introductory provisions.
Subsec.
(a)(27)(J)(iii)(I).
Pub.
L.
110–457,
§ 235(d)(1)(B)(ii), substituted ‘‘in the custody of the Secretary of Health and Human Services unless the Secretary of Health and Human Services specifically consents to such jurisdiction;’’ for ‘‘in the actual or constructive custody of the Attorney General unless the
Attorney General specifically consents to such jurisdiction;’’.
Subsec. (a)(36), (38). Pub. L. 110–229, § 702(j)(2), (3), substituted ‘‘the Virgin Islands of the United States, and
the Commonwealth of the Northern Mariana Islands’’
for ‘‘and the Virgin Islands of the United States’’.
2006—Subsec. (a)(15)(K)(i), (ii). Pub. L. 109–248, which
directed insertion of ‘‘(other than a citizen described in
section 1154(a)(1)(A)(viii)(I) of this title)’’ after ‘‘citizen
of the United States’’ each place appearing in section
101(a)(15)(K), without specifying the Act to be amended,
was executed to subsec. (a)(15)(K) of this section, which
is section 101 of the Immigration and Nationality Act,
to reflect the probable intent of Congress.
Subsec. (a)(15)(T)(i). Pub. L. 109–162, § 801(a)(1)(A), substituted ‘‘Secretary of Homeland Security, or in the
case of subclause (III)(aa) the Secretary of Homeland
Security and the Attorney General jointly;’’ for ‘‘Attorney General’’.
Subsec.
(a)(15)(T)(i)(III)(aa).
Pub.
L.
109–162,
§ 801(a)(1)(B)(i), inserted ‘‘Federal, State, or local’’ before ‘‘investigation’’.
Pub. L. 109–162, § 801(a)(1)(B)(ii), which directed substitution of ‘‘or the investigation of crime where acts
of trafficking are at least one central reason for the
commission of that crime; or’’ for ‘‘, or’’, was executed
by making the substitution for ‘‘, or’’ the second time
appearing to reflect the probable intent of Congress.
Subsec. (a)(15)(T)(i)(IV). Pub. L. 109–162, § 801(a)(1)(C),
struck out ‘‘and’’ at end.
Subsec. (a)(15)(T)(ii). Pub. L. 109–162, § 801(a)(2),
amended cl. (ii) generally. Prior to amendment, cl. (ii)
read as follows: ‘‘if the Attorney General considers it
necessary to avoid extreme hardship—
‘‘(I) in the case of an alien described in clause (i)
who is under 21 years of age, the spouse, children, unmarried siblings under 18 years of age on the date on

§ 1101

TITLE 8—ALIENS AND NATIONALITY

which such alien applied for status under such clause,
and parents of such alien; and
‘‘(II) in the case of an alien described in clause (i)
who is 21 years of age or older, the spouse and children of such alien,
if accompanying, or following to join, the alien described in clause (i);’’.
Subsec. (a)(15)(T)(iii). Pub. L. 109–162, § 801(a)(3), added
cl. (iii).
Subsec. (a)(15)(U)(i). Pub. L. 109–162, § 801(b)(1), substituted ‘‘Secretary of Homeland Security’’ for ‘‘Attorney General’’.
Subsec. (a)(15)(U)(ii). Pub. L. 109–162, § 801(b)(2),
amended cl. (ii) generally. Prior to amendment, cl. (ii)
read as follows: ‘‘if the Attorney General considers it
necessary to avoid extreme hardship to the spouse, the
child, or, in the case of an alien child, the parent of the
alien described in clause (i), the Attorney General may
also grant status under this paragraph based upon certification of a government official listed in clause
(i)(III) that an investigation or prosecution would be
harmed without the assistance of the spouse, the child,
or, in the case of an alien child, the parent of the alien;
and’’.
Subsec. (a)(51). Pub. L. 109–162, § 811, added par. (51).
Subsec. (b)(1)(E)(i). Pub. L. 109–162, § 805(d), inserted
before colon ‘‘or if the child has been battered or subject to extreme cruelty by the adopting parent or by a
family member of the adopting parent residing in the
same household’’.
Subsec. (f)(3). Pub. L. 109–162, § 822(c)(1), substituted
‘‘(10)(A)’’ for ‘‘(9)(A)’’.
Subsec. (i)(1). Pub. L. 109–162, § 801(c)(1), substituted
‘‘Secretary of Homeland Security, the Attorney General,’’ for ‘‘Attorney General’’.
Subsec. (i)(2). Pub. L. 109–162, § 801(c)(2), substituted
‘‘Secretary of Homeland Security’’ for ‘‘Attorney General’’.
2005—Subsec. (a)(15)(E)(iii). Pub. L. 109–13 added cl.
(iii).
Subsec. (a)(15)(H)(ii)(a). Pub. L. 109–90 substituted
‘‘, agriculture as defined in section 203(f) of title 29, and
the pressing of apples for cider on a farm,’’ for ‘‘and agriculture as defined in section 203(f) of title 29,’’ and
made technical amendment to reference in original act
which appears in text as reference to section 3121(g) of
title 26.
2004—Subsec. (a)(15)(Q). Pub. L. 108–449, § 1(b)(1), substituted ‘‘Secretary of Homeland Security’’ for ‘‘Attorney General’’ in two places, ‘‘citizen of the United
Kingdom or the Republic of Ireland, 21 to 35 years of
age, unemployed for not less than 12 months, and having a residence for not less than 18 months’’ for ‘‘35
years of age or younger having a residence’’, and ‘‘24
months)’’ for ‘‘36 months)’’.
Pub. L. 108–449, § 1(a)(2)(B), amended Pub. L. 105–319,
§ 2(d)(2). See 1998 Amendment note below.
Subsec. (f)(9). Pub. L. 108–458 added par. (9).
2003—Subsec. (a)(15)(H)(i). Pub. L. 108–77, §§ 107(c),
402(a)(1), temporarily substituted ‘‘1182(n)(1) of this
title, or (b1) who is entitled to enter the United States
under and in pursuance of the provisions of an agreement listed in section 1184(g)(8)(A) of this title, who is
engaged in a specialty occupation described in section
1184(i)(3) of this title, and with respect to whom the
Secretary of Labor determines and certifies to the Secretary of Homeland Security and the Secretary of
State that the intending employer has filed with the
Secretary of Labor an attestation under section
1182(t)(1) of this title, or (c)’’ for ‘‘1182(n)(1) of this title,
or (c)’’. See Effective and Termination Dates of 2003
Amendment note below.
Subsec. (a)(15)(T). Pub. L. 108–193, § 8(a)(1)(A), (B), substituted ‘‘1184(o) of this title,’’ for ‘‘1184(n) of this
title,’’ and realigned margins.
Subsec.
(a)(15)(T)(i)(III)(bb).
Pub.
L.
108–193,
§ 4(b)(1)(A), substituted ‘‘18 years of age,’’ for ‘‘15 years
of age,’’.
Subsec. (a)(15)(T)(ii)(I). Pub. L. 108–193, § 4(b)(1)(B), inserted ‘‘unmarried siblings under 18 years of age on the

Page 30

date on which such alien applied for status under such
clause,’’ before ‘‘and parents’’.
Subsec. (a)(15)(U). Pub. L. 108–193, § 8(a)(1)(A), (C), substituted ‘‘1184(p) of this title,’’ for ‘‘1184(o) of this
title,’’ in cl. (i) and realigned margins.
Subsec. (a)(15)(V). Pub. L. 108–193, § 8(a)(1)(D), substituted ‘‘1184(q) of this title,’’ for ‘‘1184(o) of this
title,’’ in introductory provisions.
Subsec. (a)(27)(C)(ii)(II), (III). Pub. L. 108–99 substituted ‘‘2008,’’ for ‘‘2003,’’.
Subsec. (a)(43)(K)(iii). Pub. L. 108–193, § 4(b)(5), amended cl. (iii) generally. Prior to amendment, cl. (iii) read
as follows: ‘‘is described in section 1581, 1582, 1583, 1584,
1585, or 1588 of title 18 (relating to peonage, slavery, and
involuntary servitude);’’.
2002—Subsec. (a)(15)(F)(ii), (iii). Pub. L. 107–274, § 2(a),
added cls. (ii) and (iii) and struck out former cl. (ii)
which read as follows: ‘‘and (ii) the alien spouse and
minor children of any such alien if accompanying him
or following to join him;’’.
Subsec. (a)(15)(L). Pub. L. 107–125 inserted ‘‘subject to
section 1184(c)(2) of this title,’’ before ‘‘an alien who’’.
Subsec. (a)(15)(M)(ii), (iii). Pub. L. 107–274, § 2(b),
added cls. (ii) and (iii) and struck out former cl. (ii)
which read as follows: ‘‘and (ii) the alien spouse and
minor children of any such alien if accompanying him
or following to join him;’’.
2000—Subsec. (a)(15)(K). Pub. L. 106–553, § 1(a)(2) [title
XI, § 1103(a)], amended subpar. (K) generally. Prior to
amendment, subpar. (K) read as follows: ‘‘an alien who
is the fiance´e or fiance´ of a citizen of the United States
and who seeks to enter the United States solely to conclude a valid marriage with the petitioner within ninety days after admission, and the minor children of such
fiance´e or fiance´ accompanying him or following to
join him;’’.
Subsec. (a)(15)(T). Pub. L. 106–386, § 107(e)(1), added
subpar. (T).
Subsec. (a)(15)(U). Pub. L. 106–386, § 1513(b), added subpar. (U).
Subsec. (a)(15)(V). Pub. L. 106–553, § 1(a)(2) [title XI,
§ 1102(a)], added subpar. (V).
Subsec. (a)(27)(C)(ii)(II), (III). Pub. L. 106–409 substituted ‘‘2003,’’ for ‘‘2000,’’.
Subsec. (a)(27)(M). Pub. L. 106–536 added subpar. (M).
Subsec. (a)(50). Pub. L. 106–386, § 1503(a), added par.
(50).
Subsec. (b)(1)(G). Pub. L. 106–279, § 302(a), added subpar. (G).
Subsec. (b)(2). Pub. L. 106–279, § 302(c), inserted ‘‘and
paragraph (1)(G)(i)’’ after ‘‘second proviso therein)’’.
Subsec. (f). Pub. L. 106–395 inserted at end: ‘‘In the
case of an alien who makes a false statement or claim
of citizenship, or who registers to vote or votes in a
Federal, State, or local election (including an initiative, recall, or referendum) in violation of a lawful restriction of such registration or voting to citizens, if
each natural parent of the alien (or, in the case of an
adopted alien, each adoptive parent of the alien) is or
was a citizen (whether by birth or naturalization), the
alien permanently resided in the United States prior to
attaining the age of 16, and the alien reasonably believed at the time of such statement, claim, or violation that he or she was a citizen, no finding that the
alien is, or was, not of good moral character may be
made based on it.’’
Subsec. (i). Pub. L. 106–386, § 107(e)(4), added subsec.
(i).
1999—Subsec. (a)(15)(H)(i)(a). Pub. L. 106–95, § 2(c),
struck out subcl. (a) which read as follows: ‘‘who is
coming temporarily to the United States to perform
services as a registered nurse, who meets the qualifications described in section 1182(m)(1) of this title, and
with respect to whom the Secretary of Labor determines and certifies to the Attorney General that an unexpired attestation is on file and in effect under section
1182(m)(2) of this title for each facility (which facility
shall include the petitioner and each worksite, other
than a private household worksite, if the worksite is
not the alien’s employer or controlled by the employer)
for which the alien will perform the services, or’’.

Page 31

TITLE 8—ALIENS AND NATIONALITY

Subsec. (a)(15)(H)(i)(c). Pub. L. 106–95, § 2(a), added
subcl. (c).
Subsec. (b)(1)(E). Pub. L. 106–139, § 1(a)(1), designated
existing provisions as cl. (i) and added cl. (ii).
Subsec. (b)(1)(F). Pub. L. 106–139, § 1(a)(2), designated
existing provisions as cl. (i), substituted ‘‘; or’’ for period at end, and added cl. (ii).
Subsec. (c)(1). Pub. L. 106–139, § 1(b)(1), substituted ‘‘16
years (except to the extent that the child is described
in subparagraph (E)(ii) or (F)(ii) of subsection (b)(1) of
this section),’’ for ‘‘sixteen years,’’.
1998—Subsec. (a)(9). Pub. L. 105–277, § 2222(e), inserted
‘‘or employee’’ after ‘‘other officer’’ and ‘‘or, when used
in subchapter III, for the purpose of adjudicating nationality’’ before period at end.
Subsec. (a)(15)(N). Pub. L. 105–277, § 421(b), inserted
‘‘(or under analogous authority under paragraph
(27)(L))’’ after ‘‘(27)(I)(i)’’ in cl. (i) and after ‘‘(27)(I)’’ in
cl. (ii).
Subsec. (a)(15)(Q). Pub. L. 105–319, § 2(e)(2), formerly
§ 2(d)(2), renumbered § 2(e)(2) and amended Pub. L.
108–449, § 1(a)(2)(B), (3)(A), struck out cl. (i) designation
before ‘‘an alien having a residence’’ and struck out at
end: ‘‘or (ii)(I) an alien citizen of the United Kingdom
or the Republic of Ireland, 21 to 35 years of age, unemployed for not less than 12 months, and having a residence for not less than 18 months in Northern Ireland,
or the counties of Louth, Monaghan, Cavan, Leitrim,
Sligo, and Donegal within the Republic of Ireland,
which the alien has no intention of abandoning who is
coming temporarily (for a period not to exceed 24
months) to the United States as a participant in a cultural and training program approved by the Secretary
of State and the Secretary of Homeland Security under
section 2(a) of the Irish Peace Process Cultural and
Training Program Act of 1998 for the purpose of providing practical training, employment, and the experience
of coexistence and conflict resolution in a diverse society, and (II) the alien spouse and minor children of any
such alien if accompanying the alien or following to
join the alien;’’.
Pub. L. 105–319, § 2(b)(1), designated existing provisions as cl. (i) and added cl. (ii).
Subsec. (a)(27)(L). Pub. L. 105–277, § 421(a), added subpar. (L).
1997—Subsec. (a)(27)(C)(ii)(II), (III). Pub. L. 105–54 substituted ‘‘2000’’ for ‘‘1997’’.
Subsec. (a)(27)(J). Pub. L. 105–119 amended subpar. (J)
generally. Prior to amendment, subpar. (J) read as follows: ‘‘an immigrant (i) who has been declared dependent on a juvenile court located in the United States or
whom such a court has legally committed to, or placed
under the custody of, an agency or department of a
State and who has been deemed eligible by that court
for long-term foster care, and (ii) for whom it has been
determined in administrative or judicial proceedings
that it would not be in the alien’s best interest to be
returned to the alien’s or parent’s previous country of
nationality or country of last habitual residence; except that no natural parent or prior adoptive parent of
any alien provided special immigrant status under this
subparagraph shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under
this chapter; or’’.
1996—Subsec. (a)(6). Pub. L. 104–208, § 104(a), inserted
at end ‘‘Such regulations shall provide that (A) each
such document include a biometric identifier (such as
the fingerprint or handprint of the alien) that is machine readable and (B) an alien presenting a border
crossing identification card is not permitted to cross
over the border into the United States unless the biometric identifier contained on the card matches the appropriate biometric characteristic of the alien.’’
Subsec. (a)(13). Pub. L. 104–208, § 301(a), amended par.
(13) generally. Prior to amendment, par. (13) read as
follows: ‘‘The term ‘entry’ means any coming of an
alien into the United States, from a foreign port or
place or from an outlying possession, whether voluntarily or otherwise, except that an alien having a lawful permanent residence in the United States shall not

§ 1101

be regarded as making an entry into the United States
for the purposes of the immigration laws if the alien
proves to the satisfaction of the Attorney General that
his departure to a foreign port or place or to an outlying possession was not intended or reasonably to be
expected by him or his presence in a foreign port or
place or in an outlying possession was not voluntary:
Provided, That no person whose departure from the
United States was occasioned by deportation proceedings, extradition, or other legal process shall be held to
be entitled to such exception.’’
Subsec. (a)(15)(F)(i). Pub. L. 104–208, § 625(a)(2), inserted ‘‘consistent with section 1184(l) of this title’’
after ‘‘such a course of study’’.
Subsec. (a)(15)(K). Pub. L. 104–208, § 308(f)(1)(A), substituted ‘‘admission’’ for ‘‘entry’’.
Subsec. (a)(15)(S). Pub. L. 104–208, § 671(a)(3)(B), substituted ‘‘section 1184(k)’’ for ‘‘section 1184(j)’’ in introductory provisions.
Subsec. (a)(17). Pub. L. 104–208, § 308(d)(4)(A), substituted ‘‘expulsion, or removal’’ for ‘‘or expulsion’’.
Subsec. (a)(30). Pub. L. 104–208, § 308(f)(1)(B), substituted ‘‘admission’’ for ‘‘entry’’.
Subsec. (a)(42). Pub. L. 104–208, § 601(a)(1), inserted at
end ‘‘For purposes of determinations under this chapter, a person who has been forced to abort a pregnancy
or to undergo involuntary sterilization, or who has
been persecuted for failure or refusal to undergo such a
procedure or for other resistance to a coercive population control program, shall be deemed to have been
persecuted on account of political opinion, and a person
who has a well founded fear that he or she will be
forced to undergo such a procedure or subject to persecution for such failure, refusal, or resistance shall be
deemed to have a well founded fear of persecution on
account of political opinion.’’
Subsec. (a)(43). Pub. L. 104–208, § 321(b), inserted at
end of concluding provisions ‘‘Notwithstanding any
other provision of law (including any effective date),
the term applies regardless of whether the conviction
was entered before, on, or after September 30, 1996.’’
Subsec. (a)(43)(A). Pub. L. 104–208, § 321(a)(1), inserted
‘‘, rape, or sexual abuse of a minor’’ after ‘‘murder’’.
Subsec. (a)(43)(D). Pub. L. 104–208, § 321(a)(2), substituted ‘‘$10,000’’ for ‘‘$100,000’’.
Subsec. (a)(43)(F). Pub. L. 104–208, § 322(a)(2)(A),
struck out ‘‘imposed (regardless of any suspension of
imprisonment)’’ after ‘‘term of imprisonment’’.
Pub. L. 104–208, § 321(a)(3), substituted ‘‘at least one
year’’ for ‘‘is at least 5 years’’.
Subsec. (a)(43)(G). Pub. L. 104–208, § 322(a)(2)(A), which
directed amendment of subpar. (G) by striking out ‘‘imposed (regardless of any suspension of imprisonment)’’,
was executed by striking out ‘‘imposed (regardless of
any suspension of such imprisonment)’’ after ‘‘term of
imprisonment’’ to reflect the probable intent of Congress.
Pub. L. 104–208, § 321(a)(3), substituted ‘‘at least one
year’’ for ‘‘is at least 5 years’’.
Subsec. (a)(43)(J). Pub. L. 104–208, § 321(a)(4), substituted ‘‘sentence of one year imprisonment’’ for ‘‘sentence of 5 years’ imprisonment’’.
Pub. L. 104–132, § 440(e)(1), inserted ‘‘, or an offense described in section 1084 (if it is a second or subsequent
offense) or 1955 of that title (relating to gambling offenses),’’ after ‘‘corrupt organizations)’’.
Subsec. (a)(43)(K)(i). Pub. L. 104–132, § 440(e)(2)(A),
struck out ‘‘or’’ at end.
Subsec. (a)(43)(K)(ii). Pub. L. 104–208, § 671(b)(5),
struck out comma after ‘‘1588’’.
Pub. L. 104–208, § 321(a)(5), inserted ‘‘if committed’’ before ‘‘for commercial advantage’’.
Pub. L. 104–132, § 440(e)(2)(C), added cl. (ii). Former cl.
(ii) redesignated (iii).
Subsec. (a)(43)(K)(iii). Pub. L. 104–132, § 440(e)(2)(B), redesignated cl. (ii) as (iii).
Subsec. (a)(43)(L)(iii). Pub. L. 104–208, § 321(a)(6), added
cl. (iii).
Subsec. (a)(43)(M). Pub. L. 104–208, § 321(a)(7), substituted ‘‘$10,000’’ for ‘‘$200,000’’ in cls. (i) and (ii).

§ 1101

TITLE 8—ALIENS AND NATIONALITY

Subsec. (a)(43)(N). Pub. L. 104–208, § 322(a)(2)(A), which
directed amendment of subpar. (N) by striking ‘‘imposed (regardless of any suspension of imprisonment)’’,
could not be executed because that phrase did not appear subsequent to amendment by Pub. L. 104–208,
§ 321(a)(8). See below.
Pub. L. 104–208, § 321(a)(8), substituted ‘‘, except in the
case of a first offense for which the alien has affirmatively shown that the alien committed the offense for
the purpose of assisting, abetting, or aiding only the
alien’s spouse, child, or parent (and no other individual) to violate a provision of this chapter’’ for ‘‘for
which the term of imprisonment imposed (regardless of
any suspension of imprisonment) at least one year;’’.
Pub. L. 104–208, § 321(a)(3), substituted ‘‘at least one
year’’ for ‘‘is at least 5 years’’.
Pub. L. 104–132, § 440(e)(3), amended subpar. (N) generally. Prior to amendment, subpar. (N) read as follows:
‘‘an offense described in section 274(a)(1) of title 18,
United States Code (relating to alien smuggling) for
the purpose of commercial advantage;’’.
Subsec. (a)(43)(O). Pub. L. 104–132, § 440(e)(7), added
subpar. (O).
Pub. L. 104–132, § 440(e)(6), redesignated subpar. (O) as
(P).
Pub. L. 104–132, § 440(e)(4), amended subpar. (O) generally. Prior to amendment subpar. (O) read as follows:
‘‘an offense described in section 1546(a) of title 18 (relating to document fraud) which constitutes trafficking in
the documents described in such section for which the
term of imprisonment imposed (regardless of any suspicion of such imprisonment) is at least 5 years;’’.
Subsec. (a)(43)(P). Pub. L. 104–208, § 322(a)(2)(A), which
directed amendment of subpar. (P) by striking out ‘‘imposed (regardless of any suspension of imprisonment)’’,
was executed by striking out ‘‘imposed (regardless of
any suspension of such imprisonment)’’ after ‘‘term of
imprisonment’’ to reflect the probable intent of Congress.
Pub. L. 104–208, § 321(a)(9), substituted ‘‘12 months, except in the case of a first offense for which the alien
has affirmatively shown that the alien committed the
offense for the purpose of assisting, abetting, or aiding
only the alien’s spouse, child, or parent (and no other
individual) to violate a provision of this chapter’’ for
‘‘18 months’’.
Pub. L. 104–208, § 321(a)(3), which directed amendment
of subpar. (P) by substituting ‘‘at least one year’’ for
‘‘is at least 5 years’’, could not be executed because ‘‘is
at least 5 years’’ did not appear subsequent to amendments by Pub. L. 104–132, § 440(e)(4), (6). See above.
Pub. L. 104–132, § 440(e)(6), redesignated subpar. (O) as
(P). Former subpar. (P) redesignated (Q).
Pub. L. 104–132, § 440(e)(5), substituted ‘‘5 years or
more;’’ for ‘‘15 years or more; and’’.
Subsec. (a)(43)(Q). Pub. L. 104–132, § 440(e)(6), redesignated subpar. (P) as (Q). Former subpar. (Q) redesignated (U).
Subsec. (a)(43)(R). Pub. L. 104–208, § 321(a)(10), substituted ‘‘for which the term of imprisonment is at
least one year’’ for ‘‘for which a sentence of 5 years’ imprisonment or more may be imposed’’.
Pub. L. 104–132, § 440(e)(8), added subpar. (R).
Subsec. (a)(43)(S). Pub. L. 104–208, § 321(a)(11), substituted ‘‘for which the term of imprisonment is at
least one year’’ for ‘‘for which a sentence of 5 years’ imprisonment or more may be imposed’’.
Pub. L. 104–132, § 440(e)(8), added subpar. (S).
Subsec. (a)(43)(T). Pub. L. 104–132, § 440(e)(8), added
subpar. (T).
Subsec. (a)(43)(U). Pub. L. 104–132, § 440(e)(6), redesignated subpar. (Q) as (U).
Subsec. (a)(47). Pub. L. 104–132, § 440(b), added par. (47).
Subsec. (a)(48). Pub. L. 104–208, § 322(a)(1), added par.
(48).
Subsec. (a)(49). Pub. L. 104–208, § 361(a), added par. (49).
Subsec. (b)(4). Pub. L. 104–208, § 371(a), amended par.
(4) generally. Prior to amendment, par. (4) read as follows: ‘‘The term ‘special inquiry officer’ means any immigration officer who the Attorney General deems spe-

Page 32

cially qualified to conduct specified classes of proceedings, in whole or in part, required by this chapter to be
conducted by or before a special inquiry officer and who
is designated and selected by the Attorney General, individually or by regulation, to conduct such proceedings. Such special inquiry officer shall be subject to
such supervision and shall perform such duties, not inconsistent with this chapter, as the Attorney General
shall prescribe.’’
Subsec. (c)(1). Pub. L. 104–208, § 671(e)(2), substituted
‘‘and 1432’’ for ‘‘, 1432, and 1433’’.
Subsec. (f)(3). Pub. L. 104–208, § 308(d)(3)(A), substituted ‘‘inadmissible’’ for ‘‘excludable’’.
Subsec. (g). Pub. L. 104–208, § 308(e)(3), substituted
‘‘deported or removed’’ for ‘‘deported’’ in two places.
1995—Subsec. (b)(1)(A). Pub. L. 104–51, § 1(1)(A), substituted ‘‘child born in wedlock’’ for ‘‘legitimate
child’’.
Subsec. (b)(1)(D). Pub. L. 104–51, § 1(1)(B), substituted
‘‘a child born out of wedlock’’ for ‘‘an illegitimate
child’’.
Subsec. (b)(2). Pub. L. 104–51, § 1(2) substituted ‘‘a
child born out of wedlock’’ for ‘‘an illegitimate child’’.
1994—Subsec. (a)(1). Pub. L. 103–236 substituted ‘‘official designated by the Secretary of State pursuant to
section 1104(b) of this title’’ for ‘‘Assistant Secretary of
State for Consular Affairs’’.
Subsec. (a)(15)(S). Pub. L. 103–322 added subpar. (S).
Subsec. (a)(27)(C)(ii)(II), (III). Pub. L. 103–416, § 214,
substituted ‘‘1997,’’ for ‘‘1994,’’.
Subsec. (a)(27)(D). Pub. L. 103–416, § 201, inserted ‘‘or
of the American Institute in Taiwan,’’ after ‘‘Government abroad,’’ and ‘‘(or, in the case of the American Institute in Taiwan, the Director thereof)’’ after ‘‘Service
establishment’’.
Subsec. (a)(27)(F)(ii). Pub. L. 103–337 inserted ‘‘or continues to be employed by the United States Government in an area of the former Canal Zone’’ after ‘‘employment’’.
Subsec. (a)(27)(I)(iii)(II). Pub. L. 103–416, § 202, added
subcl. (II) and struck out former subcl. (II) which read
as follows: ‘‘files a petition for status under this subparagraph before January 1, 1993, and no later than six
months after the date of such retirement or six months
after October 24, 1988, whichever is later; or’’.
Subsec. (a)(27)(J)(i). Pub. L. 103–416, § 219(a), substituted ‘‘or whom such a court has legally committed
to, or placed under the custody of, an agency or department of a State and who has’’ for ‘‘and has’’ before
‘‘been deemed’’.
Subsec. (a)(43). Pub. L. 103–416, § 222(a), amended par.
(43) generally. Prior to amendment, par. (43) read as
follows: ‘‘The term ‘aggravated felony’ means murder,
any illicit trafficking in any controlled substance (as
defined in section 802 of title 21), including any drug
trafficking crime as defined in section 924(c)(2) of title
18, or any illicit trafficking in any firearms or destructive devices as defined in section 921 of such title, any
offense described in section 1956 of title 18 (relating to
laundering of monetary instruments), or any crime of
violence (as defined in section 16 of title 18, not including a purely political offense) for which the term of imprisonment imposed (regardless of any suspension of
such imprisonment) is at least 5 years, or any attempt
or conspiracy to commit any such act. Such term applies to offenses described in the previous sentence
whether in violation of Federal or State law and also
applies to offenses described in the previous sentence in
violation of foreign law for which the term of imprisonment was completed within the previous 15 years.’’
1991—Subsec. (a)(15)(D)(i). Pub. L. 102–232, § 309(b)(1),
inserted a comma after ‘‘States)’’.
Subsec. (a)(15)(H)(i)(b). Pub. L. 102–232, § 303(a)(7)(A),
struck out ‘‘, and had approved by,’’ after ‘‘has filed
with’’.
Pub. L. 102–232, § 303(a)(5)(A), inserted ‘‘subject to section 1182(j)(2) of this title,’’ after ‘‘or (b)’’.
Pub. L. 102–232, § 207(b), inserted ‘‘or as a fashion
model’’ after ‘‘section 1184(i)(1) of this title’’ and ‘‘or, in
the case of a fashion model, is of distinguished merit
and ability’’ after ‘‘section 1184(i)(2) of this title’’.

Page 33

TITLE 8—ALIENS AND NATIONALITY

Subsec. (a)(15)(O)(i). Pub. L. 102–232, § 205(b), struck
out before semicolon at end ‘‘, but only if the Attorney
General determines that the alien’s entry into the
United States will substantially benefit prospectively
the United States’’.
Subsec. (a)(15)(O)(ii)(III)(b). Pub. L. 102–232, § 205(c),
substituted ‘‘significant production (including pre- and
post-production work)’’ for ‘‘significant principal photography’’.
Subsec. (a)(15)(P)(i). Pub. L. 102–232, § 203(a), amended
cl. (i) generally. Prior to amendment, cl. (i) read as follows:
‘‘(I) performs as an athlete, individually or as part of
a group or team, at an internationally recognized level
of performance, or performs as part of an entertainment group that has been recognized internationally as
being outstanding in the discipline for a sustained and
substantial period of time and has had a sustained and
substantial relationship with that group over a period
of at least 1 year and provides functions integral to the
performance of the group, and
‘‘(II) seeks to enter the United States temporarily
and solely for the purpose of performing as such an athlete or entertainer with respect to a specific athletic
competition or performance;’’.
Subsec. (a)(15)(P)(ii)(II). Pub. L. 102–232, § 206(b), (c)(1),
inserted ‘‘or organizations’’ after ‘‘and an organization’’ and struck out before semicolon at end
‘‘, between the United States and the foreign states involved’’.
Subsec. (a)(15)(P)(iii)(II). Pub. L. 102–232, § 206(d), substituted ‘‘to perform, teach, or coach’’ for ‘‘for the purpose of performing’’ and inserted ‘‘commercial or noncommercial’’ before ‘‘program’’.
Subsec. (a)(15)(Q). Pub. L. 102–232, § 303(a)(14), substituted ‘‘approved’’ for ‘‘designated’’.
Subsec. (a)(24). Pub. L. 102–232, § 305(m)(1), struck out
par. (24) which defined ‘‘naturalization court’’.
Subsec. (a)(27)(I)(ii)(II), (iii)(II). Pub. L. 102–232,
§ 302(e)(8)(A), substituted ‘‘files a petition for status’’
for ‘‘applies for a visa or adjustment of status’’.
Subsec. (a)(27)(K). Pub. L. 102–110 added subpar. (K).
Subsec. (a)(43). Pub. L. 102–232, § 306(a)(1), struck out
comma before period at end of first sentence.
Subsec. (a)(46). Pub. L. 102–232, § 205(a), added par. (46).
Subsec. (c)(1). Pub. L. 102–232, § 309(b)(4), struck out
reference to section 1434.
1990—Subsec. (a)(15)(D)(i). Pub. L. 101–649, § 203(c),
substituted ‘‘a capacity’’ for ‘‘any capacity’’ and inserted ‘‘, as defined in section 1288(a) of this title’’ after
‘‘on board a vessel’’.
Subsec. (a)(15)(E)(i). Pub. L. 101–649, § 204(a), inserted
‘‘, including trade in services or trade in technology’’
after ‘‘substantial trade’’.
Subsec. (a)(15)(H). Pub. L. 101–649, § 205(e)(1), struck
out ‘‘having a residence in a foreign country which he
has no intention of abandoning’’ after ‘‘an alien’’.
Subsec. (a)(15)(H)(i)(a). Pub. L. 101–649, § 162(f)(2)(A),
substituted ‘‘for each facility (which facility shall include the petitioner and each worksite, other than a
private household worksite, if the worksite is not the
alien’s employer or controlled by the employer) for
which the alien will perform the services, or’’ for ‘‘for
the facility for which the alien will perform the services, or’’.
Subsec. (a)(15)(H)(i)(b). Pub. L. 101–649, § 205(c)(1), substituted ‘‘who is coming temporarily to the United
States to perform services (other than services described in subclause (a) during the period in which such
subclause applies and other than services described in
subclause (ii)(a) or in subparagraph (O) or (P)) in a specialty occupation described in section 1184(i)(1) of this
title, who meets the requirements for the occupation
specified in section 1184(i)(2) of this title, and with respect to whom the Secretary of Labor determines and
certifies to the Attorney General that the intending
employer has filed with, and had approved by, the Secretary an application under section 1182(n)(1) of this
title’’ for ‘‘who is of distinguished merit and ability
and who is coming temporarily to the United States to

§ 1101

perform services (other than services as a registered
nurse) of an exceptional nature requiring such merit
and ability, and who, in the case of a graduate of a
medical school coming to the United States to perform
services as a member of the medical profession, is coming pursuant to an invitation from a public or nonprofit private educational or research institution or
agency in the United States to teach or conduct research, or both, at or for such institution or agency’’.
Subsec. (a)(15)(H)(ii). Pub. L. 101–649, § 205(e)(2), (3),
substituted ‘‘(a) having a residence in a foreign country
which he has no intention of abandoning who is coming
temporarily to the United States’’ for ‘‘who is coming
temporarily to the United States (a)’’, and in subcl. (b)
inserted ‘‘having a residence in a foreign country which
he has no intention of abandoning who is coming temporarily to the United States’’ after ‘‘(b)’’.
Subsec. (a)(15)(H)(iii). Pub. L. 101–649, § 205(e)(4), inserted ‘‘having a residence in a foreign country which
he has no intention of abandoning’’ after ‘‘(iii)’’.
Pub. L. 101–649, § 205(d), inserted ‘‘, in a training program that is not designed primarily to provide productive employment’’ before semicolon at end.
Subsec. (a)(15)(L). Pub. L. 101–649, § 206(c), substituted
‘‘within 3 years preceding’’ for ‘‘immediately preceding’’.
Subsec. (a)(15)(O), (P). Pub. L. 101–649, § 207(a), added
subpars. (O) and (P).
Subsec. (a)(15)(Q). Pub. L. 101–649, § 208, added subpar.
(Q).
Subsec. (a)(15)(R). Pub. L. 101–649, § 209(a), added subpar. (R).
Subsec. (a)(27)(C). Pub. L. 101–649, § 151(a), amended
subpar. (C) generally. Prior to amendment, subpar. (C)
read as follows: ‘‘(i) an immigrant who continuously for
at least two years immediately preceding the time of
his application for admission to the United States has
been, and who seeks to enter the United States solely
for the purpose of carrying on the vocation of minister
of a religious denomination, and whose services are
needed by such religious denomination having a bona
fide organization in the United States; and (ii) the
spouse or the child of any such immigrant, if accompanying or following to join him;’’.
Subsec. (a)(27)(J). Pub. L. 101–649, § 153(a), added subpar. (J).
Subsec. (a)(36). Pub. L. 101–649, § 407(a)(2), struck out
‘‘(except as used in section 1421(a) of this title)’’ after
‘‘includes’’.
Subsec. (a)(43). Pub. L. 101–649, § 501(a)(6), inserted
‘‘and also applies to offenses described in the previous
sentence in violation of foreign law for which the term
of imprisonment was completed within the previous 15
years’’ after ‘‘Federal or State law’’.
Pub. L. 101–649, § 501(a)(5), inserted at end ‘‘Such term
applies to offenses described in the previous sentence
whether in violation of Federal or State law.’’
Pub. L. 101–649, § 501(a)(4), struck out ‘‘committed
within the United States’’ after ‘‘to commit any such
act,’’.
Pub. L. 101–649, § 501(a)(3), inserted ‘‘any offense described in section 1956 of title 18 (relating to laundering
of monetary instruments), or any crime of violence (as
defined in section 16 of title 18, not including a purely
political offense) for which the term of imprisonment
imposed (regardless of any suspension of such imprisonment) is at least 5 years,’’ after ‘‘section 921 of such
title,’’.
Pub. L. 101–649, § 501(a)(2), inserted ‘‘any illicit trafficking in any controlled substance (as defined in section 802 of title 21), including’’ after ‘‘murder,’’.
Pub. L. 101–649, § 501(a)(1), aligned margin of par. (43).
Subsec. (a)(44). Pub. L. 101–649, § 123, added par. (44).
Subsec. (a)(45). Pub. L. 101–649, § 204(c), added par. (45).
Subsec. (f)(3). Pub. L. 101–649, § 603(a)(1)(A), substituted ‘‘paragraphs (2)(D), (6)(E), and (9)(A)’’ for
‘‘paragraphs (11), (12), and (31)’’.
Pub. L. 101–649, § 603(a)(1)(B), substituted ‘‘subparagraphs (A) and (B) of section 1182(a)(2) of this title and
subparagraph (C) thereof’’ for ‘‘paragraphs (9) and (10)
of section 1182(a) of this title and paragraph (23)’’.

§ 1101

TITLE 8—ALIENS AND NATIONALITY

Subsec. (f)(8). Pub. L. 101–649, § 509(a), substituted ‘‘an
aggravated felony (as defined in subsection (a)(43) of
this section)’’ for ‘‘the crime of murder’’.
Subsec. (h). Pub. L. 101–649, § 603(a)(1)(C), substituted
‘‘1182(a)(2)(E) of this title’’ for ‘‘1182(a)(34) of this title’’.
Pub. L. 101–246 added subsec. (h).
1989—Subsec. (a)(15)(H)(i). Pub. L. 101–238 added subcl.
(a), designated existing provisions as subcl. (b), and inserted ‘‘(other than services as a registered nurse)’’
after ‘‘to perform services’’.
Subsec. (b)(2). Pub. L. 101–162 inserted before period
at end ‘‘, except that, for purposes of paragraph (1)(F)
(other than the second proviso therein) in the case of
an illegitimate child described in paragraph (1)(D) (and
not described in paragraph (1)(C)), the term ‘parent’
does not include the natural father of the child if the
father has disappeared or abandoned or deserted the
child or if the father has in writing irrevocably released
the child for emigration and adoption’’.
1988—Subsec. (a)(15)(J). Pub. L. 100–525, § 9(a)(1), substituted ‘‘Director of the United States Information
Agency’’ for ‘‘Secretary of State’’.
Subsec. (a)(27)(I)(i)(II), (ii)(II), (iii)(II). Pub. L. 100–525,
§ 2(o)(1), substituted ‘‘October 24, 1988’’ for ‘‘November 6,
1986’’ and ‘‘applies for a visa or adjustment of status’’
for ‘‘applies for admission’’.
Subsec. (a)(38). Pub. L. 100–525, § 9(a)(2), struck out
‘‘For the purpose of issuing certificates of citizenship
to persons who are citizens of the United States, the
term ‘United States’ as used in section 1452 of this title
includes the Canal Zone.’’
Subsec. (a)(43). Pub. L. 100–690 added par. (43).
Subsec. (b)(2). Pub. L. 100–459, temporarily inserted
before period at end ‘‘, except that, for purposes of
paragraph (1)(F) in the case of an illegitimate child described in paragraph (1)(D) (and not described in paragraph (1)(C)), the term ‘parent’ does not include the
natural father of the child if the father has disappeared
or abandoned or deserted the child or if the father has
in writing irrevocably released the child for emigration
and adoption’’. See Effective and Termination Dates of
1988 Amendments note below.
Subsec. (c)(1). Pub. L. 100–525, § 8(b), repealed Pub. L.
99–653, § 3. See 1986 Amendment note below.
Subsec. (d). Pub. L. 100–525, § 9(a)(3), struck out subsec. (d) defining ‘‘veteran’’, ‘‘Spanish-American War’’,
‘‘World War I’’, ‘‘World War II’’, and ‘‘Korean hostilities’’ as those terms were used in part III of subchapter III of this chapter.
1986—Subsec. (a)(15)(D). Pub. L. 99–505 designated existing provisions as cl. (i) and added cl. (ii).
Subsec. (a)(15)(H). Pub. L. 99–603, § 301(a), designated
existing provisions of cl. (ii) as subcl. (b) and added
subcl. (a) relating to persons performing agricultural
labor or services as defined by the Secretary of Labor
in regulations and including agricultural labor as defined in section 3121(g) of title 26 and agriculture as defined in section 203(f) of title 29 of a temporary or seasonal nature.
Subsec. (a)(15)(N). Pub. L. 99–603, § 312(b), added subpar. (N).
Subsec. (a)(27)(I). Pub. L. 99–603, § 312(a), added subpar. (I).
Subsec. (b)(1)(D). Pub. L. 99–603, § 315(a), inserted ‘‘or
to its natural father if the father has or had a bona fide
parent-child relationship with the person’’.
Subsec. (b)(1)(E). Pub. L. 99–653, § 2, struck out
‘‘thereafter’’ after ‘‘the child has’’.
Subsec. (c)(1). Pub. L. 99–653, § 3, which struck out
par. (1) defining ‘‘child’’, was repealed by Pub. L.
100–525, § 8(b), and such par. (1) was revived as of Nov.
14, 1986, see Repeal and Revival note below.
1984—Subsec. (a)(9). Priv. L. 98–47 struck out provisions which directed that in Canal Zone and outlying
possessions of the United States ‘‘consular officer’’
meant an officer designated by the Governor of the
Canal Zone, or the governors of the outlying possessions for purposes of issuing immigrant or nonimmigrant visas under this chapter.
1981—Subsec. (a)(15)(F). Pub. L. 97–116, §§ 2(a)(1),
18(a)(1), substituted in cl. (i) ‘‘college, university, semi-

Page 34

nary, conservatory, academic high school, elementary
school, or other academic institution or in a language
training program’’ for ‘‘institution of learning or other
recognized place of study’’, and ‘‘Secretary of Education’’ for ‘‘Office of Education of the United States’’.
Subsec. (a)(15)(H), (J), (K), (L). Pub. L. 97–116,
§ 18(a)(2), substituted a semicolon for a period at end of
subpars. (H), (J), (K), and (L) and inserted ‘‘or’’ at end
of subpar. (L).
Subsec. (a)(15)(M). Pub. L. 97–116, § 2(a)(2), added subpar. (M).
Subsec. (a)(27)(H). Pub. L. 97–116, § 5(d)(1), added subpar. (H).
Subsec. (a)(33). Pub. L. 97–116, § 18(a)(3), struck out
provision that residence be considered continuous for
the purposes of sections 1482 and 1484 of this title where
there is a continuity of stay but not necessarily an uninterrupted physical presence in a foreign state or
states or outside the United States.
Subsec. (b)(1)(A), (B). Pub. L. 97–116, § 18(a)(5)(A),
struck out ‘‘or’’ at the end.
Subsec. (b)(1)(C). Pub. L. 97–116, § 18(a)(5)(B), substituted a semicolon for the period at end.
Subsec. (b)(1)(E). Pub. L. 97–116, §§ 2(b), 18(a)(5)(C),
substituted ‘‘sixteen’’ for ‘‘fourteen’’, and ‘‘; or’’ for the
period at the end.
Subsec. (b)(1)(F). Pub. L. 97–116, § 2(b), substituted
‘‘sixteen’’ for ‘‘fourteen’’.
Subsec. (f). Pub. L. 97–116, § 2(c), struck out par. (2)
which provided that a person not be considered a person of good moral character if within the period for
which good moral character is required to be established the person commits adultery, and substituted in
par. (3) ‘‘paragraphs (9) and (10) of section 1182(a) of this
title and paragraph (23) of such section (except as such
paragraph relates to a single offense of simple possession of 30 grams or less of marihuana)’’ for ‘‘paragraphs
(9), (10), and (23) of section 1182(a) of this title’’.
1980—Subsec. (a)(42). Pub. L. 96–212 added par. (42).
1979—Subsec. (a)(27)(E) to (G). Pub. L. 96–70 added
subpars. (E) to (G).
1977—Subsec. (a)(1). Pub. L. 95–105 substituted ‘‘Assistant Secretary of State for Consular Affairs’’ for
‘‘administrator of the Bureau of Security and Consular
Affairs of the Department of State’’.
Subsec. (a)(41). Pub. L. 95–83 inserted ‘‘a’’ after ‘‘graduates of’’ and ‘‘, other than such aliens who are of national or international renown in the field of medicine’’
after ‘‘in a foreign state’’.
1976—Subsec. (a)(15)(H)(i). Pub. L. 94–484, § 601(b)(1),
inserted ‘‘, and who, in the case of a graduate of a medical school coming to the United States to perform
services as a member of the medical profession, is coming pursuant to an invitation from a public or nonprofit private educational or research institution or
agency in the United States to teach or conduct research, or both, at or for such institution or agency’’.
Subsec. (a)(15)(H)(ii). Pub. L. 94–484, § 601(b)(2), inserted ‘‘, but this clause shall not apply to graduates of
medical schools coming to the United States to perform services as members of the medical profession’’.
Subsec. (a)(15)(H)(iii). Pub. L. 94–484, § 601(b)(3), inserted ‘‘, other than to receive graduate medical education or training’’.
Subsec. (a)(15)(J). Pub. L. 94–484, § 601(b)(4), inserted
‘‘and who, if he is coming to the United States to participate in a program under which he will receive graduate medical education or training, also meets the requirements of section 1182(j) of this title’’.
Subsec. (a)(27). Pub. L. 94–571 struck out subpar. (A)
provision defining term ‘‘special immigrant’’ to include
an immigrant born in any independent foreign country
of the Western Hemisphere or in the Canal Zone and
the spouse and children of any such immigrant, if accompanying, or following to join him and restricting
issuance of an immigrant visa until consular officer
was in receipt of a determination made by the Secretary of Labor pursuant to former provisions of section 1182(a)(14) of this title; and redesignated as subpars. (A) to (D) former subpars. (B) to (E).

Page 35

TITLE 8—ALIENS AND NATIONALITY

Subsec. (a)(41). Pub. L. 94–484, § 601(e), added par. (41).
1975—Subsec. (b)(1)(F). Pub. L. 94–155 provided for
adoption of alien children under the age of fourteen by
unmarried United States citizens who are at least
twenty-five years of age and inserted requirement that
before adoption the Attorney General be satisfied that
proper care will be provided the child after admission.
1970—Subsec. (a)(15)(H). Pub. L. 91–225, § 1(a), provided
for nonimmigrant alien status for alien spouse and
minor children of any alien specified in par. (H) if accompanying him or following to join him and struck
out ‘‘temporary’’, ‘‘other’’, and ‘‘industrial’’ before
‘‘services’’, ‘‘temporary services’’, and ‘‘trainee’’ in cls.
(i) to (iii), respectively.
Subsec. (a)(15)(K), (L). Pub. L. 91–225, § 1(b), added subpars. (K) and (L).
1966—Subsec. (a)(38). Pub. L. 89–710 inserted sentence
providing that term ‘‘United States’’ as used in section
1452 of this title, for the purpose of issuing certificates
of citizenship to persons who are citizens of the United
States, shall include the Canal Zone.
1965—Subsec. (a)(27). Pub. L. 89–236, § 8(a), substituted
‘‘special immigrant’’ for ‘‘nonquota immigrant’’ as
term being defined.
Subsec. (a)(32). Pub. L. 89–236, § 8(b), substituted term
‘‘profession’’ and its definition for term ‘‘quota immigrant’’ and its definition.
Subsec. (b)(1)(F). Pub. L. 89–236, § 8(c), expanded definition to include a child, under the age of 14 at the
time a petition is filed in his behalf to accord a classification as an immediate relative or who is an orphan
because of the death or disappearance of, abandonment
or desertion by, or separation or loss from, both parents, or for whom the sole or surviving parent is incapable of providing the proper care which will be provided the child if admitted to the United States and
who has in writing irrevocably released the child for
emigration and adoption, and made minor amendments
in the existing definition.
Subsec. (b)(6). Pub. L. 89–236, § 24, struck out par. (6)
which defined term ‘‘eligible orphan’’.
1961—Subsec. (a)(15). Pub. L. 87–256 included the alien
spouse and minor children of any such alien if accompanying him or following to join him in subpar. (F),
and added subpar. (J).
Subsec. (b)(1)(F). Pub. L. 87–301, § 2, added subpar. (F).
Subsec. (b)(6). Pub. L. 87–301, § 1, added par. (6).
Subsec. (d)(1). Pub. L. 87–301, § 7(a), inserted ‘‘or from
June 25, 1950, to July 1, 1955,’’.
Subsec. (d)(2). Pub. L. 87–301, § 7(b), inserted definition
of ‘‘Korean hostilities’’.
1959—Subsec. (a)(36). Pub. L. 86–3 struck out reference
to Hawaii.
1958—Subsec. (a)(36). Pub. L. 85–508 struck out reference to Alaska.
1957—Subsec. (b)(1). Pub. L. 85–316 inserted ‘‘whether
or not born out of wedlock’’ in subpar. (B), and added
subpars. (D) and (E).
EFFECTIVE DATE OF 2010 AMENDMENT
Pub. L. 111–306, § 1(b), Dec. 14, 2010, 124 Stat. 3280, provided that:
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
the amendments made by subsection (a) [amending this
section] shall—
‘‘(A) take effect on the date that is 180 days after
the date of the enactment of this Act [Dec. 14, 2010];
and
‘‘(B) apply with respect to applications for a nonimmigrant visa under section 101(a)(15)(F)(i) of the
Immigration
and
Nationality
Act
(8
U.S.C.
1101(a)(15)(F)(i)) that are filed on or after the effective
date described in subparagraph (A).
‘‘(2) TEMPORARY EXCEPTION.—
GENERAL.—Notwithstanding
section
‘‘(A)
IN
101(a)(15)(F)(i) of the Immigration and Nationality
Act, as amended by subsection (a), during the 3-year
period beginning on the date of the enactment of this
Act, an alien seeking to enter the United States to
pursue a course of study at a language training pro-

§ 1101

gram that has been certified by the Secretary of
Homeland Security and has not been accredited or denied accreditation by an entity described in section
101(a)(52) of such Act [8 U.S.C. 1101(a)(52)] may be
granted a nonimmigrant visa under such section
101(a)(15)(F)(i).
‘‘(B) ADDITIONAL REQUIREMENT.—An alien may not
be granted a nonimmigrant visa under subparagraph
(A) if the sponsoring institution of the language
training program to which the alien seeks to enroll
does not—
‘‘(i) submit an application for the accreditation of
such program to a regional or national accrediting
agency recognized by the Secretary of Education
within 1 year after the date of the enactment of
this Act; and
‘‘(ii) comply with the applicable accrediting requirements of such agency.’’
Pub. L. 111–287, § 4, Nov. 30, 2010, 124 Stat. 3059, provided that:
‘‘(a) IN GENERAL.—Except as provided in subsection
(b), the amendments made by this Act [amending this
section and section 1182 of this title] shall take effect
on the date of the enactment of this Act [Nov. 30, 2010].
‘‘(b) EXCEPTION.—An alien who is described in section
101(b)(1)(G)(iii) of the Immigration and Nationality Act
[8 U.S.C. 1101(b)(1)(G)(iii)], as added by section 3, and
attained 18 years of age on or after April 1, 2008, shall
be deemed to meet the age requirement specified in
subclause (III) of such section if a petition for classification of the alien as an immediate relative under
section 201(b) of the Immigration and Nationality Act
(8 U.S.C. 1151(b)) is filed not later than 2 years after the
date of the enactment of this Act.’’
EFFECTIVE DATE OF 2008 AMENDMENT
Pub. L. 110–457, title II, § 201(f), Dec. 23, 2008, 122 Stat.
5054, provided that: ‘‘The amendments made by this
section [amending this section and sections 1184 and
1255 of this title] shall—
‘‘(1) take effect on the date of enactment of the Act
[Dec. 23, 2008]; and
‘‘(2) apply to applications for immigration benefits
filed on or after such date.’’
Pub. L. 110–391, § 2(d), Oct. 10, 2008, 122 Stat. 4193, provided that: ‘‘The amendments made by subsection (a)
[amending this section] shall take effect on the date
that the Secretary of Homeland Security submits the
certification described in subsection (b)(2) [set out as a
note below] stating that the final regulations required
by subsection (b)(1) [set out as a note below] have been
issued and are in effect [Notice that the regulations
have been issued and are in effect Nov. 26, 2008, was
published in the Federal Register, Nov. 26, 2008. See 73
F.R. 72298.].’’
Amendment by Pub. L. 110–229 effective on the transition program effective date described in section 1806 of
Title 48, Territories and Insular Possessions, see section 705(b) of Pub. L. 110–229, set out as an Effective
Date note under section 1806 of Title 48.
EFFECTIVE DATE OF 2006 AMENDMENT
Pub. L. 109–162, title VIII, § 822(c)(2), Jan. 5, 2006, 119
Stat. 3063, provided that: ‘‘The amendment made by
paragraph (1) [amending this section] shall be effective
as if included in section 603(a)(1) of the Immigration
Act of 1990 (Public Law 101–649; 104 Stat. 5082).’’
EFFECTIVE AND TERMINATION DATES OF 2003
AMENDMENTS
Pub. L. 108–99, § 2, Oct. 15, 2003, 117 Stat. 1176, provided
that: ‘‘The amendment made by section 1 [amending
this section] shall take effect on October 1, 2003.’’
Amendment by Pub. L. 108–77 effective on the date
the United States-Chile Free Trade Agreement enters
into force (Jan. 1, 2004), and ceases to be effective on
the date the Agreement ceases to be in force, see section 107 of Pub. L. 108–77, set out in a note under section 3805 of Title 19, Customs Duties.

§ 1101

TITLE 8—ALIENS AND NATIONALITY
EFFECTIVE DATE OF 2000 AMENDMENTS

Pub. L. 106–553, § 1(a)(2) [title XI, § 1102(e)], Dec. 21,
2000, 114 Stat. 2762, 2762A–144, provided that: ‘‘The
amendments made by this section [amending this section and sections 1184 and 1255 of this title] shall take
effect on the date of the enactment of this Act [Dec. 21,
2000] and shall apply to an alien who is the beneficiary
of a classification petition filed under section 204 of the
Immigration and Nationality Act [8 U.S.C. 1154] on or
before the date of the enactment of this Act.’’
Pub. L. 106–553, § 1(a)(2) [title XI, § 1103(d)], Dec. 21,
2000, 114 Stat. 2762, 2762A–146, provided that: ‘‘The
amendments made by this section [amending this section and sections 1184, 1186a, and 1255 of this title] shall
take effect on the date of the enactment of this Act
[Dec. 21, 2000] and shall apply to an alien who is the
beneficiary of a classification petition filed under section 204 of the Immigration and Nationality Act [8
U.S.C. 1154] before, on, or after the date of the enactment of this Act.’’
Pub. L. 106–409, § 2(b), Nov. 1, 2000, 114 Stat. 1787, provided that: ‘‘The amendment made by subsection (a)
[amending this section] shall take effect on October 1,
2000.’’
Pub. L. 106–395, title II, § 201(a)(2), Oct. 30, 2000, 114
Stat. 1633, provided that: ‘‘The amendment made by
paragraph (1) [amending this section] shall be effective
as if included in the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(Public Law 104–208; 110 Stat. 3009–546) and shall apply
to individuals having an application for a benefit under
the Immigration and Nationality Act [8 U.S.C. 1101 et
seq.] pending on or after September 30, 1996.’’
Amendment by Pub. L. 106–279 effective Apr. 1, 2008,
see section 505(a)(2), (b) of Pub. L. 106–279, set out as an
Effective Dates; Transition Rule note under section
14901 of Title 42, The Public Health and Welfare.
EFFECTIVE DATE OF 1999 AMENDMENT
Amendment by Pub. L. 106–95 applicable to classification petitions filed for nonimmigrant status only beginning on the date that interim or final regulations
are first promulgated and ending on the date 3 years
after Dec. 20, 2006, see section 2(e) of Pub. L. 106–95, as
amended, set out as a note under section 1182 of this
title.
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by section 2(e)(2) of Pub. L. 105–319 effective Oct. 1, 2008, see section 2(e)(2) of Pub. L. 105–319,
formerly set out in an Irish Peace Process Cultural and
Training Program note below.
EFFECTIVE DATE OF 1997 AMENDMENTS
Pub. L. 105–139, § 1(f), Dec. 2, 1997, 111 Stat. 2645, provided that: ‘‘The amendments made by this section
[amending provisions set out as notes under this section and sections 1151, 1153, and 1255 of this title]—
‘‘(1) shall take effect upon the enactment of the
Nicaraguan Adjustment and Central American Relief
Act [title II of Pub. L. 105–100, approved Nov. 19, 1997]
(as contained in the District of Columbia Appropriations Act, 1998); and
‘‘(2) shall be effective as if included in the enactment of such Act.’’
Section 1(b) of Pub. L. 105–54 provided that: ‘‘The
amendment made by subsection (a) [amending this section] shall take effect on the date of the enactment of
this Act [Oct. 6, 1997].’’
EFFECTIVE DATE OF 1996 AMENDMENTS
Pub. L. 104–208, div. C, title I, § 104(b), Sept. 30, 1996,
110 Stat. 3009–556, as amended by Pub. L. 105–277, div. A,
§ 101(b) [title IV, § 410(c)], Oct. 21, 1998, 112 Stat. 2681–50,
2681–104; Pub. L. 107–173, title VI, § 601, May 14, 2002, 116
Stat. 564, provided that:
‘‘(1) CLAUSE A.—Clause (A) of the sentence added by
the amendment made by subsection (a) [amending this

Page 36

section] shall apply to documents issued on or after 18
months after the date of the enactment of this Act
[Sept. 30, 1996].
‘‘(2) CLAUSE B.—Clause (B) of such sentence shall
apply to cards presented on or after 6 years after the
date of the enactment of this Act.’’
Section 309 of title III of div. C of Pub. L. 104–208, as
amended by Pub. L. 104–302, § 2(2), (3), Oct. 11, 1996, 110
Stat. 3657; Pub. L. 105–100, title II, §§ 203(a)–(c), 204(d),
Nov. 19, 1997, 111 Stat. 2196–2199, 2201; Pub. L. 105–139,
§ 1(c), Dec. 2, 1997, 111 Stat. 2644; Pub. L. 106–386, div. B,
title V, §§ 1506(b)(3), 1510(b), Oct. 28, 2000, 114 Stat. 1527,
1531; Pub. L. 106–554, § 1(a)(4) [div. B, title XV, § 1505(c)],
Dec. 21, 2000, 114 Stat. 2763, 2763A–327, provided that:
‘‘(a) IN GENERAL.—Except as provided in this section
and sections 303(b)(2), 306(c), 308(d)(2)(D), or 308(d)(5) of
this division [amending sections 1225, 1227, and 1251 of
this title, enacting provisions set out as notes under
sections 1225, 1226, 1227, and 1252 of this title, and repealing provisions set out as a note under section 1225
of this title], this subtitle [subtitle A (§§ 301–309) of title
III of div. C of Pub. L. 104–208, see Tables for classification] and the amendments made by this subtitle shall
take effect on the first day of the first month beginning
more than 180 days after the date of the enactment of
this Act [Sept. 30, 1996] (in this title [see Tables for
classification] referred to as the ‘title III–A effective
date’).
‘‘(b) PROMULGATION OF REGULATIONS.—The Attorney
General shall first promulgate regulations to carry out
this subtitle by not later than 30 days before the title
III–A effective date.
‘‘(c) TRANSITION FOR CERTAIN ALIENS.—
‘‘(1) GENERAL RULE THAT NEW RULES DO NOT APPLY.—
Subject to the succeeding provisions of this subsection, in the case of an alien who is in exclusion or
deportation proceedings before the title III–A effective date—
‘‘(A) the amendments made by this subtitle shall
not apply, and
‘‘(B) the proceedings (including judicial review
thereof) shall continue to be conducted without regard to such amendments.
‘‘(2) ATTORNEY GENERAL OPTION TO ELECT TO APPLY
NEW PROCEDURES.—In a case described in paragraph
(1) in which an evidentiary hearing under section 236
or 242 and 242B of the Immigration and Nationality
Act [8 U.S.C. 1226, 1252, former 1252b] has not commenced as of the title III–A effective date, the Attorney General may elect to proceed under chapter 4 of
title II of such Act [8 U.S.C. 1221 et seq.] (as amended
by this subtitle). The Attorney General shall provide
notice of such election to the alien involved not later
than 30 days before the date any evidentiary hearing
is commenced. If the Attorney General makes such
election, the notice of hearing provided to the alien
under section 235 or 242(a) of such Act [8 U.S.C. 1225,
1252(a)] shall be valid as if provided under section 239
of such Act [8 U.S.C. 1229] (as amended by this subtitle) to confer jurisdiction on the immigration
judge.
‘‘(3) ATTORNEY GENERAL OPTION TO TERMINATE AND
REINITIATE PROCEEDINGS.—In the case described in
paragraph (1), the Attorney General may elect to terminate proceedings in which there has not been a
final administrative decision and to reinitiate proceedings under chapter 4 of title II [of] the Immigration and Nationality Act [8 U.S.C. 1221 et seq.] (as
amended by this subtitle). Any determination in the
terminated proceeding shall not be binding in the reinitiated proceeding.
‘‘(4) TRANSITIONAL CHANGES IN JUDICIAL REVIEW.—In
the case in which a final order of exclusion or deportation is entered more than 30 days after the date of
the enactment of this Act [Sept. 30, 1996], notwithstanding any provision of section 106 of the Immigration and Nationality Act [former 8 U.S.C. 1105a] (as in
effect as of the date of the enactment of this Act) to
the contrary—
‘‘(A) in the case of judicial review of a final order
of exclusion, subsection (b) of such section shall not

Page 37

TITLE 8—ALIENS AND NATIONALITY

apply and the action for judicial review shall be
governed by the provisions of subsections (a) and (c)
of such [section] in the same manner as they apply
to judicial review of orders of deportation;
‘‘(B) a court may not order the taking of additional evidence under section 2347(c) of title 28,
United States Code;
‘‘(C) the petition for judicial review must be filed
not later than 30 days after the date of the final
order of exclusion or deportation;
‘‘(D) the petition for review shall be filed with the
court of appeals for the judicial circuit in which the
administrative proceedings before the special inquiry officer or immigration judge were completed;
‘‘(E) there shall be no appeal of any discretionary
decision under section 212(c), 212(h), 212(i), 244, or
245 of the Immigration and Nationality Act [8
U.S.C. former 1182(c), 1182(h), (i), former 1254, 1255]
(as in effect as of the date of the enactment of this
Act [Sept. 30, 1996]);
‘‘(F) service of the petition for review shall not
stay the deportation of an alien pending the court’s
decision on the petition, unless the court orders
otherwise; and
‘‘(G) there shall be no appeal permitted in the
case of an alien who is inadmissible or deportable
by reason of having committed a criminal offense
covered
in
section
212(a)(2)
or
section
241(a)(2)(A)(iii), (B), (C), or (D) of the Immigration
and Nationality Act [8 U.S.C. 1182(a)(2), former
1251(a)(2)(A)(iii), (B), (C), (D)] (as in effect as of the
date of the enactment of this Act), or any offense
covered by section 241(a)(2)(A)(ii) of such Act (as in
effect on such date) for which both predicate offenses are, without regard to their date of commission, otherwise covered by section 241(a)(2)(A)(i) of
such Act (as so in effect).
‘‘(5) TRANSITIONAL RULES WITH REGARD TO SUSPENSION OF DEPORTATION.—
‘‘(A) IN GENERAL.—Subject to subparagraphs (B)
and (C), paragraphs (1) and (2) of section 240A(d) of
the Immigration and Nationality Act [8 U.S.C.
1229b(d)(1), (2)] (relating to continuous residence or
physical presence) shall apply to orders to show
cause (including those referred to in section
242B(a)(1) of the Immigration and Nationality Act
[former 8 U.S.C. 1252b(a)(1)], as in effect before the
title III–A effective date), issued before, on, or after
the date of the enactment of this Act [Sept. 30,
1996].
‘‘(B) EXCEPTION FOR CERTAIN ORDERS.—In any case
in which the Attorney General elects to terminate
and reinitiate proceedings in accordance with paragraph (3) of this subsection, paragraphs (1) and (2)
of section 240A(d) of the Immigration and Nationality Act [8 U.S.C. 1229b(d)(1), (2)] shall not apply to
an order to show cause issued before April 1, 1997.
‘‘(C) SPECIAL RULE FOR CERTAIN ALIENS GRANTED
TEMPORARY PROTECTION FROM DEPORTATION AND FOR
BATTERED SPOUSES AND CHILDREN.—
‘‘(i) IN GENERAL.—For purposes of calculating

the period of continuous physical presence under
section 244(a) of the Immigration and Nationality
Act [former 8 U.S.C. 1254(a)] (as in effect before
the title III–A effective date) or section 240A of
such Act [8 U.S.C. 1229b] (as in effect after the
title III–A effective date), subparagraph (A) of
this paragraph and paragraphs (1) and (2) of section 240A(d) of the Immigration and Nationality
Act shall not apply in the case of an alien, regardless of whether the alien is in exclusion or deportation proceedings before the title III–A effective
date, who has not been convicted at any time of
an aggravated felony (as defined in section 101(a)
of the Immigration and Nationality Act [8 U.S.C.
1101(a)]) and—
‘‘(I) was not apprehended after December 19,
1990, at the time of entry, and is—
‘‘(aa) a Salvadoran national who first entered the United States on or before Septem-

§ 1101

ber 19, 1990, and who registered for benefits
pursuant to the settlement agreement in
American Baptist Churches, et al. v. Thornburgh (ABC), 760 F. Supp. 796 (N.D. Cal. 1991)
on or before October 31, 1991, or applied for
temporary protected status on or before October 31, 1991; or
‘‘(bb) a Guatemalan national who first entered the United States on or before October
1, 1990, and who registered for benefits pursuant to such settlement agreement on or before December 31, 1991;
‘‘(II) is a Guatemalan or Salvadoran national
who filed an application for asylum with the
Immigration and Naturalization Service on or
before April 1, 1990;
‘‘(III) is the spouse or child (as defined in section 101(b)(1) of the Immigration and Nationality Act [8 U.S.C. 1101(b)(1)]) of an individual, at
the time a decision is rendered to suspend the
deportation, or cancel the removal, of such individual, if the individual has been determined to
be described in this clause (excluding this subclause and subclause (IV));
‘‘(IV) is the unmarried son or daughter of an
alien parent, at the time a decision is rendered
to suspend the deportation, or cancel the removal, of such alien parent, if—
‘‘(aa) the alien parent has been determined
to be described in this clause (excluding this
subclause and subclause (III)); and
‘‘(bb) in the case of a son or daughter who is
21 years of age or older at the time such decision is rendered, the son or daughter entered
the United States on or before October 1, 1990;
‘‘(V) is an alien who entered the United States
on or before December 31, 1990, who filed an application for asylum on or before December 31,
1991, and who, at the time of filing such application, was a national of the Soviet Union, Russia, any republic of the former Soviet Union,
Latvia, Estonia, Lithuania, Poland, Czechoslovakia, Romania, Hungary, Bulgaria, Albania,
East Germany, Yugoslavia, or any state of the
former Yugoslavia; or
‘‘(VI) is an alien who was issued an order to
show cause or was in deportation proceedings
before April 1, 1997, and who applied for suspension of deportation under section 244(a)(3) of the
Immigration and Nationality Act [former 8
U.S.C. 1254(a)(3)] (as in effect before the date of
the enactment of this Act [Sept. 30, 1996]); or
‘‘(VII)(aa) was the spouse or child of an alien
described in subclause (I), (II), or (V)—
‘‘(AA) at the time at which a decision is
rendered to suspend the deportation or cancel
the removal of the alien;
‘‘(BB) at the time at which the alien filed an
application for suspension of deportation or
cancellation of removal; or
‘‘(CC) at the time at which the alien registered for benefits under the settlement
agreement in American Baptist Churches, et.
al. v. Thornburgh (ABC), applied for temporary protected status, or applied for asylum; and
‘‘(bb) the spouse, child, or child of the spouse
has been battered or subjected to extreme cruelty by the alien described in subclause (I), (II),
or (V).
‘‘(ii) LIMITATION ON JUDICIAL REVIEW.—A determination by the Attorney General as to whether
an alien satisfies the requirements of clause (i) is
final and shall not be subject to review by any
court. Nothing in the preceding sentence shall be
construed as limiting the application of section
242(a)(2)(B) of the Immigration and Nationality
Act [8 U.S.C. 1252(a)(2)(B)] (as in effect after the
title III–A effective date) to other eligibility determinations pertaining to discretionary relief

§ 1101

TITLE 8—ALIENS AND NATIONALITY

under this Act [probably should be ‘‘division’’, see
Short Title of 1996 Amendment note below].
‘‘(iii) CONSIDERATION OF PETITIONS.—In acting on
a petition filed under subclause (VII) of clause (i)
the provisions set forth in section 204(a)(1)(H)
[probably means section 204(a)(1)(H) of the Immigration and Nationality Act, which is classified
to section 1154(a)(1)(H) of this title] shall apply.
‘‘(iv) RESIDENCE WITH SPOUSE OR PARENT NOT REQUIRED.—For purposes of the application of clause
(i)(VII), a spouse or child shall not be required to
demonstrate that he or she is residing with the
spouse or parent in the United States.
‘‘(6) TRANSITION FOR CERTAIN FAMILY UNITY
ALIENS.—The Attorney General may waive the application of section 212(a)(9) of the Immigration and Nationality Act [8 U.S.C. 1182(a)(9)], as inserted by section 301(b)(1) of this division, in the case of an alien
who is provided benefits under the provisions of section 301 of the Immigration Act of 1990 [Pub. L.
101–649, set out as a note under section 1255a of this
title] (relating to family unity).
‘‘(7) LIMITATION ON SUSPENSION OF DEPORTATION.—
After April 1, 1997, the Attorney General may not suspend the deportation and adjust the status under section 244 of the Immigration and Nationality Act
[former 8 U.S.C. 1254] (as in effect before the title
III–A effective date) of any alien in any fiscal year,
except in accordance with section 240A(e) of such Act
[8 U.S.C. 1229b(e)]. The previous sentence shall apply
regardless of when an alien applied for such suspension and adjustment.
‘‘(d) TRANSITIONAL REFERENCES.—For purposes of carrying out the Immigration and Nationality Act [8
U.S.C. 1101 et seq.], as amended by this subtitle—
‘‘(1) any reference in section 212(a)(1)(A) of such Act
[8 U.S.C. 1182(a)(1)(A)] to the term ‘inadmissible’ is
deemed to include a reference to the term ‘excludable’, and
‘‘(2) any reference in law to an order of removal
shall be deemed to include a reference to an order of
exclusion and deportation or an order of deportation.
‘‘(e) TRANSITION.—No period of time before the date of
the enactment of this Act [Sept. 30, 1996] shall be included in the period of 1 year described in section
212(a)(6)(B)(i) of the Immigration and Nationality Act
[8 U.S.C. 1182(a)(6)(B)(i)] (as amended by section 301(c)
of this division).
‘‘(f) SPECIAL RULE FOR CANCELLATION OF REMOVAL.—
‘‘(1) IN GENERAL.—Subject to the provisions of the
Immigration and Nationality Act [8 U.S.C. 1101 et
seq.] (as in effect after the title III–A effective date),
other than subsections (b)(1), (d)(1), and (e) of section
240A of such Act [8 U.S.C. 1229b(b)(1), (d)(1), (e)] (but
including section 242(a)(2)(B) of such Act [8 U.S.C.
1252(a)(2)(B)]), the Attorney General may, under section 240A of such Act, cancel removal of, and adjust
to the status of an alien lawfully admitted for permanent residence, an alien who is inadmissible or deportable from the United States, if the alien applies
for such relief, the alien is described in subsection
(c)(5)(C)(i) of this section, and—
‘‘(A) the alien—
‘‘(i) is not inadmissible or deportable under
paragraph (2) or (3) of section 212(a) or paragraph
(2), (3), or (4) of section 237(a) of the Immigration
and Nationality Act [8 U.S.C. 1182(a)(2), (3),
1227(a)(3), (4)] and is not an alien described in section 241(b)(3)(B)(i) of such Act [8 U.S.C.
1231(b)(3)(B)(i)];
‘‘(ii) has been physically present in the United
States for a continuous period of not less than 7
years immediately preceding the date of such application;
‘‘(iii) has been a person of good moral character
during such period; and
‘‘(iv) establishes that removal would result in
extreme hardship to the alien or to the alien’s
spouse, parent, or child, who is a citizen of the
United States or an alien lawfully admitted for
permanent residence; or

Page 38

‘‘(B) the alien—
‘‘(i) is inadmissible or deportable under section
212(a)(2), 237(a)(2) (other than 237(a)(2)(A)(iii)), or
237(a)(3) of the Immigration and Nationality Act
[8 U.S.C. 1182(a)(2), 1227(a)(2), (3)];
‘‘(ii) is not an alien described in section
241(b)(3)(B)(i) or 101(a)(43) of such Act [8 U.S.C.
1231(b)(3)(B)(i), 1101(a)(43)];
‘‘(iii) has been physically present in the United
States for a continuous period of not less than 10
years immediately following the commission of
an act, or the assumption of a status, constituting a ground for removal;
‘‘(iv) has been a person of good moral character
during such period; and
‘‘(v) establishes that removal would result in
exceptional and extremely unusual hardship to
the alien or to the alien’s spouse, parent, or child,
who is a citizen of the United States or an alien
lawfully admitted for permanent residence.
‘‘(2) TREATMENT OF CERTAIN BREAKS IN PRESENCE.—
Section 240A(d)(2) [8 U.S.C. 1229b(d)(2)] shall apply for
purposes of calculating any period of continuous
physical presence under this subsection, except that
the reference to subsection (b)(1) in such section shall
be considered to be a reference to paragraph (1) of
this section.
‘‘(g) MOTIONS TO REOPEN DEPORTATION OR REMOVAL
PROCEEDINGS.—Notwithstanding any limitation imposed by law on motions to reopen removal or deportation proceedings (except limitations premised on an
alien’s conviction of an aggravated felony (as defined in
section 101(a) of the Immigration and Nationality Act
[8 U.S.C. 1101(a)])), any alien who has become eligible
for cancellation of removal or suspension of deportation as a result of the amendments made by section 203
of the Nicaraguan Adjustment and Central American
Relief Act [Pub. L. 105–100, amending this note] may
file one motion to reopen removal or deportation proceedings to apply for cancellation of removal or suspension of deportation. The Attorney General shall designate a specific time period in which all such motions
to reopen are required to be filed. The period shall
begin not later than 60 days after the date of the enactment of the Nicaraguan Adjustment and Central American Relief Act [Nov. 19, 1997] and shall extend for a period not to exceed 240 days.
‘‘(h) RELIEF AND MOTIONS TO REOPEN.—
‘‘(1) RELIEF.—An alien described in subsection
(c)(5)(C)(i) who is otherwise eligible for—
‘‘(A) suspension of deportation pursuant to section 244(a) of the Immigration and Nationality Act
[8 U.S.C. 1254a(a)], as in effect before the title III–A
effective date; or
‘‘(B) cancellation of removal, pursuant to section
240A(b) of the Immigration and Nationality Act [8
U.S.C. 1229b(b)] and subsection (f) of this section;
shall not be barred from applying for such relief by
operation of section 241(a)(5) of the Immigration and
Nationality Act [8 U.S.C. 1231(a)(5)], as in effect after
the title III–A effective date.
‘‘(2) ADDITIONAL MOTION TO REOPEN PERMITTED.—
Notwithstanding any limitation imposed by law on
motions to reopen removal or deportation proceedings (except limitations premised on an alien’s conviction of an aggravated felony (as defined by section
101(a) of the Immigration and Nationality Act [8
U.S.C. 1101(a)])), any alien who is described in subsection (c)(5)(C)(i) and who has become eligible for
cancellation of removal or suspension of deportation
as a result of the enactment of paragraph (1) may file
one motion to reopen removal or deportation proceedings in order to apply for cancellation of removal
or suspension of deportation. The scope of any proceeding reopened on this basis shall be limited to a
determination of the alien’s eligibility for cancellation of removal or suspension of deportation. The Attorney General shall designate a specific time period
in which all such motions to reopen are required to
be filed. The period shall begin not later than 60 days

Page 39

TITLE 8—ALIENS AND NATIONALITY

after the date of the enactment of this subsection
[Dec. 21, 2000] and shall extend for a period not to exceed 240 days.
‘‘(3) CONSTRUCTION.—Nothing in this subsection
shall preclude an alien from filing a motion to reopen
pursuant to section 240(b)(5)(C)(ii) of the Immigration
and Nationality Act [8 U.S.C. 1229a(b)(5)(C)(ii)], or
section 242B(c)(3)(B) of such Act [8 U.S.C.
1252b(c)(3)(B)] (as in effect before the title III–A effective date).’’
[Pub. L. 106–386, div. B, title V, § 1506(b)(4), Oct. 28,
2000, 114 Stat. 1528, provided that: ‘‘The amendments
made by paragraph (3) [amending section 309 of Pub. L.
104–208, div. C, set out above] shall take effect as if included in the enactment of section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of
1996 [Pub. L. 104–208] (8 U.S.C. 1101 note).’’]
[Pub. L. 106–386, div. B, § 1510(c), Oct. 28, 2000, 114 Stat.
1532, provided that: ‘‘The amendments made by subsections (a) [amending section 202 of Pub. L. 105–100, set
out as a note under section 1255 of this title] and (b)
[amending section 309 of Pub. L. 104–208, div. C, set out
above] shall be effective as if included in the Nicaraguan Adjustment and Central American Relief Act (8
U.S.C. 1255 note; Public Law 105–100, as amended).’’]
[Section 203(f) of Pub. L. 105–100 provided that: ‘‘The
amendments made by this section to the Illegal Immigration Reform and Immigrant Responsibility Act of
1996 [amending section 309 of Pub. L. 104–208, div. C, set
out above] shall take effect as if included in the enactment of such Act.’’]
[Section 2 of Pub. L. 104–302 provided that the amendment made by that section to section 309 of Pub. L.
104–208, set out above, is effective Sept. 30, 1996.]
Section 321(c) of div. C of Pub. L. 104–208 provided
that: ‘‘The amendments made by this section [amending this section] shall apply to actions taken on or
after the date of the enactment of this Act [Sept. 30,
1996], regardless of when the conviction occurred, and
shall apply under section 276(b) of the Immigration and
Nationality Act [8 U.S.C. 1326(b)] only to violations of
section 276(a) of such Act occurring on or after such
date.’’
Section 322(c) of div. C of Pub. L. 104–208 provided
that: ‘‘The amendments made by subsection (a)
[amending this section and section 1182 of this title]
shall apply to convictions and sentences entered before,
on, or after the date of the enactment of this Act [Sept.
30, 1996]. Subparagraphs (B) and (C) of section 240(c)(3)
of the Immigration and Nationality Act [8 U.S.C.
1229a(c)(3)(B), (C)], as inserted by section 304(a)(3) of
this division, shall apply to proving such convictions.’’
Section 361(b) of div. C of Pub. L. 104–208 provided
that: ‘‘The amendment made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Sept. 30, 1996].’’
Section 371(d)(1) of div. C of Pub. L. 104–208 provided
that: ‘‘Subsections (a) and (b) [amending this section
and sections 1105a, 1159, 1224, 1225, 1226, 1252, 1252b, 1323,
and 1362 of this title] shall take effect on the date of
the enactment of this Act [Sept. 30, 1996].’’
Section 591 of title V of div. C of Pub. L. 104–208 provided that: ‘‘Except as provided in this title [enacting
sections 1369 to 1371 and 1623 and 1624 of this title,
amending sections 1182, 1183, 1183a, 1612, 1631, 1632, 1641,
and 1642 of this title, section 506 of Title 18, Crimes and
Criminal Procedure, section 1091 of Title 20, Education,
and sections 402, 1320b–7, and 1436a of Title 42, The Public Health and Welfare, enacting provisions set out as
notes under this section, sections 1182, 1183a, 1611, 1612,
and 1621 of this title, and sections 402 and 1436a of Title
42, and repealing provisions set out as a note under section 1183a of this title], this title and the amendments
made by this title shall take effect on the date of the
enactment of this Act [Sept. 30, 1996].’’
Section 625(c) of div. C of Pub. L. 104–208 provided
that: ‘‘The amendments made by subsection (a)
[amending this section and section 1184 of this title]
shall apply to individuals who obtain the status of a
nonimmigrant under section 101(a)(15)(F) of the Immi-

§ 1101

gration and Nationality Act [8 U.S.C. 1101(a)(15)(F)]
after the end of the 60-day period beginning on the date
of the enactment of this Act [Sept. 30, 1996], including
aliens whose status as such a nonimmigrant is extended after the end of such period.’’
Section 671(a)(7) of div. C of Pub. L. 104–208 provided
that: ‘‘The amendments made by this subsection
[amending this section, sections 1184, 1251, 1255, 1258,
and 1324 of this title, and provisions set out as a note
under section 1252 of this title] shall be effective as if
included in the enactment of the VCCLEA [Pub. L.
103–322].’’
Section 671(b)(14) of div. C of Pub. L. 104–208 provided
that: ‘‘Except as otherwise provided in this subsection
[amending this section and sections 1252a, 1255b, 1323,
1356, and 1483 of this title, enacting provisions set out
as notes under sections 1161 and 1433 of this title, and
amending provisions set out as notes under this section
and sections 1255a, 1323, and 1401 of this title], the
amendments made by this subsection shall take effect
as if included in the enactment of INTCA [Pub. L.
103–416].’’
Section 440(f) of Pub. L. 104–132 provided that: ‘‘The
amendments made by subsection (e) [amending this
section] shall apply to convictions entered on or after
the date of the enactment of this Act [Apr. 24, 1996], except that the amendment made by subsection (e)(3)
[amending this section] shall take effect as if included
in the enactment of section 222 of the Immigration and
Nationality Technical Corrections Act of 1994 [Pub. L.
103–416].’’
EFFECTIVE DATE OF 1994 AMENDMENTS
Section 219(dd) of Pub. L. 103–416 provided that: ‘‘Except as otherwise specifically provided in this section,
the amendments made by this section [amending this
section and sections 1151, 1153, 1154, 1160, 1182, 1188, 1251,
1252, 1252b, 1254a, 1255, 1255a, 1256, 1288, 1302, 1322, 1323,
1324a, 1324b, 1324c, 1330, 1356, 1421, 1424, 1444, 1449, and
1522 of this title, repealing section 1161 of this title,
amending provisions set out as notes under this section
and sections 1182, 1254a, 1255, 1255a, and 1356 of this
title, and repealing provisions set out as a note under
section 1288 of this title] shall be effective as if included in the enactment of the Immigration Act of 1990
[Pub. L. 101–649].’’
Section 222(b) of Pub. L. 103–416 provided that: ‘‘The
amendments made by this section [amending this section] shall apply to convictions entered on or after the
date of enactment of this Act [Oct. 25, 1994].’’
Amendment by Pub. L. 103–236 applicable with respect to officials, offices, and bureaus of Department of
State when executive orders, regulations, or departmental directives implementing the amendments by
sections 161 and 162 of Pub. L. 103–236 become effective,
or 90 days after Apr. 30, 1994, whichever comes earlier,
see section 161(b) of Pub. L. 103–236, as amended, set out
as a note under section 2651a of Title 22, Foreign Relations and Intercourse.
EFFECTIVE DATE OF 1991 AMENDMENTS
Section 208 of title II of Pub. L. 102–232 provided that:
‘‘The provisions of, and amendments made by, this title
[amending this section and section 1184 of this title and
enacting provisions set out as notes under this section
and section 1184 of this title] shall take effect on April
1, 1992.’’
Section 302(e)(8) of Pub. L. 102–232 provided that the
amendments made by that section [amending this section and sections 1186a and 1201 of this title] are effective as if included in section 162(e) of the Immigration
Act of 1990, Pub. L. 101–649.
Section 305(m) of Pub. L. 102–232 provided that the
amendments made by that section [amending this section and sections 1423, 1433, 1441, 1443, 1445, and 1452 of
this title] are effective as if included in section 407(d)
of the Immigration Act of 1990, Pub. L. 101–649.
Section 310 of Pub. L. 102–232, as amended by Pub. L.
103–416, title II, § 219(z)(9), Oct. 25, 1994, 108 Stat. 4318,

§ 1101

TITLE 8—ALIENS AND NATIONALITY

provided that: ‘‘Except as otherwise specifically provided, the amendments made by (and provisions of)—
‘‘(1) sections 302 through 308 [amending this section,
sections 1102, 1105a, 1151 to 1154, 1157, 1159 to 1161, 1182,
1184, 1186a to 1188, 1201, 1221, 1226, 1227, 1229, 1251, 1252,
1252b, 1254 to 1255a, 1281, 1282, 1284, 1288, 1322, 1323,
1324a to 1324c, 1325, 1357, 1421, 1423, 1433, 1439 to 1441,
1443, 1445 to 1449, 1451, 1452, and 1455 of this title, and
section 3753 of Title 42, The Public Health and Welfare, enacting provisions set out as notes under this
section and sections 1151, 1157, 1160, 1182, 1251, 1252,
1254a, and 1255 of this title, and amending provisions
set out as notes under this section and sections 1105a,
1153, 1158, 1160, 1184, 1201, 1251, 1254a, 1255, and 1421 of
this title] shall take effect as if included in the enactment of the Immigration Act of 1990 [Pub. L. 101–649],
and
‘‘(2) section 309(b) [amending this section and sections 1154, 1160, 1182, 1188, 1252, 1252a, 1324a, 1356, 1424,
and 1455 of this title and enacting provisions set out
as a note under this section] shall take effect on the
date of the enactment of this Act [Dec. 12, 1991].’’
Section 2(d) of Pub. L. 102–110 provided that: ‘‘This
section [amending this section and sections 1153 and
1255 of this title] shall take effect 60 days after the date
of the enactment of this Act [Oct. 1, 1991].’’
EFFECTIVE DATE OF 1990 AMENDMENT
Section 161 of title I of Pub. L. 101–649, as amended by
Pub. L. 102–110, § 4, Oct. 1, 1991, 105 Stat. 557; Pub. L.
102–232, title III, § 302(e)(1), (2), Dec. 12, 1991, 105 Stat.
1745; Pub. L. 103–416, title II, §§ 218, 219(aa), Oct. 25, 1994,
108 Stat. 4316, 4319; Pub. L. 104–208, div. C, title VI,
§ 671(f), Sept. 30, 1996, 110 Stat. 3009–724, provided that:
‘‘(a) IN GENERAL.—Except as otherwise provided in
this title, this title and the amendments made by this
title [enacting section 1186b of this title, amending this
section, sections 1103, 1151 to 1154, 1157, 1159, 1182, 1251,
1254, 1255, and 1325 of this title, section 3304 of Title 26,
Internal Revenue Code, and section 1382c of Title 42,
The Public Health and Welfare, enacting provisions set
out as notes under this section and sections 1152, 1153,
1159, 1182, 1201, and 1251 of this title, and amending provisions set out as notes under section 1255 of this title]
shall take effect on October 1, 1991, and apply beginning
with fiscal year 1992.
‘‘(b) PROVISIONS TAKING EFFECT UPON ENACTMENT.—
The following sections (and amendments made by such
sections) shall take effect on the date of the enactment
of this Act [Nov. 29, 1990] and (unless otherwise provided) apply to fiscal year 1991:
‘‘(1) Section 103 [enacting provisions set out as a
note under section 1152 of this title] (relating to per
country limitation for Hong Kong).
‘‘(2) Section 104 [amending sections 1157 and 1159 of
this title and enacting provisions set out as notes
under section 1159 of this title] (relating to asylee adjustments).
‘‘(3) Section 124 [enacting provisions set out as a
note under section 1153 of this title] (relating to transition for employees of certain U.S. businesses in
Hong Kong).
‘‘(4) Section 133 [enacting provisions set out as a
note under section 1153 of this title] (relating to oneyear diversity transition for aliens who have been notified of availability of NP–5 visas).
‘‘(5) Section 134 [enacting provisions set out as a
note under section 1153 of this title] (relating to transition for displaced Tibetans).
‘‘(6) Section 153 [amending this section and section
1251 of this title and enacting provisions set out as a
note under section 1251 of this title] (relating to special immigrants who are dependent on a juvenile
court).
‘‘(7) Section 154 [enacting provisions set out as a
note under section 1201 of this title] (permitting extension of validity of visas for certain residents of
Hong Kong).
‘‘(8) Section 155 [enacting provisions set out as a
note under section 1153 of this title] (relating to expe-

Page 40

dited issuance of Lebanese second and fifth preference visas).
‘‘(9) Section 162(b) [amending section 1154 of this
title] (relating to immigrant visa petitioning process), but only insofar as such section relates to visas
for fiscal years beginning with fiscal year 1992.
‘‘(c) GENERAL TRANSITIONS.—
‘‘(1) In the case of a petition filed under section
204(a) of the Immigration and Nationality Act [8
U.S.C. 1154(a)] before October 1, 1991, for preference
status under section 203(a)(3) or section 203(a)(6) of
such Act [8 U.S.C. 1153(a)(3), (6)] (as in effect before
such date)—
‘‘(A) in order to maintain the priority date with
respect to such a petition, the petitioner must file
(by not later than October 1, 1993) a new petition for
classification of the employment under paragraph
(1), (2), or (3) of section 203(b) of such Act (as
amended by this title), and
‘‘(B) any labor certification under section
212(a)(5)(A) of such Act required with respect to the
new petition shall be deemed approved if the labor
certification with respect to the previous petition
was previously approved under section 212(a)(14) of
such Act.
In the case of a petition filed under section 204(a) of
such Act before October 1, 1991, but which is not described in paragraph (4), and for which a filing fee was
paid, any additional filing fee shall not exceed onehalf of the fee for the filing of the new petition referred to in subparagraph (A).
‘‘(2) Any petition filed under section 204(a) of the
Immigration and Nationality Act before October 1,
1991, for preference status under section 203(a)(4) or
section 203(a)(5) of such Act (as in effect before such
date) shall be deemed, as of such date, to be a petition filed under such section for preference status
under section 203(a)(3) or section 203(a)(4), respectively, of such Act (as amended by this title).
‘‘(3) In the case of an alien who is described in section 203(a)(8) of the Immigration and Nationality Act
(as in effect before October 1, 1991) as the spouse or
child of an alien admitted for permanent residence as
a preference immigrant under section 203(a)(3) or
203(a)(6) of such Act (as in effect before such date) and
who would be entitled to enter the United States
under such section 203(a)(8) but for the amendments
made by this title [see subsec. (a) above], such an
alien shall be deemed to be described in section 203(d)
of such Act as the spouse or child of an alien described in section 203(b)(2) or 203(b)(3)(A)(i), respectively, of such Act with the same priority date as
that of the principal alien.
‘‘(4)(A) Subject to subparagraph (B), any petition
filed before October 1, 1991, and approved on any date,
to accord status under section 203(a)(3) or 203(a)(6) of
the Immigration and Nationality Act (as in effect before such date) shall be deemed, on and after October
1, 1991 (or, if later, the date of such approval), to be
a petition approved to accord status under section
203(b)(2) or under the appropriate classification under
section 203(b)(3), respectively, of such Act (as in effect on and after such date). Nothing in this subparagraph shall be construed as exempting the beneficiaries of such petitions from the numerical limitations under section 203(b)(2) or 203(b)(3) of such Act.
‘‘(B) Subparagraph (A) shall not apply more than
two years after the date the priority date for issuance
of a visa on the basis of such a petition has been
reached.
‘‘(d) ADMISSIBILITY STANDARDS.—When an immigrant,
in possession of an unexpired immigrant visa issued before October 1, 1991, makes application for admission,
the immigrant’s admissibility under paragraph (7)(A) of
section 212(a) of the Immigration and Nationality Act
[8 U.S.C. 1182(a)(7)(A)] shall be determined under the
provisions of law in effect on the date of the issuance
of such visa.
‘‘(e) CONSTRUCTION.—Nothing in this title [see subsec.
(a) above] shall be construed as affecting the provisions

Page 41

TITLE 8—ALIENS AND NATIONALITY

of section 19 of Public Law 97–116 [8 U.S.C. 1151 note],
section 2(c)(1) of Public Law 97–271 [8 U.S.C. 1255 note],
or section 202(e) of Public Law 99–603 [8 U.S.C. 1255a
note].’’
[Section 219(aa) of Pub. L. 103–416 provided that the
amendment made by that section to section 161(c)(3) of
Pub. L. 101–649, set out above, is effective as if included
in section 4 of Pub. L. 102–110, see below.]
[Section 4 of Pub. L. 102–110 provided that the amendment made by that section, adding pars. (3) and (4) to
section 161(c) of Pub. L. 101–649, set out above, is effective as if included in the Immigration Act of 1990, Pub.
L. 101–649.]
Section 162(f)(3) of Pub. L. 101–649 provided that: ‘‘The
amendments made by this subsection [amending this
section, section 1182 of this title, and provisions set out
as a note under section 1255 of this title] shall apply as
though included in the enactment of the Immigration
Nursing Relief Act of 1989 [Pub. L. 101–238].’’
Section 203(d) of Pub. L. 101–649 provided that: ‘‘The
amendments made by this section [enacting section
1288 of this title and amending this section and section
1281 of this title] shall apply to services performed on
or after 180 days after the date of the enactment of this
Act [Nov. 29, 1990].’’
Section 231 of title II of Pub. L. 101–649 provided that:
‘‘Except as otherwise provided in this title, this title,
and the amendments made by this title [enacting section 1288 of this title, amending this section and sections 1182, 1184, 1187, 1281, and 1323 of this title, and enacting provisions set out as notes under this section
and sections 1182, 1184, 1187, and 1288 of this title], shall
take effect on October 1, 1991, except that sections 222
and 223 [enacting provisions set out as notes under this
section] shall take effect on the date of the enactment
of this Act [Nov. 29, 1990].’’
Amendment by section 407(a)(2) of Pub. L. 101–649 effective Nov. 29, 1990, with general savings provisions,
see section 408(a)(3), (d) of Pub. L. 101–649, set out as an
Effective Date of 1990 Amendment; Savings Provisions
note under section 1421 of this title.
Section 501(b) of Pub. L. 101–649 provided that: ‘‘The
amendments made by subsection (a) [amending this
section] shall apply to offenses committed on or after
the date of the enactment of this Act [Nov. 29, 1990], except that the amendments made by paragraphs (2) and
(5) of subsection (a) shall be effective as if included in
the enactment of section 7342 of the Anti-Drug Abuse
Act of 1988 [Pub. L. 100–690].’’
Section 509(b) of Pub. L. 101–649, as amended by Pub.
L. 102–232, title III, § 306(a)(7), Dec. 12, 1991, 105 Stat.
1751, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall take effect on
the date of the enactment of this Act [Nov. 29, 1990] and
shall apply to convictions occurring on or after such
date, except with respect to conviction for murder
which shall be considered a bar to good moral character
regardless of the date of the conviction.’’
Section 601(e) of Pub. L. 101–649 provided that:
‘‘(1) Except as provided in paragraph (2), the amendments made by this section [amending section 1182 of
this title] and by section 603(a) of this Act [amending
this section and sections 1102, 1153, 1157, 1159, 1160, 1161,
1181, 1183, 1201, 1224, 1225, 1226, 1254a, 1255a, 1259, 1322,
and 1327 of this title, repealing section 2691 of Title 22,
Foreign Relations and Intercourse, amending provisions set out as notes under this section and sections
1255 and 1255a of this title, and repealing provisions set
out as notes under section 1182 of this title] shall apply
to individuals entering the United States on or after
June 1, 1991.
‘‘(2) The amendments made by paragraphs (5) and (13)
of section 603(a) [amending sections 1160 and 1255a of
this title] shall apply to applications for adjustment of
status made on or after June 1, 1991.’’
EFFECTIVE DATE OF 1989 AMENDMENTS
Amendment by Pub. L. 101–238 applicable to classification petitions filed for nonimmigrant status only
during the 5-year period beginning on the first day of

§ 1101

the 9th month beginning after Dec. 18, 1989, see section
3(d) of Pub. L. 101–238, set out as a note under section
1182 of this title.
Section 611(b) of Pub. L. 101–162 provided that: ‘‘The
amendment made by subsection (a) [amending this section] shall take effect on October 1, 1989, upon the expiration of the similar amendment made by section 210(a)
of the Department of Justice Appropriations Act, 1989
(title II of Public Law 100–459, 102 Stat. 2203).’’
EFFECTIVE AND TERMINATION DATES OF 1988
AMENDMENTS
Section 2(s) of Pub. L. 100–525 provided that: ‘‘The
amendments made by this section [amending this section, sections 1160, 1161, 1184, 1186, 1187, 1188, 1251, 1254,
1255, 1255a, 1259, 1324, 1324a, 1324b, and 1357 of this title,
section 1546 of Title 18, Crimes and Criminal Procedure,
and section 1091 of Title 20, Education, amending provisions set out as notes under this section and sections
1188 and 1255a of this title and section 1802 of Title 29,
Labor, and repealing provisions set out as a note under
section 1255a of this title] shall be effective as if they
were included in the enactment of the Immigration Reform and Control Act of 1986 [Pub. L. 99–603].’’
Section 309(b)(15) of Pub. L. 102–232 provided that:
‘‘The amendments made by section 8 of the Immigration Technical Corrections Act of 1988 [Pub. L. 100–525,
amending this section, sections 1152, 1182, 1201 to 1202,
1301, 1302, 1304, 1356, 1409, 1431 to 1433, 1452, 1481, and 1483
of this title, and section 4195 of Title 22, Foreign Relations and Intercourse, enacting provisions set out as
notes under this section, sections 1153, 1201, 1401, 1409,
1451, and 1481 of this title, and section 4195 of Title 22,
and amending provisions set out as notes under this
section and section 1153 of this title] shall be effective
as if included in the enactment of the Immigration and
Nationality Act Amendments of 1986 (Public Law
99–653).’’
Section 210(b) of Pub. L. 100–459 provided that: ‘‘The
amendment made by subsection (a) [amending this section] shall take effect as if included in the enactment
of section 315 of the Immigration Reform and Control
Act of 1986 [Pub. L. 99–603] and shall expire on October
1, 1989.’’
EFFECTIVE DATE OF 1986 AMENDMENTS
Section 23(a) of Pub. L. 99–653, as added by Pub. L.
100–525, § 8(r), Oct. 24, 1988, 102 Stat. 2618, provided that:
‘‘The amendments made by sections 2, 4, and 7 [amending this section and sections 1152, 1182, 1228, 1251, and
1356 of this title] apply to visas issued, and admissions
occurring, on or after November 14, 1986.’’
Amendment by section 301(a) of Pub. L. 99–603 applicable to petitions and applications filed under sections
1184(c) and 1188 of this title on or after the first day of
the seventh month beginning after Nov. 6, 1986, see section 301(d) of Pub. L. 99–603, as amended, set out as an
Effective Date note under section 1188 of this title.
EFFECTIVE DATE OF 1981 AMENDMENT
Section 21 of Pub. L. 97–116 provided that:
‘‘(a) Except as provided in subsection (b) and in section 5(c) [set out as a note under section 1182 of this
title], the amendments made by this Act [see Short
Title of 1981 Amendment note below] shall take effect
on the date of the enactment of this Act [Dec. 29, 1981].
‘‘(b)(1) The amendments made by section 2(a) [amending this section] shall apply on and after the first day
of the sixth month beginning after the date of the enactment of this Act [Dec. 29, 1981].
‘‘(2) The amendment made by section 16 [amending
section 1455 of this title] shall apply to fiscal years beginning on or after October 1, 1981.’’
EFFECTIVE DATE OF 1980 AMENDMENT
Section 204(a)–(c) of title II of Pub. L. 96–212 provided
that:
‘‘(a) Except as provided in subsections (b) and (c), this
title and the amendments made by this title [enacting

§ 1101

TITLE 8—ALIENS AND NATIONALITY

sections 1157, 1158, and 1159 of this title, amending this
section and sections 1151 to 1153, 1181, 1182, 1253, and
1254 of this title, enacting provisions set out as notes
under sections 1153, 1157, 1158, 1182, and 1521 of this
title, and amending provisions set out as a note under
sections 1182 and 1255 of this title] shall take effect on
the date of the enactment of this Act [Mar. 17, 1980],
and shall apply to fiscal years beginning with the fiscal
year beginning October 1, 1979.
‘‘(b)(1)(A) Section 207(c) of the Immigration and Nationality Act (as added by section 201(b) of this Act)
[section 1157(c) of this title] and the amendments made
by subsections (b), (c), and (d) of section 203 of this Act
[amending sections 1152, 1153, 1182, and 1254 of this title]
shall take effect on April 1, 1980.
‘‘(B) The amendments made by section 203(f) [amending section 1182 of this title] shall apply to aliens paroled into the United States on or after the sixtieth
day after the date of the enactment of this Act [Mar.
17, 1980].
‘‘(C) The amendments made by section 203(i) [amending section 1153 of this title and provisions set out as
notes under section 1255 of this title] shall take effect
immediately before April 1, 1980.
‘‘(2) Notwithstanding sections 207(a) and 209(b) of the
Immigration and Nationality Act (as added by section
201(b) of this Act) [sections 1157(a) and 1159(b) of this
title], the fifty thousand and five thousand numerical
limitations specified in such respective sections shall,
for fiscal year 1980, be equal to 25,000 and 2,500, respectively.
‘‘(3) Notwithstanding any other provision of law, for
fiscal year 1980—
‘‘(A) the fiscal year numerical limitation specified
in section 201(a) of the Immigration and Nationality
Act [section 1151(a) of this title] shall be equal to
280,000, and
‘‘(B) for the purpose of determining the number of
immigrant visa and adjustments of status which may
be made available under sections 203(a)(2) and
202(e)(2) of such Act [sections 1153(a)(2) and 1152(e)(2)
of this title], the granting of a conditional entry or
adjustment of status under section 203(a)(7) or
202(e)(7) of such Act after September 30, 1979, and before April 1, 1980, shall be considered to be the granting of an immigrant visa under section 203(a)(2) or
202(e)(2), respectively, of such Act during such period.
‘‘(c)(1) The repeal of subsections (g) and (h) of section
203 of the Immigration and Nationality Act, made by
section 203(c)(8) of this title [section 1153(g) and (h) of
this title], shall not apply with respect to any individual who before April 1, 1980, was granted a conditional
entry under section 203(a)(7) of the Immigration and
Nationality Act (and under section 202(e)(7) of such Act
[section 1152(e)(7) of this title], if applicable), as in effect immediately before such date, and it shall not
apply to any alien paroled into the United States before April 1, 1980, who is eligible for the benefits of section 5 of Public Law 95–412 [set out as a note under section 1182 of this title].
‘‘(2) An alien who, before April 1, 1980, established a
date of registration at an immigration office in a foreign country on the basis of entitlement to a conditional entrant status under section 203(a)(7) of the Immigration and Nationality Act (as in effect before such
date) [section 1153(a)(7) of this title], shall be deemed to
be entitled to refugee status under section 207 of such
Act (as added by section 201(b) of this title) [section
1157 of this title] and shall be accorded the date of registration previously established by that alien. Nothing
in this paragraph shall be construed to preclude the acquisition by such an alien of a preference status under
section 203(a) of such Act.
‘‘(3) The provisions of paragraphs (14), (15), (20), (21),
(25), and (32) if section 212(a) of the Immigration and
Nationality Act [former section 1182(a)(14), (15), (20),
(21), (25), and (32) of this title] shall not be applicable
to any alien who has entered the United States before
April 1, 1980, pursuant to section 203(a)(7) of such Act
[section 1153(a)(7) of this title] or who has been paroled

Page 42

as a refugee into the United States under section
212(d)(5) of such Act, and who is seeking adjustment of
status, and the Attorney General may waive any other
provision of section 212(a) of such Act (other than paragraph (27), (29), or (33) and other than so much of paragraph (23) as relates to trafficking in narcotics) with
respect to such an alien for humanitarian purposes, to
assure family unity, or when it is otherwise in the public interest.’’
EFFECTIVE DATE OF 1979 AMENDMENT
Section 3201(d)(1) of Pub. L. 96–70 provided that: ‘‘The
amendments made by this section [amending this section and section 1182 of this title] shall take effect on
the date of the enactment of this Act [Sept. 27, 1979].’’
EFFECTIVE DATE OF 1977 AMENDMENT
Section 602(d) of Pub. L. 94–484, as added by Pub. L.
95–83, title III, § 307(q)(3), Aug. 1, 1977, 91 Stat. 395, provided that: ‘‘This section [amending this section and
enacting provisions set out as a note under section 1182
of this title] and the amendment made by subsection
(c) [amending this section] are effective January 10,
1977, and the amendments made by subsections (b)(4)
and (d) of section 601 [amending this section and section 1182 of this title] shall apply only on and after January 10, 1978, notwithstanding subsection (f) of such
section [set out as an Effective Date of 1976 Amendments note under section 1182 of this title].’’
EFFECTIVE DATE OF 1976 AMENDMENTS
Section 10 of Pub. L. 94–571 provided that: ‘‘The foregoing provisions of this Act, including the amendments
made by such provisions [see Short Title of 1976
Amendment note below], shall become effective on the
first day of the first month which begins more than
sixty days after the date of enactment of this Act [Oct.
20, 1976].’’
Amendment by section 601(b)(4) of Pub. L. 94–484 applicable only on and after Jan. 10, 1978, notwithstanding
section 601(f) of Pub. L. 94–484, see section 602(d) of Pub.
L. 94–484, as added by section 307(q)(3) of Pub. L. 95–83,
set out as an Effective Date of 1977 Amendment note
above.
Amendment by Pub. L. 94–484 effective ninety days
after Oct. 12, 1976, see section 601(f) of Pub. L. 94–484, set
out as a note under section 1182 of this title.
EFFECTIVE DATE OF 1965 AMENDMENT
For effective date of amendment by Pub. L. 89–236,
see section 20 of Pub. L. 89–236, set out as a note under
section 1151 of this title.
EFFECTIVE DATE
Section 407 of act June 27, 1952, provided that: ‘‘Except as provided in subsection (k) of section 401 [former
section 1106(k) of this title], this Act [this chapter]
shall take effect at 12:01 ante meridian United States
Eastern Standard Time on the one hundred eightieth
day immediately following the date of its enactment
[June 27, 1952].’’
SHORT TITLE OF 2010 AMENDMENT
Pub. L. 111–287, § 1, Nov. 30, 2010, 124 Stat. 3058, provided that: ‘‘This Act [amending this section and section 1182 of this title and enacting provisions set out as
a note under this section] may be cited as [the] ‘International Adoption Simplification Act’.’’
SHORT TITLE OF 2008 AMENDMENT
Pub. L. 110–391, § 1, Oct. 10, 2008, 122 Stat. 4193, provided that: ‘‘This Act [amending this section and enacting provisions set out as notes under this section] may
be cited as [the] ‘Special Immigrant Nonminister Religious Worker Program Act’.’’
Pub. L. 110–382, § 1, Oct. 9, 2008, 122 Stat. 4087, provided
that: ‘‘This Act [amending section 1439 of this title and
section 271 of Title 6, Domestic Security, and enacting

Page 43

TITLE 8—ALIENS AND NATIONALITY

provisions set out as notes under section 271 of Title 6]
may be cited as the ‘Military Personnel Citizenship
Processing Act’.’’
[Pub. L. 110–382, § 4, Oct. 9, 2008, 122 Stat. 4089, provided that section 1 of Pub. L. 110–382, set out as a note
above, is repealed 5 years after Oct. 9, 2008.]
Pub. L. 110–251, § 1, June 26, 2008, 122 Stat. 2319, provided that: ‘‘This Act [enacting sections 1440f and 1440g
of this title] may be cited as the ‘Kendell Frederick
Citizenship Assistance Act’.’’
SHORT TITLE OF 2007 AMENDMENT
Pub. L. 110–53, title VII, § 711(a), Aug. 3, 2007, 121 Stat.
338, provided that: ‘‘This section [amending section 1187
of this title and enacting provisions set out as notes
under section 1187 of this title] may be cited as the ‘Secure Travel and Counterterrorism Partnership Act of
2007’.’’
Pub. L. 109–477, § 1, Jan. 12, 2007, 120 Stat. 3572, provided that: ‘‘This Act [enacting and amending provisions set out as notes under section 1182 of this title]
may be cited as the ‘Physicians for Underserved Areas
Act’.’’
SHORT TITLE OF 2006 AMENDMENT
Pub. L. 109–463, § 1, Dec. 22, 2006, 120 Stat. 3477, provided that: ‘‘This Act [amending section 1184 of this
title] may be cited as either the ‘Creating Opportunities for Minor League Professionals, Entertainers, and
Teams through Legal Entry Act of 2006’ or the ‘COMPETE Act of 2006’.’’
Pub. L. 109–423, § 1, Dec. 20, 2006, 120 Stat. 2900, provided that: ‘‘This Act [enacting and amending provisions set out as notes under section 1182 of this title]
may be cited as the ‘Nursing Relief for Disadvantaged
Areas Reauthorization Act of 2005’.’’
Pub. L. 109–367, § 1, Oct. 26, 2006, 120 Stat. 2638, provided that: ‘‘This Act [enacting provisions set out as a
note under section 1701 of this title and amending provisions set out as a note under section 1103 of this title]
may be cited as the ‘Secure Fence Act of 2006’.’’
Pub. L. 109–162, title VIII, § 831, Jan. 5, 2006, 119 Stat.
3066, provided that: ‘‘This subtitle [subtitle D
(§§ 831–834) of title VIII of Pub. L. 109–162, enacting section 1375a of this title, amending section 1184 of this
title, repealing section 1375 of this title, and enacting
provisions set out as notes under sections 1184 and 1202
of this title] may be cited as the ‘International Marriage Broker Regulation Act of 2005’.’’
SHORT TITLE OF 2005 AMENDMENT
Pub. L. 109–13, div. B, § 1, May 11, 2005, 119 Stat. 302,
provided that: ‘‘This division [enacting section 1778 of
this title, amending this section, sections 1157 to 1159,
1182, 1184, 1227, 1229a, 1231, 1252, and 1356 of this title,
and section 1028 of Title 18, Crimes and Criminal Procedure, enacting provisions set out as notes under this
section, sections 1157, 1158, 1182, 1184, 1227, 1252, 1712,
and 1721 of this title, and section 30301 of Title 49,
Transportation, amending provisions set out as notes
under sections 1103, 1153, and 1184 of this title, and repealing provisions set out as a note under section 30301
of Title 49] may be cited as the ‘REAL ID Act of 2005’.’’
Pub. L. 109–13, div. B, title IV, § 401, May 11, 2005, 119
Stat. 318, provided that: ‘‘This title [amending sections
1184 and 1356 of this title and enacting and amending
provisions set out as notes under section 1184 of this
title] may be cited as the ‘Save Our Small and Seasonal
Businesses Act of 2005’.’’
SHORT TITLE OF 2004 AMENDMENT
Pub. L. 108–447, div. J, title IV, § 401, Dec. 8, 2004, 118
Stat. 3351, provided that: ‘‘This title [enacting sections
1380 and 1381 of this title, amending sections 1182, 1184,
and 1356 of this title, section 2916a of Title 29, Labor,
and section 1869c of Title 42, The Public Health and
Welfare, and enacting provisions set out as notes under
this section and sections 1182 and 1184 of this title] may
be cited as the ‘L–1 Visa and H–1B Visa Reform Act’.’’

§ 1101

Pub. L. 108–447, div. J, title IV, § 411, Dec. 8, 2004, 118
Stat. 3351, provided that: ‘‘This subtitle [subtitle A
(§§ 411–417) of title IV of div. J of Pub. L. 108–447, enacting section 1380 of this title, amending section 1184 of
this title, and enacting provisions set out as notes
under section 1184 of this title] may be cited as the ‘L–1
Visa (Intracompany Transferee) Reform Act of 2004’.’’
Pub. L. 108–447, div. J, title IV, § 421, Dec. 8, 2004, 118
Stat. 3353, provided that: ‘‘This subtitle [subtitle B
(§§ 421–430) of title IV of div. J of Pub. L. 108–447, enacting section 1381 of this title, amending sections 1182,
1184, and 1356 of this title, section 2916a of Title 29,
Labor, and section 1869c of Title 42, The Public Health
and Welfare, and enacting provisions set out as notes
under sections 1182 and 1184 of this title] may be cited
as the ‘H–1B Visa Reform Act of 2004’.’’
SHORT TITLE OF 2003 AMENDMENT
Pub. L. 108–156, § 1, Dec. 3, 2003, 117 Stat. 1944, provided
that: ‘‘This Act [enacting provisions set out as a note
under section 1153 of this title and amending provisions
set out as notes under sections 1153, 1324a, and 1360 of
this title] may be cited as the ‘Basic Pilot Program Extension and Expansion Act of 2003’.’’
SHORT TITLE OF 2002 AMENDMENTS
Pub. L. 107–274, § 1, Nov. 2, 2002, 116 Stat. 1923, provided that: ‘‘This Act [amending this section and section 1184 of this title] may be cited as the ‘Border Commuter Student Act of 2002’.’’
Pub. L. 107–273, div. C, title I, § 11030(a), Nov. 2, 2002,
116 Stat. 1836, provided that: ‘‘This section [amending
section 1440–1 of this title] may be cited as the ‘Posthumous Citizenship Restoration Act of 2002’.’’
Pub. L. 107–258, § 1, Oct. 29, 2002, 116 Stat. 1738, provided that: ‘‘This Act [amending provisions set out as
a note under section 1157 of this title] may be cited as
the ‘Persian Gulf War POW/MIA Accountability Act of
2002’.’’
Pub. L. 107–208, § 1, Aug. 6, 2002, 116 Stat. 927, provided
that: ‘‘This Act [amending sections 1151, 1153, 1154, 1157,
and 1158 of this title and enacting provisions set out as
a note under section 1151 of this title] may be cited as
the ‘Child Status Protection Act’.’’
Pub. L. 107–150, § 1, Mar. 13, 2002, 116 Stat. 74, provided
that: ‘‘This Act [amending sections 1182 and 1183a of
this title and enacting provisions set out as a note
under section 1182 of this title] may be cited as the
‘Family Sponsor Immigration Act of 2002’.’’
Pub. L. 107–128, § 1, Jan. 16, 2002, 115 Stat. 2407, provided that: ‘‘This Act [enacting and amending provisions set out as notes under section 1324a of this title]
may be cited as the ‘Basic Pilot Extension Act of
2001’.’’
SHORT TITLE OF 2000 AMENDMENTS
Pub. L. 106–554, § 1(a)(4) [div. B, title XV, § 1501], Dec.
21, 2000, 114 Stat. 2763, 2763A–324, provided that: ‘‘This
title [amending section 1255 of this title, enacting provisions set out as notes under section 1255 of this title,
and amending provisions set out as notes under this
section and section 1255 of this title] may be cited as
the ‘LIFE Act Amendments of 2000’.’’
Pub. L. 106–553, § 1(a)(2) [title XI, § 1101], Dec. 21, 2000,
114 Stat. 2762, 2762A–142, provided that: ‘‘This title
[amending this section and sections 1184, 1186a, and 1255
of this title, and enacting provisions set out as notes
under this section] may be cited as—
‘‘(1) the ‘Legal Immigration Family Equity Act’; or
‘‘(2) the ‘LIFE Act’.’’
Pub. L. 106–409, § 1, Nov. 1, 2000, 114 Stat. 1787, provided that: ‘‘This Act [amending this section and enacting provisions set out as a note under this section] may
be cited as the ‘Religious Workers Act of 2000’.’’
Pub. L. 106–406, § 1, Nov. 1, 2000, 114 Stat. 1755, provided that: ‘‘This Act [amending section 1229c of this
title] may be cited as the ‘International Patient Act of
2000’.’’
Pub. L. 106–396, § 1, Oct. 30, 2000, 114 Stat. 1637, provided that: ‘‘This Act [amending sections 1182, 1184,

§ 1101

TITLE 8—ALIENS AND NATIONALITY

1187, and 1372 of this title, enacting provisions set out
as a note under section 1187 of this title and classified
as a note under section 763 of Title 47, Telegraphs, Telephones, and Radiotelegraphs, and amending provisions
set out as a note under section 1153 of this title] may
be cited as the ‘Visa Waiver Permanent Program Act’.’’
Pub. L. 106–395, § 1, Oct. 30, 2000, 114 Stat. 1631, provided that: ‘‘This Act [amending this section, sections
1182, 1227, 1431, and 1433 of this title, and sections 611
and 1015 of Title 18, Crimes and Criminal Procedure, repealing section 1432 of this title, and enacting provisions set out as notes under this section, sections 1182,
1227, and 1431 of this title, and section 611 of Title 18]
may be cited as the ‘Child Citizenship Act of 2000’.’’
Pub. L. 106–386, div. B, title V, § 1501, Oct. 28, 2000, 114
Stat. 1518, provided that: ‘‘This title [amending this
section, sections 1151, 1154, 1182, 1184, 1227, 1229a, 1229b,
1255, 1367, 1430, and 1641 of this title, section 1152 of
Title 20, Education, and sections 3796gg, 3796hh, and
1397l of Title 42, The Public Health and Welfare, enacting provisions set out as notes under this section and
sections 1229a, 1229b, and 1255 of this title, and amending provisions set out as notes under this section and
section 1255 of this title] may be cited as the ‘Battered
Immigrant Women Protection Act of 2000’.’’
Pub. L. 106–313, title I, § 101, Oct. 17, 2000, 114 Stat.
1251, provided that: ‘‘This title [amending sections 1152,
1154, 1182, 1184, and 1356 of this title, section 2916a of
Title 29, Labor, and section 1869c of Title 42, The Public
Health and Welfare, enacting provisions set out as
notes under this section, sections 1153, 1184, and 1356 of
this title, section 2701 of Title 29, and sections 1862 and
13751 of Title 42, and amending provisions set out as a
note under section 1182 of this title] may be cited as the
‘American Competitiveness in the Twenty-first Century Act of 2000’.’’
Pub. L. 106–215, § 1, June 15, 2000, 114 Stat. 337, provided that: ‘‘This Act [amending section 1365a of this
title and enacting provisions set out as a note under
section 1365a of this title] may be cited as the ‘Immigration and Naturalization Service Data Management
Improvement Act of 2000’.’’
SHORT TITLE OF 1999 AMENDMENT
Pub. L. 106–95, § 1, Nov. 12, 1999, 113 Stat. 1312, provided that: ‘‘This Act [amending this section and sections 1153 and 1182 of this title, enacting provisions set
out as a note under section 1182 of this title, and
amending provisions set out as a note under this section] may be cited as the ‘Nursing Relief for Disadvantaged Areas Act of 1999’.’’
SHORT TITLE OF 1998 AMENDMENT
Pub. L. 105–277, div. A, § 101(h) [title IX, § 901], Oct. 21,
1998, 112 Stat. 2681–480, 2681–538, provided that: ‘‘This
title [enacting sections 1377 and 1378 of this title and
provisions set out as a note under section 1255 of this
title] may be cited as the ‘Haitian Refugee Immigration Fairness Act of 1998’.’’
Pub. L. 105–277, div. C, title IV, § 401(a), Oct. 21, 1998,
112 Stat. 2681–641, provided that: ‘‘This title [enacting
section 1869c of Title 42, The Public Health and Welfare,
amending this section and sections 1182, 1184, and 1356
of this title, and enacting provisions set out as notes
under sections 1182 and 1184 of this title and sections
2701 and 2916 of Title 29, Labor] may be cited as the
‘American Competitiveness and Workforce Improvement Act of 1998’.’’
SHORT TITLE OF 1997 AMENDMENTS
Section 112(a) of Pub. L. 105–119 provided that: ‘‘This
section [enacting, amending, and repealing provisions
set out as notes under section 1440 of this title] may be
cited as the ‘Philippine Army, Scouts, and Guerilla
Veterans of World War II Naturalization Act of 1997’.’’
Pub. L. 105–100, title II, § 201, Nov. 19, 1997, 111 Stat.
2193, provided that: ‘‘This title [amending section 1229b
of this title, enacting provisions set out as notes under
this section and sections 1151, 1153, 1229b, and 1255 of

Page 44

this title, and amending provisions set out as a note
under this section] may be cited as the ‘Nicaraguan Adjustment and Central American Relief Act’.’’
SHORT TITLE OF 1996 AMENDMENT
Section 1(a) of div. C of Pub. L. 104–208 provided that:
‘‘This division [see Tables for classification] may be
cited as the ‘Illegal Immigration Reform and Immigrant Responsibility Act of 1996’.’’
SHORT TITLE OF 1994 AMENDMENT
Section 1 of Pub. L. 103–416 provided that: ‘‘This Act
[see Tables for classification] may be cited as the ‘Immigration and Nationality Technical Corrections Act
of 1994’.’’
SHORT TITLE OF 1991 AMENDMENTS
Section 1(a) of Pub. L. 102–232 provided that: ‘‘This
Act [amending this section, sections 1102, 1105a, 1151 to
1154, 1157, 1159 to 1161, 1182, 1184, 1186a to 1188, 1201, 1221,
1226, 1227, 1229, 1251, 1252, 1252a, 1252b, 1254 to 1255a, 1281,
1282, 1284, 1288, 1322, 1323, 1324a to 1324c, 1325, 1356, 1357,
1421, 1423, 1424, 1433, 1439 to 1441, 1443, 1445 to 1452, and
1455 of this title, and section 3753 of Title 42, The Public
Health and Welfare, enacting provisions set out as
notes under this section and sections 1151, 1157, 1160,
1182, 1184, 1251, 1252, 1254a, 1255, 1356, and 1421 of this
title, and amending provisions set out as notes under
this section and sections 1105a, 1153, 1158, 1160, 1184,
1201, 1251, 1254a, 1255, and 1421 of this title] may be cited
as the ‘Miscellaneous and Technical Immigration and
Naturalization Amendments of 1991’.’’
Section 101 of title I of Pub. L. 102–232 provided that:
‘‘This title [amending sections 1421, 1448, 1450, and 1455
of this title and enacting provisions set out as a note
under section 1421 of this title] may be cited as the ‘Judicial Naturalization Ceremonies Amendments of
1991’.’’
Section 201 of title II of Pub. L. 102–232 provided that:
‘‘This title [amending this section and section 1184 of
this title and enacting provisions set out as notes
under this section and section 1184 of this title] may be
cited as the ‘O and P Nonimmigrant Amendments of
1991’.’’
Section 301(a) of title III of Pub. L. 102–232 provided
that: ‘‘This title [amending this section, sections 1102,
1105a, 1151 to 1154, 1157, 1159 to 1161, 1182, 1184, 1186a to
1188, 1201, 1221, 1226, 1227, 1229, 1251, 1252, 1252a, 1252b,
1254 to 1255a, 1281, 1282, 1284, 1288, 1322, 1323, 1324a to
1324c, 1325, 1356, 1357, 1421, 1423, 1424, 1433, 1439 to 1441,
1443, 1445 to 1449, 1451, 1452, and 1455 of this title, and
section 3753 of Title 42, The Public Health and Welfare,
enacting provisions set out as notes under this section
and sections 1151, 1157, 1160, 1182, 1251, 1252, 1254a, 1255,
and 1356 of this title, and amending provisions set out
as notes under this section and sections 1105a, 1153,
1158, 1160, 1184, 1201, 1251, 1254a, 1255, and 1421 of this
title] may be cited as the ‘Immigration Technical Corrections Act of 1991’.’’
Section 1 of Pub. L. 102–110 provided that: ‘‘This Act
[amending this section and sections 1153, 1255, and 1524
of this title and enacting and amending provisions set
out as notes under this section] may be cited as the
‘Armed Forces Immigration Adjustment Act of 1991’.’’
SHORT TITLE OF 1990 AMENDMENTS
Section 1(a) of Pub. L. 101–649 provided that: ‘‘This
Act [see Tables for classification] may be cited as the
‘Immigration Act of 1990’.’’
Pub. L. 101–249, § 1, Mar. 6, 1990, 104 Stat. 94, provided
that: ‘‘This Act [enacting section 1440–1 of this title]
may be cited as the ‘Posthumous Citizenship for Active
Duty Service Act of 1989’.’’
SHORT TITLE OF 1989 AMENDMENT
Section 1 of Pub. L. 101–238 provided that: ‘‘This Act
[amending this section and sections 1160 and 1182 of this
title, enacting provisions set out as notes under sections 1182, 1255, 1255a, and 1324a of this title, and

Page 45

TITLE 8—ALIENS AND NATIONALITY

§ 1101

amending provisions set out as a note under section
1255a of this title] may be cited as the ‘Immigration
Nursing Relief Act of 1989’.’’

under section 1522 of this title] may be cited as the
‘Refugee Assistance Amendments of 1982’.’’

SHORT TITLE OF 1988 AMENDMENTS

Section 1(a) of Pub. L. 97–116 provided that: ‘‘this Act
[amending this section, sections 1105a, 1151, 1152, 1154,
1182, 1201, 1203, 1221, 1227, 1251, 1252, 1253, 1254, 1255, 1255b,
1258, 1305, 1324, 1356, 1361, 1401a, 1409, 1427, 1431, 1432, 1433,
1439, 1440, 1445, 1446, 1447, 1448, 1452, 1455, 1481, and 1483
of this title, and section 1429 of Title 18, Crimes and
Criminal Procedure, enacting provisions set out as
notes under this section and sections 1151 and 1182 of
this title, amending a provision set out as a note under
this section, and repealing a provision set out as a note
under section 1182 of this title] may be cited as the ‘Immigration and Nationality Act Amendments of 1981’.’’

Pub. L. 100–658, § 1, Nov. 15, 1988, 102 Stat. 3908, provided that: ‘‘This Act [enacting provisions set out as
notes under this section and section 1153 of this title
and amending provisions set out as a note under section 1153 of this title] may be cited as the ‘Immigration
Amendments of 1988’.’’
Section 1(a) of Pub. L. 100–525 provided that: ‘‘This
Act [amending this section, sections 1102, 1103, 1104,
1105a, 1152, 1154, 1157, 1160, 1161, 1182, 1184, 1186, 1186a,
1187, 1188, 1201, 1201a, 1202, 1222, 1223, 1224, 1227, 1251, 1252,
1254, 1255, 1255a, 1255b, 1259, 1301, 1302, 1304, 1305, 1324,
1324a, 1324b, 1353, 1356, 1357, 1360, 1408, 1409, 1421, 1422,
1424, 1426, 1431, 1432, 1433, 1435, 1440, 1441, 1446, 1447, 1451,
1452, 1454, 1455, 1459, 1481, 1483, 1489, 1522, 1523, and 1524
of this title, section 1546 of Title 18, Crimes and Criminal Procedure, section 1091 of Title 20, Education, and
section 4195 of Title 22, Foreign Relations and Intercourse, enacting provisions set out as notes under this
section and sections 1153, 1182, 1201, 1227, 1254, 1255, 1356,
1401, 1409, 1451, 1481, and 1522 of this title and section
4195 of Title 22, amending provisions set out as notes
under this section and sections 1153, 1182, 1188, and 1255a
of this title and section 1802 of Title 29, Labor, and repealing provisions set out as a note under section 1255a
of this title] may be cited as the ‘Immigration Technical Corrections Act of 1988’.’’
SHORT TITLE OF 1986 AMENDMENTS
Section 1(a) of Pub. L. 99–653, as amended by Pub. L.
100–525, § 8(a)(1), Oct. 24, 1988, 102 Stat. 2617, provided
that: ‘‘this Act [amending this section, sections 1152,
1182, 1201, 1202, 1228, 1251, 1301, 1302, 1304, 1401, 1409, 1431
to 1433, 1451, 1452, 1481, and 1483 of this title, and section
4195 of Title 22, Foreign Relations and Intercourse, and
repealing section 1201a of this title and provisions set
out as notes under section 1153 of this title] may be
cited as the ‘Immigration and Nationality Act Amendments of 1986’.’’
Pub. L. 99–639, § 1, Nov. 10, 1986, 100 Stat. 3537, provided that: ‘‘This Act [enacting section 1186a of this
title, amending sections 1154, 1182, 1184, 1251, 1255, and
1325 of this title, and enacting provisions set out as
notes under sections 1154, 1182, 1184, and 1255 of this
title] may be cited as the ‘Immigration Marriage Fraud
Amendments of 1986’.’’
Pub. L. 99–605, § 1(a), Nov. 6, 1986, 100 Stat. 3449, provided that: ‘‘This Act [amending sections 1522 to 1524 of
this title and enacting provisions set out as notes
under section 1522 of this title] may be cited as the
‘Refugee Assistance Extension Act of 1986’.’’
Section 1(a) of Pub. L. 99–603 provided that: ‘‘This Act
[enacting sections 1160, 1161, 1186, 1187, 1255a, 1324a,
1324b, 1364, and 1365 of this title and section 1437r of
Title 42, The Public Health and Welfare, amending this
section, sections 1152, 1184, 1251, 1252, 1254, 1255, 1258,
1259, 1321, 1324, and 1357 of this title, section 2025 of
Title 7, Agriculture, section 1546 of Title 18, Crimes and
Criminal Procedure, sections 1091 and 1096 of Title 20,
Education, sections 1802, 1813, and 1851 of Title 29,
Labor, and sections 303, 502, 602, 603, 672, 673, 1203,
1320b–7, 1353, 1396b, and 1436a of Title 42, repealing section 1816 of Title 29, enacting provisions set out as
notes under this section and sections 1152, 1153, 1160,
1186, 1187, 1253, 1255a, 1259, 1324a, and 1324b of this title,
section 1802 of Title 29, and sections 405, 502, and 1320b–7
of Title 42, and amending provisions set out as notes
under this section and section 1383 of Title 42] may be
cited as the ‘Immigration Reform and Control Act of
1986’.’’
SHORT TITLE OF 1982 AMENDMENT
Pub. L. 97–363, § 1, Oct. 25, 1982, 96 Stat. 1734, provided
that: ‘‘This Act [amending sections 1522, 1523, and 1524
of this title and enacting provisions set out as a note

SHORT TITLE OF 1981 AMENDMENT

SHORT TITLE OF 1980 AMENDMENT
Section 1 of Pub. L. 96–212 provided: ‘‘That this Act
[enacting sections 1157 to 1159 and 1521 to 1525 of this
title, amending this section, sections 1151 to 1153, 1181,
1182, 1253, and 1254 of this title, and section 2601 of Title
22, Foreign Relations and Intercourse, enacting provision set out as notes under this section and sections
1153, 1157, 1158, 1521, and 1522 of this title, amending provisions set out as notes under sections 1182 and 1255 of
this title, and repealing provisions set out as a note
under section 2601 of Title 22] may be cited as the ‘Refugee Act of 1980’.’’
SHORT TITLE OF 1976 AMENDMENT
Section 1 of Pub. L. 94–571 provided: ‘‘That this Act
[amending this section and sections 1151, 1152 to 1154,
1181, 1182, 1251, 1254, and 1255 of this title and enacting
provisions set out as notes under this section and sections 1153 and 1255 of this title] may be cited as the ‘Immigration and Nationality Act Amendments of 1976’.’’
SHORT TITLE
Section 1 of act June 27, 1952, provided that such act,
enacting this chapter, section 1429 of Title 18, Crimes
and Criminal Procedure, amending sections 1353a,
1353d, 1552 of this title, sections 342b, 342c, 342e of
former Title 5, Executive Departments and Government Officers and Employees, sections 1114, 1546 of
Title 18, sections 618, 1446 of Title 22, Foreign Relations
and Intercourse, sections 1, 177 of former Title 49,
Transportation, sections 1952 to 1955 and 1961 of Title 50
App., War and National Defense, repealing section 530
of former Title 31, Money and Finance, enacting provisions set out as notes under this section and amending
provisions set out as notes under sections 1435 and 1440
of this title, may be cited as the ‘‘Immigration and Nationality Act’’.
REPEAL AND REVIVAL
Section 8(b) of Pub. L. 100–525 provided that: ‘‘Section
3 of INAA [Pub. L. 99–653, repealing subsec. (c)(1) of this
section] is repealed and the language stricken by such
section is revived as of November 14, 1986.’’
REPEALS
Section 403(b) of act June 27, 1952, provided that: ‘‘Except as otherwise provided in section 405 [set out
below], all other laws, or parts of laws, in conflict or inconsistent with this Act [this chapter] are, to the extent of such conflict or inconsistency, repealed.’’
REGULATIONS
Pub. L. 110–391, § 2(b), Oct. 10, 2008, 122 Stat. 4193, provided that: ‘‘Not later than 30 days after the date of the
enactment of this Act [Oct. 10, 2008], the Secretary of
Homeland Security shall—
‘‘(1) issue final regulations to eliminate or reduce
fraud related to the granting of special immigrant
status for special immigrants described in subclause
(II) or (III) of section 101(a)(27)(C)(ii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(C)(ii));
and

§ 1101

TITLE 8—ALIENS AND NATIONALITY

‘‘(2) submit a certification to Congress and publish
notice in the Federal Register that such regulations
have been issued and are in effect.’’
Pub. L. 109–162, title VIII, § 828, Jan. 5, 2006, 119 Stat.
3066, provided that: ‘‘Not later than 180 days after the
date of enactment of this Act [Jan. 5, 2006], the Attorney General, the Secretary of Homeland Security, and
the Secretary of State shall promulgate regulations to
implement the provisions contained in the Battered
Immigrant Women Protection Act of 2000 (title V of
Public Law 106–386) [see section 1501 of Pub. L. 106–386,
set out as a Short Title of 2000 Amendments note under
this section], this Act [see Tables for classification],
and the amendments made by this Act.’’
Section 303(a)(8) of Pub. L. 102–232 provided that:
‘‘The Secretary of Labor shall issue final or interim
final regulations to implement the changes made by
this section to section 101(a)(15)(H)(i)(b) and section
212(n) of the Immigration and Nationality Act [8 U.S.C.
1101(a)(15)(H)(i)(b), 1182(n)] no later than January 2,
1992.’’
Pub. L. 102–140, title VI, § 610, Oct. 28, 1991, 105 Stat.
832, as amended by Pub. L. 103–416, title II, § 219(l)(2),
Oct. 25, 1994, 108 Stat. 4317, provided that:
‘‘(a) The Attorney General shall prescribe regulations
under title 5, United States Code, to carry out section
404(b)(1) of the Immigration and Nationality Act [act
June 27, 1952, as amended, set out as a note above], including a delineation of (1) scenarios that constitute an
immigration emergency, (2) the process by which the
President declares an immigration emergency, (3) the
role of the Governor and local officials in requesting a
declaration of emergency, (4) a definition of ‘assistance
as required by the Attorney General’, and (5) the process by which States and localities are to be reimbursed.
‘‘(b) The Attorney General shall prescribe regulations
under title 5, United States Code, to carry out section
404(b)(2) of such Act, including providing a definition of
the terms in section 404(b)(2)(A)(ii) and a delineation of
‘in any other circumstances’ in section 404(b)(2)(A)(iii)
of such Act.
‘‘(c) The regulations under this section shall be published for comment not later than 30 days after the
date of enactment of this Act [Oct. 28, 1991] and issued
in final form not later than 15 days after the end of the
comment period.’’
SAVINGS CLAUSE
Section 405 of act June 27, 1952, provided in part that:
‘‘(a) Nothing contained in this Act [this chapter], unless otherwise specifically provided therein, shall be
construed to affect the validity of any declaration of
intention, petition for naturalization, certificate of
naturalization, certificate of citizenship, warrant of arrest, order or warrant of deportation, order of exclusion, or other document or proceeding which shall be
valid at the time this Act [this chapter] shall take effect; or to affect any prosecution, suit, action, or proceedings, civil or criminal, brought, or any status, condition, right in process of acquisition, act, thing, liability, obligation, or matter, civil or criminal done or existing, at the time this Act [this chapter] shall take effect; but as to all such prosecutions, suits, actions, proceedings, statutes, conditions, rights, acts, things, liabilities, obligations, or matters the statutes or parts
of statutes repealed by this Act [this chapter] are, unless otherwise specifically provided therein, hereby
continued in force and effect. When an immigrant, in
possession of an unexpired immigrant visa issued prior
to the effective date of this Act [this chapter], makes
application for admission, his admissibility shall be determined under the provisions of law in effect on the
date of the issuance of such visa. An application for
suspension of deportation under section 19 of the Immigration Act of 1917, as amended [former section 155 of
this title], or for adjustment of status under section 4
of the Displaced Persons Act of 1948, as amended
[former section 1953 of Appendix to Title 50], which is
pending on the date of enactment of this Act [June 27,
1952], shall be regarded as a proceeding within the
meaning of this subsection.

Page 46

‘‘(b) Except as otherwise specifically provided in title
III [subchapter III of this chapter], any petition for naturalization heretofore filed which may be pending at
the time this Act [this chapter] shall take effect shall
be heard and determined in accordance with the requirements of law in effect when such petition was
filed.
‘‘(c) Except as otherwise specifically provided in this
Act [this chapter], the repeal of any statute by this Act
[this chapter] shall not terminate nationality heretofore lawfully acquired nor restore nationality heretofore lost under any law of the United States or any
treaty to which the United States may have been a
party.
‘‘(d) Except as otherwise specifically provided in this
Act [this chapter], or any amendment thereto, fees,
charges and prices for purposes specified in title V of
the Independent Offices Appropriation Act, 1952 (Public
Law 137, Eighty-second Congress, approved August 31,
1951), may be fixed and established in the manner and
by the head of any Federal Agency as specified in that
Act.
‘‘(e) This Act [this chapter] shall not be construed to
repeal, alter, or amend section 231(a) of the Act of April
30, 1946 (60 Stat. 148; [section 1281(a) of title 22]), the Act
of June 20, 1949 (Public Law 110, section 8, Eighty-first
Congress, first session; 63 Stat. 208 [section 403h of title
50]), the Act of June 5, 1950 (Public Law 535, Eightyfirst Congress, second session [former section 1501 et
seq. of title 22]), nor title V of the Agricultural Act of
1949, as amended (Public Law 78, Eighty-second Congress, first session [former sections 1461 to 1468 of title
7]).’’
SEPARABILITY
Pub. L. 106–313, title I, § 116, Oct. 17, 2000, 114 Stat.
1262, provided that: ‘‘If any provision of this title [see
Short Title of 2000 Amendments note above] (or any
amendment made by this title) or the application
thereof to any person or circumstance is held invalid,
the remainder of the title (and the amendments made
by this title) and the application of such provision to
any other person or circumstance shall not be affected
thereby. This section be enacted [sic] 2 days after effective date.’’
Section 1(e) of div. C of Pub. L. 104–208 provided that:
‘‘If any provision of this division [see Tables for classification] or the application of such provision to any
person or circumstances is held to be unconstitutional,
the remainder of this division and the application of
the provisions of this division to any person or circumstance shall not be affected thereby.’’
Section 406 of act June 27, 1952, provided that: ‘‘If any
particular provision of this Act [this chapter], or the
application thereof to any person or circumstance, is
held invalid, the remainder of the Act [this chapter]
and the application of such provision to other persons
or circumstances shall not be affected thereby.’’
TRANSFER OF FUNCTIONS
United States Information Agency (other than Broadcasting Board of Governors and International Broadcasting Bureau) abolished and functions transferred to
Secretary of State, see sections 6531 and 6532 of Title 22,
Foreign Relations and Intercourse.
ABOLITION OF IMMIGRATION AND NATURALIZATION
SERVICE AND TRANSFER OF FUNCTIONS
For abolition of Immigration and Naturalization
Service, transfer of functions, and treatment of related
references, see note set out under section 1551 of this
title.
ADMISSION OF ALASKA AS STATE
Effectiveness of amendment of this section by Pub. L.
85–508 as dependent on admission of State of Alaska
into the Union, see section 8(b) of Pub. L. 85–508, set out
as a note preceding section 21 of Title 48, Territories
and Insular Possessions.

Page 47

TITLE 8—ALIENS AND NATIONALITY
ADMISSION OF HAWAII AS STATE

Admission of Hawaii into the Union was accomplished Aug. 21, 1959, on issuance of Proc. No. 3309, Aug.
25, 1959, 25 F.R. 6868, 73 Stat. c74, as required by sections
1 and 7(c) of Pub. L. 86–3, Mar. 18, 1959, 73 Stat. 4, set
out as notes preceding former section 491 of Title 48,
Territories and Insular Possessions.
APPROPRIATIONS
Section 404 of act June 27, 1952, as amended by acts
Dec. 29, 1981, Pub. L. 97–116, § 18(s), 95 Stat. 1621; Nov. 6,
1986, Pub. L. 99–603, title I, § 113, 100 Stat. 3383; Nov. 29,
1990, Pub. L. 101–649, title VII, § 705(a), 104 Stat. 5087;
Dec. 12, 1991, Pub. L. 102–232, title III, § 308(d), 105 Stat.
1757, provided that:
‘‘(a) There are authorized to be appropriated such
sums as may be necessary to carry out the provisions
of this Act [this chapter] (other than chapter 2 of title
IV) [subchapter IV of this chapter].
‘‘(b)(1) There are authorized to be appropriated (for
fiscal year 1991 and any subsequent fiscal year) to an
immigration emergency fund, to be established in the
Treasury, an amount sufficient to provide for a balance
of $35,000,000 in such fund, to be used to carry out paragraph (2) and to provide for an increase in border patrol
or other enforcement activities of the Service and for
reimbursement of State and localities in providing assistance as requested by the Attorney General in meeting an immigration emergency, except that no amounts
may be withdrawn from such fund with respect to an
emergency unless the President has determined that
the immigration emergency exists and has certified
such fact to the Judiciary Committees of the House of
Representatives and of the Senate.
‘‘(2)(A) Funds which are authorized to be appropriated by paragraph (1), subject to the dollar limitation contained in subparagraph (B), shall be available,
by application for the reimbursement of States and localities providing assistance as required by the Attorney General, to States and localities whenever—
‘‘(i) a district director of the Service certifies to the
Commissioner that the number of asylum applications filed in the respective district during a calendar
quarter exceeds by at least 1,000 the number of such
applications filed in that district during the preceding calendar quarter,
‘‘(ii) the lives, property, safety, or welfare of the
residents of a State or locality are endangered, or
‘‘(iii) in any other circumstances as determined by
the Attorney General.
In applying clause (i), the providing of parole at a point
of entry in a district shall be deemed to constitute an
application for asylum in the district.
‘‘(B) Not more than $20,000,000 shall be made available
for all localities under this paragraph.
‘‘(C) For purposes of subparagraph (A), the requirement of paragraph (1) that an immigration emergency
be determined shall not apply.
‘‘(D) A decision with respect to an application for reimbursement under subparagraph (A) shall be made by
the Attorney General within 15 days after the date of
receipt of the application.’’
[Section 705(b) of Pub. L. 101–649 provided that: ‘‘Section 404(b)(2)(A)(i) of the Immigration and Nationality
Act [act June 27, 1952, set out above], as added by the
amendment made by subsection (a)(5), shall apply with
respect to increases in the number of asylum applications filed in a calendar quarter beginning on or after
January 1, 1989. The Attorney General may not spend
any amounts from the immigration emergency fund
pursuant to the amendments made by subsection (a)
[amending section 404 of act June 27, 1952, set out
above] before October 1, 1991.’’]
[Determination of President of the United States, No.
97–16, Feb. 12, 1997, 62 F.R. 13981, provided that immigration emergency determined by President in 1995 to
exist with respect to smuggling into United States of
illegal aliens persisted and directed use of Immigration
Emergency Fund established by section 404(b)(1) of act
June 27, 1952, set out above.

§ 1101

[Prior determination was contained in the following:
[Determination of President of the United States, No.
95–49, Sept. 28, 1995, 60 F.R. 53677.]
FEE INCREASES
Pub. L. 111–230, title IV, § 402, Aug. 13, 2010, 124 Stat.
2487, as amended by Pub. L. 111–347, title III, § 302, Jan.
2, 2011, 124 Stat. 3667, provided that:
‘‘(a) Notwithstanding any other provision of this Act
or any other provision of law, during the period beginning on the date of the enactment of this Act [Aug. 13,
2010] and ending on September 30, 2015, the filing fee
and fraud prevention and detection fee required to be
submitted with an application for admission as a nonimmigrant under section 101(a)(15)(L) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(L)) shall
be increased by $2,250 for applicants that employ 50 or
more employees in the United States if more than 50
percent of the applicant’s employees are nonimmigrants admitted pursuant to section 101(a)(15)(H)(i)(b)
of such Act or section 101(a)(15)(L) of such Act.
‘‘(b) Notwithstanding any other provision of this Act
or any other provision of law, during the period beginning on the date of the enactment of this Act and ending on September 30, 2015, the filing fee and fraud prevention and detection fee required to be submitted with
an application for admission as a nonimmigrant under
section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)) shall be increased by $2,000 for applicants that employ 50 or more
employees in the United States if more than 50 percent
of the applicant’s employees are such nonimmigrants
or nonimmigrants described in section 101(a)(15)(L) of
such Act.
‘‘(c) During the period beginning on the date of the
enactment of this Act and ending on September 30,
2015, all amounts collected pursuant to the fee increases authorized under this section shall be deposited
in the General Fund of the Treasury.’’
AFGHAN ALLIES PROTECTION
Pub. L. 111–8, div. F, title VI, Mar. 11, 2009, 123 Stat.
807, as amended by Pub. L. 111–118, div. A, title VIII,
§ 8120(b), Dec. 19, 2009, 123 Stat. 3457, provided that:
‘‘SEC. 601. SHORT TITLE.
‘‘This Act [probably should be ‘‘this title’’] may be
cited as the ‘Afghan Allies Protection Act of 2009’.
‘‘SEC. 602. PROTECTION FOR AFGHAN ALLIES.
‘‘(a) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this section, the term ‘appropriate committees of Congress’ means—
‘‘(1) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on
the Judiciary of the Senate; and
‘‘(2) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on the
Judiciary of the House of Representatives.
‘‘(b) SPECIAL IMMIGRANT STATUS FOR CERTAIN AFGHANS.—
‘‘(1) IN GENERAL.—Subject to paragraph (3), the Secretary of Homeland Security, or, notwithstanding
any other provision of law, the Secretary of State in
consultation with the Secretary of Homeland Security, may provide an alien described in subparagraph
(A), (B), or (C) of paragraph (2) with the status of a
special immigrant under section 101(a)(27) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)), if
the alien—
‘‘(A) or an agent acting on behalf of the alien,
submits a petition for classification under section
203(b)(4) of such Act (8 U.S.C. 1153(b)(4));
‘‘(B) is otherwise eligible to receive an immigrant
visa;
‘‘(C) is otherwise admissible to the United States
for permanent residence (excluding the grounds for
inadmissibility specified in section 212(a)(4) of such
Act (8 U.S.C. 1182(a)(4))[)]; and
‘‘(D) clears a background check and appropriate
screening, as determined by the Secretary of Homeland Security.

§ 1101

TITLE 8—ALIENS AND NATIONALITY

‘‘(2) ALIENS DESCRIBED.—
‘‘(A) PRINCIPAL ALIENS.—An alien is described in
this subparagraph if the alien—
‘‘(i) is a citizen or national of Afghanistan;
‘‘(ii) was or is employed by or on behalf of the
United States Government in Afghanistan on or
after October 7, 2001, for not less than one year;
‘‘(iii) provided faithful and valuable service to
the United States Government, which is documented in a positive recommendation or evaluation, subject to subparagraph (D), from the employee’s senior supervisor or the person currently
occupying that position, or a more senior person,
if the employee’s senior supervisor has left the
employer or has left Afghanistan; and
‘‘(iv) has experienced or is experiencing an ongoing serious threat as a consequence of the
alien’s employment by the United States Government.
‘‘(B) SPOUSE OR CHILD.—An alien is described in
this subparagraph if the alien—
‘‘(i) is the spouse or child of a principal alien described in subparagraph (A); and
‘‘(ii) is accompanying or following to join the
principal alien in the United States.
‘‘(C) SURVIVING SPOUSE OR CHILD.—An alien is described in this subparagraph if the alien—
‘‘(i) was the spouse or child of a principal alien
described in subparagraph (A) who had a petition
for classification approved pursuant to this section or section 1059 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law
109–163; 8 U.S.C. 1101 note) which included the
alien as an accompanying spouse or child; and
‘‘(ii) due to the death of the principal alien—
‘‘(I) such petition was revoked or terminated
(or otherwise rendered null); and
‘‘(II) such petition would have been approved
if the principal alien had survived.
‘‘(D) APPROVAL BY CHIEF OF MISSION REQUIRED.—A
recommendation or evaluation required under subparagraph (A)(iii) shall be accompanied by approval
from the appropriate Chief of Mission, or the designee of the appropriate Chief of Mission, who shall
conduct a risk assessment of the alien and an independent review of records maintained by the United
States Government or hiring organization or entity
to confirm employment and faithful and valuable
service to the United States Government prior to
approval of a petition under this section.
‘‘(3) NUMERICAL LIMITATIONS.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph (C), the total number of principal aliens who
may be provided special immigrant status under
this section may not exceed 1,500 per year for each
of the fiscal years 2009, 2010, 2011, 2012, and 2013.
‘‘(B) EXCLUSION FROM NUMERICAL LIMITATIONS.—
Aliens provided special immigrant status under this
subsection shall not be counted against any numerical limitation under sections 201(d), 202(a), or
203(b)(4) of the Immigration and Nationality Act (8
U.S.C. 1151(d), 1152(a), and 1153(b)(4)).
‘‘(C) CARRY FORWARD.—
‘‘(i) FISCAL YEARS 2009 THROUGH 2013.—If the numerical limitation specified in subparagraph (A)
is not reached during a given fiscal year, with respect to fiscal year 2009, 2010, 2011, 2012, or 2013,
the numerical limitation specified in such subparagraph for the following fiscal year shall be increased by a number equal to the difference between—
‘‘(I) the numerical limitation specified in subparagraph (A) for the given fiscal year; and
‘‘(II) the number of principal aliens provided
special immigrant status under this section
during the given fiscal year.
‘‘(ii) FISCAL YEAR 2014.—If the numerical limitation determined under clause (i) is not reached in
fiscal year 2013, the total number of principal
aliens who may be provided special immigrant

Page 48

status under this subsection for fiscal year 2014
shall be equal to the difference between—
‘‘(I) the numerical limitation determined
under clause (i) for fiscal year 2013; and
‘‘(II) the number of principal aliens provided
such status under this section during fiscal year
2013.
‘‘(4) PROHIBITION ON FEES.—The Secretary of Homeland Security or the Secretary of State may not
charge an alien described in subparagraph (A), (B), or
(C) of paragraph (2) any fee in connection with an application for, or issuance of, a special immigrant visa
under this section.
‘‘(5) ASSISTANCE WITH PASSPORT ISSUANCE.—The Secretary of State shall make a reasonable effort to ensure that an alien described in subparagraph (A), (B),
or (C) of paragraph (2) who is issued a special immigrant visa pursuant to this subsection is provided
with the appropriate series Afghan passport necessary to enter the United States.
‘‘(6) PROTECTION OF ALIENS.—The Secretary of
State, in consultation with the heads of other appropriate Federal agencies, shall make a reasonable effort to provide an alien described in subparagraph
(A), (B), or (C) of paragraph (2) who is seeking special
immigrant status under this subsection protection or
to immediately remove such alien from Afghanistan,
if possible, if the Secretary determines, after consultation, that such alien is in imminent danger.
‘‘(7) OTHER ELIGIBILITY FOR IMMIGRANT STATUS.—No
alien shall be denied the opportunity to apply for admission under this subsection solely because such
alien qualifies as an immediate relative or is eligible
for any other immigrant classification.
‘‘(8) RESETTLEMENT SUPPORT.—A citizen or national
of Afghanistan who is granted special immigrant
status described in section 101(a)(27) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)) shall be
eligible for resettlement assistance, entitlement programs, and other benefits available to refugees admitted under section 207 of such Act (8 U.S.C. 1157) to
the same extent, and for the same periods of time, as
such refugees.
‘‘(9) ADJUSTMENT OF STATUS.—Notwithstanding
paragraph (2), (7), or (8) of subsection (c) of section 245
of the Immigration and Nationality Act (8 U.S.C.
1255), the Secretary of Homeland Security may adjust
the status of an alien described in subparagraph (A),
(B), or (C) of paragraph (2) of this subsection or in
section 1244(b) of the Refugee Crisis in Iraq Act of
2007 (Public Law 110–181; 122 Stat. 397) [8 U.S.C. 1157
note] to that of an alien lawfully admitted for permanent residence under subsection (a) of such section
245 if the alien—
‘‘(A) was paroled or admitted as a nonimmigrant
into the United States; and
‘‘(B) is otherwise eligible for special immigrant
status under—
‘‘(i)(I) this subsection; or
‘‘(II) such section 1244(b); and
‘‘(ii) the Immigration and Nationality Act (8
U.S.C. 1101 et seq.).
‘‘(10) REPORT ON IMPLEMENTATION AND AUTHORITY TO
CARRY OUT ADMINISTRATIVE MEASURES.—
‘‘(A) REQUIREMENT FOR REPORT.—Not later than
one year after the date of the enactment of this Act
[Mar. 11, 2009], the Secretary of Homeland Security
and the Secretary of State, in consultation with
the Secretary of Defense, shall submit to the appropriate committees of Congress a report on the implementation of this subsection.
‘‘(B) CONTENT OF REPORT.—The report required by
subparagraph (A) shall describe actions taken, and
additional administrative measures that may be
needed, to ensure the integrity of the program established under this subsection and the national security interests of the United States related to
such program.
‘‘(C) AUTHORITY TO CARRY OUT ADMINISTRATIVE
MEASURES.—The Secretary of Homeland Security

Page 49

TITLE 8—ALIENS AND NATIONALITY

and the Secretary of State shall implement any additional administrative measures described in subparagraph (B) as they may deem necessary and appropriate to ensure the integrity of the program established under this subsection and the national security interests of the United States related to
such program.
‘‘(11) ANNUAL REPORT ON USE OF SPECIAL IMMIGRANT
STATUS.—
‘‘(A) REQUIREMENT.—Not later than 120 days after
the date of the enactment of this Act, and annually
thereafter, the Secretary of Homeland Security
shall submit to the appropriate committees of Congress a report on the number of citizens or nationals of Afghanistan or Iraq who have applied for
status as special immigrants under this subsection
or section 1244 of the Refugee Crisis in Iraq Act of
2007 (Public Law 110–181; 122 Stat. 396) [8 U.S.C. 1157
note].
‘‘(B) CONTENT.—Each report required by subparagraph (A) submitted in a fiscal year shall include
the following information for the previous fiscal
year:
‘‘(i) The number of citizens or nationals of Afghanistan or Iraq who submitted an application
for status as a special immigrant pursuant to this
section or section 1244 of the Refugee Crisis in
Iraq Act of 2007 (Public Law 110–181; 122 Stat. 396),
disaggregated—
‘‘(I) by the number of principal aliens applying for such status; and
‘‘(II) by the number of spouses and children of
principal aliens applying for such status.
‘‘(ii) The number of applications referred to in
clause (i) that—
‘‘(I) were approved; or
‘‘(II) were denied, including a description of
the basis for each denial.
‘‘(c) INFORMATION REGARDING CITIZENS OR NATIONALS
OF AFGHANISTAN EMPLOYED BY THE UNITED STATES OR
FEDERAL CONTRACTORS IN AFGHANISTAN.—
‘‘(1) REQUIREMENT TO COMPILE INFORMATION.—
‘‘(A) IN GENERAL.—Not later than 120 days after
the date of the enactment of this Act [Mar. 11, 2009],
the Administrator of the United States Agency for
International Development, the Secretary of Defense, the Secretary of Homeland Security, the Secretary of State, and the Secretary of the Treasury
shall—
‘‘(i) review internal records and databases of
their respective agencies for information that can
be used to verify employment of citizens or nationals of Afghanistan by the United States Government; and
‘‘(ii) request from each prime contractor or
grantee that has performed work in Afghanistan
since October 7, 2001, under a contract, grant, or
cooperative agreement with their respective
agencies that is valued in excess of $25,000, information that may be used to verify the employment of such citizens or nationals by such contractor or grantee.
‘‘(B) INFORMATION REQUIRED.—To the extent data
is available, the information referred to in subparagraph (A) shall include the name and dates of employment of, biometric data for, and other data
that can be used to verify the employment of each
citizen or national of Afghanistan who has performed work in Afghanistan since October 7, 2001,
under a contract, grant, or cooperative agreement
with an executive agency.
‘‘(2) REPORT ON ESTABLISHMENT OF DATABASE.—Not
later than 120 days after the date of the enactment of
this Act, the Secretary of Defense, in consultation
with the Administrator of the United States Agency
for International Development, the Secretary of
Homeland Security, the Secretary of State, and the
Secretary of the Treasury, shall submit to the appropriate committees of Congress a report examining
the options for establishing a unified and classified

§ 1101

database of information related to contracts, grants,
or cooperative agreements entered into by executive
agencies for the performance of work in Afghanistan
since October 7, 2001, including the information described and collected under paragraph (1), to be used
by relevant Federal departments and agencies to adjudicate refugee, asylum, special immigrant visa, and
other immigration claims and applications.
‘‘(3) REPORT ON NONCOMPLIANCE.—Not later than 180
days after the date of the enactment of this Act, the
President shall submit to the appropriate committees
of Congress a report that describes—
‘‘(A) the inability or unwillingness of any contractor or grantee to provide the information requested under paragraph (1)(A)(ii); and
‘‘(B) the reasons that such contractor or grantee
provided for failing to provide such information.
‘‘(4) EXECUTIVE AGENCY DEFINED.—In this subsection, the term ‘executive agency’ has the meaning
given that term in section 4 of the Office of Federal
Procurement Policy Act ([former] 41 U.S.C. 403) [see
41 U.S.C. 133].
‘‘(d) RULE OF CONSTRUCTION.—Nothing in this section
may be construed to affect the authority of the Secretary of Homeland Security under section 1059 of the
National Defense Authorization Act for Fiscal Year
2006 (Public Law 109–163; 8 U.S.C. 1101 note).’’
SPECIAL IMMIGRANT STATUS FOR PERSONS SERVING AS
TRANSLATORS WITH UNITED STATES ARMED FORCES
Pub. L. 110–242, § 2, June 3, 2008, 122 Stat. 1567, provided that:
‘‘(a) IN GENERAL.—The Secretary of Homeland Security or the Secretary of State may convert an approved
petition for special immigrant status under section 1059
of the National Defense Authorization Act for Fiscal
Year 2006 [Pub. L. 109–163] (8 U.S.C. 1101 note) with respect to which a visa under such section 1059 is not immediately available to an approved petition for special
immigrant status under section 1244 of the National
Defense Authorization Act for Fiscal Year 2008 (Public
Law 110–181) [8 U.S.C. 1157 note] notwithstanding any
requirement of subsection (a) or (b) of such section 1244
but subject to the numerical limitations applicable
under subsection (c) of such section 1244, as amended by
this Act.
‘‘(b) DURATION.—The authority under subsection (a)
shall be available only with respect to petitions filed
before October 1, 2008.’’
Pub. L. 109–163, div. A, title X, § 1059, Jan. 6, 2006, 119
Stat. 3443, as amended by Pub. L. 110–28, title III, § 3812,
May 25, 2007, 121 Stat. 151; Pub. L. 110–36, § 1, June 15,
2007, 121 Stat. 227; Pub. L. 110–161, div. J, title VI, § 699J,
Dec. 26, 2007, 121 Stat. 2373, provided that:
‘‘(a) IN GENERAL.—For purposes of the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.), subject to
subsection (c)(1), the Secretary of Homeland Security
may provide an alien described in subsection (b) with
the status of a special immigrant under section
101(a)(27) of such Act (8 U.S.C. 1101(a)(27)), if the alien—
‘‘(1) files with the Secretary of Homeland Security
a petition under section 204 of such Act (8 U.S.C. 1154)
for classification under section 203(b)(4) of such Act (8
U.S.C. 1153(b)(4)); and
‘‘(2) is otherwise eligible to receive an immigrant
visa and is otherwise admissible to the United States
for permanent residence, except in determining such
admissibility, the grounds for inadmissibility specified in section 212(a)(4) of such Act (8 U.S.C. 1182(a)(4))
shall not apply.
‘‘(b) ALIENS DESCRIBED.—
‘‘(1) PRINCIPAL ALIENS.—An alien is described in this
subsection if the alien—
‘‘(A) is a national of Iraq or Afghanistan;
‘‘(B) worked directly with United States Armed
Forces, or under Chief of Mission authority, as a
translator or interpreter for a period of at least 12
months;
‘‘(C) obtained a favorable written recommendation from the Chief of Mission or a general or flag

§ 1101

TITLE 8—ALIENS AND NATIONALITY

officer in the chain of command of the United
States Armed Forces unit that was supported by
the alien; and
‘‘(D) before filing the petition described in subsection (a)(1), cleared a background check and
screening, as determined by the Chief of Mission or
a general or flag officer in the chain of command of
the United States Armed Forces unit that was supported by the alien.
‘‘(2) SPOUSES AND CHILDREN.—An alien is described
in this subsection if the alien is the spouse or child
of a principal alien described in paragraph (1), and is
following or accompanying to join the principal
alien.
‘‘(c) NUMERICAL LIMITATIONS.—
‘‘(1) IN GENERAL.—The total number of principal
aliens who may be provided special immigrant status
under this section—
‘‘(A) during each of the fiscal years 2007 and 2008,
shall not exceed 500; and
‘‘(B) during any other fiscal year shall not exceed
50.
‘‘(2) ALIENS EXEMPT FROM EMPLOYMENT-BASED NUMERICAL LIMITATIONS.—For purposes of the application of sections 201 through 203 of the Immigration
and Nationality Act (8 U.S.C. 1151–1153) in any fiscal
year, aliens eligible to be provided status under this
section shall be treated as special immigrants described in section 101(a)(27) of such Act (8 U.S.C.
1101(a)(27)) who are not described in subparagraph (A),
(B), (C), or (K) of such section and shall not be counted against the numerical limitations under sections
201(d), 202(a), and 203(b)(4) of the Immigration and Nationality Act (8 U.S.C. 1151(d), 1152(a), and 1153(b)(4)).
‘‘(3) CARRY FORWARD.—If the numerical limitation
described in paragraph (1) is not reached during a
given fiscal year, the numerical limitation for the
following fiscal year shall be increased by a number
equal to the difference between the number of visas
authorized for the given fiscal year and the number of
aliens provided special immigrant status during the
given fiscal year.
‘‘(d) ADJUSTMENT OF STATUS.—Notwithstanding paragraphs (2), (7) and (8) of section 245(c) of the Immigration and Nationality Act (8 U.S.C. 1255(c)), the Secretary of Homeland Security may adjust the status of
an alien to that of a lawful permanent resident under
section 245(a) of such Act if the alien—
‘‘(1) was paroled or admitted as a nonimmigrant
into the United States; and
‘‘(2) is otherwise eligible for special immigrant
status under this section and under the Immigration
and Nationality Act [8 U.S.C. 1101 et seq.].
‘‘(e) NATURALIZATION.—
‘‘(1) IN GENERAL.—An absence from the United
States described in paragraph (2) shall not be considered to break any period for which continuous residence in the United States is required for naturalization under title III of the Immigration and Nationality Act (8 U.S.C. 1401 et seq.).
‘‘(2) ABSENCE DESCRIBED.—An absence described in
this paragraph is an absence from the United States
due to a person’s employment by the Chief of Mission
or United States Armed Forces, under contract with
the Chief of Mission or United States Armed Forces,
or by a firm or corporation under contract with the
Chief of Mission or United States Armed Forces, if—
‘‘(A) such employment involved working with the
Chief of Mission or United States Armed Forces as
a translator or interpreter; and
‘‘(B) the person spent at least a portion of the
time outside of the United States working directly
with the Chief of Mission or United States Armed
Forces as a translator or interpreter in Iraq or Afghanistan.
‘‘(f) APPLICATION OF IMMIGRATION AND NATIONALITY
ACT PROVISIONS.—The definitions in subsections (a) and
(b) of section 101 of the Immigration and Nationality
Act (8 U.S.C. 1101) shall apply in the administration of
this section.’’

Page 50

[Pub. L. 110–28 and Pub. L. 110–36 made identical
amendments to section 1059 of Pub. L. 109–163, set out
above, except for the redesignation of subsec. (d) and
addition of subsec. (e). Amendments by Pub. L. 110–36
were executed in lieu of the amendments by Pub. L.
110–28, to reflect the probable intent of Congress.]
BATTERED IMMIGRANT WOMEN; FINDINGS AND PURPOSES
Pub. L. 106–386, div. B, title V, § 1502, Oct. 28, 2000, 114
Stat. 1518, provided that:
‘‘(a) FINDINGS.—Congress finds that—
‘‘(1) the goal of the immigration protections for
battered immigrants included in the Violence
Against Women Act of 1994 [Pub. L. 103–322, title IV,
see Tables for classification] was to remove immigration laws as a barrier that kept battered immigrant
women and children locked in abusive relationships;
‘‘(2) providing battered immigrant women and children who were experiencing domestic violence at
home with protection against deportation allows
them to obtain protection orders against their abusers and frees them to cooperate with law enforcement
and prosecutors in criminal cases brought against
their abusers and the abusers of their children without fearing that the abuser will retaliate by withdrawing or threatening withdrawal of access to an
immigration benefit under the abuser’s control; and
‘‘(3) there are several groups of battered immigrant
women and children who do not have access to the
immigration protections of the Violence Against
Women Act of 1994 which means that their abusers
are virtually immune from prosecution because their
victims can be deported as a result of action by their
abusers and the Immigration and Naturalization
Service cannot offer them protection no matter how
compelling their case under existing law.
‘‘(b) PURPOSES.—The purposes of this title [see Short
Title of 2000 Amendments note above] are—
‘‘(1) to remove barriers to criminal prosecutions of
persons who commit acts of battery or extreme cruelty against immigrant women and children; and
‘‘(2) to offer protection against domestic violence
occurring in family and intimate relationships that
are covered in State and tribal protection orders, domestic violence, and family law statutes.’’
PROTECTION FOR CERTAIN CRIME VICTIMS INCLUDING
VICTIMS OF CRIMES AGAINST WOMEN
Pub. L. 106–386, div. B, title V, § 1513(a), Oct. 28, 2000,
114 Stat. 1533, provided that:
‘‘(a) FINDINGS AND PURPOSE.—
‘‘(1) FINDINGS.—Congress makes the following findings:
‘‘(A) Immigrant women and children are often
targeted to be victims of crimes committed against
them in the United States, including rape, torture,
kidnaping, trafficking, incest, domestic violence,
sexual assault, female genital mutilation, forced
prostitution, involuntary servitude, being held hostage or being criminally restrained.
‘‘(B) All women and children who are victims of
these crimes committed against them in the United
States must be able to report these crimes to law
enforcement and fully participate in the investigation of the crimes committed against them and the
prosecution of the perpetrators of such crimes.
‘‘(2) PURPOSE.—
‘‘(A) The purpose of this section [amending this
section and sections 1182, 1184, 1255, and 1367 of this
title] is to create a new nonimmigrant visa classification that will strengthen the ability of law enforcement agencies to detect, investigate, and prosecute cases of domestic violence, sexual assault,
trafficking of aliens, and other crimes described in
section 101(a)(15)(U)(iii) of the Immigration and Nationality Act [8 U.S.C. 1101(a)(15)(U)(iii)] committed
against aliens, while offering protection to victims
of such offenses in keeping with the humanitarian
interests of the United States. This visa will en-

Page 51

TITLE 8—ALIENS AND NATIONALITY

courage law enforcement officials to better serve
immigrant crime victims and to prosecute crimes
committed against aliens.
‘‘(B) Creating a new nonimmigrant visa classification will facilitate the reporting of crimes to
law enforcement officials by trafficked, exploited,
victimized, and abused aliens who are not in lawful
immigration status. It also gives law enforcement
officials a means to regularize the status of cooperating individuals during investigations or prosecutions. Providing temporary legal status to aliens
who have been severely victimized by criminal activity also comports with the humanitarian interests of the United States.
‘‘(C) Finally, this section gives the Attorney General discretion to convert the status of such nonimmigrants to that of permanent residents when
doing so is justified on humanitarian grounds, for
family unity, or is otherwise in the public interest.’’
PHILIPPINE TRADERS AS NONIMMIGRANTS
Philippine traders classifiable as nonimmigrants
under subsec. (a)(15)(E) of this section, see section 1184a
of this title.
IRISH PEACE PROCESS CULTURAL AND TRAINING
PROGRAM
Pub. L. 105–319, Oct. 30, 1998, 112 Stat. 3013, as amended by Pub. L. 107–234, § 1, Oct. 4, 2002, 116 Stat. 1481; Pub.
L. 108–449, § 1(a), Dec. 10, 2004, 118 Stat. 3469, known as
the Irish Peace Process Cultural and Training Program
Act of 1998, which related to the Irish Peace Process
Cultural and Training Program, was repealed by section 2(c)(1) of Pub. L. 105–319, effective Oct. 1, 2008.
COORDINATION OF AMENDMENTS BY PUB. L. 104–208
Section 1(b) of div. C of Pub. L. 104–208 provided that:
‘‘Except as otherwise specifically provided—
‘‘(1) whenever in this division [see Tables for classification] an amendment or repeal is expressed as the
amendment or repeal of a section or other provision,
the reference shall be considered to be made to that
section or provision in the Immigration and Nationality Act [8 U.S.C. 1101 et seq.]; and
‘‘(2) amendments to a section or other provision are
to such section or other provision before any amendment made to such section or other provision elsewhere in this division.’’
APPLICABILITY OF TITLE V OF DIVISION C OF PUB. L.
104–208 TO FOREIGN ASSISTANCE
Section 592 of title V of div. C of Pub. L. 104–208 provided that: ‘‘This title [see Effective Date of 1996
Amendment note above] does not apply to any Federal,
State, or local governmental program, assistance, or
benefits provided to an alien under any program of foreign assistance as determined by the Secretary of State
in consultation with the Attorney General.’’
NOTIFICATION TO PUBLIC AND PROGRAM RECIPIENTS OF
CHANGES REGARDING ELIGIBILITY FOR PROGRAMS
Section 593 of title V of div. C of Pub. L. 104–208 provided that:
‘‘(a) IN GENERAL.—Each agency of the Federal Government or a State or political subdivision that administers a program affected by the provisions of this title
[see Effective Date of 1996 Amendment note above],
shall, directly or through the States, provide general
notification to the public and to program recipients of
the changes regarding eligibility for any such program
pursuant to this title.
‘‘(b) FAILURE TO GIVE NOTICE.—Nothing in this section shall be construed to require or authorize continu-

§ 1101

ation of eligibility if the notice under this section is
not provided.’’
REPORT ON ALIENS GRANTED REFUGEE STATUS OR ASYLUM DUE TO PERSECUTION FOR RESISTANCE TO COERCIVE POPULATION CONTROL METHODS
Section 601(a)(2) of div. C of Pub. L. 104–208 provided
that: ‘‘Not later than 90 days after the end of each fiscal year, the Attorney General shall submit a report to
the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the
Senate describing the number and countries of origin of
aliens granted refugee status or asylum under determinations pursuant to the amendment made by paragraph (1) [amending this section]. Each such report
shall also contain projections regarding the number
and countries of origin of aliens that are likely to be
granted refugee status or asylum for the subsequent 2
fiscal years.’’
SENSE OF CONGRESS REGARDING AMERICAN-MADE
PRODUCTS; REQUIREMENTS FOR NOTICE
Section 648 of div. C of Pub. L. 104–208 provided that:
‘‘(a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND
PRODUCTS.—It is the sense of the Congress that, to the
greatest extent practicable, all equipment and products
purchased with funds made available under this division [see Tables for classification] should be Americanmade.
‘‘(b) NOTICE TO RECIPIENTS OF GRANTS.—In providing
grants under this division, the Attorney General, to the
greatest extent practicable, shall provide to each recipient of a grant a notice describing the statement made
in subsection (a) by the Congress.’’
IMPROVING BORDER CONTROLS
Section 130006 of Pub. L. 103–322 provided that:
‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated for the Immigration and
Naturalization Service to increase the resources for the
Border Patrol, the Inspections Program, and the Deportation Branch to apprehend illegal aliens who attempt
clandestine entry into the United States or entry into
the United States with fraudulent documents or who
remain in the country after their nonimmigrant visas
expire—
‘‘(1) $228,000,000 for fiscal year 1995;
‘‘(2) $185,000,000 for fiscal year 1996;
‘‘(3) $204,000,000 for fiscal year 1997; and
‘‘(4) $58,000,000 for fiscal year 1998.
‘‘Of the sums authorized in this section, all necessary
funds shall, subject to the availability of appropriations, be allocated to increase the number of agent positions (and necessary support personnel positions) in
the Border Patrol by not less than 1,000 full-time equivalent positions in each of fiscal years 1995, 1996, 1997,
and 1998 beyond the number funded as of October 1,
1994.
‘‘(b) REPORT.—By September 30, 1996 and September
30, 1998, the Attorney General shall report to the Congress on the programs described in this section. The report shall include an evaluation of the programs, an
outcome-based measurement of performance, and an
analysis of the cost effectiveness of the additional resources provided under this Act [see Tables for classification].’’
VISAS FOR OFFICIALS OF TAIWAN
Section 221 of Pub. L. 103–416, as amended by Pub. L.
104–208, div. C, title III, § 308(d)(3)(E), title VI,
§ 671(b)(12), Sept. 30, 1996, 110 Stat. 3009–617, 3009–722,
provided that: ‘‘Whenever the President of Taiwan or
any other high-level official of Taiwan shall apply to
visit the United States for the purposes of discussions
with United States Federal or State government officials concerning—
‘‘(1) trade or business with Taiwan that will reduce
the United States-Taiwan trade deficit,
‘‘(2) prevention of nuclear proliferation,

§ 1101

TITLE 8—ALIENS AND NATIONALITY

‘‘(3) threats to the national security of the United
States,
‘‘(4) the protection of the global environment,
‘‘(5) the protection of endangered species, or
‘‘(6) regional humanitarian disasters,
the official shall be admitted to the United States, unless the official is otherwise inadmissible under the immigration laws of the United States.’’
CONSTRUCTION OF EXPEDITED DEPORTATION
REQUIREMENTS
Section 225 of Pub. L. 103–416, as amended by Pub. L.
104–132, title IV, § 436(b)(2), Apr. 24, 1996, 110 Stat. 1275;
Pub. L. 104–208, div. C, title III, § 308(c)(4)(B), Sept. 30,
1996, 110 Stat. 3009–616, provided that: ‘‘No amendment
made by this Act [see Tables for classification] shall be
construed to create any substantive or procedural right
or benefit that is legally enforceable by any party
against the United States or its agencies or officers or
any other person.’’
[Amendment by Pub. L. 104–132 effective as if included in enactment of Pub. L. 103–416, see section
436(b)(3) of Pub. L. 104–132 set out as an Effective Date
of 1996 Amendment note under section 1252 of this
title.]
REPORT ON ADMISSION OF CERTAIN NONIMMIGRANTS
Section 202(b) of Pub. L. 102–232 directed Comptroller
General, by not later than Oct. 1, 1994, to submit to
Committees on the Judiciary of Senate and of House of
Representatives a report containing information relating to the admission of artists, entertainers, athletes,
and related support personnel as nonimmigrants under
8 U.S.C. 1101(a)(15)(O), (P), and information on the laws,
regulations, and practices in effect in other countries
that affect United States citizens and permanent resident aliens in the arts, entertainment, and athletics, in
order to evaluate the impact of such admissions, laws,
regulations, and practices on such citizens and aliens,
directed Chairman of the Committee on the Judiciary
of Senate to make the report available to interested
parties and to hold a hearing respecting the report and
directed such Committee to report to Senate its findings and any legislation it deems appropriate.
DELAY UNTIL APRIL 1, 1992, IN IMPLEMENTATION OF
PROVISIONS RELATING TO NONIMMIGRANT ARTISTS,
ATHLETES, ENTERTAINERS, AND FASHION MODELS
Section 3 of Pub. L. 102–110 provided that: ‘‘Section
214(g)(1)(C) of the Immigration and Nationality Act [8
U.S.C. 1184(g)(1)(C)] shall not apply to the issuance of
visas or provision of status before April 1, 1992. Aliens
seeking nonimmigrant admission as artists, athletes,
entertainers, or fashion models (or for the purpose of
accompanying or assisting in an artistic or athletic
performance) before April 1, 1992, shall not be admitted
under subparagraph (O)(i), (O)(ii), (P)(i), or (P)(iii) of
section 101(a)(15) of such Act [8 U.S.C. 1101(a)(15)], but
may be admitted under the terms of subparagraph
(H)(i)(b) of such section (as in effect on September 30,
1991).’’
COMMISSION ON IMMIGRATION REFORM
Section 141 of Pub. L. 101–649, as amended by Pub. L.
102–232, title III, § 302(c)(1), Dec. 12, 1991, 105 Stat. 1744,
provided that:
‘‘(a) ESTABLISHMENT AND COMPOSITION OF COMMISSION.—(1) Effective October 1, 1991, there is established
a Commission on Immigration Reform (in this section
referred to as the ‘Commission’) which shall be composed of 9 members to be appointed as follows:
‘‘(A) One member who shall serve as Chairman, to
be appointed by the President.
‘‘(B) Two members to be appointed by the Speaker
of the House of Representatives who shall select such
members from a list of nominees provided by the
Chairman of the Committee on the Judiciary of the
House of Representatives.
‘‘(C) Two members to be appointed by the Minority
Leader of the House of Representatives who shall se-

Page 52

lect such members from a list of nominees provided
by the ranking minority member of the Subcommittee on Immigration, Refugees, and International Law
of the Committee on the Judiciary of the House of
Representatives.
‘‘(D) Two members to be appointed by the Majority
Leader of the Senate who shall select such members
from a list of nominees provided by the Chairman of
the Subcommittee on Immigration and Refugee Affairs of the Committee on the Judiciary of the Senate.
‘‘(E) Two members to be appointed by the Minority
Leader of the Senate who shall select such members
from a list of nominees provided by the ranking minority member of the Subcommittee on Immigration
and Refugee Affairs of the Committee on the Judiciary of the Senate.
‘‘(2) Initial appointments to the Commission shall be
made during the 45-day period beginning on October 1,
1991. A vacancy in the Commission shall be filled in the
same manner in which the original appointment was
made.
‘‘(3) Members shall be appointed to serve for the life
of the Commission, except that the term of the member
described in paragraph (1)(A) shall expire at noon on
January 20, 1993, and the President shall appoint an individual to serve for the remaining life of the Commission.
‘‘(b) FUNCTIONS OF COMMISSION.—The Commission
shall—
‘‘(1) review and evaluate the impact of this Act and
the amendments made by this Act [see Tables for
classification], in accordance with subsection (c); and
‘‘(2) transmit to the Congress—
‘‘(A) not later than September 30, 1994, a first report describing the progress made in carrying out
paragraph (1), and
‘‘(B) not later than September 30, 1997, a final report setting forth the Commission’s findings and
recommendations, including such recommendations
for additional changes that should be made with respect to legal immigration into the United States
as the Commission deems appropriate.
‘‘(c) CONSIDERATIONS.—
‘‘(1) PARTICULAR CONSIDERATIONS.—In particular,
the Commission shall consider the following:
‘‘(A) The requirements of citizens of the United
States and of aliens lawfully admitted for permanent residence to be joined in the United States by
immediate family members and the impact which
the establishment of a national level of immigration has upon the availability and priority of family preference visas.
‘‘(B) The impact of immigration and the implementation of the employment-based and diversity
programs on labor needs, employment, and other
economic and domestic conditions in the United
States.
‘‘(C) The social, demographic, and natural resources impact of immigration.
‘‘(D) The impact of immigration on the foreign
policy and national security interests of the United
States.
‘‘(E) The impact of per country immigration levels on family-sponsored immigration.
‘‘(F) The impact of the numerical limitation on
the adjustment of status of aliens granted asylum.
‘‘(G) The impact of the numerical limitations on
the admission of nonimmigrants under section
214(g) of the Immigration and Nationality Act [8
U.S.C. 1184(g)].
‘‘(2) DIVERSITY PROGRAM.—The Commission shall
analyze the information maintained under section
203(c)(3) of the Immigration and Nationality Act [8
U.S.C. 1153(c)(3)] and shall report to Congress in its
report under subsection (b)(2) on—
‘‘(A) the characteristics of individuals admitted
under section 203(c) of the Immigration and Nationality Act, and
‘‘(B) how such characteristics compare to the
characteristics of family-sponsored immigrants and
employment-based immigrants.

Page 53

TITLE 8—ALIENS AND NATIONALITY

§ 1101

The Commission shall include in the report an assessment of the effect of the requirement of paragraph (2)
of section 203(c) of the Immigration and Nationality
Act on the diversity, educational, and skill level of
aliens admitted.
‘‘(d) COMPENSATION OF MEMBERS.—(1) Each member of
the Commission who is not an officer or employee of
the Federal Government is entitled to receive, subject
to such amounts as are provided in advance in appropriations Acts, pay at the daily equivalent of the minimum annual rate of basic pay in effect for grade GS–18
of the General Schedule. Each member of the Commission who is such an officer or employee shall serve
without additional pay.
‘‘(2) While away from their homes or regular places of
business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence.
‘‘(e) MEETINGS, STAFF, AND AUTHORITY OF COMMISSION.—The provisions of subsections (e) through (g) of
section 304 of the Immigration Reform and Control Act
of 1986 [Pub. L. 99–603, set out as a note under section
1160 of this title] shall apply to the Commission in the
same manner as they apply to the Commission established under such section, except that paragraph (2) of
subsection (e) thereof shall not apply.
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—(1) There
are authorized to be appropriated to the Commission
such sums as may be necessary to carry out this section.
‘‘(2) Notwithstanding any other provision of this section, the authority to make payments, or to enter into
contracts, under this section shall be effective only to
such extent, or in such amounts, as are provided in advance in appropriations Acts.
‘‘(g) TERMINATION DATE.—The Commission shall terminate on the date on which a final report is required
to be transmitted under subsection (b)(2)(B), except
that the Commission may continue to function until
January 1, 1998, for the purpose of concluding its activities, including providing testimony to standing committees of Congress concerning its final report under
this section and disseminating that report.
‘‘(h) CONGRESSIONAL RESPONSE.—(1) No later than 90
days after the date of receipt of each report transmitted under subsection (b)(2), the Committees on the Judiciary of the House of Representatives and of the Senate shall initiate hearings to consider the findings and
recommendations of the report.
‘‘(2) No later than 180 days after the date of receipt of
such a report, each such Committee shall report to its
respective House its oversight findings and any legislation it deems appropriate.
‘‘(i) PRESIDENTIAL REPORT.—The President shall conduct a review and evaluation and provide for the transmittal of reports to the Congress in the same manner
as the Commission is required to conduct a review and
evaluation and to transmit reports under subsection
(b).’’
[References in laws to the rates of pay for GS–16, 17,
or 18, or to maximum rates of pay under the General
Schedule, to be considered references to rates payable
under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)]
of Pub. L. 101–509, set out in a note under section 5376
of Title 5.]

Section 204(b) of Pub. L. 101–649 provided that: ‘‘Each
of the following foreign states shall be considered, for
purposes of section 101(a)(15)(E) of the Immigration and
Nationality Act [8 U.S.C. 1101(a)(15)(E)], to be a foreign
state described in such section if the foreign state extends reciprocal nonimmigrant treatment to nationals
of the United States:
‘‘(1) The largest foreign state in each region (as defined in section 203(c)(1) of the Immigration and Nationality Act [8 U.S.C. 1153(c)(1)]) which (A) has 1 or
more dependent areas (as determined for purposes of
section 202 of such Act [8 U.S.C. 1152]) and (B) does
not have a treaty of commerce and navigation with
the United States.
‘‘(2) The foreign state which (A) was identified as an
adversely affected foreign state for purposes of section 314 of the Immigration Reform and Control Act
of 1986 [Pub. L. 99–603, set out as a note under section
1153 of this title] and (B) does not have a treaty of
commerce and navigation with the United States, but
(C) had such a treaty with the United States before
1925.’’

SPECIAL IMMIGRANT STATUS FOR CERTAIN ALIENS EMPLOYED AT UNITED STATES MISSION IN HONG KONG
(D SPECIAL IMMIGRANTS)

CLARIFICATION OF TREATMENT OF CERTAIN INTERNATIONAL ACCOUNTING AND MANAGEMENT CONSULTING
FIRMS

Section 152 of Pub. L. 101–649, as amended by Pub. L.
102–232, title III, § 302(d)(1), Dec. 12, 1991, 105 Stat. 1744,
provided that:
‘‘(a) IN GENERAL.—Subject to subsection (c), an alien
described in subsection (b) shall be treated as a special
immigrant described in section 101(a)(27)(D) of the Immigration and Nationality Act [8 U.S.C. 1101(a)(27)(D)].
‘‘(b) ALIENS COVERED.—An alien is described in this
subsection if—
‘‘(1) the alien is—

Section 206(a) of Pub. L. 101–649, as amended by Pub.
L. 102–232, title III, § 303(a)(9), Dec. 12, 1991, 105 Stat.
1748; Pub. L. 106–95, § 6, Nov. 12, 1999, 113 Stat. 1319, provided that: ‘‘In applying sections 101(a)(15)(L) and
203(b)(1)(C) of the Immigration and Nationality Act [8
U.S.C. 1101(a)(15)(L), 1153(b)(1)(C)], and for no other purpose, in the case of a partnership that is organized in
the United States to provide accounting or management consulting services and that markets its accounting or management consulting services under an inter-

‘‘(A) an employee at the United States consulate
in Hong Kong under the authority of the Chief of
Mission (including employment pursuant to section
5913 of title 5, United States Code) and has performed faithful service as such an employee for a
total of three years or more, or
‘‘(B) a member of the immediate family (as defined in 6 Foreign Affairs Manual 117k as of the
date of the enactment of this Act [Nov. 29, 1990]) of
an employee described in subparagraph (A) who has
been living with the employee in the same household;
‘‘(2) the welfare of the employee or such an immediate family member is subject to a clear threat due
directly to the employee’s employment with the
United States Government or under a United States
Government official; and
‘‘(3) the principal officer in Hong Kong, in the officer’s discretion, has recommended the granting of
special immigrant status to such alien in exceptional
circumstances and the Secretary of State approves
such recommendation and finds that it is in the national interest to grant such status.
‘‘(c) EXPIRATION.—Subsection (a) shall only apply to
aliens who file an application for special immigrant
status under this section by not later than January 1,
2002.
‘‘(d) LIMITED WAIVER OF NUMERICAL LIMITATIONS.—
The first 500 visas made available to aliens as special
immigrants under this section shall not be counted
against any numerical limitation established under
section 201 or 202 of the Immigration and Nationality
Act [8 U.S.C. 1151 or 1152].’’
INAPPLICABILITY OF AMENDMENT BY PUB. L. 101–649
Amendment by section 203(c) of Pub. L. 101–649 not to
affect performance of longshore work in United States
by citizens or nationals of United States, see section
203(a)(2) of Pub. L. 101–649, set out as a note under section 1288 of this title.
APPLICATION OF TREATY TRADER FOR CERTAIN FOREIGN
STATES

§ 1101

TITLE 8—ALIENS AND NATIONALITY

nationally recognized name under an agreement with a
worldwide coordinating organization that is collectively owned and controlled by the member accounting
and management consulting firms or by the elected
members (partners, shareholders, members, employees)
thereof, an entity that is organized outside the United
States to provide accounting or management consulting services shall be considered to be an affiliate of the
United States accounting or management consulting
partnership if it markets its accounting or management consulting services under the same internationally recognized name directly or indirectly under an
agreement with the same worldwide coordinating organization of which the United States partnership is also
a member. Those partnerships organized within the
United States and entities organized outside the United
States which are considered affiliates under this subsection shall continue to be considered affiliates to the
extent such firms enter into a plan of association with
a successor worldwide coordinating organization, which
need not be collectively owned and controlled.’’
ADMISSION OF NONIMMIGRANTS FOR COOPERATIVE RESEARCH, DEVELOPMENT, AND COPRODUCTION PROJECTS
Section 222 of Pub. L. 101–649, as amended by Pub. L.
102–232, title III, § 303(b)(3), Dec. 12, 1991, 105 Stat. 1748,
provided that:
‘‘(a) IN GENERAL.—Subject to subsection (b), the Attorney General shall provide for nonimmigrant status
in the case of an alien who—
‘‘(1) has a residence in a foreign country which the
alien has no intention of abandoning, and
‘‘(2) is coming to the United States, upon a basis of
reciprocity, to perform services of an exceptional nature requiring such merit and ability relating to a cooperative research and development project or a coproduction project provided under a government-togovernment agreement administered by the Secretary of Defense, but not to exceed a period of more
than 10 years,
or who is the spouse or minor child of such an alien if
accompanying or following to join the alien.
‘‘(b) NUMERICAL LIMITATION.—The number of aliens
who may be admitted as (or otherwise be provided the
status of) a nonimmigrant under this section at any
time may not exceed 100.’’
ESTABLISHMENT OF SPECIAL EDUCATION EXCHANGE
VISITOR PROGRAM
Section 223 of Pub. L. 101–649, as amended by Pub. L.
102–232, title III, § 303(b)(4), Dec. 12, 1991, 105 Stat. 1748,
provided that:
‘‘(a) IN GENERAL.—Subject to subsection (b), the Attorney General shall provide for nonimmigrant status
in the case of an alien who—
‘‘(1) has a residence in a foreign country which the
alien has no intention of abandoning, and
‘‘(2) is coming temporarily to the United States (for
a period not to exceed 18 months) as a participant in
a special education training program which provides
for practical training and experience in the education
of children with physical, mental, or emotional disabilities,
or who is the spouse or minor child of such an alien if
accompanying or following to join the alien.
‘‘(b) NUMERICAL LIMITATION.—The number of aliens
who may be admitted as (or otherwise be provided the
status of) a nonimmigrant under this section in any fiscal year may not exceed 50.’’
EXTENSION OF H–1 IMMIGRATION STATUS FOR CERTAIN
NONIMMIGRANTS EMPLOYED IN COOPERATIVE RESEARCH AND DEVELOPMENT PROJECTS AND COPRODUCTION PROJECTS
Pub. L. 101–189, div. A, title IX, § 937, Nov. 29, 1989, 103
Stat. 1538, provided that: ‘‘The Attorney General shall
provide for the extension through December 31, 1991, of
nonimmigrant status under section 101(a)(15)(H)(i) of
the Immigration and Nationality Act (8 U.S.C.

Page 54

1101(a)(15)(H)(i)) for an alien to perform temporarily
services relating to a cooperative research and development project or a coproduction project provided under
a government-to-government agreement administered
by the Secretary of Defense in the case of an alien who
has had such status for a period of at least five years
if such status has not expired as of the date of the enactment of this Act [Nov. 29, 1989] but would otherwise
expire during 1989, 1990, or 1991, due only to the time
limitations with respect to such status.’’
EXTENSION OF H–1 STATUS FOR CERTAIN REGISTERED
NURSES THROUGH DECEMBER 31, 1989
Pub. L. 100–658, § 4, Nov. 15, 1988, 102 Stat. 3909, provided that: ‘‘The Attorney General shall provide for the
extension through December 31, 1989, of nonimmigrant
status under section 101(a)(15)(H)(i) of the Immigration
and Nationality Act [8 U.S.C. 1101(a)(15)(H)(i)] for an
alien to perform temporarily services as a registered
nurse in the case of an alien who has had such status
for a period of at least 5 years if—
‘‘(1) such status has not expired as of the date of the
enactment of this Act [Nov. 15, 1988] but would otherwise expire during 1988 or 1989, due only to the time
limitation with respect to such status; or
‘‘(2)(A) the alien’s status as such a nonimmigrant
expired during the period beginning on January 1,
1987, and ending on the date of the enactment of this
Act, due only to the time limitation with respect to
such status,
‘‘(B) the alien is present in the United States as of
the date of the enactment of this Act,
‘‘(C) the alien has been employed as a registered
nurse in the United States since the date of expiration of such status, and
‘‘(D) in the case of an alien whose status expired
during 1987, the alien’s employer has filed with the
Immigration and Naturalization Service, before the
date of the enactment of this Act, an appeal of a petition filed in connection with the alien’s application
for extension of such status.’’
RESIDENCE WITHIN UNITED STATES CONTINUED DURING
PERIOD OF ABSENCE
Section 2(o)(2) of Pub. L. 100–525 provided that: ‘‘Only
for purposes of section 101(a)(27)(I) of the Immigration
and Nationality Act [8 U.S.C. 1101(a)(27)(I)], an alien
who is or was an officer or employee of an international
organization (or is the unmarried son or daughter or
surviving spouse of such an officer or employee or
former officer or employee) is considered to be residing
and physically present in the United States during a
period in which the alien is residing in the United
States but is absent from the United States because of
the officer’s or employee’s need to conduct official
business on behalf of the organization or because of
customary leave, but only if during the period of the
absence the officer or employee continues to have a
duty station in the United States and, in the case of
such an unmarried son or daughter, the son or daughter
is not enrolled in a school outside the United States.’’
NONIMMIGRANT TRADERS AND INVESTORS UNDER
UNITED STATES-CANADA FREE-TRADE AGREEMENT
For provisions allowing Canadian citizens to be classifiable as nonimmigrants under subsec. (a)(15)(E) of
this section upon a basis of reciprocity secured by the
United States-Canada Free-Trade Agreement, see section 307(a) of Pub. L. 100–449, set out in a note under
section 2112 of Title 19, Customs Duties.
AMERASIAN IMMIGRATION
Pub. L. 100–461, title II, Oct. 1, 1988, 102 Stat. 2268–15,
as amended by Pub. L. 101–167, title II, Nov. 21, 1989, 103
Stat. 1211; Pub. L. 101–302, title II, May 25, 1990, 104
Stat. 228; Pub. L. 101–513, title II, Nov. 5, 1990, 104 Stat.
1996, provided: ‘‘That the provisions of subsection (c) of
section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988, as

Page 55

TITLE 8—ALIENS AND NATIONALITY

contained in section 101(e) of Public Law 100–202 [set
out below], shall apply to an individual who (1) departs
from Vietnam after the date of the enactment of this
Act [Oct. 1, 1988], and (2) is described in subsection (b)
of such section, but who is issued an immigrant visa
under section 201(b) or 203(a) of the Immigration and
Nationality Act [8 U.S.C. 1151(b), 1153(a)] (rather than
under subsection (a) of such section), or would be described in subsection (b) of such section if such section
also applied to principal aliens who were citizens of the
United States (rather than merely to aliens)’’.
Pub. L. 100–202, § 101(e) [title V, § 584], Dec. 22, 1987, 101
Stat. 1329–183, as amended by Pub. L. 101–167, title II,
Nov. 21, 1989, 103 Stat. 1211; Pub. L. 101–513, title II, Nov.
5, 1990, 104 Stat. 1996; Pub. L. 101–649, title VI,
§ 603(a)(20), Nov. 29, 1990, 104 Stat. 5084; Pub. L. 102–232,
title III, § 307(l)(8), Dec. 12, 1991, 105 Stat. 1757, provided
that:
‘‘(a)(1) Notwithstanding any numerical limitations
specified in the Immigration and Nationality Act [8
U.S.C. 1101 et seq.], the Attorney General may admit
aliens described in subsection (b) to the United States
as immigrants if—
‘‘(A) they are admissible (except as otherwise provided in paragraph (2)) as immigrants, and
‘‘(B) they are issued an immigrant visa and depart
from Vietnam on or after March 22, 1988.
‘‘(2) The provisions of paragraphs (4), (5), and (7)(A) of
section 212(a) of the Immigration and Nationality Act
[8 U.S.C. 1182(a)(4), (5), and (7)(A)] shall not be applicable to any alien seeking admission to the United States
under this section, and the Attorney General on the
recommendation of a consular officer may waive any
other provision of such section (other than paragraph
(2)(C) or subparagraph (A), (B), (C), or (E) of paragraph
(3)) with respect to such an alien for humanitarian purposes, to assure family unity, or when it is otherwise in
the public interest. Any such waiver by the Attorney
General shall be in writing and shall be granted only on
an individual basis following an investigation by a consular officer.
‘‘(3) Notwithstanding section 221(c) of the Immigration and Nationality Act [8 U.S.C. 1201(c)], immigrant
visas issued to aliens under this section shall be valid
for a period of one year.
‘‘(b)(1) An alien described in this section is an alien
who, as of the date of the enactment of this Act [Dec.
22, 1987], is residing in Vietnam and who establishes to
the satisfaction of a consular officer or an officer of the
Immigration and Naturalization Service after a faceto-face interview, that the alien—
‘‘(A)(i) was born in Vietnam after January 1, 1962,
and before January 1, 1976, and (ii) was fathered by a
citizen of the United States (such an alien in this section referred to as a ‘principal alien’);
‘‘(B) is the spouse or child of a principal alien and
is accompanying, or following to join, the principal
alien; or
‘‘(C) subject to paragraph (2), either (i) is the principal alien’s natural mother (or is the spouse or child
of such mother), or (ii) has acted in effect as the principal alien’s mother, father, or next-of-kin (or is the
spouse or child of such an alien), and is accompanying, or following to join, the principal alien.
‘‘(2) An immigrant visa may not be issued to an alien
under paragraph (1)(C) unless the officer referred to in
paragraph (1) has determined, in the officer’s discretion, that (A) such an alien has a bona fide relationship
with the principal alien similar to that which exists between close family members and (B) the admission of
such an alien is necessary for humanitarian purposes or
to assure family unity. If an alien described in paragraph (1)(C)(ii) is admitted to the United States, the
natural mother of the principal alien involved shall
not, thereafter, be accorded any right, privilege, or
status under the Immigration and Nationality Act [8
U.S.C. 1101 et seq.] by virtue of such parentage.
‘‘(3) For purposes of this section, the term ‘child’ has
the meaning given such term in section 101(b)(1)(A),
(B), (C), (D), and (E) of the Immigration and Nationality Act [8 U.S.C. 1101(b)(1)(A)–(E)].

§ 1101

‘‘(c) Any alien admitted (or awaiting admission) to
the United States under this section shall be eligible
for benefits under chapter 2 of title IV of the Immigration and Nationality Act [8 U.S.C. 1521 et seq.] to the
same extent as individuals admitted (or awaiting admission) to the United States under section 207 of such
Act [8 U.S.C. 1157] are eligible for benefits under such
chapter.
‘‘(d) The Attorney General, in cooperation with the
Secretary of State, shall report to Congress 1 year, 2
years, and 3 years, after the date of the enactment of
this Act [Dec. 22, 1987] on the implementation of this
section. Each such report shall include the number of
aliens who are issued immigrant visas and who are admitted to the United States under this section and
number of waivers granted under subsection (a)(2) and
the reasons for granting such waivers.
‘‘(e) Except as otherwise specifically provided in this
section, the definitions contained in the Immigration
and Nationality Act [8 U.S.C. 1101 et seq.] shall apply in
the administration of this section and nothing contained in this section shall be held to repeal, amend,
alter, modify, effect, or restrict the powers, duties,
functions, or authority of the Attorney General in the
administration and enforcement of such Act or any
other law relating to immigration, nationality, or naturalization. The fact that an alien may be eligible to be
granted the status of having been lawfully admitted for
permanent residence under this section shall not preclude the alien from seeking such status under any
other provision of law for which the alien may be eligible.’’
[Section 307(l)(8) of Pub. L. 102–232 provided that the
amendment made by that section to section 101(e) [title
V, § 584(a)(2)] of Pub. L. 100–202, set out above, is effective as if included in section 603(a) of the Immigration
Act of 1990, Pub. L. 101–649.]
[Pub. L. 101–513, title II, Nov. 5, 1990, 104 Stat. 1996,
provided that the amendment made by Pub. L. 101–513
to Pub. L. 100–202, § 101(e) [title V, § 584(b)(2)], set out
above, is effective Dec. 22, 1987.]
AUTHORIZATION OF APPROPRIATIONS FOR ENFORCEMENT
AND SERVICE ACTIVITIES OF IMMIGRATION AND NATURALIZATION SERVICE
Section 111 of Pub. L. 99–603 provided that:
‘‘(a) TWO ESSENTIAL ELEMENTS.—It is the sense of
Congress that two essential elements of the program of
immigration control established by this Act [see Short
Title of 1986 Amendments note above] are—
‘‘(1) an increase in the border patrol and other inspection and enforcement activities of the Immigration and Naturalization Service and of other appropriate Federal agencies in order to prevent and deter
the illegal entry of aliens into the United States and
the violation of the terms of their entry, and
‘‘(2) an increase in examinations and other service
activities of the Immigration and Naturalization
Service and other appropriate Federal agencies in
order to ensure prompt and efficient adjudication of
petitions and applications provided for under the Immigration and Nationality Act [this chapter].
‘‘(b) INCREASED AUTHORIZATION OF APPROPRIATIONS
FOR INS AND EOIR.—In addition to any other amounts
authorized to be appropriated, in order to carry out
this Act there are authorized to be appropriated to the
Department of Justice—
‘‘(1) for the Immigration and Naturalization Service, for fiscal year 1987, $422,000,000, and for fiscal year
1988, $419,000,000; and
‘‘(2) for the Executive Office of Immigration Review, for fiscal year 1987, $12,000,000, and for fiscal
year 1988, $15,000,000.
Of the amounts authorized to be appropriated under
paragraph (1) sufficient funds shall be available to provide for an increase in the border patrol personnel of
the Immigration and Naturalization Service so that the
average level of such personnel in each of fiscal years
1987 and 1988 is at least 50 percent higher than such
level for fiscal year 1986.

§ 1101

TITLE 8—ALIENS AND NATIONALITY

‘‘(c) USE OF FUNDS FOR IMPROVED SERVICES.—Of the
funds appropriated to the Department of Justice for the
Immigration and Naturalization Service, the Attorney
General shall provide for improved immigration and
naturalization services and for enhanced community
outreach and in-service training of personnel of the
Service. Such enhanced community outreach may include the establishment of appropriate local community taskforces to improve the working relationship between the Service and local community groups and organizations (including employers and organizations
representing minorities).
‘‘(d) SUPPLEMENTAL AUTHORIZATION OF APPROPRIATIONS FOR WAGE AND HOUR ENFORCEMENT.—There are
authorized to be appropriated, in addition to such sums
as may be available for such purposes, such sums as
may be necessary to the Department of Labor for enforcement activities of the Wage and Hour Division and
the Office of Federal Contract Compliance Programs
within the Employment Standards Administration of
the Department in order to deter the employment of
unauthorized aliens and remove the economic incentive
for employers to exploit and use such aliens.’’
ELIGIBILITY OF H–2 AGRICULTURAL WORKERS FOR
CERTAIN LEGAL ASSISTANCE
Section 305 of Pub. L. 99–603 provided that: ‘‘A nonimmigrant worker admitted to or permitted to remain
in the United States under section 101(a)(15)(H)(ii)(a) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(ii)(a)) for agricultural labor or service
shall be considered to be an alien described in section
101(a)(20) of such Act (8 U.S.C. 1101(a)(20)) for purposes
of establishing eligibility for legal assistance under the
Legal Services Corporation Act (42 U.S.C. 2996 et seq.),
but only with respect to legal assistance on matters relating to wages, housing, transportation, and other employment rights as provided in the worker’s specific
contract under which the nonimmigrant was admitted.’’
DENIAL OF CREW MEMBER NONIMMIGRANT VISA IN CASE
OF STRIKES
Section 315(d) of Pub. L. 99–603 provided that:
‘‘(1) Except as provided in paragraph (2), during the
one-year period beginning on the date of the enactment
of this Act [Nov. 6, 1986], an alien may not be admitted
to the United States as an alien crewman (under section 101(a)(15)(D) of the Immigration and Nationality
Act, 8 U.S.C. 1101(a)(15)(D)) for the purpose of performing service on board a vessel or aircraft at a time when
there is a strike in the bargaining unit of the employer
in which the alien intends to perform such service.
‘‘(2) Paragraph (1) shall not apply to an alien employee who was employed before the date of the strike
concerned and who is seeking admission to enter the
United States to continue to perform services as a
crewman to the same extent and on the same routes as
the alien performed such services before the date of the
strike.’’
SENSE OF CONGRESS RESPECTING CONSULTATION WITH
MEXICO
Section 407 of Pub. L. 99–603 provided that: ‘‘It is the
sense of the Congress that the President of the United
States should consult with the President of the Republic of Mexico within 90 days after enactment of this Act
[Nov. 6, 1986] regarding the implementation of this Act
[see Short Title of 1986 Amendments note above] and
its possible effect on the United States or Mexico. After
the consultation, it is the sense of the Congress that
the President should report to the Congress any legislative or administrative changes that may be necessary
as a result of the consultation and the enactment of
this legislation.’’
COMMISSION FOR THE STUDY OF INTERNATIONAL
MIGRATION AND COOPERATIVE ECONOMIC DEVELOPMENT
Section 601 of Pub. L. 99–603, as amended by Pub. L.
100–525, § 2(r), Oct. 24, 1988, 102 Stat. 2614, provided for

Page 56

establishment, membership, etc., of a Commission for
the Study of International Migration and Cooperative
Economic Development to examine, in consultation
with governments of Mexico and other sending countries in Western Hemisphere, the conditions which contribute to unauthorized migration to United States and
mutually beneficial reciprocal trade and investment
programs to alleviate conditions leading to such unauthorized migration and to report to President and Congress, not later than 3 years after appointment of members of Commission, on results of Commission’s examination with recommendations on providing mutually
beneficial reciprocal trade and investment programs to
alleviate such unauthorized migration.
TREATMENT OF DEPARTURES FROM GUAM
Section 2 of Pub. L. 99–505 provided that: ‘‘In the
administration of section 101(a)(15)(D)(ii) of the
Immigration
and
Nationality
Act
[8
U.S.C.
1101(a)(15)(D)(ii)] (added by the amendment made by
section 1 of this Act), an alien crewman shall be considered to have departed from Guam after leaving the territorial waters of Guam, without regard to whether the
alien arrives in a foreign state before returning to
Guam.’’
ALIEN EMPLOYEES OF AMERICAN UNIVERSITY OF BEIRUT
Priv. L. 98–53, Oct. 30, 1984, 98 Stat. 3437, provided:
‘‘That an alien lawfully admitted to the United States
for permanent residence shall be considered, for purposes of section 101(a)(27)(A) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(27)(A)), to be temporarily visiting abroad during any period (before or after
the date of the enactment of this Act [Oct. 30, 1984]) in
which the alien is employed by the American University of Beirut.’’
STUDY AND EVALUATION OF EXCHANGE PROGRAMS FOR
GRADUATE MEDICAL EDUCATION OF ALIEN GRADUATES
OF FOREIGN MEDICAL SCHOOLS; REPORT TO CONGRESS
NOT LATER THAN JANUARY 15, 1983
Section 5(e) of Pub. L. 97–116 directed Secretary of
Health and Human Services, after consultation with
Attorney General, Secretary of State, and Director of
the International Communication Agency, to evaluate
effectiveness and value to foreign nations and United
States of exchange programs for graduate medical education or training of aliens who were graduates of foreign medical schools, and to report to Congress, not
later than Jan. 15, 1983, on such evaluation, and include
such recommendations for changes in legislation and
regulations as appropriate.
ADJUSTMENT OF STATUS OF NONIMMIGRANT ALIENS RESIDING IN THE VIRGIN ISLANDS TO PERMANENT RESIDENT ALIEN STATUS
Upon application during the one-year period beginning Sept. 30, 1982, by an alien who was inspected and
admitted to the Virgin Islands of the United States either as a nonimmigrant alien worker under subsec.
(a)(15)(H)(ii) of this section or as a spouse or minor
child of such worker, and has resided continuously in
the Virgin Islands since June 30, 1975, the Attorney
General may adjust the status of such nonimmigrant
alien to that of an alien lawfully admitted for permanent residence, provided certain conditions are met,
and such alien is not to be deported for failure to maintain nonimmigrant status until final action is taken on
the alien’s application for adjustment, see section 2(a),
(b) of Pub. L. 97–271, set out as a note under section 1255
of this title.
LIMITATION ON ADMISSION OF ALIENS SEEKING
EMPLOYMENT IN THE VIRGIN ISLANDS
Notwithstanding any other provision of law, the Attorney General not to be authorized, on or after Sept.
30, 1982, to approve any petition filed under section
1184(c) of this title in the case of importing any alien
as a nonimmigrant under subsec. (a)(15)(H)(ii) of this

Page 57

TITLE 8—ALIENS AND NATIONALITY

section for employment in the Virgin Islands of the
United States other than as an entertainer or as an
athlete and for a period not exceeding 45 days, see section 3 of Pub. L. 97–271, set out as a note under section
1255 of this title.
LIMITATION ON ADMISSION OF SPECIAL IMMIGRANTS
Section 3201(c) of Pub. L. 96–70 provided that notwithstanding any other provision of law, not more than
15,000 individuals could be admitted to the United
States as special immigrants under subparagraphs (E),
(F), and (G) of subsec. (a)(27) of this section, of which
not more than 5,000 could be admitted in any fiscal
year, prior to repeal by Pub. L. 103–416, title II, § 212(a),
Oct. 25, 1994, 108 Stat. 4314.
EX. ORD. NO. 12711. POLICY IMPLEMENTATION WITH
RESPECT TO NATIONALS OF PEOPLE’S REPUBLIC OF CHINA
Ex. Ord. No. 12711, Apr. 11, 1990, 55 F.R. 13897, provided:
By the authority vested in me as President by the
Constitution and laws of the United States of America,
the Attorney General and the Secretary of State are
hereby ordered to exercise their authority, including
that under the Immigration and Nationality Act (8
U.S.C. 1101–1557), as follows:
SECTION 1. The Attorney General is directed to take
any steps necessary to defer until January 1, 1994, the
enforced departure of all nationals of the People’s Republic of China (PRC) and their dependents who were in
the United States on or after June 5, 1989, up to and including the date of this order (hereinafter ‘‘such PRC
nationals’’).
SEC. 2. The Secretary of State and the Attorney General are directed to take all steps necessary with respect to such PRC nationals (a) to waive through January 1, 1994, the requirement of a valid passport and (b)
to process and provide necessary documents, both within the United States and at U.S. consulates overseas, to
facilitate travel across the borders of other nations and
reentry into the United States in the same status such
PRC nationals had upon departure.
SEC. 3. The Secretary of State and the Attorney General are directed to provide the following protections:
(a) irrevocable waiver of the 2-year home country residence requirement that may be exercised until January 1, 1994, for such PRC nationals;
(b) maintenance of lawful status for purposes of adjustment of status or change of nonimmigrant status
for such PRC nationals who were in lawful status at
any time on or after June 5, 1989, up to and including
the date of this order;
(c) authorization for employment of such PRC nationals through January 1, 1994; and
(d) notice of expiration of nonimmigrant status (if
applicable) rather than the institution of deportation
proceedings, and explanation of options available for
such PRC nationals eligible for deferral of enforced departure whose nonimmigrant status has expired.
SEC. 4. The Secretary of State and the Attorney General are directed to provide for enhanced consideration
under the immigration laws for individuals from any
country who express a fear of persecution upon return
to their country related to that country’s policy of
forced abortion or coerced sterilization, as implemented by the Attorney General’s regulation effective
January 29, 1990.
SEC. 5. The Attorney General is directed to ensure
that the Immigration and Naturalization Service finalizes and makes public its position on the issue of training for individuals in F–1 visa status and on the issue
of reinstatement into lawful nonimmigrant status of
such PRC nationals who have withdrawn their applications for asylum.
SEC. 6. The Departments of Justice and State are directed to consider other steps to assist such PRC nationals in their efforts to utilize the protections that I
have extended pursuant to this order.
SEC. 7. This order shall be effective immediately.
GEORGE BUSH.

§ 1101

DETERRING ILLEGAL IMMIGRATION
Memorandum of President of the United States, Feb.
7, 1995, 60 F.R. 7885, provided:
Memorandum for the Heads of Executive Departments and Agencies
It is a fundamental right and duty for a nation to
protect the integrity of its borders and its laws. This
Administration shall stand firm against illegal immigration and the continued abuse of our immigration
laws. By closing the back door to illegal immigration,
we will continue to open the front door to legal immigrants.
My Administration has moved swiftly to reverse the
course of a decade of failed immigration policies. Our
initiatives have included increasing overall Border personnel by over 50 percent since 1993. We also are
strengthening worksite enforcement and work authorization verification to deter employment of illegal
aliens. Asylum rules have been reformed to end abuse
by those falsely claiming asylum, while offering protection to those in genuine fear of persecution. We are
cracking down on smugglers of illegal aliens and reforming criminal alien deportation for quicker removal. And we are the first Administration to obtain
funding to reimburse States for a share of the costs of
incarcerating criminal illegal aliens.
While we already are doing more to stem the flow of
illegal immigration than has any previous Administration, more remains to be done. In conjunction with the
Administration’s unprecedented budget proposal to
support immigration initiatives, this directive provides
a blueprint of policies and priorities for this Administration’s continuing work to curtail illegal immigration. With its focus on strong border deterrence backed
up by effective worksite enforcement, removal of criminal and other deportable aliens and assistance to
states, this program protects the security of our borders, our jobs and our communities for all Americans—
citizens and legal immigrants alike.
COMPREHENSIVE BORDER CONTROL STRATEGY
A. Deterring Illegal Immigration At Our Borders
I have directed the Attorney General to move expeditiously toward full implementation of our comprehensive border control strategy, including efforts at the
southwest border. To support sustained long-term
strengthening of our deterrence capacity, the Administration shall seek funding to add new Border Patrol
agents to reach the goal of at least 7,000 agents protecting our borders by the year 2000.
Flexible Border Response Capacity
To further this strategy, the Department of Justice
shall implement the capacity to respond to emerging
situations anywhere along our national borders to
deter buildups of illegal border crossers, smuggling operations, or other developing problems.
Strategic Use of High Technology
Through the strategic use of sensors, night scopes,
helicopters, light planes, all-terrain vehicles, fingerprinting and automated recordkeeping, we have freed
many Border Patrol agents from long hours of bureaucratic tasks and increased the effectiveness of these
highly-trained personnel. Because these tools are essential for the Immigration and Naturalization Service
(INS) to do its job, I direct the Attorney General to accelerate to the greatest extent possible their utilization and enhancement to support implementation of
our deterrence strategy.
Strong Enforcement Against Repeat Illegal Crossers
The Department of Justice shall assess the effectiveness of efforts underway to deter repeat illegal crossers, such as fingerprinting and dedicating prosecution
resources to enforce the new prosecution authority provided by the Violent Crime Control and Law Enforcement Act of 1994 [Pub. L. 103–322, see Tables for classification].
The Department of Justice shall determine whether
accelerated expansion of these techniques to additional
border sectors is warranted.

§ 1101

TITLE 8—ALIENS AND NATIONALITY

B. Deterring Alien Smuggling
This Administration has had success deterring large
ship-based smuggling directly to United States shores.
In response, smugglers are testing new routes and tactics. Our goal: similar success in choking off these attempts by adjusting our anti-smuggling initiatives to
anticipate shifting smuggling patterns.
To meet new and continuing challenges posed along
transport routes and in foreign locations by smuggling
organizations, we will augment diplomatic and enforcement resources at overseas locations to work with host
governments, and increase related intelligence gathering efforts.
The Departments of State and Justice, in cooperation
with other relevant agencies, will report to the National Security Council within 30 days on the structure
of interagency coordination to achieve these objectives.
Congressional action will be important to provide
U.S. law enforcement agencies with needed authority
to deal with international smuggling operations. I will
propose that the Congress pass legislation providing
wiretap authority for investigation of alien smuggling
cases and providing authorization to seize the assets of
groups engaged in trafficking in human cargo.
In addition, I will propose legislation to give the Attorney General authority to implement procedures for
expedited exclusion to deal with large flows of undocumented migrants, smuggling operations, and other extraordinary migration situations.
C. Visa Overstay Deterrence
Nearly half of this country’s illegal immigrants come
into the country legally and then stay after they are
required by law to depart, often using fraudulent documentation. No Administration has ever made a serious
effort to identify and deport these individuals. This Administration is committed to curtailing this form of illegal immigration.
Therefore, relevant departments and agencies are directed to review their policies and practices to identify
necessary reforms to curtail visa overstayers and to enhance investigations and prosecution of those who
fraudulently produce or misuse passports, visas, and
other travel related documents. Recommendations for
administrative initiatives and legislative reform shall
be presented to the White House Interagency Working
Group on Immigration by June 30, 1995.
REDUCING THE MAGNET OF WORK OPPORTUNITIES, WORKSITE ENFORCEMENT, AND DETERRENCE
Border deterrence cannot succeed if the lure of jobs
in the United States remains. Therefore, a second
major component of the Administration’s deterrence
strategy is to toughen worksite enforcement and employer sanctions. Employers who hire illegal immigrants not only obtain unfair competitive advantage
over law-abiding employers, their unlawful use of illegal immigrants suppresses wages and working conditions for our country’s legal workers. Our strategy,
which targets enforcement efforts at employers and industries that historically have relied upon employment
of illegal immigrants, will not only strengthen deterrence of illegal immigration, but better protect American workers and businesses that do not hire illegal immigrants.
Central to this effort is an effective, nondiscriminatory means of verifying the employment authorization of all new employees. The Administration fully
supports the recommendation of the Commission on
Legal Immigration Reform to create pilot projects to
test various techniques for improving workplace verification, including a computer database test to validate a new worker’s social security number for work
authorization purposes. The Immigration and Naturalization Service (INS) and Social Security Administration are directed to establish, implement, monitor,
and review the pilots and provide me with an interim
report on the progress of this program by March 1, 1996.

Page 58

In addition, the INS is directed to finalize the Administration’s reduction of the number of authorized documents to support work verification for noncitizens.
Concurrently, the Administration will seek further reduction legislatively in the number of documents that
are acceptable for proving identity and work authorization. The Administration will improve the security of
existing documents to be used for work authorization
and seek increased penalties for immigration fraud, including fraudulent production and use of documents.
The Department of Labor shall intensify its investigations in industries with patterns of labor law violations that promote illegal immigration.
I also direct the Department of Labor, INS, and other
relevant Federal agencies to expand their collaboration
in cracking down on those who subvert fair competition by hiring illegal aliens. This may include increased Federal authority to confiscate assets that are
the fruits of that unfair competition.
The White House Interagency Working Group on Immigration shall further examine the link between immigration and employment, including illegal immigration, and recommend to me other appropriate measures.
DETENTION AND REMOVAL OF DEPORTABLE
ILLEGAL ALIENS
The Administration’s deterrence strategy includes
strengthening the country’s detention and deportation
capability. No longer will criminals and other high risk
deportable aliens be released back into communities
because of a shortage of detention space and ineffective
deportation procedures.
A. Comprehensive Deportation Process Reform
The Department of Justice, in consultation with
other relevant agencies, shall develop a streamlined,
fair, and effective procedure to expedite removal of deportable aliens. As necessary, additional legislative authority will be sought in this area. In addition, the Department of Justice shall increase its capacity to staff
deportation and exclusion hearings to support these objectives.
B. National Detention and Removal Plan
To address the shortage of local detention space for
illegal aliens, the Administration shall devise a National Detention, Transportation, and Removal Policy
that will permit use of detention space across the
United States and improve the ability to remove individuals with orders of deportation. The Department of
Justice, in consultation with other agencies as appropriate and working under the auspices of the White
House Interagency Working Group on Immigration,
shall finalize this plan by April 30, 1995.
The Administration will seek support and funding
from the Congress for this plan and for our efforts to
double the removal of illegal aliens with final orders of
deportation.
C. Identification and Removal of Criminal Aliens
The Institutional Hearing Program is successfully expediting deportation of incarcerated criminal aliens
after they serve their sentences.
To further expedite removal of criminal aliens from
this country and reduce costs to Federal and State governments, the Department of Justice is directed to develop an expanded program of verification of the immigration status of criminal aliens within our country’s
prisons. In developing this program, the viability of expanding the work of the Law Enforcement Support
Center should be assessed and all necessary steps taken
to increase coordination and cooperative efforts with
State, and local law enforcement officers in identification of criminal aliens.
TARGETED DETERRENCE AREAS
Many of the Administration’s illegal immigration enforcement initiatives are mutually reinforcing. For example, strong interior enforcement supports border

Page 59

TITLE 8—ALIENS AND NATIONALITY

control. While there have been efforts over the years at
piecemeal cooperation, this Administration will examine, develop, and test a more comprehensive coordinated package of deterrence strategies in selected metropolitan areas by multiple Federal, State, and local
agencies.
The White House Interagency Working Group on Immigration shall coordinate the development of this
interagency and intergovernmental operation.
VERIFICATION OF ELIGIBILITY FOR BENEFITS
The law denies most government benefits to illegal
aliens. The government has a duty to assure that taxpayer-supported public assistance programs are not
abused. As with work authorization, enforcement of eligibility requirements relies upon a credible system of
verification. The INS, working with the White House
Interagency Working Group on Immigration as appropriate, shall review means of improving the existing
benefits verification program. In addition, we will seek
new mechanisms—including increased penalties for
false information used to qualify for benefits—to protect the integrity of public programs.
ANTI-DISCRIMINATION
Our efforts to combat illegal immigration must not
violate the privacy and civil rights of legal immigrants
and U.S. citizens. Therefore, I direct the Attorney General, the Secretary of Health and Human Services, the
Chair of the Equal Employment Opportunity Commission, and other relevant Administration officials to
vigorously protect our citizens and legal immigrants
from immigration-related instances of discrimination
and harassment. All illegal immigration enforcement
measures shall be taken with due regard for the basic
human rights of individuals and in accordance with our
obligations under applicable international agreements.
ASSISTANCE TO STATES
States today face significant costs for services provided to illegal immigrants as a result of failed policies
of the past. Deterring illegal immigration is the best
long-term solution to protect States from growing
costs for illegal immigration. This is the first Administration to address this primary responsibility squarely.
We are targeting most of our Federal dollars to those
initiatives that address the root causes that lead to increased burdens on States.
The Federal Government provides States with billions of dollars to provide for health care, education,
and other services and benefits for immigrants. This
Administration is proposing increases for immigration
and immigration-related spending of 25 percent in 1996
compared to 1993 levels. In addition, this Administration is the first to obtain funding from the Congress to
reimburse States for a share of the costs of incarcerated illegal aliens.
This Administration will continue to work with
States to obtain more Federal help for certain State
costs and will oppose inappropriate cost-shifting to the
States.
INTERNATIONAL COOPERATION
This Administration will continue to emphasize
international cooperative efforts to address illegal immigration.
Pursuant to a Presidential Review Directive (PRD),
the Department of State is now coordinating a study
on United States policy toward international refugee
and migration affairs. I hereby direct that, as part of
that PRD process, this report to the National Security
Council include the relationship of economic development and migration in the Western Hemisphere and, in
particular, provide recommendations for further foreign economic policy measures to address causes of illegal immigration.
The Department of State shall coordinate an interagency effort to consider expanded arrangements with
foreign governments for return of criminal and deportable aliens.

§ 1102

The Department of State also shall seek to negotiate
readmission agreements for persons who could have
sought asylum in the last country from which they arrived. Such agreements will take due regard of U.S. obligations under the Protocol Relating to the Status of
Refugees.
The Department of State further shall implement cooperative efforts with other nations receiving smuggled
aliens or those used as transhipment points by smugglers. In particular, we will look to countries in our
hemisphere to join us by denying their territory as
bases for smuggling operations.
The Department of State shall initiate negotiations
with foreign countries to secure authority for the
United States Coast Guard to board source country vessels suspected of transporting smuggled aliens.
This directive shall be published in the Federal Register.
WILLIAM J. CLINTON.
DEFINITIONS
Section 1(c) of div. C of Pub. L. 104–208 provided that:
‘‘Except as otherwise specifically provided in this division [see Tables for classification], for purposes of
titles I [enacting section 1225a of this title and section
758 of Title 18, Crimes and Criminal Procedure, amending this section and sections 1103, 1182, 1251, 1325, 1356,
and 1357 of this title, and enacting provisions set out as
notes under this section, sections 1103, 1182, 1221, 1325,
and 1356 of this title, and section 758 of Title 18] and VI
[enacting sections 1363b and 1372 to 1375 of this title and
section 116 of Title 18, amending this section, sections
1105a, 1151, 1152, 1154, 1157, 1158, 1160, 1182, 1184, 1187, 1189,
1201, 1202, 1251, 1252a, 1255 to 1255b, 1258, 1288, 1483, 1323,
1324, 1324b, 1356, and 1522 of this title, section 112 of
Title 32, National Guard, and section 191 of Title 50,
War and National Defense, enacting provisions set out
as notes under this section, sections 1153, 1158, 1161,
1182, 1187, 1189, 1202, 1255, 1433, and 1448 of this title, section 301 of Title 5, Government Organization and Employees, section 116 of Title 18, and section 405 of Title
42, The Public Health and Welfare, and amending provisions set out as notes under sections 1159, 1182, 1252,
1255a, 1323, 1401, and 1430 of this title] of this division,
the terms ‘alien’, ‘Attorney General’, ‘border crossing
identification card’, ‘entry’, ‘immigrant’, ‘immigrant
visa’, ‘lawfully admitted for permanent residence’, ‘national’, ‘naturalization’, ‘refugee’, ‘State’, and ‘United
States’ shall have the meaning given such terms in section 101(a) of the Immigration and Nationality Act [8
U.S.C. 1101(a)].’’
Section 594 of title V of div. C of Pub. L. 104–208 provided that: ‘‘Except as otherwise provided in this title
[see Effective Date of 1996 Amendment note above], for
purposes of this title—
‘‘(1) the terms ‘alien’, ‘Attorney General’, ‘national’, ‘naturalization’, ‘State’, and ‘United States’
shall have the meaning given such terms in section
101(a) of the Immigration and Nationality Act [8
U.S.C. 1101(a)]; and
‘‘(2) the term ‘child’ shall have the meaning given
such term in section 101(c) of the Immigration and
Nationality Act.’’
Section 14 of Pub. L. 85–316 provided that: ‘‘Except as
otherwise specifically provided in this Act, the definitions contained in subsections (a) and (b) of section 101
of the Immigration and Nationality Act [8 U.S.C.
1101(a), (b)] shall apply to sections 4, 5, 6, 7, 8, 9, 12, 13,
and 15 of this Act [enacting sections 1182b, 1182c, 1201a,
1205, 1251a, 1255a, and 1255b of this title and provisions
set out as notes under section 1153 of this title and section 1971a of the Appendix to Title 50, War and National
Defense.]’’
Many of the terms listed in this section are similarly
defined in section 782 of Title 50, War and National Defense.

§ 1102. Diplomatic and semidiplomatic immunities
Except as otherwise provided in this chapter,
for so long as they continue in the non-