Laws: Cases and Codes : U.S. Code : Title 8
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U.S. Code as of:
01/03/05
Chapter 12 - Notes
SUBCHAPTER I - GENERAL PROVISIONS
Sec.
1101. Definitions.
1102. Diplomatic and semidiplomatic immunities.
1103. Powers and duties of the Secretary, the Under
Secretary, and the Attorney General.
(a) Secretary of Homeland Security.
(b) Land acquisition authority.
(c) Commissioner; appointment.
(d) Statistical information system.
(e) Annual report.
(f) Minimum number of agents in States.
(g) Attorney General.
(h) Office of Special Investigations.
1104. Powers and duties of Secretary of State.
(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.
1105. Liaison with internal security officers; data
exchange.
(a) In general.
(b) Access to National Crime Information Center
files.
(c) Reconsideration upon development of more cost
effective means of sharing information.
(d) Regulations.
1105a, 1106. Repealed.
SUBCHAPTER II - IMMIGRATION
PART I - SELECTION SYSTEM
1151. Worldwide level of immigration.
(a) In general.
(b) Aliens not subject to direct numerical
limitations.
(c) Worldwide level of family-sponsored immigrants.
(d) Worldwide level of employment-based immigrants.
(e) Worldwide level of diversity immigrants.
(f) Rules for determining whether certain aliens
are immediate relatives.
1151a. Repealed.
1152. Numerical limitations on individual foreign states.
(a) Per country level.
(b) Rules for chargeability.
(c) Chargeability for dependent areas.
(d) Changes in territory.
(e) Special rules for countries at ceiling.
1153. Allocation of immigrant visas.
(a) Preference allocation for family-sponsored
immigrants.
(b) Preference allocation for employment-based
immigrants.
(c) Diversity immigrants.
(d) Treatment of family members.
(e) Order of consideration.
(f) Authorization for issuance.
(g) Lists.
(h) Rules for determining whether certain aliens
are children.
1154. Procedure for granting immigrant status.
(a) Petitioning procedure.
(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) Restriction on petitions based on marriages
entered while in exclusion or deportation
proceedings.
(h) Survival of rights to petition.
(i) Professional athletes.
(j) Job flexibility for long delayed applicants for
adjustment of status to permanent residence.
(k) Procedures for unmarried sons and daughters of
citizens.
1155. Revocation of approval of petitions; effective date.
1156. Unused immigrant visas.
1157. Annual admission of refugees and admission of
emergency situation refugees.
(a) Maximum number of admissions; increases for
humanitarian concerns; allocations.
(b) Determinations by President respecting number
of admissions for humanitarian concerns.
(c) Admission by Attorney General of refugees;
criteria; admission status of spouse or child;
applicability of other statutory requirements;
termination of refugee status of alien, spouse
or child.
(d) Oversight reporting and consultation
requirements.
(e) "Appropriate consultation" defined.
(f) Training.
1158. Asylum.
(a) Authority to apply for asylum.
(b) Conditions for granting asylum.
(c) Asylum status.
(d) Asylum procedure.
1159. Adjustment of status of refugees.
(a) Criteria and procedures applicable for
admission as immigrant; effect of adjustment.
(b) Maximum number of adjustments; recordkeeping.
(c) Applicability of other Federal statutory
requirements.
1160. Special agricultural workers.
(a) Lawful residence.
(b) Applications for adjustment of status.
(c) Waiver of numerical limitations and certain
grounds for exclusion.
(d) Temporary stay of exclusion or deportation and
work authorization for certain applicants.
(e) Administrative and judicial review.
(f) Temporary disqualification of newly legalized
aliens from receiving aid to families with
dependent children.
(g) Treatment of special agricultural workers.
(h) "Seasonal agricultural services" defined.
1161. Repealed.
PART II - ADMISSION QUALIFICATIONS FOR ALIENS; TRAVEL CONTROL OF
CITIZENS AND ALIENS
1181. Admission of immigrants into the United States.
(a) Documents required; admission under quotas
before June 30, 1968.
(b) Readmission without required documents;
Attorney General's discretion.
(c) Nonapplicability to aliens admitted as
refugees.
1182. Inadmissible aliens.
(a) Classes of aliens ineligible for visas or
admission.
(b) Notices of denials.
(c) Repealed.
(d) Temporary admission of nonimmigrants.
(e) Educational visitor status; foreign residence
requirement; waiver.
(f) Suspension of entry or imposition of
restrictions by President.
(g) Bond and conditions for admission of alien
inadmissible on health-related grounds.
(h) Waiver of subsection (a)(2)(A)(i)(I), (II),
(B), (D), and (E).
(i) Admission of immigrant inadmissible for fraud
or willful misrepresentation of material fact.
(j) Limitation on immigration of foreign medical
graduates.
(k) Attorney General's discretion to admit
otherwise inadmissible aliens who possess
immigrant visas.
(l) Guam; waiver of requirements for nonimmigrant
visitors; conditions of waiver; acceptance of
funds from Guam.
(m) Requirements for admission of nonimmigrant
nurses.
(n) Labor condition application.
(o) Omitted.
(p) Computation of prevailing wage level.
(q) Academic honoraria.
(r) Exception for certain alien nurses.
(s) Consideration of benefits received as battered
alien in determination of inadmissibility as
likely to become public charge.
(t) Nonimmigrant professionals; labor attestations.
(t) Foreign residence requirement.
1182a to 1182c. Repealed.
1182d. Denial of visas to confiscators of American property.
(a) Denial of visas.
(b) Exceptions.
(c) Reporting requirement.
1182e. Denial of entry into United States of foreign
nationals engaged in establishment or enforcement of
forced abortion or sterilization policy.
(a) Denial of entry.
(b) Exceptions.
(c) Waiver.
1182f. Denial of entry into United States of Chinese and
other nationals engaged in coerced organ or bodily
tissue transplantation.
(a) Denial of entry.
(b) Exception.
(c) Waiver.
1183. Admission of aliens on giving bond or undertaking;
return upon permanent departure.
1183a. Requirements for sponsor's affidavit of support.
(a) Enforceability.
(b) Reimbursement of government expenses.
(c) Remedies.
(d) Notification of change of address.
(e) Jurisdiction.
(f) "Sponsor" defined.
(h) "Federal poverty line" defined.
(i) Sponsor's social security account number
required to be provided.
1184. Admission of nonimmigrants.
(a) Regulations.
(b) Presumption of status; written waiver.
(c) Petition of importing employer; involvement of
Departments of Labor and Agriculture.
(d) Issuance of visa to fiancee or fiance of
citizen.
(e) Nonimmigrant professionals and annual numerical
limit.
(f) Denial of crewmember status in case of certain
labor disputes.
(g) Temporary workers and trainees; limitation on
numbers.
(h) Intention to abandon foreign residence.
(i) "Specialty occupation" defined.
(j) Labor disputes.
(k) Numerical limitations; period of admission;
conditions for admission and stay; annual
report.
(l) Restrictions on waiver.
(m) Nonimmigrant elementary and secondary school
students.
(n) Increased portability of H-1B status.
(o) Nonimmigrants guilty of trafficking in persons.
(p) Requirements applicable to section
1101(a)(15)(U) visas.
(q) Employment of nonimmigrants described in
section 1101(a)(15)(V).
(r) Visas of nonimmigrants described in section
1101(a)(15)(K)(ii).
1184a. Philippine Traders as nonimmigrants.
1185. Travel control of citizens and aliens.
(a) Restrictions and prohibitions.
(b) Citizens.
(c) Definitions.
(d) Nonadmission of certain aliens.
(e) Revocation of proclamation as affecting
penalties.
(f) Permits to enter.
1186. Transferred.
1186a. Conditional permanent resident status for certain
alien spouses and sons and daughters.
(a) In general.
(b) Termination of status if finding that
qualifying marriage improper.
(c) Requirements of timely petition and interview
for removal of condition.
(d) Details of petition and interview.
(e) Treatment of period for purposes of
naturalization.
(f) Treatment of certain waivers.
(g) Definitions.
1186b. Conditional permanent resident status for certain
alien entrepreneurs, spouses, and children.
(a) In general.
(b) Termination of status if finding that
qualifying entrepreneurship improper.
(c) Requirements of timely petition and interview
for removal of condition.
(d) Details of petition and interview.
(e) Treatment of period for purposes of
naturalization.
(f) Definitions.
1187. Visa waiver program for certain visitors.
(a) Establishment of program.
(b) Waiver of rights.
(c) Designation of program countries.
(d) Authority.
(e) Carrier agreements.
(f) Duration and termination of designation.
(g) Visa application sole method to dispute denial
of waiver based on a ground of
inadmissibility.
(h) Use of information technology systems.
1188. Admission of temporary H-2A workers.
(a) Conditions for approval of H-2A petitions.
(b) Conditions for denial of labor certification.
(c) Special rules for consideration of
applications.
(d) Roles of agricultural associations.
(e) Expedited administrative appeals of certain
determinations.
(f) Violators disqualified for 5 years.
(g) Authorization of appropriations.
(h) Miscellaneous provisions.
(i) Definitions.
1189. Designation of foreign terrorist organizations.
(a) Designation.
(b) Amendments to a designation.
(c) Judicial review of designation.
(d) Definitions.
PART III - ISSUANCE OF ENTRY DOCUMENTS
1201. Issuance of visas.
(a) Immigrants; nonimmigrants.
(b) Registration; photographs; waiver of
requirement.
(c) Period of validity; requirement of visa.
(d) Physical examination.
(e) Surrender of visa.
(f) Surrender of documents.
(g) Nonissuance of visas or other documents.
(h) Nonadmission upon arrival.
(i) Revocation of visas or documents.
1201a. Repealed.
1202. Application for visas.
(a) Immigrant visas.
(b) Other documentary evidence for immigrant visa.
(c) Nonimmigrant visas; nonimmigrant registration;
form, manner and contents of application.
(d) Other documentary evidence for nonimmigrant
visa.
(e) Signing and verification of application.
(f) Confidential nature of records.
(g) Nonimmigrant visa void at conclusion of
authorized period of stay.
(h) In person interview with consular officer.
1203. Reentry permit.
(a) Application; contents.
(b) Issuance of permit; nonrenewability.
(c) Multiple reentries.
(d) Presented and surrendered.
(e) Permit in lieu of visa.
1204. Immediate relative and special immigrant visas.
1205. Repealed.
PART IV - INSPECTION, APPREHENSION, EXAMINATION, EXCLUSION, AND
REMOVAL
1221. Lists of alien and citizen passengers arriving and
departing.
(a) Arrival manifests.
(b) Departure manifests.
(c) Contents of manifest.
(d) Appropriate officials specified.
(e) Deadline for requirement of electronic
transmission of manifest information.
(f) Prohibition.
(g) Penalties against noncomplying shipments,
aircraft, or carriers.
(h) Waiver.
(i) United States border officer defined.
(j) Record of citizens and resident aliens leaving
permanently for foreign countries.
1222. Detention of aliens for physical and mental
examination.
(a) Detention of aliens.
(b) Physical and mental examination.
(c) Certification of certain helpless aliens.
1223. Entry through or from foreign territory and adjacent
islands.
(a) Necessity of transportation contract.
(b) Landing stations.
(c) Landing agreements.
(d) Definitions.
1224. Designation of ports of entry for aliens arriving by
aircraft.
1225. Inspection by immigration officers; expedited removal
of inadmissible arriving aliens; referral for
hearing.
(a) Inspection.
(b) Inspection of applicants for admission.
(c) Removal of aliens inadmissible on security and
related grounds.
(d) Authority relating to inspections.
1225a. Preinspection at foreign airports.
(a) Establishment of preinspection stations.
(b) Establishment of carrier consultant program and
immigration security initiative.
1226. Apprehension and detention of aliens.
(a) Arrest, detention, and release.
(b) Revocation of bond or parole.
(c) Detention of criminal aliens.
(d) Identification of criminal aliens.
(e) Judicial review.
1226a. Mandatory detention of suspected terrorists; habeas
corpus; judicial review.
(a) Detention of terrorist aliens.
(b) Habeas corpus and judicial review.
(c) Statutory construction.
1227. Deportable aliens.
(a) Classes of deportable aliens.
(b) Deportation of certain nonimmigrants.
(c) Waiver of grounds for deportation.
1228. Expedited removal of aliens convicted of committing
aggravated felonies.
(a) Removal of criminal aliens.
(b) Removal of aliens who are not permanent
residents.
(c) Presumption of deportability.
(c) Judicial removal.
1229. Initiation of removal proceedings.
(a) Notice to appear.
(b) Securing of counsel.
(c) Service by mail.
(d) Prompt initiation of removal.
1229a. Removal proceedings.
(a) Proceeding.
(b) Conduct of proceeding.
(c) Decision and burden of proof.
(d) Stipulated removal.
(e) Definitions.
1229b. Cancellation of removal; adjustment of status.
(a) Cancellation of removal for certain permanent
residents.
(b) Cancellation of removal and adjustment of
status for certain nonpermanent residents.
(c) Aliens ineligible for relief.
(d) Special rules relating to continuous residence
or physical presence.
(e) Annual limitation.
1229c. Voluntary departure.
(a) Certain conditions.
(b) At conclusion of proceedings.
(c) Aliens not eligible.
(d) Civil penalty for failure to depart.
(e) Additional conditions.
(f) Judicial review.
1230. Records of admission.
1231. Detention and removal of aliens ordered removed.
(a) Detention, release, and removal of aliens
ordered removed.
(b) Countries to which aliens may be removed.
(c) Removal of aliens arriving at port of entry.
(d) Requirements of persons providing
transportation.
(e) Payment of expenses of removal.
(f) Aliens requiring personal care during removal.
(g) Places of detention.
(h) Statutory construction.
(i) Incarceration.
PART V - ADJUSTMENT AND CHANGE OF STATUS
1251. Transferred.
1251a. Repealed.
1252. Judicial review of orders of removal.
(a) Applicable provisions.
(b) Requirements for review of orders of removal.
(c) Requirements for petition.
(d) Review of final orders.
(e) Judicial review of orders under section
1225(b)(1).
(f) Limit on injunctive relief.
(g) Exclusive jurisdiction.
1252a, 1252b. Transferred or Repealed.
1252c. Authorizing State and local law enforcement officials
to arrest and detain certain illegal aliens.
(a) In general.
(b) Cooperation.
1253. Penalties related to removal.
(a) Penalty for failure to depart.
(b) Willful failure to comply with terms of release
under supervision.
(c) Penalties relating to vessels and aircraft.
(d) Discontinuing granting visas to nationals of
country denying or delaying accepting alien.
1254. Repealed.
1254a. Temporary protected status.
(a) Granting of status.
(b) Designations.
(c) Aliens eligible for temporary protected status.
(d) Documentation.
(e) Relation of period of temporary protected
status to cancellation of removal.
(f) Benefits and status during period of temporary
protected status.
(g) Exclusive remedy.
(h) Limitation on consideration in Senate of
legislation adjusting status.
(i) Annual report and review.
1255. Adjustment of status of nonimmigrant to that of person
admitted for permanent residence.
(a) Status as person admitted for permanent
residence on application and eligibility for
immigrant visa.
(b) Record of lawful admission for permanent
residence; reduction of preference visas.
(c) Alien crewmen, aliens continuing or accepting
unauthorized employment, and aliens admitted
in transit without visa.
(d) Alien admitted for permanent residence on
conditional basis; fiancee or fiance of
citizen.
(e) Restriction on adjustment of status based on
marriages entered while in admissibility or
deportation proceedings; bona fide marriage
exception.
(f) Limitation on adjustment of status.
(g) Special immigrants.
(h) Application with respect to special immigrants.
(i) Adjustment in status of certain aliens
physically present in United States.
(j) Adjustment to permanent resident status.
(k) Inapplicability of certain provisions for
certain employment-based immigrants.
(l) Adjustment of status for victims of
trafficking.
(m) Adjustment of status for victims of crimes
against women.
1255a. Adjustment of status of certain entrants before
January 1, 1982, to that of person admitted for
lawful residence.
(a) Temporary resident status.
(b) Subsequent adjustment to permanent residence
and nature of temporary resident status.
(c) Applications for adjustment of status.
(d) Waiver of numerical limitations and certain
grounds for exclusion.
(e) Temporary stay of deportation and work
authorization for certain applicants.
(f) Administrative and judicial review.
(g) Implementation of section.
(h) Temporary disqualification of newly legalized
aliens from receiving certain public welfare
assistance.
(i) Dissemination of information on legalization
program.
1255b. Adjustment of status of certain nonimmigrants to that
of persons admitted for permanent residence.
(a) Application.
(b) Record of admission.
(c) Report to the Congress; resolution not favoring
adjustment of status; reduction of quota.
(d) Limitations.
1256. Rescission of adjustment of status; effect upon
naturalized citizen.
1257. Adjustment of status of certain resident aliens to
nonimmigrant status; exceptions.
1258. Change of nonimmigrant classification.
1259. Record of admission for permanent residence in the
case of certain aliens who entered the United States
prior to January 1, 1972.
1260. Removal of aliens falling into distress.
PART VI - SPECIAL PROVISIONS RELATING TO ALIEN CREWMEN
1281. Alien crewmen.
(a) Arrival; submission of list; exceptions.
(b) Reports of illegal landings.
(c) Departure; submission of list; exceptions.
(d) Violations.
(e) Regulations.
1282. Conditional permits to land temporarily.
(a) Period of time.
(b) Revocation; expenses of detention.
(c) Penalties.
1283. Hospital treatment of alien crewmen afflicted with
certain diseases.
1284. Control of alien crewmen.
(a) Penalties for failure.
(b) Prima facie evidence against transportation
line.
(c) Removal on other than arriving vessel or
aircraft; expenses.
1285. Employment on passenger vessels of aliens afflicted
with certain disabilities.
1286. Discharge of alien crewmen; penalties.
1287. Alien crewmen brought into the United States with
intent to evade immigration laws; penalties.
1288. Limitations on performance of longshore work by alien
crewmen.
(a) In general.
(b) "Longshore work" defined.
(c) Prevailing practice exception.
(d) State of Alaska exception.
(e) Reciprocity exception.
PART VII - REGISTRATION OF ALIENS
1301. Alien seeking entry; contents.
1302. Registration of aliens.
1303. Registration of special groups.
1304. Forms for registration and fingerprinting.
(a) Preparation; contents.
(b) Confidential nature.
(c) Information under oath.
(d) Certificate of alien registration or alien
receipt card.
(e) Personal possession of registration or receipt
card; penalties.
(f) Alien's social security account number.
1305. Notices of change of address.
(a) Notification of change.
(b) Current address of natives of any one or more
foreign states.
(c) Notice to parent or legal guardian.
1306. Penalties.
(a) Willful failure to register.
(b) Failure to notify change of address.
(c) Fraudulent statements.
(d) Counterfeiting.
PART VIII - GENERAL PENALTY PROVISIONS
1321. Prevention of unauthorized landing of aliens.
(a) Failure to report; penalties.
(b) Prima facie evidence.
(c) Liability of owners and operators of
international bridges and toll roads.
1322. Bringing in aliens subject to denial of admission on a
health-related ground; persons liable; clearance
papers; exceptions; "person" defined.
1323. Unlawful bringing of aliens into United States.
(a) Persons liable.
(b) Evidence.
(c) Remission or refund.
(d) Repealed.
(e) Reduction, refund, or waiver.
1324. Bringing in and harboring certain aliens.
(a) Criminal penalties.
(b) Seizure and forfeiture.
(c) Authority to arrest.
(d) Admissibility of videotaped witness testimony.
(e) Outreach program.
1324a. Unlawful employment of aliens.
(a) Making employment of unauthorized aliens
unlawful.
(b) Employment verification system.
(c) No authorization of national identification
cards.
(d) Evaluation and changes in employment
verification system.
(e) Compliance.
(f) Criminal penalties and injunctions for pattern
or practice violations.
(g) Prohibition of indemnity bonds.
(h) Miscellaneous provisions.
1324b. Unfair immigration-related employment practices.
(a) Prohibition of discrimination based on national
origin or citizenship status.
(b) Charges of violations.
(c) Special Counsel.
(d) Investigation of charges.
(e) Hearings.
(f) Testimony and authority of hearing officers.
(g) Determinations.
(h) Awarding of attorney's fees.
(i) Review of final orders.
(j) Court enforcement of administrative orders.
(k) Termination dates.
(l) Dissemination of information concerning
anti-discrimination provisions.
1324c. Penalties for document fraud.
(a) Activities prohibited.
(b) Exception.
(c) Construction.
(d) Enforcement.
(e) Criminal penalties for failure to disclose role
as document preparer.
(f) Falsely make.
1324d. Civil penalties for failure to depart.
(a) In general.
(b) Construction.
1325. Improper entry by alien.
(a) Improper time or place; avoidance of
examination or inspection; misrepresentation
and concealment of facts.
(b) Improper time or place; civil penalties.
(c) Marriage fraud.
(d) Immigration-related entrepreneurship fraud.
1326. Reentry of removed aliens.
(a) In general.
(b) Criminal penalties for reentry of certain
removed aliens.
(c) Reentry of alien deported prior to completion
of term of imprisonment.
(d) Limitation on collateral attack on underlying
deportation order.
1327. Aiding or assisting certain aliens to enter.
1328. Importation of alien for immoral purpose.
1329. Jurisdiction of district courts.
1330. Collection of penalties and expenses.
PART IX - MISCELLANEOUS
1351. Nonimmigrant visa fees.
1352. Printing of reentry permits and blank forms of
manifest and crew lists; sale to public.
1353. Travel expenses and expense of transporting remains of
officers and employees dying outside of United
States.
1353a. Officers and employees; overtime services; extra
compensation; length of working day.
1353b. Extra compensation; payment.
1353c. Immigration officials; service in foreign contiguous
territory.
1353d. Disposition of money received as extra compensation.
1354. Applicability to members of the Armed Forces.
1355. Disposal of privileges at immigrant stations; rentals;
retail sale; disposition of receipts.
1356. Disposition of moneys collected under the provisions
of this subchapter.
(a) Detention, transportation, hospitalization, and
all other expenses of detained aliens;
expenses of landing stations.
(b) Purchase of evidence.
(c) Fees and administrative fines and penalties;
exception.
(d) Schedule of fees.
(e) Limitations on fees.
(f) Collection.
(g) Provision of immigration inspection and
preinspection services.
(h) Disposition of receipts.
(i) Reimbursement.
(j) Regulations.
(k) Advisory committee.
(l) Report to Congress.
(m) Immigration Examinations Fee Account.
(n) Reimbursement of administrative expenses;
transfer of deposits to General Fund of United
States Treasury.
(o) Annual financial reports to Congress.
(p) Additional effective dates.
(q) Land Border Inspection Fee Account.
(r) Breached Bond/Detention Fund.
(s) H-1B Nonimmigrant Petitioner Account.
(t) Genealogy Fee.
(u) Premium fee for employment-based petitions and
applications.
(v) H-1B and L Fraud Prevention and Detection
Account.
1357. Powers of immigration officers and employees.
(a) Powers without warrant.
(b) Administration of oath; taking of evidence.
(c) Search without warrant.
(d) Detainer of aliens for violation of controlled
substances laws.
(e) Restriction on warrantless entry in case of
outdoor agricultural operations.
(f) Fingerprinting and photographing of certain
aliens.
(g) Performance of immigration officer functions by
State officers and employees.
1358. Local jurisdiction over immigrant stations.
1359. Application to American Indians born in Canada.
1360. Establishment of central file; information from other
departments and agencies.
(a) Establishment of central file.
(b) Information from other departments and
agencies.
(c) Reports on social security account numbers and
earnings of aliens not authorized to work.
(d) Certification of search of Service records.
1361. Burden of proof upon alien.
1362. Right to counsel.
1363. Deposit of and interest on cash received to secure
immigration bonds.
1363a. Undercover investigation authority.
(a) In general.
(b) Disposition of proceeds no longer required.
(c) Disposition of certain corporations and
business entities.
(d) Financial audits.
1363b. Repealed
1364. Triennial comprehensive report on immigration.
(a) Triennial report.
(b) Details in each report.
(c) History and projections.
(d) Recommendations.
1365. Reimbursement of States for costs of incarcerating
illegal aliens and certain Cuban nationals.
(a) Reimbursement of States.
(b) Illegal aliens convicted of a felony.
(c) Marielito Cubans convicted of a felony.
(d) Authorization of appropriations.
(e) "State" defined.
1365a. Integrated entry and exit data system.
(a) Requirement.
(b) Integrated entry and exit data system defined.
(c) Construction.
(d) Deadlines.
(e) Reports.
(f) Authority to provide access to system.
(g) Use of task force recommendations.
(h) Authorization of appropriations.
1365b. Biometric entry and exit data system.
(a) Finding.
(b) Definition.
(c) Plan and report.
(d) Collection of biometric exit data.
(e) Integration and interoperability.
(f) Maintaining accuracy and integrity of entry and
exit data system.
(g) Integrated biometric entry-exit screening
system.
(h) Entry-exit system goals.
(i) Dedicated specialists and front line personnel
training.
(j) Compliance status reports.
(k) Expediting registered travelers across
international borders.
(l) Authorization of appropriations.
1366. Annual report on criminal aliens.
1367. Penalties for disclosure of information.
(a) In general.
(b) Exceptions.
(c) Penalties for violations.
1368. Increase in INS detention facilities; report on
detention space.
(a) Increase in detention facilities.
(b) Report on detention space.
1369. Treatment of expenses subject to emergency medical
services exception.
(a) In general.
(b) Confirmation of immigration status required.
(c) Administration.
(d) "Emergency medical condition" defined.
(e) Effective date.
1370. Reimbursement of States and localities for emergency
ambulance services.
1371. Reports.
1372. Program to collect information relating to
nonimmigrant foreign students and other exchange
program participants.
(a) In general.
(b) Covered countries.
(c) Information to be collected.
(d) Participation by institutions of higher
education and exchange visitor programs.
(e) Funding.
(f) Joint report.
(g) Worldwide applicability of program.
(h) Definitions.
1373. Communication between government agencies and the
Immigration and Naturalization Service.
(a) In general.
(b) Additional authority of government entities.
(c) Obligation to respond to inquiries.
1374. Information regarding female genital mutilation.
(a) Provision of information regarding female
genital mutilation.
(b) Limitation.
(c) "Female genital mutilation" defined.
1375. Mail-order bride business.
(a) Findings.
(b) Information dissemination.
(c) Study.
(d) Report.
(e) Definitions.
1376. Data on nonimmigrant overstay rates.
(a) Collection of data.
(b) Annual report.
1377. Collection of data on detained asylum seekers.
(a) In general.
(b) Annual reports.
(c) Availability to public.
1378. Collection of data on other detained aliens.
(a) In general.
(b) Length of detention, transfers, and
dispositions.
(c) Criminal aliens.
(d) Annual reports.
(e) Availability to public.
1379. Technology standard to confirm identity.
1380. Maintenance of statistics by the Department of
Homeland Security.
(a) In general.
(b) Applicability.
1381. Secretary of Labor report.
SUBCHAPTER III - NATIONALITY AND NATURALIZATION
PART I - NATIONALITY AT BIRTH AND COLLECTIVE NATURALIZATION
1401. Nationals and citizens of United States at birth.
1401a. Birth abroad before 1952 to service parent.
1401b. Repealed.
1402. Persons born in Puerto Rico on or after April 11,
1899.
1403. Persons born in the Canal Zone or Republic of Panama
on or after February 26, 1904.
1404. Persons born in Alaska on or after March 30, 1867.
1405. Persons born in Hawaii.
1406. Persons living in and born in the Virgin Islands.
1407. Persons living in and born in Guam.
1408. Nationals but not citizens of the United States at
birth.
1409. Children born out of wedlock.
PART II - NATIONALITY THROUGH NATURALIZATION
1421. Naturalization authority.
(a) Authority in Attorney General.
(b) Court authority to administer oaths.
(c) Judicial review.
(d) Sole procedure.
1422. Eligibility for naturalization.
1423. Requirements as to understanding the English language,
history, principles and form of government of the
United States.
1424. Prohibition upon the naturalization of persons opposed
to government or law, or who favor totalitarian forms
of government.
1425. Ineligibility to naturalization of deserters from the
Armed Forces.
1426. Citizenship denied alien relieved of service in Armed
Forces because of alienage.
(a) Permanent ineligibility.
(b) Conclusiveness of records.
(c) Service in armed forces of foreign country.
1427. Requirements of naturalization.
(a) Residence.
(b) Absences.
(c) Physical presence.
(d) Moral character.
(e) Determination.
(f) Persons making extraordinary contributions to
national security.
1428. Temporary absence of persons performing religious
duties.
1429. Prerequisite to naturalization; burden of proof.
1430. Married persons and employees of certain nonprofit
organizations.
1431. Children born outside the United States and residing
permanently in the United States; conditions under
which citizenship automatically acquired.
1432. Repealed.
1433. Children born and residing outside the United States;
conditions for acquiring certificate of citizenship.
(a) Application by citizen parents; requirements.
(b) Attainment of citizenship status; receipt of
certificate.
(c) Adopted children.
1434. Repealed.
1435. Former citizens regaining citizenship.
(a) Requirements.
(b) Additional requirements.
(c) Oath of allegiance.
(d) Persons losing citizenship for failure to meet
physical presence retention requirement.
1436. Nationals but not citizens; residence within outlying
possessions.
1437. Resident Philippine citizens excepted from certain
requirements.
1438. Former citizens losing citizenship by entering armed
forces of foreign countries during World War II.
(a) Requirements; oath; certified copies of oath.
(b) Exceptions.
(c) Status.
(d) Span of World War II.
(e) Inapplicability to certain persons.
1439. Naturalization through service in the armed forces.
(a) Requirements.
(b) Exceptions.
(c) Periods when not in service.
(d) Residence requirements.
(e) Moral character.
(f) Revocation.
1440. Naturalization through active-duty service in the
Armed Forces during World War I, World War II, Korean
hostilities, Vietnam hostilities, or other periods of
military hostilities.
(a) Requirements.
(b) Exceptions.
(c) Revocation.
1440-1. Posthumous citizenship through death while on
active-duty service in armed forces during World War
I, World War II, the Korean hostilities, the Vietnam
hostilities, or in other periods of military
hostilities.
(a) Permitting granting of posthumous citizenship.
(b) Noncitizens eligible for posthumous
citizenship.
(c) Requests for posthumous citizenship.
(d) Documentation of posthumous citizenship.
1440a to 1440d. Omitted.
1440e. Exemption from naturalization fees for aliens
naturalized through service during Vietnam
hostilities or other subsequent period of military
hostilities; report by clerks of courts to Attorney
General.
1441. Constructive residence through service on certain
United States vessels.
1442. Alien enemies.
(a) Naturalization under specified conditions.
(b) Procedure.
(c) Exceptions from classification.
(d) Effect of cessation of hostilities.
(e) Apprehension and removal.
1443. Administration.
(a) Rules and regulations governing examination of
applicants.
(b) Instruction in citizenship.
(c) Prescription of forms.
(d) Administration of oaths and depositions.
(e) Issuance of certificate of naturalization or
citizenship.
(f) Copies of records.
(g) Furnished quarters for photographic studios.
(h) Public education regarding naturalization
benefits.
1443a. Naturalization proceedings overseas for members of the
Armed Forces.
1444. Photographs; number.
1445. Application for naturalization; declaration of
intention.
(a) Evidence and form.
(b) Who may file.
(c) Hearings.
(d) Filing of application.
(e) Substitute filing place and administering oath
other than before Attorney General.
(f) Declaration of intention.
1446. Investigation of applicants; examination of
applications.
(a) Waiver.
(b) Conduct of examinations; authority of
designees; record.
(c) Transmittal of record of examination.
(d) Determination to grant or deny application.
(e) Withdrawal of application.
(f) Transfer of application.
1447. Hearings on denials of applications for
naturalization.
(a) Request for hearing before immigration officer.
(b) Request for hearing before district court.
(c) Appearance of Attorney General.
(d) Subpena of witnesses.
(e) Change of name.
1448. Oath of renunciation and allegiance.
(a) Public ceremony.
(b) Hereditary titles or orders of nobility.
(c) Expedited judicial oath administration
ceremony.
(d) Rules and regulations.
1448a. Address to newly naturalized citizens.
1449. Certificate of naturalization; contents.
1450. Functions and duties of clerks and records of
declarations of intention and applications for
naturalization.
1451. Revocation of naturalization.
(a) Concealment of material evidence; refusal to
testify.
(b) Notice to party.
(c) Membership in certain organizations; prima
facie evidence.
(d) Applicability to citizenship through
naturalization of parent or spouse.
(e) Citizenship unlawfully procured.
(f) Cancellation of certificate of naturalization.
(g) Applicability to certificates of naturalization
and citizenship.
(h) Power to correct, reopen, alter, modify, or
vacate order.
1452. Certificates of citizenship or U.S. non-citizen
national status; procedure.
(a) Application to Attorney General for certificate
of citizenship; proof; oath of allegiance.
(b) Application to Secretary of State for
certificate of non-citizen national status;
proof; oath of allegiance.
1453. Cancellation of certificates issued by Attorney
General, the Commissioner or a Deputy Commissioner;
action not to affect citizenship status.
1454. Documents and copies issued by Attorney General.
1455. Fiscal provisions.
1456. Repealed.
1457. Publication and distribution of citizenship textbooks;
use of naturalization fees.
1458. Compilation of naturalization statistics and payment
for equipment.
1459. Repealed.
PART III - LOSS OF NATIONALITY
1481. Loss of nationality by native-born or naturalized
citizen; voluntary action; burden of proof;
presumptions.
1482. Repealed.
1483. Restrictions on loss of nationality.
1484 to 1487. Repealed.
1488. Nationality lost solely from performance of acts or
fulfillment of conditions.
1489. Application of treaties; exceptions.
PART IV - MISCELLANEOUS
1501. Certificate of diplomatic or consular officer of
United States as to loss of American nationality.
1502. Certificate of nationality issued by Secretary of
State for person not a naturalized citizen of United
States for use in proceedings of a foreign state.
1503. Denial of rights and privileges as national.
(a) Proceedings for declaration of United States
nationality.
(b) Application for certificate of identity;
appeal.
(c) Application for admission to United States
under certificate of identity; revision of
determination.
1504. Cancellation of United States passports and Consular
Reports of Birth.
SUBCHAPTER IV - REFUGEE ASSISTANCE
1521. Office of Refugee Resettlement; establishment;
appointment of Director; functions.
1522. Authorization for programs for domestic resettlement
of and assistance to refugees.
(a) Conditions and considerations.
(b) Program of initial resettlement.
(c) Project grants and contracts for services for
refugees.
(d) Assistance for refugee children.
(e) Cash assistance and medical assistance to
refugees.
(f) Assistance to States and counties for
incarceration of certain Cuban nationals;
priority for removal and return to Cuba.
1523. Congressional reports.
1524. Authorization of appropriations.
1525. Repealed.
SUBCHAPTER V - ALIEN TERRORIST REMOVAL PROCEDURES
1531. Definitions.
1532. Establishment of removal court.
(a) Designation of judges.
(b) Terms.
(c) Chief judge.
(d) Expeditious and confidential nature of
proceedings.
(e) Establishment of panel of special attorneys.
1533. Removal court procedure.
(a) Application.
(b) Right to dismiss.
(c) Consideration of application.
(d) Exclusive provisions.
1534. Removal hearing.
(a) In general.
(b) Notice.
(c) Rights in hearing.
(d) Subpoenas.
(e) Discovery.
(f) Arguments.
(g) Burden of proof.
(h) Rules of evidence.
(i) Determination of deportation.
(j) Written order.
(k) No right to ancillary relief.
(l) Report on terrorist removal proceedings.
1535. Appeals.
(a) Appeal of denial of application for removal
proceedings.
(b) Appeal of determination regarding summary of
classified information.
(c) Appeal of decision in hearing.
(d) Certiorari.
(e) Appeal of detention order.
1536. Custody and release pending removal hearing.
(a) Upon filing application.
(b) Conditional release if order denied and review
sought.
1537. Custody and release after removal hearing.
(a) Release.
(b) Custody and removal.
(c) Continued detention pending trial.
(d) Application of certain provisions relating to
escape of prisoners.
(e) Rights of aliens in custody.
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