ACT 101
Definitions
ACT 102
Applicability of Title
II to certain Nonimmigrants
ACT 103 Powers and duties of
the Attorney General and the Commissioner.
ACT 104 Powers and duties of
the Secretary of State
ACT 105 Liaison with internal
security officers.
ACT 106 Repealed
INA: TITLE II -- IMMIGRATION
ACT 201
Worldwide level of immigration.
ACT 202
Numerical limitation
to any single foreign state.
ACT 203
Allocation of immigrant
visas.
ACT 204
Procedure for granting
immigrant status.
ACT 205
Revocation of approval of petitions.
ACT 206
Unused immigrant visas.
ACT 207 Annual admission of
refugees and admission of emergency situation refugees.
ACT 208 Asylum
ACT 209 Adjustment of status
of refugees.
ACT 210 Special agricultural
workers.
ACT 210A Repealed
CHAPTER 2
-- QUALIFICATIONS FOR ADMISSION OF ALIENS; TRAVEL CONTROL OF CITIZENS AND
ALIENS
ACT 211 Documentary requirements.
ACT 212 General classes of aliens
ineligible to receive visas and ineligible for admission; waivers of inadmissibility.
ACT 213 Admission of certain
aliens on giving bond.
ACT 213A Requirements for sponsor's
affidavit of support.
ACT 214 Admission of nonimmigrants.
ACT 215 Travel documentation
of aliens and citizens.
ACT 216 Conditional permanent
resident status for certain alien spouses and sons and daughters.
ACT 216A Conditional permanent
resident status for certain alien entrepreneurs, spouses, and children.
ACT 217 Visa waiver pilot program
for certain visitors.
ACT 218 Admission of temporary
H - 2A workers.
ACT 219 Designation of foreign
terrorist organization
CHAPTER 3
-- ISSUANCE OF ENTRY DOCUMENTS
ACT 221 Issuance of visas.
ACT 222 Applications for visas.
ACT 223 Reentry permits.
ACT 224 Immediate relative and
special immigrant visas.
CHAPTER 4
-- INSPECTION, APPREHENSION, EXAMINATION, EXCLUSION, AND REMOVAL
ACT 231 Lists of alien and citizen
passengers arriving or departing; record of resident aliens and citizens
leaving permanently for foreign country.
ACT 232 Detention of aliens
for observation and examination.
ACT 233 Entry through or form
foreign territory and adjacent islands; landing stations.
ACT 234 Designation of ports
of entry for aliens arriving by civil aircraft.
ACT 235 Inspection by immigration
officers; expedited removal of inadmissible arriving aliens; referral for
hearing.
ACT 236 Apprehension and detention
of aliens.
ACT 237 General classes of deportable
aliens.
ACT 238 Expedited removal of
aliens convicted of committing aggravated felonies.
ACT 239 Initiation of removal
proceedings.
ACT 240 Removal proceedings
ACT 240A Cancellation of removal;
adjustment of status.
ACT 240B Voluntary departure.
ACT 240C Records of admission.
ACT 241 Detention and removal
of aliens ordered removed.
ACT 242 Judicial review of orders
of removal
ACT 242A Redesignated
ACT 242B Repealed
ACT 243 Penalties related to
removal
ACT 244 Temporary protected
status
CHAPTER 5
-- ADJUSTMENT OF STATUS
ACT 245 Adjustment of status
of nonimmigrant to that of person admitted for permanent residence.
ACT 245A Adjustment of status
of certain entrants before January 1, 1982, to that of person admitted
for lawful residence
ACT 246 Rescission of adjustment
of status
ACT 247 Adjustment of status
of certain resident aliens to nonimmigrant status
ACT 248 Change of nonimmigrant
classification
ACT 249 Record of admission
for permanent residence in the case of certain aliens who entered the United
States prior to July 1, 1924 or January 1, 1972
ACT 250 Removal of aliens who
have fallen into distress
CHAPTER 6
-- SPECIAL PROVISIONS RELATING TO ALIEN CREWMEN
ACT 251 Lists of alien crewmen;
reports of illegal landings
ACT 252 Conditional permits
to land temporarily
ACT 253 Hospital treatment of
alien crewmen afflicted with certain diseases
ACT 254 Control of alien crewmen
ACT 255 Employment on passenger
vessels of aliens afflicted with certain disabilities
ACT 256 Discharge of alien crewmen
ACT 257 Bringing alien crewmen
into United States with intent to evade immigration laws
ACT 258 Limitations on performance
of longshore work by alien crewmen
CHAPTER 7
-- REGISTRATION OF ALIENS
ACT 261 Aliens seeking entry
into the United States
ACT 262 Registration of aliens
in the United States
ACT 263 Provisions governing
registration of special groups
ACT 264 Forms and procedure
ACT 265 Notices of change of
address
ACT 266 Penalties
CHAPTER 8
-- GENERAL PENALTY PROVISIONS
ACT 271 Prevention of unauthorized
landing of aliens
ACT 272 Bringing in aliens subject
to exclusion on a health-related ground
ACT 273 Unlawful bringing of
aliens into United States
ACT 274 Bringing in and harboring
certain aliens
ACT 274A Unlawful employment
of aliens
ACT 274B Unfair immigration-related
employment practices
ACT 274C Penalties for document
fraud
ACT 274D Civil penalties for failure
to depart
ACT 275 Entry of alien at improper
time or place; misrepresentation and concealment of facts
ACT 276 Reentry of removed alien
ACT 277 Aiding or assisting
certain aliens to enter the United States
ACT 278 Importation of alien
for immoral purpose
ACT 279 Jurisdiction of district
courts
ACT 280 Collection of penalties
and expenses
CHAPTER 9
-- MISCELLANEOUS
ACT 281 Nonimmigrant visa fees
ACT 282 Printing of reentry
permits and blank forms of manifests and crew lists
ACT 283 Travel expenses and
expense of transporting remains of immigration officers and employees who
die outside of the United States
ACT 284 Members of the Armed
Forces
ACT 285 Disposal of privileges
at immigrant stations
ACT 286 Disposition of moneys
collected under the provisions of this title
ACT 287 Powers of immigration
officers and employees
ACT 288 Local jurisdiction over
immigrant stations
ACT 289 American Indians born in Canada
ACT 290 Central file; information
from other departments and agencies
ACT 291. Burden of proof
ACT 292 Right to counsel
ACT 293 Deposit of and interest
on cash received to secure immigration bonds
ACT 294 Undercover investigation
authority
ACT 295 Transportation of remains
of immigration officers and border patrol agents killed in the line of
duty
INA: TITLE III
CHAPTER 1
-- NATIONALITY AT BIRTH AND BY COLLECTIVE NATURALIZATION
ACT 301 Nationals and citizens
of the United States at birth
ACT 302 Persons born in Puerto
Rico
ACT 303 Persons born in the
Canal Zone or Republic of Panama on or after February 26, 1904
ACT 304 Persons born in Alaska
on or after March 30, 1867
ACT 305 Persons born in Hawaii
ACT 306 Persons living in and
born in the Virgin Islands
ACT 307 Persons living in and
born in Guam
ACT 308 Nationals but not citizens
of the United States at birth
ACT 309 Children born out of
wedlock
CHAPTER 2
-- NATIONALITY THROUGH NATURALIZATION
ACT 310 Naturalization authority
ACT 311 Eligibility for naturalization
ACT 312 Requirements as to understanding
the English language, history, principles and form of government of the
United States
ACT 313 Prohibition upon the
naturalization of persons opposed to government or law, or who favor totalitarian
forms of government
ACT 314 Ineligibility to naturalization
of deserters from the Armed Forces of the United States
ACT 315 Alien relieved from
training and service in the Armed Forces of the United States because of
alienage barred from citizenship
ACT 316 Requirements as to residence,
good moral character, attachment to the principles of the Constitution,
and favorable disposition to the United States
ACT 317 Temporary absence of
persons performing religious duties
ACT 318 Prerequisites to naturalization
-- burden of proof
ACT 319 Married persons and
employees of certain nonprofit organizations
ACT 320 Child born outside of
United States of one alien and one citizen parent at time of birth; conditions
under which citizenship automatically acquired
ACT 321 Child born outside of
United States of alien parent; conditions under which citizenship automatically
acquired
ACT 322 Child born outside the
United States; application for certificate of citizenship requirements
ACT 323 Repealed
ACT 324 Former citizens of United
States regaining United States citizenship
ACT 325 Nationals but not citizens
of the United States; residence within outlying possessions
ACT 326 Resident Philippine
citizens excepted from certain requirements
ACT 327 Former United States
citizens losing citizenship by entering the armed forces of foreign countries
during World War II
ACT 328 Naturalization through
service in the Armed Forces of the United States
ACT 329 Naturalization through
active-duty service in the Armed Forces during World War I, World War II,
the Korean hostilities, the Vietnam hostilities, or in other periods of
military hostilities
ACT 329A Posthumous citizenship
through death while on active-duty service in the armed forces during World
War I, World War II, the Korean hostilities, the Vietnam hostilities, or
in other periods of military hostilities
ACT 330 Constructive residence
through service on certain United States vessels
ACT 331 Alien enemies; naturalization
under specified conditions and procedure
ACT 332 Procedural and administrative
provisions; executive functions
ACT 333 Photographs
ACT 334 Application for naturalization;
declaration of intention
ACT 335 Investigation of applicants;
examination of applications
ACT 336 Hearings on denials
of applications for naturalization
ACT 337 Oath of renunciation
and allegiance
ACT 338 Certificate of naturalization;
contents
ACT 339 Functions and duties
of clerks and records of declarations of intention and applications for
naturalization
ACT 340 Revocation of naturalization
ACT 341 Certificates of citizenship
or U.S. non-citizen national status; procedure
ACT 342 Cancellation of certificates
issued by the Attorney General, the Commissioner or a Deputy Commissioner;
action not to affect citizenship status
ACT 343 Documents and copies
issued by the Attorney General
ACT 344 Fiscal provisions
ACT 345 Repealed
ACT 346 Authorization granted
for publication and distribution of citizenship textbooks from naturalization
fees
ACT 347 Compilation of naturalization
statistics and payment for equipment
ACT 348 Repealed
CHAPTER 3
-- LOSS OF NATIONALITY
ACT 349 Loss of nationality
by native-born or naturalized citizen
ACT 350 Repealed
ACT 351 Restrictions on loss
of nationality
ACT 352 Repealed
ACT 353 Repealed
ACT 354 Repealed
ACT 355 Repealed
ACT 356 Nationality lost solely
from performance of acts or fulfillment of conditions
ACT 357 Application of treaties;
exceptions
CHAPTER 4
-- MISCELLANEOUS
ACT 358 Certificate of diplomatic
or consular officer of the United States as to loss of American nationality
under Chapter IV, Nationality Act of 1940, or under Chapter 3 of this title
ACT 359 Certificate of nationality
for a person not a naturalized citizen for use in proceedings of a foreign
state
ACT 360 Judicial proceedings
for declaration of United States nationality in event of denial of rights
and privileges as national
ACT 361 Cancellation of United
States passports and Consular Reports of Birth
INA: TITLE IV
CHAPTER 1
-- MISCELLANEOUS
ACT 401 Repealed
ACT 402 Omitted as executed
ACT 403 Omitted as executed
ACT 404 Authorization of appropriations
ACT 405 Savings clauses
ACT 406 Separability
ACT 407 Effective date
CHAPTER 2
-- REFUGEE ASSISTANCE
ACT 411 Office of Refugee Resettlement
ACT 412 Authorization for programs
for domestic resettlement of and assistance to refugees
ACT 413 Congressional reports
ACT 414 Authorization of appropriations
TITLE V -
ALIEN TERRORIST REMOVAL PROCEDURES
ACT 501 Definitions
ACT 502 Establishment of removal
court
ACT 503 Removal court procedure
ACT 504 Removal Hearing
ACT 505 Appeals
ACT 506 Custody and release
pending removal hearing
ACT 507 Custody and release
after removal hearing
IMMACT is the Immigration Act
of 1990, Pub. L. 101-649, Stat. (November 29, 1990).
VCCLEA is the Violent Crime
Control and Law Enforcement Act of 1994, Pub.L. 103-322, 108 Stat. 1796
(September 13, 1994).
INTC is the Immigration and
Naturalization Technical Corrections of 1994, Pub. L. 103-416, Stat. (October
25, 1994).
MTINA is the Miscellaneous and
Technical Immigration and Naturalization Amendments of 1991, Pub. L. 102-232,
105 Stat. 1733. (December 12, 1991).
AEDPA is the Antiterrorism and
Effective Death Penalty Act of 1996, Pub. L. 104-132, 110 Stat. 1214 (April
24, 1996).
IIRIRA is the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996, Pub. L. 104-208, 110 Stat.
3009 (September 30, 1996).
Sec.
101.
Definitions [S U.S.C.A. § 11011.
(b)child
102. Diplomatic and semidiplomatic immunities [8 U.S.C.A. § 11021.
103. Powers and duties [8 U.S.C.A. § 11031.
(a) Attorney General.
(b) Land acquisition authority.
(c) Commissioner; appointment.
(d) Statistical information system.
(e) Annual report.
(f) Minimum number of agents in states.
104. Powers and duties of Secretary of State; Bureau of Consular Affairs [8
U.S.C.A. § 11041.
(a) Powers and duties.
(b) Designation and duties of Administrator.
(c) Passport Office, Visa Office, and other offices; directors.
(d) Transfer of duties.
(e) General Counsel of Visa Office; appointment and duties.
105. Liaison with internal security officers [8 U.S.C.A. § 11051.
106. Repealed [8 U.S.C.A. § 1105a].
201. Worldwide level of immigration [8 U.S.C.A. § 11511.
(a) In general.
(b) Aliens not subject to direct numerical limitations.
(2)(A)(i) Immediate relatives.
(c) Worldwide level of family-sponsored immigrants.
(d) Worldwide level of employment-based immigrants.
(e) Worldwide level of diversity immigrants.
202. Numerical limitations on individual foreign states [8 U.S.C.A 1152].
(c) Chargeability for dependent areas.
(d) Changes in territory.
(e) Special rules for countries at ceiling.
203. Allocation of immigrant visas [8 U.S.C.A. § 11531.
(a) Preference allocation for family-sponsored immigrants.
(b) Preference allocation for employment-based immigrants.
(d) Treatment of family members.
(f) Authorization for issuance.
(g) Lists.
204. Procedure for granting immigrant status [8 U.S.C.A. § 1154].
(b) Investigation; consultation; approval; authorization to grant preference
status.
(c) Limitation on orphan petitions approved for a single petitioner; prohibition against approval in cases of marriages entered into in order to evade immigration laws; restriction on future entry of aliens involved with marriage fraud.
(d) Recommendation of valid home-study.
(e) Subsequent finding of non-entitlement to preference classification.
(f) Preferential treatment for children fathered by United States citizens and born in Korea, Vietnam, Laos, Kampuchea, or Thailand after 1950 and before October 22, 1982.
(g) Restrictions on petitions based on marriages entered while in exclusion
or deportation proceedings.
(h) Survival of rights to petition.
205. Revocation of approval of petitions; notice of revocation; effective date (8 U.S.C.A. § 11551.
206. Unused
immigrant visas [8 U.S.C.A. § 11561.
TITLE I
Sec. 101. [8 U.S.C. 1101] (a) As used in
this Act-
(1) The term "administrator" means the official
designated by the Secretary of State pursuant to section 104(b) of this
Act.
(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
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. 1/
(7) The term "clerk of court" means a clerk
of a naturalization court.
(8) The terms "Commissioner" and "Deputy
Commissioner" mean the Commissioner of Immigration and Naturalization and
a Deputy Commissioner of Immigration and Naturalization, respectively.
(9) The term "consular officer" means any
consular, diplomatic, or other officer of the United States designated
under regulations prescribed under authority contained in this Act, for
the purpose of issuing immigrant or nonimmigrant visas.
(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)2/ (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
212(d)(5) 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 Act and extradition proceedings,
(v) has committed an offense identified
in section 212(a)(2), unless since such offense the alien has been granted
relief under section 212(h) or 240A(a), 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 and 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 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 258(a) (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 and solely in pursuit of
his calling as a crewman and to depart from Guam 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; or
(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;
(F)(i)3/ 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 214(l) at an established
college, university, seminary, conservatory, academic high school, elementary
school, or other academic institution or 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 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, and
(ii) the alien spouse and minor children
of any such alien if accompanying him or following to join him;
(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, note, 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) 4/ who is coming
temporarily to the United States to perform services as a registered nurse,
who meets the qualifications described in section 212(m)(1), 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
212(m)(2) 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 (b) subject to section 212(j)(2), 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 214(i)(1) or
as a fashion model, who meets the requirements for the occupation specified
in section 214(i)(2) 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 212(n)(1); 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 the Internal
Revenue Code of 1954 and agriculture as defined in section 3(f) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 203(f)), 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 abandoning 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 212(j), and
the alien spouse and minor children of any such alien if accompanying him
or following to join him;
(K) an alien who is the fiancee or fiancé
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 fiancee or fiancé
accompanying him or following to join him;
(L) 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 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, and
(ii) the alien spouse and minor children
of any such alien if accompanying him or following to join him;
(N)(i) the parent of an alien accorded the
status of special immigrant under paragraph (27)(I)(i), 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);
(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
long-standing working relationship or, with respect to the specific production,
because significant production (including pre- and post-production 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 214(c)(4)(A)
(relating to athletes), or
(b) is described in section 214(c)(4)(B)
(relating to entertainment groups);
(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;
(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 Attorney
General 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); or
(S) subject to section 214(k), 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 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-
(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 36(a) of the State Department Basic Authorities Act of 1956, 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.
(16) The term "immigrant visa" means an
immigrant visa required by this Act and properly issued by a consular officer
at his office outside of the United States to an eligible immigrant under
the provisions of this Act.
(17) The term "immigration laws" includes
this Act 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 Act or any section
thereof.
(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, or under any section of this Act, 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) was repealed by Sec. 305(m)(1) of the
Miscellaneous and Technical Immigration and Naturalization Amendments of
1991 (P.L. 102-232, Dec. 12, 1991, 105 Stat. 1750), effective as if included
in section 407(d) of the Immigration Act of 1990.
(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 Act.
(27) The term "special
immigrant" means-
(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 324(a) or 327 of title III, 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 October 1, 1997, 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 October 1, 1997, 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 the Internal Revenue Code of 1986) 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 3 (a)(1) of the Panama Canal Act of 1979)
enters into force, who was resident in the Canal Zone on the effective
date of the exchange of instruments of ratification of such Treaty, 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, has been honorably
retired from United States Government employment in the Canal Zone with
a total of 15 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, 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) 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 the date of the enactment
of the Immigration Technical Corrections Act of 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 death or six
months after the date of the enactment of the Immigration Technical Corrections
Act of 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 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 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 the date of enactment of the Immigration and Nationality
Technical Corrections Act of 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
(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 Act; or
(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 the date of the enactment of this subparagraph)
for a period or periods aggregating-
(i) 12 years and who, if separated from
such service, was never separated except under honorable conditions, or
(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.
(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.
(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"
does 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, and the Virgin Islands of the United States.
(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,
and the Virgin Islands of the United States.
(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,
or
(B) in such circumstances as the President
after appropriate consultation (as defined in section 207(e) of this Act)
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 Act, 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. 5/
(43)6/ The
term "aggravated felony" means-
(A) murder, rape, or sexual abuse of a minor;
(B) illicit trafficking in controlled substance
(as described in section 102 of the Controlled Substances Act), including
a drug trafficking crime (as defined in section 924(c) of title 18, United
States Code);
(C) illicit trafficking in firearms or destructive
devices (as defined in section 921 of title 18, United States Code) or
in explosive materials (as defined in section 841(c) of that title);
(D) an offense described in section 1956
of title 18, United States Code (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,
United States Code, 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, United
States Code (relating to firearms offenses); or
(iii) section 5861 of the Internal Revenue
Code of 1986 (relating to firearms offenses);
(F) a crime of violence (as defined in section
16 of title 18, United States Code, but not including a purely political
offense) for which the term of imprisonment at 7/ least 1 year;
(G) a theft offense (including receipt of
stolen property) or burglary offense for which the term of imprisonment
at 8/ least 1 year;
(H) an offense described in section 875,
876, 877, or 1202 of title 18, United States Code (relating to the demand
for or receipt of ransom);
(I) an offense described in section 2251,
2251A, or 2252 of title 18, United States Code (relating to child pornography);
(J) an offense described in section 1962
of title 18, United States Code (relating to racketeer influenced corrupt
organizations, or an offense described in section 1084 (if it is the second
or subsequent offense) or 1955 of that title (relating to gambling offenses),
for which a sentence of 1 year imprisonment or more may be imposed;
(K) an offense that-
(i) relates to the owning, controlling,
managing, or supervising of a prostitution business; or
(ii) is described in section 2421, 2422,
2423, of Title 18, United States Code (relating to transportation for the
purpose of prostitution) if committed for commercial advantage; or
(iii) is described in section 1581, 1582,
1583, 1584, 1585, or 1588 9/ of title 18, United States Code (relating
to peonage, slavery, and involuntary servitude);
(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, United States Code;
(ii) section 601 of the National Security
Act of 1947 (50 U.S.C. 421) (relating to protecting the identity of undercover
intelligence agents); or
(iii) section 601 of the National Security
Act of 1947 (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 the
Internal Revenue Code of 1986 (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 274(a) (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 Act 10/ ;
(O) an offense described in section 275(a)
or 276 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, United States Code,
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 Act 11/ ;
(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; and
(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 12/ ;
(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 13/ ;
(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 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 the
date of enactment of this paragraph. 14/
(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 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 section 101(a)(15)(O)(i), 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. 15/
(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. 16/
(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. 17/
(b) As used in titles
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) 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: 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
Act; or
(F) 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 201(b), 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 adoption; who has been adopted abroad by a
United States citizen and spouse jointly, or by an unmarried United States
citizen at least twenty-five 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 Act.
(2) The term "parent'',
"father'', or "mother'' means a parent, father, or mother only where the
relationship exists by reason of any of the circumstances set forth in
(1) above, except that, for purposes of paragraph (1)(F) (other than the
second proviso therein) 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 or 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) 18/ The term "immigration judge"
means an attorney whom the Attorney General appoints as an administrative
judge within the Executive Office of Immigration Review, qualified to conduct
specified classes of proceedings, including a hearing under section 240.
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.
(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 320, and 321 of title III, a child
adopted in the United States, if such legitimation or adoption takes place
before the child reaches the age of sixteen years, 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) [stricken by Sec. 9(a)(3) of Pub. L.
100-525].
(e) For the purpose of this Act-
(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 Act-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) stricken by Sec. 2(c)(1) of Pub. L.
97-116.
(3) a member of one or more of the classes
of persons, whether inadmissible or not, described in paragraphs (2)(D),
(6)(E), and (9)(A) of section 212(a) of this Act; or subparagraphs (A)
and (B) of section 212(a)(2) and subparagraph (C) thereof of such section
(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 Act;
(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)). 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.
(g) For the purposes of this Act any alien
ordered deported or removed (whether before or after the enactment of this
Act) 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 212(a)(2)(E),
the term "serious criminal offense" means-
(1) any felony;
(2) any crime of violence, as defined in
section 16 of title 18 of the United States Code; 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.
FOOTNOTES FOR SECTION 101
FN 1
This sentence added by § 104 of IIRIRA. Clause (A) applies
to documents issued on or after 18 months after the date of the enactment
of IIRIRA. Clause (B) applies to cards presented on or after 3 years after
the date of enactment of IIRIRA.
FN 2 Amended by § 301 of IIRIRA, effective on the first day of the first month beginning more than 180 days after the date of enactment of IIRIRA. The effective date is established by § 309 of IIRIRA and is referred to as the title III-A effective date. Regulations are required to be promulgated not later than 30 days before the title III effective date. Section 309(c) of IIRIRA provides for transition for aliens in proceedings and provides that as a general rule the new provisions governed by the title III effective date do not apply to such aliens. Section 309(c) does, however, provide the Attorney General with authority and options to place certain such aliens under the new law.
FN 3
Amended by § 625 of IIRIRA, effective as to "individuals who
obtain the status of a nonimmigrant under section 101(a)(15)(F) of the
[INA] after the end of the 60- day period beginning on the date of the
enactment of this Act, including aliens whose status as such a nonimmigrant
is extended after the end of such period."
FN 4 Public
Law 104-302 extends the authorized period of stay within the United
States for certain nurses.
FN 5
Last sentence added by § 601 of IIRIRA.
INA: ACT 101 FN 6
FN 6
Shown as amended by AEDPA and IIRIRA § 321(a) which made several
new amendments. The amendments made by § 321(a) "shall apply to actions
taken on or after the date of the enactment of this Act, regardless of
when the conviction occurred, and shall apply under section 276(b)
of the Immigration and Nationality Act only to violations of section 276(a)
of such Act occurring on or after such date."
INA: ACT 101 FN 7
FN 7 Sic.
Section 321(a)(3) of IIRIRA amended subparagraphs (F), (G), (N),
and (P) the same and omitted the term "is". Note also, subparagraph (P)
does not contain the language referenced by section 321(a)(3). Section
322(a)(2) also amended this subparagraph and subparagraph (G) by striking
the phrase "imposed (regardless of any suspension of imprisonment" but
the sentence must still be ordered. See INA 101(a)(48) infra.
INA: ACT 101 FN 8
FN 8 Sic.
§ 321(a)(3) of IIRIRA.
INA: ACT 101 FN 9
FN 9 Sic.
§ 671(b)(5) of IIRIRA deleted a comma here but incorrectly
referred to clause (ii) instead of clause (iii) where the referenced comma
appeared.
INA: ACT 101 FN 10
FN 10 Amended
by section 321(a)(8) which mooted amendment by § 321(a)(3)
regarding "is at least 5 years".
INA: ACT 101 FN 11
FN 11 Section
321(a)(3) of IIRIRA attempted
to amend subparagraph (P) but the subparagraph does not contain the referenced
language "is at least 5 years". The referenced phrase was changed by AEDPA
but the change was not accounted for in IIRIRA. Thus, no change from that
amendment is shown here. The section is shown as amended by § 321(a)(9)
of IIRIRA. Because of the conflicting amendments it is unclear whether
the phrase "is at least 12 months" is correct as shown here. Reference
to the U.S. Code is recommended.
INA: ACT 101 FN 12
FN 12 Section
321(a)(10) of IIRIRA changed
the term of imprisonment from 5 years to 1 year.
INA: ACT 101 FN 13
FN 13 Section
321(a)(11) of IIRIRA changed the term of imprisonment from 5 years
to 1 year.
INA: ACT 101 FN 14
FN 14 Final
sentence added by § 321(b) of IIRIRA. Section 321(c) of
IIRIRA provides: "The amendments made by this section shall apply to
actions taken on or after the date of the enactment of this Act, regardless
of when the conviction occurred, and shall apply under section 276(b) of
the Immigration and Nationality Act only to violations of section 276(a)
of such Act occurring on or after such date."
INA: ACT 101 FN 15
FN 15 Section
101(a)(47) was added by AEDPA,
§ 440(b) of enactment of the AEDPA.
INA: ACT 101 FN 16
FN 16 Paragraph
(48) added by § 322 of IIRIRA. This section also made several
conforming amendments to paragraph (43) by striking the term "imposed (regardless
of any suspension of imprisonment)" in subparagraphs (F), (G), (N), and
(P). These amendments (new paragraph (48) and the conforming amendments
to paragraph (43)) all apply "to convictions and sentences entered before,
on, or after the date of the enactment of [IIRIRA]. Subparagraphs (B) and
(C) of section 240(c)(3) of [this Act], . . .shall apply to proving such
convictions." IIRIRA, §§ 322(c); 304(a)(3).
INA: ACT 101 FN 17
FN 17
Added by § 361 of IIRIRA, effective on the date of enactment
of IIRIRA.
INA: ACT 101 FN 18
FN 18
Amended by § 371 of IIRIRA, effective on date of enactment
of IIRIRA.
INA:
ACT 102 - APPLICABILITY OF TITLE II TO CERTAIN NONIMMIGRANTS
Sec. 102. [8 U.S.C. 1102] Except as otherwise
provided in this Act, for so long as they continue in the nonimmigrant
classes enumerated in this section, the provisions of this Act relating
to ineligibility to receive visas and the removal of aliens shall not be
construed to apply to nonimmigrants-
(1) within the class described in paragraph
(15)(A)(i) of section 101(a), except those provisions relating to reasonable
requirements of passports and visas as a means of identification and documentation
necessary to establish their qualifications under such paragraph (15)(A)(i),
and, under such rules and regulations as the President may deem to be necessary,
the provisions of subparagraphs (A) through (C) of section 212(a)(3);
(2) within the class described in paragraph
(15)(G)(i) of section 101(a), except those provisions relating to reasonable
requirements of passports and visas as a means of identification and documentation
necessary to establish their qualifications under such paragraph (15)(G)(i),
(3) within the classes described in paragraphs
(15) (A) (ii), (15) (G) (ii), (15) (G) (iii), or (15) (G) (iv) of section
101 (a), except those provisions relating to reasonable requirements of
passports and visas as a means of identification and documentation necessary
to establish their qualifications under such paragraphs, and the provisions
of subparagraphs (A) through (C) of section 212 (a) (3).
INA:
ACT 103 - POWERS AND DUTIES OF THE ATTORNEY GENERAL AND THE COMMISSIONER
Sec. 103. [8 U.S.C. 1103] (a)(1) The Attorney
General shall be charged with the administration and enforcement of this
Act and all other laws relating to the immigration and naturalization of
aliens, except insofar as this Act or such laws relate to the powers, functions,
and duties conferred upon the President, the Secretary of State, the officers
of the Department of State, or diplomatic or consular officers: Provided,
however, That determination and ruling by the Attorney General with respect
to all questions of law shall be controlling.
(2) He shall have control, direction, and
supervision of all employees and of all the files and records of the Service.
(3) He shall establish such regulations;
prescribe such forms of bond, reports, entries, and other papers; issue
such instructions; and perform such other acts as he deems necessary for
carrying out his authority under the provisions of this Act.
(4) He may require or authorize any employee
of the Service or the Department of Justice to perform or exercise any
of the powers, privileges, or duties conferred or imposed by this Act or
regulations issued thereunder upon any other employee of the Service.
(5) He shall have the power and duty to
control and guard the boundaries and borders of the United States against
the illegal entry of aliens and shall, in his discretion, appoint for that
purpose such number of employees of the Service as to him shall appear
necessary and proper.
(6) He is authorized to confer or impose
upon any employee of the United States, with the consent of the head of
the Department or other independent establishment under whose jurisdiction
the employee is serving, any of the powers, privileges, or duties conferred
or imposed by this Act or regulations issued thereunder upon officers or
employees of the Service.
(7) He may, with the concurrence of the
Secretary of State, establish offices of the Service in foreign countries;
and, after consultation with the Secretary of State, he may, whenever in
his judgment such action may be necessary to accomplish the purposes of
this Act, detail employees of the Service for duty in foreign countries.
(8) 1/ In the event the Attorney
General determines that an actual or imminent mass influx of aliens arriving
off the coast of the United States, or near a land border, presents urgent
circumstances requiring an immediate Federal response, the Attorney General
may authorize any State or local law enforcement officer, with the consent
of the head of the department, agency, or establishment under whose jurisdiction
the individual is serving, to perform or exercise any of the powers, privileges,
or duties conferred or imposed by this Act or regulations issued thereunder
upon officers or employees of the Service.
(9) 2/ The Attorney General, in support
of persons in administrative detention in non-Federal institutions, is
authorized-
(A) to make payments from funds appropriated
for the administration and enforcement of the laws relating to immigration,
naturalization, and alien registration for necessary clothing, medical
care, necessary guard hire, and the housing, care, and security of persons
detained by the Service pursuant to Federal law under an agreement with
a State or political subdivision of a State; and
(B) to enter into a cooperative agreement
with any State, territory, or political subdivision thereof, for the necessary
construction, physical renovation, acquisition of equipment, supplies or
materials required to establish acceptable conditions of confinement and
detention services in any State or unit of local government which agrees
to provide guaranteed bed space for persons detained by the Service.
After consultation with the Secretary of
State, the Attorney General may authorize officers of a foreign country
to be stationed at preclearance facilities in the United States for the
purpose of ensuring that persons traveling from or through the United States
to that foreign country comply with that country's immigration and related
laws. Those officers may exercise such authority and perform such duties
as United States immigration officers are authorized to exercise and perform
in that foreign country under reciprocal agreement, and they shall enjoy
such reasonable privileges and immunities necessary for the performance
of their duties as the government of their country extends to United States
immigration officers. 3/
(b) 4/ (1) The Attorney General may
contract for or buy any interest in land, including temporary use rights,
adjacent to or in the vicinity of an international land border when the
Attorney General deems the land essential to control and guard the boundaries
and borders of the United States against any violation of this Act.
(2) The Attorney General may contract for
or buy any interest in land identified pursuant to paragraph (1) as soon
as the lawful owner of that interest fixes a price for it and the Attorney
General considers that price to be reasonable.
(3) When the Attorney General and the lawful
owner of an interest identified pursuant to paragraph (1) are unable to
agree upon a reasonable price, the Attorney General may commence condemnation
proceedings pursuant to the Act of August 1, 1888 (Chapter 728; 25 Stat.
357).
(4) The Attorney General may accept for
the United States a gift of any interest in land identified pursuant to
paragraph (1).
(c) The Commissioner shall be a citizen
of the United States and shall be appointed by the President, by and with
the advice and consent of the Senate. He shall be charged with any and
all responsibilities and authority in the administration of the Service
and of this Act which are conferred upon the Attorney General as may be
delegated to him by the Attorney General or which may be prescribed by
the Attorney General. The Commissioner may enter into cooperative agreements
with State and local enforcement agencies for the purpose of assisting
in the enforcement of the immigration laws. 5/
(d)(1) The Commissioner, in consultation
with interested academicians, government agencies, and other parties, shall
provide for a system for collection and dissemination, to Congress and
the public, of information (not in individually identifiable form) useful
in evaluating the social, economic, environmental, and demographic impact
of immigration laws.
(2) 6/ Such information shall include
information on the alien population in the United States, on the rates
of naturalization and emigration of resident aliens, on aliens who have
been admitted, paroled, or granted asylum, on nonimmigrants in the United
States (by occupation, basis for admission, and duration of stay), on aliens
who have not been admitted or have been removed from the United States,
on the number of applications filed and granted for cancellation of removal,
and on the number of aliens estimated to be present unlawfully in the United
States in each fiscal year.
(3) Such system shall provide for the collection
and dissemination of such information not less often than annually.
(e)(1) The Commissioner shall submit to
Congress annually a report which contains a summary of the information
collected under subsection (d) and an analysis of trends in immigration
and naturalization.
(2) Each annual report shall include information
on the number, and rate of denial administratively, of applications for
naturalization, for each district office of the Service and by national
origin group.
(f) 7/ The Attorney General shall
allocate to each State not fewer than 10 full-time active duty agents of
the Immigration and Naturalization Service to carry out the functions of
the Service, in order to ensure the effective enforcement of this Act.
FOOTNOTES FOR SECTION 103
INA: ACT 103 FN 1
FN 1 Added
by § 372 of IIRIRA.
INA: ACT 103 FN 2
FN 2 Added
by § 373 of IIRIRA.
INA: ACT 103 FN 3
FN 3 The
last two sentences were added by § 125 of IIRIRA. Although
this amendment comes (in section order) before the amendments by §§
372 and 373 of IIRIRA, giving effect to this amendment before
those sections causes significant problems with the redesignation of the
paragraphs in INA 103(a) made by § 372. This order of placing
the amended text reconciles the amendments. At press time, the Public Law
was not yet codified in the U.S. Code to verify this interpretation. Reference
to the U.S. Code is recommended.
INA: ACT 103 FN 4
FN 4
Subsection inserted by § 102(d) of IIRIRA. Conforming amendments
to rest of section also from § 102(d) of IIRIRA.
INA: ACT 103 FN 5
FN 5
Last sentence added by § 373 of IIRIRA.
INA: ACT 103 FN 6
FN 6
Amended by § 308(d)(4)(C) of IIRIRA.
INA: ACT 103 FN 7
FN 7
Added by § 134 of IIRIRA, effective December 29, 1996. 90 days
after enactment of IIRIRA).
INA:
ACT 104 - POWERS AND DUTIES OF THE SECRETARY OF STATE
Sec. 104. [8 U.S.C. 1104]
(a) The Secretary of State shall be charged
with the administration and the enforcement of the provisions of this Act
and all other immigration and nationality laws relating to (1) the powers,
duties and functions of diplomatic and consular officers of the United
States, except those powers, duties and functions conferred upon the consular
officers relating to the granting or refusal of visas; (2) the powers,
duties and functions of the Administrator; and (3) the determination of
nationality of a person not in the United States. He shall establish such
regulations; prescribe such forms of reports, entries and other papers;
issue such instructions; and perform such other acts as he deems necessary
for carrying out such provisions. He is authorized to confer or impose
upon any employee of the United States, with the consent of the head of
the department or independent establishment under whose jurisdiction the
employee is serving, any of the powers, functions, or duties conferred
or imposed by this Act or regulations issued thereunder upon officers or
employees of the Department of State or of the American Foreign Service.
(b) The Secretary of State shall designate
an Administrator who shall be a citizen of the United States, qualified
by experience. The Administrator shall maintain close liaison with the
appropriate committees of Congress in order that they may be advised regarding
the administration of this Act by consular officers. The Administrator
shall be charged with any and all responsibility and authority in the administration
of this Act which are conferred on the Secretary of State as may be delegated
to the Administrator by the Secretary of State or which may be prescribed
by the Secretary of State, and shall perform such other duties as the Secretary
of State may prescribe.
(c) Within the Department of State there
shall be a Passport Office, a Visa Office, and such other offices as the
Secretary of State may deem to be appropriate, each office to be headed
by a director. The Directors of the Passport Office and the Visa Office
shall be experienced in the administration of the nationality and immigration
laws.
(d) The functions heretofore performed by
the Passport Division and the Visa Division of the Department of State
shall hereafter be performed by the Passport Office and the Visa Office,
respectively.
(e) There shall be a General Counsel of
the Visa Office, who shall be appointed by the Secretary of State and who
shall serve under the general direction of the Legal Adviser of the Department
of State. The General Counsel shall have authority to maintain liaison
with the appropriate officers of the Service with a view to securing uniform
interpretations of the provisions of this Act.
INA: ACT 105 - LIAISON WITH INTERNAL
SECURITY OFFICERS
Sec. 105. [8 U.S.C. 1105] The Commissioner
and the Administrator shall have authority to maintain direct and continuous
liaison with the Directors of the Federal Bureau of Investigation and the
Central Intelligence Agency and with other internal security officers of
the Government for the purpose of obtaining and exchanging information
for use in enforcing the provisions of this Act in the interest of the
internal security of the United States. The Commissioner and the Administrator
shall maintain direct and continuous liaison with each other with a view
to a coordinated, uniform, and efficient administration of this Act, and
all other immigration and nationality laws.
INA: ACT 106. [8 U.S.C. 1106]
1/
FOOTNOTES FOR SECTION 106
INA: ACT 106 FN1
FN 1
Repealed by § 306(b) of IIRIRA. Note all references to "special inquiry
officer" were changed to "immigration judge" after the section was stricken
being rewritten. See § 671 of IIRIRA.
TITLE II - IMMIGRATION
CHAPTER 1 - SELECTION SYSTEM
INA:
ACT 201 - WORLDWIDE LEVEL OF IMMIGRATION 1/
Sec. 201. [8 U.S.C. 1151]
(a) In general. - Exclusive of aliens described
in subsection (b), aliens born in a foreign state or dependent area who
may be issued immigrant visas or who may otherwise acquire the status of
an alien lawfully admitted to the United States for permanent residence
are limited to-
(1) family-sponsored immigrants described
in section 203(a) (or who are admitted under section 211(a)
on the basis of a prior issuance of a visa to their accompanying parent
under section 203(a)) in a number not to exceed in any fiscal year the
number specified in subsection (c) for that year, and not to exceed in
any of the first 3 quarters of any fiscal year 27 percent of the worldwide
level under such subsection for all of such fiscal year;
(2) employment-based immigrants described
in section 203(b) (or who are admitted under section 211(a) on the
basis of a prior issuance of a visa to their accompanying parent under
section 203(b)), in a number not to exceed in any fiscal year the
number specified in subsection (d) for that year, and not to exceed in
any of the first 3 quarters of any fiscal year 27 percent of the worldwide
level under such subsection for all of such fiscal year; and
(3) for fiscal years beginning with fiscal
year 1995, diversity immigrants described in section 203(c) (or
who are admitted under section 211(a) on the basis of a prior issuance
of a visa to their accompanying parent under section 203(c)) in
a number not to exceed in any fiscal year the number specified in subsection
(e) for that year, and not to exceed in any of the first 3 quarters of
any fiscal year 27 percent of the worldwide level under such subsection
for all of such fiscal year.
(b) Aliens Not Subject
to Direct Numerical Limitations. - Aliens described in this subsection,
who are not subject to the worldwide levels or numerical limitations of
subsection (a), are as follows:
(1)(A) Special immigrants described in subparagraph
(A) or (B) of section 101(a)(27).
(B) Aliens who are admitted under section
207 or whose status is adjusted under section 209.
(C) Aliens whose status is adjusted to permanent
residence under section 210, or 245A.
(D) Aliens whose removal is canceled under
section 240A(a).
(E) Aliens provided permanent resident status
under section 249.
(2)(A)(i)
Immediate relatives. - For purposes of this subsection, the term ``immediate
relatives'' means the children, spouses, and parents of a citizen of the
United States, except that, in the case of parents, such citizens shall
be at least 21 years of age. In the case of an alien who was the spouse
of a citizen of the United States for at least 2 years at the time of the
citizen's death and was not legally separated from the citizen at the time
of the citizen's death, the alien (and each child of the alien) shall be
considered, for purposes of this subsection, to remain an immediate relative
after the date of the citizen's death but only if the spouse files a petition
under section 204(a)(1)(A)(ii) within
2 years after such date and only until the date the spouse remarries.
(ii) Aliens admitted under section 211(a)
on the basis of a prior issuance of a visa to their accompanying parent
who is such an immediate relative.
(B) Aliens born to an alien lawfully admitted
for permanent residence during a temporary visit abroad.
(c) Worldwide Level
of Family-Sponsored Immigrants. -
(1)(A) The worldwide level of family-sponsored
immigrants under this subsection for a fiscal year is, subject to subparagraph
(B), equal to -
(i) 480,000, minus
(ii) the sum of the number computed under
paragraph (2) and the number computed under paragraph (4), plus
(iii) the number (if any) computed under
paragraph (3).
(B)(i) For each of fiscal years 1992, 1993,
and 1994, 465,000 shall be substituted for 480,000 in subparagraph (A)(i).
(ii) In no case shall the number computed
under subparagraph (A) be less than 226,000.
(2) The number computed under this paragraph
for a fiscal year is the sum of the number of aliens described in subparagraphs
(A) and (B) of subsection (b)(2) who were issued immigrant visas or who
otherwise acquired the status of aliens lawfully admitted to the United
States for permanent residence in the previous fiscal year.
(3)(A) The number computed under this paragraph
for fiscal year 1992 is zero.
(B) The number computed under this paragraph
for fiscal year 1993 is the difference (if any) between the worldwide level
established under paragraph (1) for the previous fiscal year and the number
of visas issued under section 203(a) during that fiscal year.
(C) The number computed under this paragraph
for a subsequent fiscal year is the difference (if any) between the maximum
number of visas which may be issued under section 203(b) (relating to employment-based
immigrants) during the previous fiscal year and the number of visas issued
under that section during that year.
(4) The number computed under this paragraph
for a fiscal year (beginning with fiscal year 1999) is the number of aliens
who were paroled into the United States under section 212(d)(5)
in the second preceding fiscal year-
(A) who did not depart from the United States
(without advance parole) within 365 days; and
(B) who (i) did not acquire the status of
aliens lawfully admitted to the United States for permanent residence in
the two preceding fiscal years, or (ii) acquired such status in such years
under a provision of law (other than section 201(b)) which exempts such
adjustment from the numerical limitation on the worldwide level of immigration
under this section.
(5) If any alien described in paragraph
(4) (other than an alien described in paragraph (4)(B)(ii)) is subsequently
admitted as an alien lawfully admitted for permanent residence, such alien
shall not again be considered for purposes of paragraph (1).2/
(d) Worldwide level
of employment-based immigrants
(1) The worldwide level of employment-based
immigrants under this subsection for a fiscal year is equal to-
(A) 140,000 plus
(B) the number computed under paragraph
(2).
(2)(A) The number computer under this paragraph
for fiscal year 1992 is zero.
(B) The number computed under this paragraph
for fiscal year 1993 is the difference (if any) between the worldwide level
established under paragraph (1) for the previous fiscal year and the number
of visas issued under section 203(b) during that fiscal year.
(C) The number computed under this paragraph
for a subsequent fiscal year is the difference (if any) between the maximum
number of visas which may be issued under section 203(a) (relating to family-sponsored
immigrants) during the previous fiscal year and the number of visas issued
under that section during that year.
(e) Worldwide level
of diversity immigrants.- The worldwide level of diversity immigrants is
equal to 55,000 for each fiscal year.
FOOTNOTES FOR SECTION 201
INA ACT 201 FN 1
FN1
This section was amended in its entirety by § 101(a) of IMMACT and
further amended by § 302(a)(1) of MTINA.
INA ACT 201 FN 2
FN 2
Paragraphs (4) and (5) added by § 603 of IIRIRA.
INA:
ACT 202 - NUMERICAL LIMITATION TO ANY SINGLE FOREIGN STATE
Sec. 202. [8 U.S.C. 1152]
(a) Per Country Level. -
(1) Nondiscrimination. -
(A) Except as specifically provided in paragraph
(2) and in sections 101(a)(27), 201(b)(2)(A)(i), and 203,
no person shall receive any preference or priority or be discriminated
against in the issuance of an immigrant visa because of the person's race,
sex, nationality, place of birth, or place of residence.
(B)1/ Nothing in this paragraph shall
be construed to limit the authority of the Secretary of State to determine
the procedures for the processing of immigrant visa applications or the
locations where such applications will be processed.
(2) Per country levels for family-sponsored
and employment- based immigrants. - Subject to paragraphs (3) and (4),
the total number of immigrant visas made available to natives of any single
foreign state or dependent area under subsections (a) and (b) of section
203 in any fiscal year may not exceed 7 percent (in the case of a single
foreign state) or 2 percent (in the case of a dependent area) of the total
number of such visas made available under such subsections in that fiscal
year.
(3) Exception if additional visas available.
- If because of the application of paragraph (2) with respect to one or
more foreign states or dependent areas, the total number of visas available
under both subsections (a) and (b) of section 203 for a calendar quarter
exceeds the number of qualified immigrants who otherwise may be issued
such a visa, paragraph (2) shall not apply to visas made available to such
states or areas during the remainder of such calendar quarter.
(4) Special rules for spouses and children
of lawful permanent resident aliens. -
(A) 75 percent of 2nd preference set-aside
for spouses and children not subject to per country limitation. -
(i) In general. - Of the visa numbers made
available under section 203(a) to immigrants described in section
203(a)(2)(A) in any fiscal year, 75 percent of the 2-A floor (as
defined in clause (ii)) shall be issued without regard to the numerical
limitation under paragraph (2).
(ii) 2-A floor defined. - In this paragraph,
the term "2-A floor" means, for a fiscal year, 77 percent of the total
number of visas made available under section 203(a) to immigrants described
in section 203(a)(2) in the fiscal year.
(B) Treatment of remaining 25 percent for
countries subject to subsection (e).-
(i) In general. - Of the visa numbers made
available under section 203(a) to immigrants described in section
203(a)(2)(A) in any fiscal year, the remaining 25 percent of the
2-A floor shall be available in the case of a state or area that is subject
to subsection (e) only to the extent that the total number of visas issued
in accordance with subparagraph (A) to natives of the foreign state or
area is less than the subsection (e) ceiling (as defined in clause (ii)).
(ii) Subsection (e) ceiling defined. - In
clause (i), the term "subsection (e) ceiling" means, for a foreign state
or dependent area, 77 percent of the maximum number of visas that may be
made available under section 203(a) to immigrants who are natives of the
state or area under section 203(a)(2) consistent with subsection
(e).
(C) Treatment of unmarried sons and daughters
in countries subject to subsection (e). - In the case of a foreign state
or dependent area to which subsection (e) applies, the number of immigrant
visas that may be made available to natives of the state or area under
section 203(a)(2)(B) may not exceed -
(i) 23 percent of the maximum number of
visas that may be made available under section 203(a) to immigrants of
the state or area described in section 203(a)(2) consistent with subsection
(e), or
(ii) the number (if any) by which the maximum
number of visas that may be made available under section 203(a)
to immigrants of the state or area described in section 203(a)(2) consistent
with subsection (e) exceeds the number of visas issued under section 203(a)(2)(A),
whichever is greater.
(D) Limiting pass down for certain countries
subject to subsection (e). - In the case of a foreign state or dependent
area to which subsection (e) applies, if the total number of visas issued
under section 203(a)(2) exceeds the maximum number of visas that may be
made available to immigrants of the state or area under section 203(a)(2)
consistent with subsection (e) (determined without regard to this paragraph),
in applying paragraphs (3) and (4) of section 203(a) under subsection (e)(2)
all visas shall be deemed to have been required for the classes specified
in paragraphs (1) and (2) of such section.
(b) Rules for Chargeability.
- Each independent country, self-governing dominion, mandated territory,
and territory under the international trusteeship system of the United
Nations, other than the United States and its outlying possessions, shall
be treated as a separate foreign state for the purposes of a numerical
level established under subsection (a)(2) when approved by the Secretary
of State. All other inhabited lands shall be attributed to a foreign state
specified by the Secretary of State. For the purposes of this Act the foreign
state to which an immigrant is chargeable shall be determined by birth
within such foreign state except that-
(1) an alien child, when accompanied by
or following to join his alien parent or parents, may be charged to the
foreign state of either parent if such parent has received or would be
qualified for an immigrant visa, if necessary to prevent the separation
of the child from the parent or parents, and if immigration charged to
the foreign state to which such parent has been or would be chargeable
has not reached a numerical level established under subsection (a)(2) for
that fiscal year;
(2) if an alien is chargeable to a different
foreign state from that of his spouse, the foreign state to which such
alien is chargeable may, if necessary to prevent the separation of husband
and wife, be determined by the foreign state of the spouse he is accompanying
or following to join, if such spouse has received or would be qualified
for an immigrant visa and if immigration charged to the foreign state to
which such spouse has been or would be chargeable has not reached a numerical
level established under subsection (a)(2) for that fiscal year; (3) an
alien born in the United States shall be considered as having been born
in the country of which he is a citizen or subject, or, if he is not a
citizen or subject of any country, in the last foreign country in which
he had his residence as determined by the consular officer; and (4) an
alien born within any foreign state in which neither of his parents was
born and in which neither of his parents had a residence at the time of
such alien's birth may be charged to the foreign state of either parent.
(c) Chargeability for Dependent Areas. -
Any immigrant born in a colony or other component or dependent area of
a foreign state overseas from the foreign state, other than an alien described
in section 201(b), shall be chargeable for the purpose of the limitation
set forth in subsection (a), to the foreign state.
(d) Changes in Territory. - In the case
of any change in the territorial limits of foreign states, the Secretary
of State shall, upon recognition of such change, issue appropriate instructions
to all diplomatic and consular offices.
(e) Special Rules for Countries at Ceiling.
- If it is determined that the total number of immigrant visas made available
under subsections (a) and (b) of section 203 to natives of any single
foreign state or dependent area will exceed the numerical limitation specified
in subsection (a)(2) in any fiscal year, in determining the allotment of
immigrant visa numbers to natives under subsections (a) and (b) of section
203, visa numbers with respect to natives of that state or area shall be
allocated (to the extent practicable and otherwise consistent with this
section and section 203) in a manner so that -
(1) the ratio of the visa numbers made available
under section 203(a) to the visa numbers made available under section
203(b) is equal to the ratio of the worldwide level of immigration
under section 201(c) to such level under section 201(d);
(2) except as provided in subsection (a)(4),
the proportion of the visa numbers made available under each of paragraphs
(1) through (4) of section 203(a) is equal to the ratio of the total number
of visas made available under the respective paragraph to the total number
of visas made available under section 203(a), and
(3) the proportion of the visa numbers made
available under each of paragraphs (1) through (5) of section 203(b) is
equal to the ratio of the total number of visas made available under the
respective paragraph to the total number of visas made available under
section 203(b).
Nothing in this subsection shall be construed
as limiting the number of visas that may be issued to natives of a foreign
state or dependent area under section 203(a) or 203(b) if there
is insufficient demand for visas for such natives under section 203(b)
or 203(a), respectively, or as limiting the number of visas that
may be issued under section 203(a)(2)(A) pursuant to subsection
(a)(4)(A).
FOOTNOTES FOR SECTION 202
INA: ACT 202 FN 1
FN 1
Added by § 633 of IIRIRA.
INA:
ACT 203 - ALLOCATION OF IMMIGRANT VISAS
Sec. 203. [8 U.S.C. 1153]
(a) Preference Allocation for Family-Sponsored
Immigrants. - Aliens subject to the worldwide level specified in section
201(c) for family-sponsored immigrants shall be allotted visas as
follows:
(1) Unmarried sons and daughters of citizens.
- Qualified immigrants who are the unmarried sons or daughters of citizens
of the United States shall be allocated visas in a number not to exceed
23,400, plus any visas not required for the class specified in paragraph
(4).
(2) Spouses and unmarried sons and unmarried
daughters of permanent resident aliens. - Qualified immigrants -
(A) who are the spouses or children of an
alien lawfully admitted for permanent residence, or
(B) who are the unmarried sons or unmarried
daughters (but are not the children) of an alien lawfully admitted for
permanent residence, shall be allocated visas in a number not to exceed
114,200, plus the number (if any) by which such worldwide level exceeds
226,000, plus any visas not required for the class specified in paragraph
(1); except that not less than 77 percent of such visa numbers shall be
allocated to aliens described in subparagraph (A).
(3) Married sons and married daughters of
citizens. - Qualified immigrants who are the married sons or married daughters
of citizens of the United States shall be allocated visas in a number not
to exceed 23,400, plus any visas not required for the classes specified
in paragraphs (1) and (2).
(4) Brothers and
sisters of citizens. - Qualified immigrants who are the brothers or sisters
of citizens of the United States, if such citizens are at least 21 years
of age, shall be allocated visas in a number not to exceed 65,000, plus
any visas not required for the classes specified in paragraphs (1) through
(3).
(b) Preference Allocation
for Employment-Based Immigrants. - Aliens subject to the worldwide level
specified in section 201(d) for employment-based immigrants in a fiscal
year shall be allotted visas as follows:
(1) Priority workers. - Visas shall first
be made available in a number not to exceed 28.6 percent of such worldwide
level, plus any visas not required for the classes specified in paragraphs
(4) and (5), to qualified immigrants who are aliens described in any of
the following subparagraphs (A) through (C):
(A) Aliens with extraordinary ability. -
An alien is described in this subparagraph if -
(i) the alien has extraordinary ability
in the sciences, arts, education, business, or athletics which has been
demonstrated by sustained national or international acclaim and whose achievements
have been recognized in the field through extensive documentation,
(ii) the alien seeks to enter the United
States to continue work in the area of extraordinary ability, and
(iii) the alien's entry into the United
States will substantially benefit prospectively the United States.
(B) Outstanding professors and researchers.
-An alien is described in this subparagraph if -
(i) the alien is recognized internationally
as outstanding in a specific academic area,
(ii) the alien has at least 3 years of experience
in teaching or research in the academic area, and
(iii) the alien seeks to enter the United
States-
(I) for a tenured position (or tenure-track
position) within a university or institution of higher education to teach
in the academic area,
(II) for a comparable position with a university
or institution of higher education to conduct research in the area, or
(III) for a comparable position to conduct
research in the area with a department, division, or institute of a private
employer, if the department, division, or institute employs at least 3
persons full-time in research activities and has achieved documented accomplishments
in an academic field.
(C) Certain multinational executives and
managers. An alien is described in this subparagraph if the alien, in the
3 years preceding the time of the alien's application for classification
and admission into the United States under this subparagraph, has been
employed for at least 1 year by a firm or corporation or other legal entity
or an affiliate or subsidiary thereof and the alien seeks to enter the
United States in order to continue to render services to the same employer
or to a subsidiary or affiliate thereof in a capacity that is managerial
or executive.
(2) Aliens who are
members of the professions holding advanced degrees or aliens of exceptional
ability. -
(A) In general. - Visas shall be made available,
in a number not to exceed 28.6 percent of such worldwide level, plus any
visas not required for the classes specified in paragraph (1), to qualified
immigrants who are members of the professions holding advanced degrees
or their equivalent or who because of their exceptional ability in the
sciences, arts, or business, will substantially benefit prospectively the
national economy, cultural or educational interests, or welfare of the
United States, and whose services in the sciences, arts, professions, or
business are sought by an employer in the United States.
(B) Waiver of job offer. - The Attorney
General may, when he deems it to be in the national interest, waive the
requirement of subparagraph (A) that an alien's services in the sciences,
arts, professions, or business be sought by an employer in the United States.
(C) Determination of exceptional ability.
- In determining under subparagraph (A) whether an immigrant has exceptional
ability, the possession of a degree, diploma, certificate, or similar award
from a college, university, school, or other institution of learning or
a license to practice or certification for a particular profession or occupation
shall not by itself be considered sufficient evidence of such exceptional
ability.
(3) Skilled workers,
professionals, and other workers.-
(A) In general. - Visas shall be made available,
in a number not to exceed 28.6 percent of such worldwide level, plus any
visas not required for the classes specified in paragraphs (1) and (2),
to the following classes of aliens who are not described in paragraph (2):
(i) Skilled workers. - Qualified immigrants
who are capable, at the time of petitioning for classification under this
paragraph, of performing skilled labor (requiring at least 2 years training
or experience), not of a temporary or seasonal nature, for which qualified
workers are not available in the United States.
(ii) Professionals. - Qualified immigrants
who hold baccalaureate degrees and who are members of the professions.
(iii) Other workers. - Other qualified immigrants
who are capable, at the time of petitioning for classification under this
paragraph, of performing unskilled labor, not of a temporary or seasonal
nature, for which qualified workers are not available in the United States.
(B) Limitation on other workers. - Not more
than 10,000 of the visas made available under this paragraph in any fiscal
year may be available for qualified immigrants described in subparagraph
(A)(iii).
(C) Labor certification required.- An immigrant
visa may not be issued to an immigrant under subparagraph (A) until the
consular officer is in receipt of a determination made by the Secretary
of Labor pursuant to the provisions of section 212(a)(5)(A).
(4) Certain special immigrants. - Visas
shall be made available, in a number not to exceed 7.1 percent of such
worldwide level, to qualified special immigrants described in section 101(a)(27)
(other than those described in subparagraph (A) or (B) thereof), of which
not more than 5,000 may be made available in any fiscal year to special
immigrants described in subclause (II) or (III) of section 101(a)(27)(C)(ii).
(A) In general. - Visas shall be made available,
in a number not to exceed 7.1 percent of such worldwide level, to qualified
immigrants seeking to enter the United States for the purpose of engaging
in a new commercial enterprise -
(i) which the alien has established,
(ii) in which such alien has invested (after
the date of the enactment of the Immigration Act of 1990) or, is actively
in the process of investing, capital in an amount not less than the amount
specified in subparagraph (C), and
(iii) which will benefit the United States
economy and create full-time employment for not fewer than 10 United States
citizens or aliens lawfully admitted for permanent residence or other immigrants
lawfully authorized to be employed in the United States (other than the
immigrant and the immigrant's spouse, sons, or daughters).
(B) Set-aside for targeted employment areas.-
(i) In general. - Not less than 3,000 of
the visas made available under this paragraph in each fiscal year shall
be reserved for qualified immigrants who establish a new commercial enterprise
described in subparagraph (A) which will create employment in a targeted
employment area.
(ii) Targeted employment area defined. -
In this paragraph, the term ``targeted employment area'' means, at the
time of the investment, a rural area or an area which has experienced high
unemployment (of at least 150 percent of the national average rate).
(iii) Rural area defined. - In this paragraph,
the term ``rural area'' means any area other than an area within a metropolitan
statistical area or within the outer boundary of any city or town having
a population of 20,000 or more (based on the most recent decennial census
of the United States).
(C) Amount of capital required. -
(i) In general. - Except as otherwise provided
in this subparagraph, the amount of capital required under subparagraph
(A) shall be $1,000,000. The Attorney General, in consultation with the
Secretary of Labor and the Secretary of State, may from time to time prescribe
regulations increasing the dollar amount specified under the previous sentence.
(ii) Adjustment for targeted employment
areas.- The Attorney General may, in the case of investment made in a targeted
employment area, specify an amount of capital required under subparagraph
(A) that is less than (but not less than ½ of) the amount specified
in clause (i).
(iii) Adjustment for high employment areas.-In
the case of an investment made in a part of a metropolitan statistical
area that at the time of the investment -
(I) is not a targeted employment area, and
(II) is an area with an unemployment rate
significantly below the national average unemployment rate, the Attorney
General may specify an amount of capital required under subparagraph (A)
that is greater than (but not greater than 3 times) the amount specified
in clause (I).
(6) Special rules for "k" special immigrants.
-
(A) Not counted against numerical limitation
in year involved. - Subject to subparagraph (B), the number of immigrant
visas made available to special immigrants under section 101(a)(27)(K)
in a fiscal year shall not be subject to the numerical limitations of this
subsection or of section 202(a).
(B) Counted against numerical limitations
in following year.-
(i) Reduction in employment-based immigrant
classifications. - The number of visas made available in any fiscal year
under paragraphs (1), (2), and (3) shall each be reduced by 1/3 of the
number of visas made available in the previous fiscal year to special immigrants
described in section 101(a)(27)(K).
(ii) Reduction in per country level. - The
number of visas made available in each fiscal year to natives of a foreign
state under section 202(a) shall be reduced by the number of visas
made available in the previous fiscal year to special immigrants described
in section 101(a)(27)(K) who are natives of the foreign state.
(iii) Reduction in employment-based immigrant
classifications within per country ceiling. - In the case of a foreign
state subject to section 202(e) in a fiscal year (and in the previous fiscal
year), the number of visas made available and allocated to each of paragraphs
(1) through (3) of this subsection in the fiscal year shall be reduced
by 1/3 of the number of visas made available in the previous fiscal year
to special immigrants described in section 101(a)(27)(K) who are natives
of the foreign state.(C)[Subparagraph (C) was stricken by Sec. 212(b) of
the Immigration and Nationality Technical Corrections Act of 1994 (Pub.
L. 103-416, 108 Stat. 4314, Oct. 25, 1994)]
(1) In general. - Except as provided in
paragraph (2), aliens subject to the worldwide level specified in section
201(e) for diversity immigrants shall be allotted visas each fiscal
year as follows:
(A) Determination of preference immigration.
- The Attorney General shall determine for the most recent previous 5-fiscal-year
period for which data are available, the total number of aliens who are
natives of each foreign state and who (i) were admitted or otherwise provided
lawful permanent resident status (other than under this subsection) and
(ii) were subject to the numerical limitations of section 201(a)
(other than paragraph (3) thereof) or who were admitted or otherwise provided
lawful permanent resident status as an immediate relative or other alien
described in section 201(b)(2).
(B) Identification of high-admission and
low-admission regions and high-admission and low-admission states. - The
Attorney General -
(i) shall identify -
(I) each region (each in this paragraph
referred to as a "high- admission region") for which the total of the numbers
determined under subparagraph (A) for states in the region is greater than
1/6 of the total of all such numbers, and
(II) each other region (each in this paragraph
referred to as a "low- admission region"); and
(ii) shall identify -
(I) each foreign state for which the number
determined under subparagraph (A) is greater than 50,000 (each such state
in this paragraph referred to as a "high-admission state"), and
(II) each other foreign state (each such
state in this paragraph referred to as a "low-admission state").
(C) Determination of percentage of worldwide
immigration attributable to high-admission regions. - The Attorney General
shall determine the percentage of the total of the numbers determined under
subparagraph (A) that are numbers for foreign states in high- admission
regions.
(D) Determination of regional populations
excluding high- admission states and ratios of populations of regions within
low-admission regions and high-admission regions. - The Attorney General
shall determine -
(i) based on available estimates for each
region, the total population of each region not including the population
of any high-admission state;
(ii) for each low-admission region, the
ratio of the population of the region determined under clause (i) to the
total of the populations determined under such clause for all the low-admission
regions; and
(iii) for each high-admission region, the
ratio of the population of the region determined under clause (i) to the
total of the populations determined under such clause for all the high-admission
regions.
(E) Distribution of visas. -
(i) No visas for natives of high-admission
states.- The percentage of visas made available under this paragraph to
natives of a high- admission state is 0.
(ii) For low-admission states in low-admission
regions. - Subject to clauses (iv) and (v), the percentage of visas made
available under this paragraph to natives (other than natives of a high-admission
state) in a low-admission region is the product of-
(I) the percentage determined under subparagraph
(C), and
(II) the population ratio for that region
determined under subparagraph (D)(ii).
(iii) For low-admission states in high-admission
regions. - Subject to clauses (iv) and (v), the percentage of visas made
available under this paragraph to natives (other than natives of a high-admission
state) in a high-admission region is the product of -
(I) 100 percent minus the percentage determined
under subparagraph (C), and
(II) the population ratio for that region
determined under subparagraph (D)(iii).
(iv) Redistribution of unused visa numbers.
- If the Secretary of State estimates that the number of immigrant visas
to be issued to natives in any region for a fiscal year under this paragraph
is less than the number of immigrant visas made available to such natives
under this paragraph for the fiscal year, subject to clause (v), the excess
visa numbers shall be made available to natives (other than natives of
a high-admission state) of the other regions in proportion to the percentages
otherwise specified in clauses (ii) and (iii).
(v) Limitation on visas for natives of a single foreign state. - The percentage of visas made available under this paragraph to natives of any single foreign state for any fiscal year shall not exceed 7 percent
.
(F) Region defined. - Only for purposes
of administering the diversity program under this subsection, Northern
Ireland shall be treated as a separate foreign state, each colony or other
component or dependent area of a foreign state overseas from the foreign
state shall be treated as part of the foreign state, and the areas described
in each of the following clauses shall be considered to be a separate region:
(i) Africa.
(ii) Asia.
(iii) Europe.
(iv) North America (other than Mexico).
(v) Oceania.
(vi) South America, Mexico, Central America,
and the Caribbean.
(2) Requirement of education or work experience.
- An alien is not eligible for a visa under this subsection unless the
alien-
(A) has at least a high school education
or its equivalent, or
(B) has, within 5 years of the date of application
for a visa under this subsection, at least 2 years of work experience in
an occupation which requires at least 2 years of training or experience.
(3) Maintenance of information. - The Secretary
of State shall maintain information on the age, occupation, education level,
and other relevant characteristics of immigrants issued visas under this
subsection.
(d) Treatment of Family
Members. - A spouse or child as defined in subparagraph (A), (B), (C),
(D), or (E) of section 101(b)(1) shall, if not otherwise entitled
to an immigrant status and the immediate issuance of a visa under subsection
(a), (b), or (c), be entitled to the same status, and the same order of
consideration provided in the respective subsection, if accompanying or
following to join, the spouse or parent.
(1) Immigrant visas made available under
subsection (a) or (b) shall be issued to eligible immigrants in the order
in which a petition in behalf of each such immigrant is filed with the
Attorney General (or in the case of special immigrants under section 101(a)(27)(D),
with the Secretary of State) as provided in section 204(a).
(2) Immigrant visa numbers made available
under subsection (c) (relating to diversity immigrants) shall be issued
to eligible qualified immigrants strictly in a random order established
by the Secretary of State for the fiscal year involved.
(3) Waiting lists of applicants for visas
under this section shall be maintained in accordance with regulations prescribed
by the Secretary of State.
(f) Authorization for Issuance. - In the
case of any alien claiming in his application for an immigrant visa to
be described in section 201(b)(2) or in subsection (a), (b), or
(c) of this section, the consular officer shall not grant such status until
he has been authorized to do so as provided by section 204.
(g) Lists.- For purposes of carrying out
the Secretary's responsibilities in the orderly administration of this
section, the Secretary of State may make reasonable estimates of the anticipated
numbers of visas to be issued during any quarter of any fiscal year within
each of the categories under subsections (a), (b), and (c) and to rely
upon such estimates in authorizing the issuance of visas. The Secretary
of State shall terminate the registration of any alien who fails to apply
for an immigrant visa within one year following notification to the alien
of the availability of such visa, but the Secretary shall reinstate the
registration of any such alien who establishes within 2 years following
the date of notification of the availability of such visa that such failure
to apply was due to circumstances beyond the alien's control.
INA:
ACT 204 - PROCEDURE FOR GRANTING IMMIGRANT VISAS
Sec. 204. [8 U.S.C. 1154] (a)(1)(A)(i) Any
citizen of the United States claiming that an alien is entitled to classification
by reason of a relationship described in paragraph (1), (3), or (4) of
section 203(a) or to an immediate relative
status under section 201(b)(2)(A)(i)
may file a petition with the Attorney General for such classification.
(ii) An alien spouse described in the second
sentence of section 201(b)(2)(A)(i) also
may file a petition with the Attorney General under this subparagraph for
classification of the alien (and the alien's children) under such section.
(iii) An alien who is the spouse of a citizen
of the United States, who is a person of good moral character, who is eligible
to be classified as an immediate relative under section 201(b)(2)(A)(i),
and who has resided in the United States with the alien's spouse may file
a petition with the Attorney General under this subparagraph for classification
of the alien (and any child of the alien if such a child has not been classified
under clause (iv) under such section if the alien demonstrates to the Attorney
General that -
(I) the alien is residing in the United
States, the marriage between the alien and the spouse was entered into
in good faith by the alien, and during the marriage the alien or a child
of the alien has been battered by or has been the subject of extreme cruelty
perpetrated by the alien's spouse; and
(II) the alien is a person whose removal,
in the opinion of the Attorney General, would result in extreme hardship
to the alien or a child of the alien.
(iv) An alien who is the child of a citizen
of the United States, who is a person of good moral character, who is eligible
to be classified as an immediate relative under section 201(b)(2)(A)(i),
and who has resided in the United States with the citizen parent may file
a petition with the Attorney General under this subparagraph for classification
of the alien under such section if the alien demonstrates to the Attorney
General that -
(I) the alien is residing in the United
States and during the period of residence with the citizen parent the alien
has been battered by or has been the subject of extreme cruelty perpetrated
by the alien's citizen parent; and
(II) the alien is a person whose removal,
in the opinion of the Attorney General, would result in extreme hardship
to the alien.
(B)(i) Any alien lawfully admitted for permanent
residence claiming that an alien is entitled to a classification by reason
of the relationship described in section 203(a)(2)
may file a petition with the Attorney General for such classification.
(ii) An alien who is the spouse of an alien
lawfully admitted for permanent residence, who is a person of good moral
character, who is eligible for classification under section 203(a)(2)(A),
and who has resided in the United States with the alien's legal permanent
resident spouse may file a petition with the Attorney General under this
subparagraph for classification of the alien (and any child of the alien
if such a child has not been classified under clause (iii)) under such
section if the alien demonstrates to the Attorney General that the conditions
described in subclauses (I) and (II) of subparagraph (A)(iii) are met with
respect to the alien.
(iii) An alien who is the child of an alien
lawfully admitted for permanent residence, who is a person of good moral
character, who is eligible for classification under section 203(a)(2)(A),
and who has resided in the United States with the alien's permanent resident
alien parent may file a petition with the Attorney General under this subparagraph
for classification of the alien under such section if the alien demonstrates
to the Attorney General that -
(I) the alien is residing in the United
States and during the period of residence with the permanent resident parent
the alien has been battered by or has been the subject of extreme cruelty
perpetrated by the alien's permanent resident parent; and
(II) the alien is a person whose removal,
in the opinion of the Attorney General, would result in extreme hardship
to the alien.
(C) Any alien desiring to be classified
under section 203(b)(1)(A), or any person
on behalf of such an alien, may file a petition with the Attorney General
for such classification.
(D) Any employer desiring and intending
to employ within the United States an alien entitled to classification
under section 203(b)(1)(B), 203(b)(1)(C), 203(b)(2),
or 203(b)(3) may file a petition with the Attorney General for such
classification.
(E)(i) Any alien (other than a special immigrant
under section 101(a)(27)(D)) desiring to be classified under section 203(b)(4),
or any person on behalf of such an alien, may file a petition with the
Attorney General for such classification.
(ii) Aliens claiming status as a special
immigrant under section 101(a)(27)(D)
may file a petition only with the Secretary of State and only after notification
by the Secretary that such status has been recommended and approved pursuant
to such section.
(F) Any alien desiring to be classified
under section 203(b)(5) may file a petition
with the Attorney General for such classification.
(G)(i) Any alien desiring to be provided
an immigrant visa under section 203(c) may
file a petition at the place and time determined by the Secretary of State
by regulation. Only one such petition may be filed by an alien with respect
to any petitioning period established. If more than one petition is submitted
all such petitions submitted for such period by the alien shall be voided.
(ii)(I) The Secretary of State shall designate
a period for the filing of petitions with respect to visas which may be
issued under section 203(c) for the fiscal year beginning after the end
of the period.
(II) Aliens who qualify, through random
selection, for a visa under section 203(c) shall remain eligible to receive
such visa only through the end of the specific fiscal year for which they
were selected.
(III) The Secretary of State shall prescribe
such regulations as may be necessary to carry out this clause.
(iii) A petition under this subparagraph
shall be in such form as the Secretary of State may by regulation prescribe
and shall contain such information and be supported by such documentary
evidence as the Secretary of State may require.
(H) In acting on petitions filed under clause
(iii) or (iv) of subparagraph (A) or clause (ii) or (iii) of subparagraph
(B), the Attorney General shall consider any credible evidence relevant
to the petition. The determination of what evidence is credible and the
weight to be given that evidence shall be within the sole discretion of
the Attorney General.
(2)(A) The Attorney
General may not approve a spousal second preference petition for the classification
of the spouse of an alien if the alien, by virtue of a prior marriage,
has been accorded the status of an alien lawfully admitted for permanent
residence as the spouse of a citizen of the United States or as the spouse
of an alien lawfully admitted for permanent residence, unless-
(i) a period of 5 years has elapsed after
the date the alien acquired the status of an alien lawfully admitted for
permanent residence, or
(ii) the alien establishes to the satisfaction
of the Attorney General by clear and convincing evidence that the prior
marriage (on the basis of which the alien obtained the status of an alien
lawfully admitted for permanent residence) was not entered into for the
purpose of evading any provision of the immigration laws.
In this subparagraph, the term "spousal
second preference petition" refers to a petition, seeking preference status
under section 203(a)(2), for an alien as a spouse of an alien lawfully
admitted for permanent residence.
(B) Subparagraph (A) shall not apply to
a petition filed for the classification of the spouse of an alien if the
prior marriage of the alien was terminated by the death of his or her spouse.
(b) After an investigation
of the facts in each case, and after consultation with the Secretary of
Labor with respect to petitions to accord a status under section 203(b)(2)
or 203(b)(3), the Attorney General shall,
if he determines that the facts stated in the petition are true and that
the alien in behalf of whom the petition is made is an immediate relative
specified in section 201(b) or is eligible for preference under subsection
(a) or (b) of section 203, approve the petition and forward one copy thereof
to the Department of State. The Secretary of State shall then authorize
the consular officer concerned to grant the preference status.
(c) Notwithstanding
the provisions of subsection (b) no petition shall be approved if (1) the
alien has previously been accorded, or has sought to be accorded, an immediate
relative or preference status as the spouse of a citizen of the United
States or the spouse of an alien lawfully admitted for permanent residence,
by reason of a marriage determined by the Attorney General to have been
entered into for the purpose of evading the immigration laws or (2) the
Attorney General has determined that the alien has attempted or conspired
to enter into a marriage for the purpose of evading the immigration laws.
(d) Notwithstanding
the provisions of subsections (a) and (b) no petition may be approved on
behalf of a child defined in section 101(b)(1)(F)
unless a valid home-study has been favorably recommended by an agency
of the State of the child's proposed residence, or by an agency authorized
by that State to conduct such a study, or, in the case of a child adopted
abroad, by an appropriate public or private adoption agency which is licensed
in the United States.
(e) Nothing in this section shall be construed
to entitle an immigrant, in behalf of whom a petition under this section
is approved, to be admitted the United States as an immigrant under subsection
(a), (b), or (c) of section 203 or as an immediate relative under section
201(b) if upon his arrival at a port of entry in the United States he is
found not to be entitled to such classification.
(f)(1) Any alien claiming to be an alien
described in paragraph (2)(A) of this subsection (or any person on behalf
of such an alien) may file a petition with the Attorney General for classification
under section 201(b), 203(a)(1), or 203(a)(3), as appropriate. After
an investigation of the facts of each case the Attorney General shall,
if the conditions described in paragraph (2) are met, approve the petition
and forward one copy to the Secretary of State.
(2) The Attorney General may approve a petition
for an alien under paragraph (1) if-
(A) he has reason to believe that the alien
(i) was born in Korea, Vietnam, Laos, Kampuchea, or Thailand after 1950
and before the date of the enactment of this subsection, and (ii) was fathered
by a United States citizen;
(B) he has received an acceptable guarantee
of legal custody and financial responsibility described in paragraph (4);
and
(C) in the case of an alien under eighteen
years of age, (i) the alien's placement with a sponsor in the United States
has been arranged by an appropriate public, private, or State child welfare
agency licensed in the United States and actively involved in the intercountry
placement of children and (ii) the alien's mother or guardian has in writing
irrevocably released the alien for emigration.
(3) In considering petitions filed under
paragraph (1), the Attorney General shall-
(A) consult with appropriate governmental
officials and officials of private voluntary organizations in the country
of the alien's birth in order to make the determinations described in subparagraphs
(A) and (C)(ii) of paragraph (2); and
(B) consider the physical appearance of
the alien and any evidence provided by the petitioner, including birth
and baptismal certificates, local civil records, photographs of, and letters
or proof of financial support from, a putative father who is a citizen
of the United States, and the testimony of witnesses, to the extent it
is relevant or probative.
(4)(A) A guarantee of legal custody and
financial responsibility for an alien described in paragraph (2) must-
(i) be signed in the presence of an immigration
officer or consular officer by an individual (hereinafter in this paragraph
referred to as the "sponsor") who is twenty- one years of age or older,
is of good moral character, and is a citizen of the United States or alien
lawfully admitted for permanent residence, and
(ii) provide that the sponsor agrees
(I) in the case of an alien under eighteen
years of age, to assume legal custody for the alien after the alien's departure
to the United States and until the alien becomes eighteen years of age,
in accordance with the laws of the State where the alien and the sponsor
will reside, and
(II) to furnish, during the five- year period
beginning on the date of the alien's acquiring the status of an alien lawfully
admitted for permanent residence, or during the period beginning on the
date of the alien's acquiring the status of an alien lawfully admitted
for permanent residence and ending on the date on which the alien becomes
twenty-one years of age, whichever period is longer, such financial support
as is necessary to maintain the family in the United States of which the
alien is a member at a level equal to at least 125 per centum of the current
official poverty line (as established by the Director of the Office of
Management and Budget, under section 673(2) of the Omnibus Budget Reconciliation
Act of 1981 and as revised by the Secretary of Health and Human Services
under the second and third sentences of such section) for a family of the
same size as the size of the alien's family.
(B) A guarantee of legal custody and financial
responsibility described in subparagraph (A) may be enforced with respect
to an alien against his sponsor in a civil suit brought by the Attorney
General in the United States district court for the district in which the
sponsor resides, except that a sponsor or his estate shall not be liable
under such a guarantee if the sponsor dies or is adjudicated a bankrupt
under title 11, United States Code.
(g) Notwithstanding
subsection (a), except as provided in section 245(e)(3), a petition
may not be approved to grant an alien immediate relative status or preference
status by reason of a marriage which was entered into during the period
described in section 245(e)(2), until the alien has resided outside
the United States for a 2-year period beginning after the date of the marriage.
(h) The legal termination
of a marriage may not be the sole basis for revocation under section 205
of a petition filed under subsection (a)(1)(B)(ii) pursuant to conditions
described in subsection (a)(1)(A)(iii)(I).
(i)1/ PROFESSIONAL
ATHLETES. -
(1) In General.- A petition under subsection
(a)(4)(D) for classification of a professional athlete shall remain valid
for the athlete after the athlete changes employers, if the new employer
is a team in the same sport as the team which was the employer who filed
the petition.
(2) Definition. - For purposes of paragraph
(1), the term "professional athlete" means an individual who is employed
as an athlete by -
(A) a team that is a member of an association
of 6 or more professional sports teams whose total combined revenues exceed
$10,000,000 per year, if the association governs the conduct of its members
and regulates the contests and exhibitions in which its member teams regularly
engage; or
(B) any minor league team that is affiliated
with such an association.
FOOTNOTES FOR SECTION 204
INA: ACT 204 FN1
FN 1
Added by § 624(b) of IIRIRA.
INA:
ACT 205 - REVOCATION OR APPROVAL OF PETITIONS
Sec. 205. [8 U.S.C. 1155] The Attorney General
may, at any time, for what he deems to be good and sufficient cause, revoke
the approval of any petition approved by him under section 204.
Such revocation shall be effective as of the date of approval of any such
petition. In no case, however, shall such revocation have effect unless
there is mailed to the petitioner's last known address a notice of the
revocation and unless notice of the revocation is communicated through
the Secretary of State to the beneficiary of the petition before such beneficiary
commences his journey to the United States. If notice of revocation is
not so given, and the beneficiary applies for admission to the United States,
his admissibility shall be determined in the manner provided for by sections
235 and 240.
INA:
ACT 206 - UNUSED IMMIGRANT VISAS
Sec. 206. [8 U.S.C. 1156] If an immigrant
having an immigrant visa is denied admission to the United States and removed,
or does not apply for admission before the expiration of the validity of
his visa, or if an alien having an immigrant visa issued to him as a preference
immigrant is found not to be a preference immigrant, an immigrant visa
or a preference immigrant visa, as the case may be, may be issued in lieu
thereof to another qualified alien.