Laws: Cases and Codes : U.S. Code : Title 8 : Section 1101
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U.S. Code as of:
01/03/05
Section 1101 - Notes
SOURCE
(June 27, 1952, ch. 477, title I, Sec. 101, 66 Stat. 166; Pub. L.
85-316, Secs. 1, 2, Sept. 11, 1957, 71 Stat. 639; Pub. L. 85-508,
Sec. 22, July 7, 1958, 72 Stat. 351; Pub. L. 86-3, Sec. 20(a), Mar.
18, 1959, 73 Stat. 13; Pub. L. 87-256, Sec. 109(a), (b), Sept. 21,
1961, 75 Stat. 534; Pub. L. 87-301, Secs. 1, 2, 7, Sept. 26, 1961,
75 Stat. 650, 653; Pub. L. 89-236, Secs. 8, 24, Oct. 3, 1965, 79
Stat. 916, 922; Pub. L. 89-710, Nov. 2, 1966, 80 Stat. 1104; Pub.
L. 91-225, Sec. 1, Apr. 7, 1970, 84 Stat. 116; Pub. L. 94-155, Dec.
16, 1975, 89 Stat. 824; Pub. L. 94-484, title VI, Sec. 601(b), (e),
Oct. 12, 1976, 90 Stat. 2301, 2302; Pub. L. 94-571, Sec. 7(a), Oct.
20, 1976, 90 Stat. 2706; Pub. L. 94-484, title VI, Sec. 602(c),
Oct. 12, 1976, as added Pub. L. 95-83, title III, Sec. 307(q)(3),
Aug. 1, 1977, 91 Stat. 395; Pub. L. 95-105, title I, Sec.
109(b)(3), Aug. 17, 1977, 91 Stat. 847; Pub. L. 96-70, title III,
Sec. 3201(a), Sept. 27, 1979, 93 Stat. 496; Pub. L. 96-212, title
II, Sec. 201(a), Mar. 17, 1980, 94 Stat. 102; Pub. L. 97-116, Secs.
2, 5(d)(1), 18(a), Dec. 29, 1981, 95 Stat. 1611, 1614, 1619; Priv.
L. 98-47, Sec. 3, Oct. 30, 1984, 98 Stat. 3435; Pub. L. 99-505,
Sec. 1, Oct. 21, 1986, 100 Stat. 1806; Pub. L. 99-514, Sec. 2, Oct.
22, 1986, 100 Stat. 2095; Pub. L. 99-603, title III, Secs. 301(a),
312, 315(a), Nov. 6, 1986, 100 Stat. 3411, 3434, 3439; Pub. L.
99-653, Secs. 2, 3, Nov. 14, 1986, 100 Stat. 3655; Pub. L. 100-459,
title II, Sec. 210(a), Oct. 1, 1988, 102 Stat. 2203; Pub. L.
100-525, Secs. 2(o)(1), 8(b), 9(a), Oct. 24, 1988, 102 Stat. 2613,
2617, 2619; Pub. L. 100-690, title VII, Sec. 7342, Nov. 18, 1988,
102 Stat. 4469; Pub. L. 101-162, title VI, Sec. 611(a), Nov. 21,
1989, 103 Stat. 1038; Pub. L. 101-238, Sec. 3(a), Dec. 18, 1989,
103 Stat. 2100; Pub. L. 101-246, title I, Sec. 131(b), Feb. 16,
1990, 104 Stat. 31; Pub. L. 101-649, title I, Secs. 123, 151(a),
153(a), 162(f)(2)(A), title II, Secs. 203(c), 204(a), (c),
205(c)(1), (d), (e), 206(c), 207(a), 208, 209(a), title IV, Sec.
407(a)(2), title V, Secs. 501(a), 509(a), title VI, Sec. 603(a)(1),
Nov. 29, 1990, 104 Stat. 4995, 5004, 5005, 5012, 5018-5020, 5022,
5023, 5026, 5027, 5040, 5048, 5051, 5082; Pub. L. 102-110, Sec.
2(a), Oct. 1, 1991, 105 Stat. 555; Pub. L. 102-232, title II, Secs.
203(a), 205(a)-(c), 206(b), (c)(1), (d), 207(b), title III, Secs.
302(e)(8)(A), 303(a)(5)(A), (7)(A), (14), 305(m)(1), 306(a)(1),
309(b)(1), (4), Dec. 12, 1991, 105 Stat. 1737, 1740, 1741,
1746-1748, 1750, 1751, 1758; Pub. L. 103-236, title I, Sec.
162(h)(1), Apr. 30, 1994, 108 Stat. 407; Pub. L. 103-322, title
XIII, Sec. 130003(a), Sept. 13, 1994, 108 Stat. 2024; Pub. L.
103-337, div. C, title XXXVI, Sec. 3605, Oct. 5, 1994, 108 Stat.
3113; Pub. L. 103-416, title II, Secs. 201, 202, 214, 219(a),
222(a), Oct. 25, 1994, 108 Stat. 4310, 4311, 4314, 4316, 4320; Pub.
L. 104-51, Sec. 1, Nov. 15, 1995, 109 Stat. 467; Pub. L. 104-132,
title IV, Sec. 440(b), (e), Apr. 24, 1996, 110 Stat. 1277; Pub. L.
104-208, div. C, title I, Sec. 104(a), title III, Secs. 301(a),
308(d)(3)(A), (4)(A), (e)(3), (f)(1)(A), (B), 321(a), (b),
322(a)(1), (2)(A), 361(a), 371(a), title VI, Secs. 601(a)(1),
625(a)(2), 671(a)(3)(B), (b)(5), (e)(2), Sept. 30, 1996, 110 Stat.
3009-555, 3009-575, 3009-617, 3009-620, 3009-621, 3009-627 to
3009-629, 3009-644, 3009-645, 3009-689, 3009-700, 3009-721 to
3009-723; Pub. L. 105-54, Sec. 1(a), Oct. 6, 1997, 111 Stat. 1175;
Pub. L. 105-119, title I, Sec. 113, Nov. 26, 1997, 111 Stat. 2460;
Pub. L. 105-277, div. C, title IV, Sec. 421, div. G, title XXII,
Sec. 2222(e), Oct. 21, 1998, 112 Stat. 2681-657, 2681-819; Pub. L.
105-319, Sec. 2(b)(1), (e)(2), formerly (d)(2), Oct. 30, 1998, 112
Stat. 3014, 3015, renumbered Sec. 2(e)(2), Pub. L. 108-449, Sec.
1(a)(3)(A), Dec. 10, 2004, 118 Stat. 3470; Pub. L. 106-95, Sec.
2(a), (c), Nov. 12, 1999, 113 Stat. 1312, 1316; Pub. L. 106-139,
Sec. 1(a), (b)(1), Dec. 7, 1999, 113 Stat. 1696; Pub. L. 106-279,
title III, Sec. 302(a), (c), Oct. 6, 2000, 114 Stat. 838, 839; Pub.
L. 106-386, div. A, Sec. 107(e)(1), (4), div. B, title V, Secs.
1503(a), Sec. 1513(b), Oct. 28, 2000, 114 Stat. 1477, 1479, 1518,
1534; Pub. L. 106-395, title II, Sec. 201(a)(1), Oct. 30, 2000, 114
Stat. 1633; Pub. L. 106-409, Sec. 2(a), Nov. 1, 2000, 114 Stat.
1787; Pub. L. 106-536, Sec. 1(a), Nov. 22, 2000, 114 Stat. 2560;
Pub. L. 106-553, Sec. 1(a)(2) [title XI, Secs. 1102(a), 1103(a)],
Dec. 21, 2000, 114 Stat. 2762, 2762A-142, 2762A-144; Pub. L.
107-125, Sec. 2(b), Jan. 16, 2002, 115 Stat. 2403; Pub. L. 107-274,
Sec. 2(a), (b), Nov. 2, 2002, 116 Stat. 1923; Pub. L. 108-77, title
IV, Sec. 402(a)(1), Sept. 3, 2003, 117 Stat. 939; Pub. L. 108-99,
Sec. 1, Oct. 15, 2003, 117 Stat. 1176; Pub. L. 108-193, Secs.
4(b)(1), (5), 8(a)(1), Dec. 19, 2003, 117 Stat. 2878, 2879, 2886;
Pub. L. 108-449, Sec. 1(a)(2)(B), (b)(1), Dec. 10, 2004, 118 Stat.
3469, 3470; Pub. L. 108-458, title V, Sec. 5504, Dec. 17, 2004, 118
Stat. 3741.)
AMENDMENT OF SUBSECTION (A)(15)(H)(I)
For termination of amendment by section 107(c) of Pub. L. 108-77,
see Effective and Termination Dates of 2003 Amendment note below.
REFERENCES IN TEXT
This chapter, referred to in subsecs. (a), (b)(1)(E), (F), (4),
and (e)-(g), was in the original, "this Act", meaning act June 27,
1952, ch. 477, 66 Stat. 163, as amended, known as the Immigration
and Nationality Act, which is classified principally to this
chapter. For complete classification of this Act to the Code, see
Short Title note set out below and Tables.
The Headquarters Agreement with the United Nations (61 Stat.
758), referred to in subsec. (a)(15)(C), is set out as a note under
section 287 of Title 22, Foreign Relations and Intercourse.
Section 1184(l) of this title, referred to in subsec.
(a)(15)(F)(i), probably means the subsec. (l) of section 1184 which
relates to nonimmigrant elementary and secondary school students
and was added by Pub. L. 104-208, div. C, title VI, Sec. 625(a)(1),
Sept. 30, 1996, 110 Stat. 3009-699, and redesignated subsec.(m) of
section 1184 by Pub. L. 106-386, div. A, Sec. 107(e)(2)(A), Oct.
28, 2000, 114 Stat. 1478.
The International Organizations Immunities Act (59 Stat. 669),
referred to in subsec. (a)(15)(G)(i), is act Dec. 29, 1945, ch.
652, title I, 59 Stat. 669, as amended, which is classified
principally to subchapter XVIII (Sec. 288 et seq.) of chapter 7 of
Title 22, Foreign Relations and Intercourse. For complete
classification of this Act to the Code, see Short Title note set
out under section 288 of Title 22 and Tables.
Subsection (p) of section 1184 of this title, referred to in
subsec. (a)(15)(K), was redesignated as subsec. (r) of section 1184
by Pub. L. 108-193, Sec. 8(a)(3), Dec. 19, 2003, 117 Stat. 2886.
Section 2(a) of the Irish Peace Process Cultural and Training
Program Act of 1998, referred to in subsec. (a)(15)(Q)(ii)(I), is
section 2(a) of Pub. L. 105-319, which is set out in a note below.
Section 3(a) of the Selective Training and Service Act of 1940,
as amended (54 Stat. 885; 55 Stat. 844), referred to in subsec.
(a)(19), was classified to section 303 of Title 50, Appendix, War
and National Defense, and was omitted from the Code as obsolete.
The Selective Service Act of 1948, referred to in subsec.
(a)(19), was redesignated the Universal Military Training and
Service Act by act June 19, 1951, 65 Stat. 75, and then
redesignated the Military Selective Service Act of 1967 by act June
30, 1967, Pub. L. 90-40, 81 Stat. 100, and subsequently
redesignated the Military Selective Service Act by Pub. L. 92-129,
title I, Sec. 101(a)(1), Sept. 28, 1971, 85 Stat. 348.
The Immigration Technical Corrections Act of 1988, referred to in
subsec. (a)(27)(L)(iii), is Pub. L. 100-525, Oct. 24, 1988, 102
Stat. 2609, as amended. For complete classification of this Act to
the Code, see Short Title of 1988 Amendments note set out below and
Tables.
The Immigration and Nationality Technical Corrections Act of
1994, referred to in subsec. (a)(27)(L)(iii), is Pub. L. 103-416,
Oct. 25, 1994, 108 Stat. 4305, as amended. For complete
classification of this Act to the Code, see Short Title of 1994
Amendment note set out below and Tables.
The American Competitiveness and Workforce Improvement Act of
1998, referred to in subsec. (a)(27)(L)(iii), is Pub. L. 105-277,
div. C, title IV, Oct. 21, 1998, 112 Stat. 2681-641. For complete
classification of this Act to the Code, see Short Title of 1998
Amendment note set out below and Tables.
Section 1432 of this title, referred to in subsec. (c)(1), was
repealed by Pub. L. 106-395, title I, Sec. 103(a), Oct. 30, 2000,
114 Stat. 1632.
CODIFICATION
September 30, 1996, referred to in the concluding provisions of
subsec. (a)(43), was in the original "the date of enactment of this
paragraph", which was translated as meaning the date of enactment
of section 321(b) of Pub. L. 104-208, which inserted that language,
to reflect the probable intent of Congress.
AMENDMENTS
2004 - Subsec. (a)(15)(Q). Pub. L. 108-449, Sec. 1(b)(1),
substituted "Secretary of Homeland Security" for "Attorney General"
in two places, "citizen of the United Kingdom or the Republic of
Ireland, 21 to 35 years of age, unemployed for not less than 12
months, and having a residence for not less than 18 months" for "35
years of age or younger having a residence", and "24 months)" for
"36 months)".
Subsec. (f)(9). Pub. L. 108-458 added par. (9).
2003 - Subsec. (a)(15)(H)(i). Pub. L. 108-77, Secs. 107(c),
402(a)(1), temporarily substituted "1182(n)(1) of this title, or
(b1) who is entitled to enter the United States under and in
pursuance of the provisions of an agreement listed in section
1184(g)(8)(A) of this title, who is engaged in a specialty
occupation described in section 1184(i)(3) of this title, and with
respect to whom the Secretary of Labor determines and certifies to
the Secretary of Homeland Security and the Secretary of State that
the intending employer has filed with the Secretary of Labor an
attestation under section 1182(t)(1) of this title, or (c)" for
"1182(n)(1) of this title, or (c)". See Effective and Termination
Dates of 2003 Amendment note below.
Subsec. (a)(15)(T). Pub. L. 108-193, Sec. 8(a)(1)(A), (B),
substituted "1184(o) of this title," for "1184(n) of this title,"
and realigned margins.
Subsec. (a)(15)(T)(i)(III)(bb). Pub. L. 108-193, Sec. 4(b)(1)(A),
substituted "18 years of age," for "15 years of age,".
Subsec. (a)(15)(T)(ii)(I). Pub. L. 108-193, Sec. 4(b)(1)(B),
inserted "unmarried siblings under 18 years of age on the date on
which such alien applied for status under such clause," before "and
parents".
Subsec. (a)(15)(U). Pub. L. 108-193, Sec. 8(a)(1)(A), (C),
substituted "1184(p) of this title," for "1184(o) of this title,"
in cl. (i) and realigned margins.
Subsec. (a)(15)(V). Pub. L. 108-193, Sec. 8(a)(1)(D), substituted
"1184(q) of this title," for "1184(o) of this title," in
introductory provisions.
Subsec. (a)(27)(C)(ii)(II), (III). Pub. L. 108-99 substituted
"2008," for "2003,".
Subsec. (a)(43)(K)(iii). Pub. L. 108-193, Sec. 4(b)(5), amended
cl. (iii) generally. Prior to amendment, cl. (iii) read as follows:
"is described in section 1581, 1582, 1583, 1584, 1585, or 1588 of
title 18 (relating to peonage, slavery, and involuntary
servitude);".
2002 - Subsec. (a)(15)(F)(ii), (iii). Pub. L. 107-274, Sec. 2(a),
added cls. (ii) and (iii) and struck out former cl. (ii) which read
as follows: "and (ii) the alien spouse and minor children of any
such alien if accompanying him or following to join him;".
Subsec. (a)(15)(L). Pub. L. 107-125 inserted "subject to section
1184(c)(2) of this title," before "an alien who".
Subsec. (a)(15)(M)(ii), (iii). Pub. L. 107-274, Sec. 2(b), added
cls. (ii) and (iii) and struck out former cl. (ii) which read as
follows: "and (ii) the alien spouse and minor children of any such
alien if accompanying him or following to join him;".
2000 - Subsec. (a)(15)(K). Pub. L. 106-553, Sec. 1(a)(2) [title
XI, Sec. 1103(a)], amended subpar. (K) generally. Prior to
amendment, subpar. (K) read as follows: "an alien who is the
fiance&233;e or fiance&233; of a citizen of the United States and
who seeks to enter the United States solely to conclude a valid
marriage with the petitioner within ninety days after admission,
and the minor children of such fiance&233;e or fiance&233;
accompanying him or following to join him;".
Subsec. (a)(15)(T). Pub. L. 106-386, Sec. 107(e)(1), added
subpar. (T).
Subsec. (a)(15)(U). Pub. L. 106-386, Sec. 1513(b), added subpar.
(U).
Subsec. (a)(15)(V). Pub. L. 106-553, Sec. 1(a)(2) [title XI, Sec.
1102(a)], added subpar. (V).
Subsec. (a)(27)(C)(ii)(II), (III). Pub. L. 106-409 substituted
"2003," for "2000,".
Subsec. (a)(27)(M). Pub. L. 106-536 added subpar. (M).
Subsec. (a)(50). Pub. L. 106-386, Sec. 1503(a), added par. (50).
Subsec. (f). Pub. L. 106-395 inserted at end: "In the case of an
alien who makes a false statement or claim of citizenship, or who
registers to vote or votes in a Federal, State, or local election
(including an initiative, recall, or referendum) in violation of a
lawful restriction of such registration or voting to citizens, if
each natural parent of the alien (or, in the case of an adopted
alien, each adoptive parent of the alien) is or was a citizen
(whether by birth or naturalization), the alien permanently resided
in the United States prior to attaining the age of 16, and the
alien reasonably believed at the time of such statement, claim, or
violation that he or she was a citizen, no finding that the alien
is, or was, not of good moral character may be made based on it."
Subsec. (i). Pub. L. 106-386, Sec. 107(e)(4), added subsec. (i).
1999 - Subsec. (a)(15)(H)(i)(a). Pub. L. 106-95, Sec. 2(c),
struck out subcl. (a) which read as follows: "who is coming
temporarily to the United States to perform services as a
registered nurse, who meets the qualifications described in section
1182(m)(1) of this title, and with respect to whom the Secretary of
Labor determines and certifies to the Attorney General that an
unexpired attestation is on file and in effect under section
1182(m)(2) of this title for each facility (which facility shall
include the petitioner and each worksite, other than a private
household worksite, if the worksite is not the alien's employer or
controlled by the employer) for which the alien will perform the
services, or".
Subsec. (a)(15)(H)(i)(c). Pub. L. 106-95, Sec. 2(a), added subcl.
(c).
Subsec. (b)(1)(E). Pub. L. 106-139, Sec. 1(a)(1), designated
existing provisions as cl. (i) and added cl. (ii).
Subsec. (b)(1)(F). Pub. L. 106-139, Sec. 1(a)(2), designated
existing provisions as cl. (i), substituted "; or" for period at
end, and added cl. (ii).
Subsec. (c)(1). Pub. L. 106-139, Sec. 1(b)(1), substituted "16
years (except to the extent that the child is described in
subparagraph (E)(ii) or (F)(ii) of subsection (b)(1) of this
section)," for "sixteen years,".
1998 - Subsec. (a)(9). Pub. L. 105-277, Sec. 2222(e), inserted
"or employee" after "other officer" and "or, when used in
subchapter III of this chapter, for the purpose of adjudicating
nationality" before period at end.
Subsec. (a)(15)(N). Pub. L. 105-277, Sec. 421(b), inserted "(or
under analogous authority under paragraph (27)(L))" after
"(27)(I)(i)" in cl. (i) and after "(27)(I)" in cl. (ii).
Subsec. (a)(15)(Q). Pub. L. 105-319, Sec. 2(b)(1), designated
existing provisions as cl. (i) and added cl. (ii).
Subsec. (a)(27)(L). Pub. L. 105-277, Sec. 421(a), added subpar.
(L).
1997 - Subsec. (a)(27)(C)(ii)(II), (III). Pub. L. 105-54
substituted "2000" for "1997".
Subsec. (a)(27)(J). Pub. L. 105-119 amended subpar. (J)
generally. Prior to amendment, subpar. (J) read as follows: "an
immigrant (i) who has been declared dependent on a juvenile court
located in the United States or whom such a court has legally
committed to, or placed under the custody of, an agency or
department of a State and who has been deemed eligible by that
court for long-term foster care, and (ii) for whom it has been
determined in administrative or judicial proceedings that it would
not be in the alien's best interest to be returned to the alien's
or parent's previous country of nationality or country of last
habitual residence; except that no natural parent or prior adoptive
parent of any alien provided special immigrant status under this
subparagraph shall thereafter, by virtue of such parentage, be
accorded any right, privilege, or status under this chapter; or".
1996 - Subsec. (a)(6). Pub. L. 104-208, Sec. 104(a), inserted at
end "Such regulations shall provide that (A) each such document
include a biometric identifier (such as the fingerprint or
handprint of the alien) that is machine readable and (B) an alien
presenting a border crossing identification card is not permitted
to cross over the border into the United States unless the
biometric identifier contained on the card matches the appropriate
biometric characteristic of the alien."
Subsec. (a)(13). Pub. L. 104-208, Sec. 301(a), amended par. (13)
generally. Prior to amendment, par. (13) read as follows: "The term
'entry' means any coming of an alien into the United States, from a
foreign port or place or from an outlying possession, whether
voluntarily or otherwise, except that an alien having a lawful
permanent residence in the United States shall not be regarded as
making an entry into the United States for the purposes of the
immigration laws if the alien proves to the satisfaction of the
Attorney General that his departure to a foreign port or place or
to an outlying possession was not intended or reasonably to be
expected by him or his presence in a foreign port or place or in an
outlying possession was not voluntary: Provided, That no person
whose departure from the United States was occasioned by
deportation proceedings, extradition, or other legal process shall
be held to be entitled to such exception."
Subsec. (a)(15)(F)(i). Pub. L. 104-208, Sec. 625(a)(2), inserted
"consistent with section 1184(l) of this title" after "such a
course of study".
Subsec. (a)(15)(K). Pub. L. 104-208, Sec. 308(f)(1)(A),
substituted "admission" for "entry".
Subsec. (a)(15)(S). Pub. L. 104-208, Sec. 671(a)(3)(B),
substituted "section 1184(k)" for "section 1184(j)" in introductory
provisions.
Subsec. (a)(17). Pub. L. 104-208, Sec. 308(d)(4)(A), substituted
"expulsion, or removal" for "or expulsion".
Subsec. (a)(30). Pub. L. 104-208, Sec. 308(f)(1)(B), substituted
"admission" for "entry".
Subsec. (a)(42). Pub. L. 104-208, Sec. 601(a)(1), inserted at end
"For purposes of determinations under this chapter, a person who
has been forced to abort a pregnancy or to undergo involuntary
sterilization, or who has been persecuted for failure or refusal to
undergo such a procedure or for other resistance to a coercive
population control program, shall be deemed to have been persecuted
on account of political opinion, and a person who has a well
founded fear that he or she will be forced to undergo such a
procedure or subject to persecution for such failure, refusal, or
resistance shall be deemed to have a well founded fear of
persecution on account of political opinion."
Subsec. (a)(43). Pub. L. 104-208, Sec. 321(b), inserted at end of
concluding provisions "Notwithstanding any other provision of law
(including any effective date), the term applies regardless of
whether the conviction was entered before, on, or after September
30, 1996."
Subsec. (a)(43)(A). Pub. L. 104-208, Sec. 321(a)(1), inserted ",
rape, or sexual abuse of a minor" after "murder".
Subsec. (a)(43)(D). Pub. L. 104-208, Sec. 321(a)(2), substituted
"$10,000" for "$100,000".
Subsec. (a)(43)(F). Pub. L. 104-208, Sec. 322(a)(2)(A), struck
out "imposed (regardless of any suspension of imprisonment)" after
"term of imprisonment".
Pub. L. 104-208, Sec. 321(a)(3), substituted "at least one year"
for "is at least 5 years".
Subsec. (a)(43)(G). Pub. L. 104-208, Sec. 322(a)(2)(A), which
directed amendment of subpar. (G) by striking out "imposed
(regardless of any suspension of imprisonment)", was executed by
striking out "imposed (regardless of any suspension of such
imprisonment)" after "term of imprisonment" to reflect the probable
intent of Congress.
Pub. L. 104-208, Sec. 321(a)(3), substituted "at least one year"
for "is at least 5 years".
Subsec. (a)(43)(J). Pub. L. 104-208, Sec. 321(a)(4), substituted
"sentence of one year imprisonment" for "sentence of 5 years'
imprisonment".
Pub. L. 104-132, Sec. 440(e)(1), inserted ", or an offense
described in section 1084 (if it is a second or subsequent offense)
or 1955 of that title (relating to gambling offenses)," after
"corrupt organizations)".
Subsec. (a)(43)(K)(i). Pub. L. 104-132, Sec. 440(e)(2)(A), struck
out "or" at end.
Subsec. (a)(43)(K)(ii). Pub. L. 104-208, Sec. 671(b)(5), struck
out comma after "1588".
Pub. L. 104-208, Sec. 321(a)(5), inserted "if committed" before
"for commercial advantage".
Pub. L. 104-132, Sec. 440(e)(2)(C), added cl. (ii). Former cl.
(ii) redesignated (iii).
Subsec. (a)(43)(K)(iii). Pub. L. 104-132, Sec. 440(e)(2)(B),
redesignated cl. (ii) as (iii).
Subsec. (a)(43)(L)(iii). Pub. L. 104-208, Sec. 321(a)(6), added
cl. (iii).
Subsec. (a)(43)(M). Pub. L. 104-208, Sec. 321(a)(7), substituted
"$10,000" for "$200,000" in cls. (i) and (ii).
Subsec. (a)(43)(N). Pub. L. 104-208, Sec. 322(a)(2)(A), which
directed amendment of subpar. (N) by striking "imposed (regardless
of any suspension of imprisonment)", could not be executed because
that phrase did not appear subsequent to amendment by Pub. L.
104-208, Sec. 321(a)(8). See below.
Pub. L. 104-208, Sec. 321(a)(8), substituted ", except in the
case of a first offense for which the alien has affirmatively shown
that the alien committed the offense for the purpose of assisting,
abetting, or aiding only the alien's spouse, child, or parent (and
no other individual) to violate a provision of this chapter" for
"for which the term of imprisonment imposed (regardless of any
suspension of imprisonment) at least one year;".
Pub. L. 104-208, Sec. 321(a)(3), substituted "at least one year"
for "is at least 5 years".
Pub. L. 104-132, Sec. 440(e)(3), amended subpar. (N) generally.
Prior to amendment, subpar. (N) read as follows: "an offense
described in section 274(a)(1) of title 18, United States Code
(relating to alien smuggling) for the purpose of commercial
advantage;".
Subsec. (a)(43)(O). Pub. L. 104-132, Sec. 440(e)(7), added
subpar. (O).
Pub. L. 104-132, Sec. 440(e)(6), redesignated subpar. (O) as (P).
Pub. L. 104-132, Sec. 440(e)(4), amended subpar. (O) generally.
Prior to amendment subpar. (O) read as follows: "an offense
described in section 1546(a) of title 18 (relating to document
fraud) which constitutes trafficking in the documents described in
such section for which the term of imprisonment imposed (regardless
of any suspicion of such imprisonment) is at least 5 years;".
Subsec. (a)(43)(P). Pub. L. 104-208, Sec. 322(a)(2)(A), which
directed amendment of subpar. (P) by striking out "imposed
(regardless of any suspension of imprisonment)", was executed by
striking out "imposed (regardless of any suspension of such
imprisonment)" after "term of imprisonment" to reflect the probable
intent of Congress.
Pub. L. 104-208, Sec. 321(a)(9), substituted "12 months, except
in the case of a first offense for which the alien has
affirmatively shown that the alien committed the offense for the
purpose of assisting, abetting, or aiding only the alien's spouse,
child, or parent (and no other individual) to violate a provision
of this chapter" for "18 months".
Pub. L. 104-208, Sec. 321(a)(3), which directed amendment of
subpar. (P) by substituting "at least one year" for "is at least 5
years", could not be executed because "is at least 5 years" did not
appear subsequent to amendments by Pub. L. 104-132, Sec. 440(e)(4),
(6). See above.
Pub. L. 104-132, Sec. 440(e)(6), redesignated subpar. (O) as (P).
Former subpar. (P) redesignated (Q).
Pub. L. 104-132, Sec. 440(e)(5), substituted "5 years or more;"
for "15 years or more; and".
Subsec. (a)(43)(Q). Pub. L. 104-132, Sec. 440(e)(6), redesignated
subpar. (P) as (Q). Former subpar. (Q) redesignated (U).
Subsec. (a)(43)(R). Pub. L. 104-208, Sec. 321(a)(10), substituted
"for which the term of imprisonment is at least one year" for "for
which a sentence of 5 years' imprisonment or more may be imposed".
Pub. L. 104-132, Sec. 440(e)(8), added subpar. (R).
Subsec. (a)(43)(S). Pub. L. 104-208, Sec. 321(a)(11), substituted
"for which the term of imprisonment is at least one year" for "for
which a sentence of 5 years' imprisonment or more may be imposed".
Pub. L. 104-132, Sec. 440(e)(8), added subpar. (S).
Subsec. (a)(43)(T). Pub. L. 104-132, Sec. 440(e)(8), added
subpar. (T).
Subsec. (a)(43)(U). Pub. L. 104-132, Sec. 440(e)(6), redesignated
subpar. (Q) as (U).
Subsec. (a)(47). Pub. L. 104-132, Sec. 440(b), added par. (47).
Subsec. (a)(48). Pub. L. 104-208, Sec. 322(a)(1), added par.
(48).
Subsec. (a)(49). Pub. L. 104-208, Sec. 361(a), added par. (49).
Subsec. (b)(4). Pub. L. 104-208, Sec. 371(a), amended par. (4)
generally. Prior to amendment, par. (4) read as follows: "The term
'special inquiry officer' means any immigration officer who the
Attorney General deems specially qualified to conduct specified
classes of proceedings, in whole or in part, required by this
chapter to be conducted by or before a special inquiry officer and
who is designated and selected by the Attorney General,
individually or by regulation, to conduct such proceedings. Such
special inquiry officer shall be subject to such supervision and
shall perform such duties, not inconsistent with this chapter, as
the Attorney General shall prescribe."
Subsec. (c)(1). Pub. L. 104-208, Sec. 671(e)(2), substituted "and
1432" for ", 1432, and 1433".
Subsec. (f)(3). Pub. L. 104-208, Sec. 308(d)(3)(A), substituted
"inadmissible" for "excludable".
Subsec. (g). Pub. L. 104-208, Sec. 308(e)(3), substituted
"deported or removed" for "deported" in two places.
1995 - Subsec. (b)(1)(A). Pub. L. 104-51, Sec. 1(1)(A),
substituted "child born in wedlock" for "legitimate child".
Subsec. (b)(1)(D). Pub. L. 104-51, Sec. 1(1)(B), substituted "a
child born out of wedlock" for "an illegitimate child".
Subsec. (b)(2). Pub. L. 104-51, Sec. 1(2) substituted "a child
born out of wedlock" for "an illegitimate child".
1994 - Subsec. (a)(1). Pub. L. 103-236 substituted "official
designated by the Secretary of State pursuant to section 1104(b) of
this title" for "Assistant Secretary of State for Consular
Affairs".
Subsec. (a)(15)(S). Pub. L. 103-322 added subpar. (S).
Subsec. (a)(27)(C)(ii)(II), (III). Pub. L. 103-416, Sec. 214,
substituted "1997," for "1994,".
Subsec. (a)(27)(D). Pub. L. 103-416, Sec. 201, inserted "or of
the American Institute in Taiwan," after "Government abroad," and
"(or, in the case of the American Institute in Taiwan, the Director
thereof)" after "Service establishment".
Subsec. (a)(27)(F)(ii). Pub. L. 103-337 inserted "or continues to
be employed by the United States Government in an area of the
former Canal Zone" after "employment".
Subsec. (a)(27)(I)(iii)(II). Pub. L. 103-416, Sec. 202, added
subcl. (II) and struck out former subcl. (II) which read as
follows: "files a petition for status under this subparagraph
before January 1, 1993, and no later than six months after the date
of such retirement or six months after October 24, 1988, whichever
is later; or".
Subsec. (a)(27)(J)(i). Pub. L. 103-416, Sec. 219(a), substituted
"or whom such a court has legally committed to, or placed under the
custody of, an agency or department of a State and who has" for
"and has" before "been deemed".
Subsec. (a)(43). Pub. L. 103-416, Sec. 222(a), amended par. (43)
generally. Prior to amendment, par. (43) read as follows: "The term
'aggravated felony' means murder, any illicit trafficking in any
controlled substance (as defined in section 802 of title 21),
including any drug trafficking crime as defined in section
924(c)(2) of title 18, or any illicit trafficking in any firearms
or destructive devices as defined in section 921 of such title, any
offense described in section 1956 of title 18 (relating to
laundering of monetary instruments), or any crime of violence (as
defined in section 16 of title 18, not including a purely political
offense) for which the term of imprisonment imposed (regardless of
any suspension of such imprisonment) is at least 5 years, or any
attempt or conspiracy to commit any such act. Such term applies to
offenses described in the previous sentence whether in violation of
Federal or State law and also applies to offenses described in the
previous sentence in violation of foreign law for which the term of
imprisonment was completed within the previous 15 years."
1991 - Subsec. (a)(15)(D)(i). Pub. L. 102-232, Sec. 309(b)(1),
inserted a comma after "States)".
Subsec. (a)(15)(H)(i)(b). Pub. L. 102-232, Sec. 303(a)(7)(A),
struck out ", and had approved by," after "has filed with".
Pub. L. 102-232, Sec. 303(a)(5)(A), inserted "subject to section
1182(j)(2) of this title," after "or (b)".
Pub. L. 102-232, Sec. 207(b), inserted "or as a fashion model"
after "section 1184(i)(1) of this title" and "or, in the case of a
fashion model, is of distinguished merit and ability" after
"section 1184(i)(2) of this title".
Subsec. (a)(15)(O)(i). Pub. L. 102-232, Sec. 205(b), struck out
before semicolon at end ", but only if the Attorney General
determines that the alien's entry into the United States will
substantially benefit prospectively the United States".
Subsec. (a)(15)(O)(ii)(III)(b). Pub. L. 102-232, Sec. 205(c),
substituted "significant production (including pre- and
post-production work)" for "significant principal photography".
Subsec. (a)(15)(P)(i). Pub. L. 102-232, Sec. 203(a), amended cl.
(i) generally. Prior to amendment, cl. (i) read as follows:
"(I) performs as an athlete, individually or as part of a group
or team, at an internationally recognized level of performance, or
performs as part of an entertainment group that has been recognized
internationally as being outstanding in the discipline for a
sustained and substantial period of time and has had a sustained
and substantial relationship with that group over a period of at
least 1 year and provides functions integral to the performance of
the group, and
"(II) seeks to enter the United States temporarily and solely for
the purpose of performing as such an athlete or entertainer with
respect to a specific athletic competition or performance;".
Subsec. (a)(15)(P)(ii)(II). Pub. L. 102-232, Sec. 206(b), (c)(1),
inserted "or organizations" after "and an organization" and struck
out before semicolon at end ", between the United States and the
foreign states involved".
Subsec. (a)(15)(P)(iii)(II). Pub. L. 102-232, Sec. 206(d),
substituted "to perform, teach, or coach" for "for the purpose of
performing" and inserted "commercial or noncommercial" before
"program".
Subsec. (a)(15)(Q). Pub. L. 102-232, Sec. 303(a)(14), substituted
"approved" for "designated".
Subsec. (a)(24). Pub. L. 102-232, Sec. 305(m)(1), struck out par.
(24) which defined "naturalization court".
Subsec. (a)(27)(I)(ii)(II), (iii)(II). Pub. L. 102-232, Sec.
302(e)(8)(A), substituted "files a petition for status" for
"applies for a visa or adjustment of status".
Subsec. (a)(27)(K). Pub. L. 102-110 added subpar. (K).
Subsec. (a)(43). Pub. L. 102-232, Sec. 306(a)(1), struck out
comma before period at end of first sentence.
Subsec. (a)(46). Pub. L. 102-232, Sec. 205(a), added par. (46).
Subsec. (c)(1). Pub. L. 102-232, Sec. 309(b)(4), struck out
reference to section 1434.
1990 - Subsec. (a)(15)(D)(i). Pub. L. 101-649, Sec. 203(c),
substituted "a capacity" for "any capacity" and inserted ", as
defined in section 1288(a) of this title" after "on board a
vessel".
Subsec. (a)(15)(E)(i). Pub. L. 101-649, Sec. 204(a), inserted ",
including trade in services or trade in technology" after
"substantial trade".
Subsec. (a)(15)(H). Pub. L. 101-649, Sec. 205(e)(1), struck out
"having a residence in a foreign country which he has no intention
of abandoning" after "an alien".
Subsec. (a)(15)(H)(i)(a). Pub. L. 101-649, Sec. 162(f)(2)(A),
substituted "for each facility (which facility shall include the
petitioner and each worksite, other than a private household
worksite, if the worksite is not the alien's employer or controlled
by the employer) for which the alien will perform the services, or"
for "for the facility for which the alien will perform the
services, or".
Subsec. (a)(15)(H)(i)(b). Pub. L. 101-649, Sec. 205(c)(1),
substituted "who is coming temporarily to the United States to
perform services (other than services described in subclause (a)
during the period in which such subclause applies and other than
services described in subclause (ii)(a) or in subparagraph (O) or
(P)) in a specialty occupation described in section 1184(i)(1) of
this title, who meets the requirements for the occupation specified
in section 1184(i)(2) of this title, and with respect to whom the
Secretary of Labor determines and certifies to the Attorney General
that the intending employer has filed with, and had approved by,
the Secretary an application under section 1182(n)(1) of this
title" for "who is of distinguished merit and ability and who is
coming temporarily to the United States to perform services (other
than services as a registered nurse) of an exceptional nature
requiring such merit and ability, and who, in the case of a
graduate of a medical school coming to the United States to perform
services as a member of the medical profession, is coming pursuant
to an invitation from a public or nonprofit private educational or
research institution or agency in the United States to teach or
conduct research, or both, at or for such institution or agency".
Subsec. (a)(15)(H)(ii). Pub. L. 101-649, Sec. 205(e)(2), (3),
substituted "(a) having a residence in a foreign country which he
has no intention of abandoning who is coming temporarily to the
United States" for "who is coming temporarily to the United States
(a)", and in subcl. (b) inserted "having a residence in a foreign
country which he has no intention of abandoning who is coming
temporarily to the United States" after "(b)".
Subsec. (a)(15)(H)(iii). Pub. L. 101-649, Sec. 205(e)(4),
inserted "having a residence in a foreign country which he has no
intention of abandoning" after "(iii)".
Pub. L. 101-649, Sec. 205(d), inserted ", in a training program
that is not designed primarily to provide productive employment"
before semicolon at end.
Subsec. (a)(15)(L). Pub. L. 101-649, Sec. 206(c), substituted
"within 3 years preceding" for "immediately preceding".
Subsec. (a)(15)(O), (P). Pub. L. 101-649, Sec. 207(a), added
subpars. (O) and (P).
Subsec. (a)(15)(Q). Pub. L. 101-649, Sec. 208, added subpar. (Q).
Subsec. (a)(15)(R). Pub. L. 101-649, Sec. 209(a), added subpar.
(R).
Subsec. (a)(27)(C). Pub. L. 101-649, Sec. 151(a), amended subpar.
(C) generally. Prior to amendment, subpar. (C) read as follows:
"(i) an immigrant who continuously for at least two years
immediately preceding the time of his application for admission to
the United States has been, and who seeks to enter the United
States solely for the purpose of carrying on the vocation of
minister of a religious denomination, and whose services are needed
by such religious denomination having a bona fide organization in
the United States; and (ii) the spouse or the child of any such
immigrant, if accompanying or following to join him;".
Subsec. (a)(27)(J). Pub. L. 101-649, Sec. 153(a), added subpar.
(J).
Subsec. (a)(36). Pub. L. 101-649, Sec. 407(a)(2), struck out
"(except as used in section 1421(a) of this title)" after
"includes".
Subsec. (a)(43). Pub. L. 101-649, Sec. 501(a)(6), inserted "and
also applies to offenses described in the previous sentence in
violation of foreign law for which the term of imprisonment was
completed within the previous 15 years" after "Federal or State
law".
Pub. L. 101-649, Sec. 501(a)(5), inserted at end "Such term
applies to offenses described in the previous sentence whether in
violation of Federal or State law."
Pub. L. 101-649, Sec. 501(a)(4), struck out "committed within the
United States" after "to commit any such act,".
Pub. L. 101-649, Sec. 501(a)(3), inserted "any offense described
in section 1956 of title 18 (relating to laundering of monetary
instruments), or any crime of violence (as defined in section 16 of
title 18, not including a purely political offense) for which the
term of imprisonment imposed (regardless of any suspension of such
imprisonment) is at least 5 years," after "section 921 of such
title,".
Pub. L. 101-649, Sec. 501(a)(2), inserted "any illicit
trafficking in any controlled substance (as defined in section 802
of title 21), including" after "murder,".
Pub. L. 101-649, Sec. 501(a)(1), aligned margin of par. (43).
Subsec. (a)(44). Pub. L. 101-649, Sec. 123, added par. (44).
Subsec. (a)(45). Pub. L. 101-649, Sec. 204(c), added par. (45).
Subsec. (f)(3). Pub. L. 101-649, Sec. 603(a)(1)(A), substituted
"paragraphs (2)(D), (6)(E), and (9)(A)" for "paragraphs (11), (12),
and (31)".
Pub. L. 101-649, Sec. 603(a)(1)(B), substituted "subparagraphs
(A) and (B) of section 1182(a)(2) of this title and subparagraph
(C) thereof" for "paragraphs (9) and (10) of section 1182(a) of
this title and paragraph (23)".
Subsec. (f)(8). Pub. L. 101-649, Sec. 509(a), substituted "an
aggravated felony (as defined in subsection (a)(43) of this
section)" for "the crime of murder".
Subsec. (h). Pub. L. 101-649, Sec. 603(a)(1)(C), substituted
"1182(a)(2)(E) of this title" for "1182(a)(34) of this title".
Pub. L. 101-246 added subsec. (h).
1989 - Subsec. (a)(15)(H)(i). Pub. L. 101-238 added subcl. (a),
designated existing provisions as subcl. (b), and inserted "(other
than services as a registered nurse)" after "to perform services".
Subsec. (b)(2). Pub. L. 101-162 inserted before period at end ",
except that, for purposes of paragraph (1)(F) (other than the
second proviso therein) in the case of an illegitimate child
described in paragraph (1)(D) (and not described in paragraph
(1)(C)), the term 'parent' does not include the natural father of
the child if the father has disappeared or abandoned or deserted
the child or if the father has in writing irrevocably released the
child for emigration and adoption".
1988 - Subsec. (a)(15)(J). Pub. L. 100-525, Sec. 9(a)(1),
substituted "Director of the United States Information Agency" for
"Secretary of State".
Subsec. (a)(27)(I)(i)(II), (ii)(II), (iii)(II). Pub. L. 100-525,
Sec. 2(o)(1), substituted "October 24, 1988" for "November 6, 1986"
and "applies for a visa or adjustment of status" for "applies for
admission".
Subsec. (a)(38). Pub. L. 100-525, Sec. 9(a)(2), struck out "For
the purpose of issuing certificates of citizenship to persons who
are citizens of the United States, the term 'United States' as used
in section 1452 of this title includes the Canal Zone."
Subsec. (a)(43). Pub. L. 100-690 added par. (43).
Subsec. (b)(2). Pub. L. 100-459, temporarily inserted before
period at end ", except that, for purposes of paragraph (1)(F) in
the case of an illegitimate child described in paragraph (1)(D)
(and not described in paragraph (1)(C)), the term 'parent' does not
include the natural father of the child if the father has
disappeared or abandoned or deserted the child or if the father has
in writing irrevocably released the child for emigration and
adoption". See Effective and Termination Dates of 1988 Amendments
note below.
Subsec. (c)(1). Pub. L. 100-525, Sec. 8(b), repealed Pub. L.
99-653, Sec. 3. See 1986 Amendment note below.
Subsec. (d). Pub. L. 100-525, Sec. 9(a)(3), struck out subsec.
(d) defining "veteran", "Spanish-American War", "World War I",
"World War II", and "Korean hostilities" as those terms were used
in part III of subchapter III of this chapter.
1986 - Subsec. (a)(15)(D). Pub. L. 99-505 designated existing
provisions as cl. (i) and added cl. (ii).
Subsec. (a)(15)(H). Pub. L. 99-603, Sec. 301(a), designated
existing provisions of cl. (ii) as subcl. (b) and added subcl. (a)
relating to persons performing agricultural labor or services as
defined by the Secretary of Labor in regulations and including
agricultural labor as defined in section 3121(g) of title 26 and
agriculture as defined in section 203(f) of title 29 of a temporary
or seasonal nature.
Subsec. (a)(15)(H)(ii). Pub. L. 99-514 substituted "Internal
Revenue Code of 1986" for "Internal Revenue Code of 1954", which
for purposes of codification was translated as "title 26" thus
requiring no change in text.
Subsec. (a)(15)(N). Pub. L. 99-603, Sec. 312(b), added subpar.
(N).
Subsec. (a)(27)(I). Pub. L. 99-603, Sec. 312(a), added subpar.
(I).
Subsec. (b)(1)(D). Pub. L. 99-603, Sec. 315(a), inserted "or to
its natural father if the father has or had a bona fide
parent-child relationship with the person".
Subsec. (b)(1)(E). Pub. L. 99-653, Sec. 2, struck out
"thereafter" after "the child has".
Subsec. (c)(1). Pub. L. 99-653, Sec. 3, which struck out par. (1)
defining "child", was repealed by Pub. L. 100-525, Sec. 8(b), and
such par. (1) was revived as of Nov. 14, 1986, see Repeal and
Revival note below.
1984 - Subsec. (a)(9). Priv. L. 98-47 struck out provisions which
directed that in Canal Zone and outlying possessions of the United
States "consular officer" meant an officer designated by the
Governor of the Canal Zone, or the governors of the outlying
possessions for purposes of issuing immigrant or nonimmigrant visas
under this chapter.
1981 - Subsec. (a)(15)(F). Pub. L. 97-116, Secs. 2(a)(1),
18(a)(1), substituted in cl. (i) "college, university, seminary,
conservatory, academic high school, elementary school, or other
academic institution or in a language training program" for
"institution of learning or other recognized place of study", and
"Secretary of Education" for "Office of Education of the United
States".
Subsec. (a)(15)(H), (J), (K), (L). Pub. L. 97-116, Sec. 18(a)(2),
substituted a semicolon for a period at end of subpars. (H), (J),
(K), and (L) and inserted "or" at end of subpar. (L).
Subsec. (a)(15)(M). Pub. L. 97-116, Sec. 2(a)(2), added subpar.
(M).
Subsec. (a)(27)(H). Pub. L. 97-116, Sec. 5(d)(1), added subpar.
(H).
Subsec. (a)(33). Pub. L. 97-116, Sec. 18(a)(3), struck out
provision that residence be considered continuous for the purposes
of sections 1482 and 1484 of this title where there is a continuity
of stay but not necessarily an uninterrupted physical presence in a
foreign state or states or outside the United States.
Subsec. (b)(1)(A), (B). Pub. L. 97-116, Sec. 18(a)(5)(A), struck
out "or" at the end.
Subsec. (b)(1)(C). Pub. L. 97-116, Sec. 18(a)(5)(B), substituted
a semicolon for the period at end.
Subsec. (b)(1)(E). Pub. L. 97-116, Secs. 2(b), 18(a)(5)(C),
substituted "sixteen" for "fourteen", and "; or" for the period at
the end.
Subsec. (b)(1)(F). Pub. L. 97-116, Sec. 2(b), substituted
"sixteen" for "fourteen".
Subsec. (f). Pub. L. 97-116, Sec. 2(c), struck out par. (2) which
provided that a person not be considered a person of good moral
character if within the period for which good moral character is
required to be established the person commits adultery, and
substituted in par. (3) "paragraphs (9) and (10) of section 1182(a)
of this title and paragraph (23) of such section (except as such
paragraph relates to a single offense of simple possession of 30
grams or less of marihuana)" for "paragraphs (9), (10), and (23) of
section 1182(a) of this title".
1980 - Subsec. (a)(42). Pub. L. 96-212 added par. (42).
1979 - Subsec. (a)(27)(E) to (G). Pub. L. 96-70 added subpars.
(E) to (G).
1977 - Subsec. (a)(1). Pub. L. 95-105 substituted "Assistant
Secretary of State for Consular Affairs" for "administrator of the
Bureau of Security and Consular Affairs of the Department of
State".
Subsec. (a)(41). Pub. L. 95-83 inserted "a" after "graduates of"
and ", other than such aliens who are of national or international
renown in the field of medicine" after "in a foreign state".
1976 - Subsec. (a)(15)(H)(i). Pub. L. 94-484, Sec. 601(b)(1),
inserted ", and who, in the case of a graduate of a medical school
coming to the United States to perform services as a member of the
medical profession, is coming pursuant to an invitation from a
public or nonprofit private educational or research institution or
agency in the United States to teach or conduct research, or both,
at or for such institution or agency".
Subsec. (a)(15)(H)(ii). Pub. L. 94-484, Sec. 601(b)(2), inserted
", but this clause shall not apply to graduates of medical schools
coming to the United States to perform services as members of the
medical profession".
Subsec. (a)(15)(H)(iii). Pub. L. 94-484, Sec. 601(b)(3), inserted
", other than to receive graduate medical education or training".
Subsec. (a)(15)(J). Pub. L. 94-484, Sec. 601(b)(4), inserted "and
who, if he is coming to the United States to participate in a
program under which he will receive graduate medical education or
training, also meets the requirements of section 1182(j) of this
title".
Subsec. (a)(27). Pub. L. 94-571 struck out subpar. (A) provision
defining term "special immigrant" to include an immigrant born in
any independent foreign country of the Western Hemisphere or in the
Canal Zone and the spouse and children of any such immigrant, if
accompanying, or following to join him and restricting issuance of
an immigrant visa until consular officer was in receipt of a
determination made by the Secretary of Labor pursuant to former
provisions of section 1182(a)(14) of this title; and redesignated
as subpars. (A) to (D) former subpars. (B) to (E).
Subsec. (a)(41). Pub. L. 94-484, Sec. 601(e), added par. (41).
1975 - Subsec. (b)(1)(F). Pub. L. 94-155 provided for adoption of
alien children under the age of fourteen by unmarried United States
citizens who are at least twenty-five years of age and inserted
requirement that before adoption the Attorney General be satisfied
that proper care will be provided the child after admission.
1970 - Subsec. (a)(15)(H). Pub. L. 91-225, Sec. 1(a), provided
for nonimmigrant alien status for alien spouse and minor children
of any alien specified in par. (H) if accompanying him or following
to join him and struck out "temporary", "other", and "industrial"
before "services", "temporary services", and "trainee" in cls. (i)
to (iii), respectively.
Subsec. (a)(15)(K), (L). Pub. L. 91-225, Sec. 1(b), added
subpars. (K) and (L).
1966 - Subsec. (a)(38). Pub. L. 89-710 inserted sentence
providing that term "United States" as used in section 1452 of this
title, for the purpose of issuing certificates of citizenship to
persons who are citizens of the United States, shall include the
Canal Zone.
1965 - Subsec. (a)(27). Pub. L. 89-236, Sec. 8(a), substituted
"special immigrant" for "nonquota immigrant" as term being defined.
Subsec. (a)(32). Pub. L. 89-236, Sec. 8(b), substituted term
"profession" and its definition for term "quota immigrant" and its
definition.
Subsec. (b)(1)(F). Pub. L. 89-236, Sec. 8(c), expanded definition
to include a child, under the age of 14 at the time a petition is
filed in his behalf to accord a classification as an immediate
relative or who is an orphan because of the death or disappearance
of, abandonment or desertion by, or separation or loss from, both
parents, or for whom the sole or surviving parent is incapable of
providing the proper care which will be provided the child if
admitted to the United States and who has in writing irrevocably
released the child for emigration and adoption, and made minor
amendments in the existing definition.
Subsec. (b)(6). Pub. L. 89-236, Sec. 24, struck out par. (6)
which defined term "eligible orphan".
1961 - Subsec. (a)(15). Pub. L. 87-256 included the alien spouse
and minor children of any such alien if accompanying him or
following to join him in subpar. (F), and added subpar. (J).
Subsec. (b)(1)(F). Pub. L. 87-301, Sec. 2, added subpar. (F).
Subsec. (b)(6). Pub. L. 87-301, Sec. 1, added par. (6).
Subsec. (d)(1). Pub. L. 87-301, Sec. 7(a), inserted "or from June
25, 1950, to July 1, 1955,".
Subsec. (d)(2). Pub. L. 87-301, Sec. 7(b), inserted definition of
"Korean hostilities".
1959 - Subsec. (a)(36). Pub. L. 86-3 struck out reference to
Hawaii.
1958 - Subsec. (a)(36). Pub. L. 85-508 struck out reference to
Alaska.
1957 - Subsec. (b)(1). Pub. L. 85-316 inserted "whether or not
born out of wedlock" in subpar. (B), and added subpars. (D) and
(E).
TRANSFER OF FUNCTIONS
United States Information Agency (other than Broadcasting Board
of Governors and International Broadcasting Bureau) abolished and
functions transferred to Secretary of State, see sections 6531 and
6532 of Title 22, Foreign Relations and Intercourse.
ADMISSION OF ALASKA AS STATE
Effectiveness of amendment of this section by Pub. L. 85-508 as
dependent on admission of State of Alaska into the Union, see
section 8(b) of Pub. L. 85-508, set out as a note preceding section
21 of Title 48, Territories and Insular Possessions.
EX. ORD. NO. 12711. POLICY IMPLEMENTATION WITH RESPECT TO NATIONALS
OF PEOPLE'S REPUBLIC OF CHINA
Ex. Ord. No. 12711, Apr. 11, 1990, 55 F.R. 13897, provided:
By the authority vested in me as President by the Constitution
and laws of the United States of America, the Attorney General and
the Secretary of State are hereby ordered to exercise their
authority, including that under the Immigration and Nationality Act
(8 U.S.C. 1101-1557), as follows:
Section 1. The Attorney General is directed to take any steps
necessary to defer until January 1, 1994, the enforced departure of
all nationals of the People's Republic of China (PRC) and their
dependents who were in the United States on or after June 5, 1989,
up to and including the date of this order (hereinafter "such PRC
nationals").
Sec. 2. The Secretary of State and the Attorney General are
directed to take all steps necessary with respect to such PRC
nationals (a) to waive through January 1, 1994, the requirement of
a valid passport and (b) to process and provide necessary
documents, both within the United States and at U.S. consulates
overseas, to facilitate travel across the borders of other nations
and reentry into the United States in the same status such PRC
nationals had upon departure.
Sec. 3. The Secretary of State and the Attorney General are
directed to provide the following protections:
(a) irrevocable waiver of the 2-year home country residence
requirement that may be exercised until January 1, 1994, for such
PRC nationals;
(b) maintenance of lawful status for purposes of adjustment of
status or change of nonimmigrant status for such PRC nationals who
were in lawful status at any time on or after June 5, 1989, up to
and including the date of this order;
(c) authorization for employment of such PRC nationals through
January 1, 1994; and
(d) notice of expiration of nonimmigrant status (if applicable)
rather than the institution of deportation proceedings, and
explanation of options available for such PRC nationals eligible
for deferral of enforced departure whose nonimmigrant status has
expired.
Sec. 4. The Secretary of State and the Attorney General are
directed to provide for enhanced consideration under the
immigration laws for individuals from any country who express a
fear of persecution upon return to their country related to that
country's policy of forced abortion or coerced sterilization, as
implemented by the Attorney General's regulation effective January
29, 1990.
Sec. 5. The Attorney General is directed to ensure that the
Immigration and Naturalization Service finalizes and makes public
its position on the issue of training for individuals in F-1 visa
status and on the issue of reinstatement into lawful nonimmigrant
status of such PRC nationals who have withdrawn their applications
for asylum.
Sec. 6. The Departments of Justice and State are directed to
consider other steps to assist such PRC nationals in their efforts
to utilize the protections that I have extended pursuant to this
order.
Sec. 7. This order shall be effective immediately.
George Bush.
COMPREHENSIVE BORDER CONTROL STRATEGY
DEFINITIONS
Section 1(c) of div. C of Pub. L. 104-208 provided that: "Except
as otherwise specifically provided in this division [see Tables for
classification], for purposes of titles I [enacting section 1225a
of this title and section 758 of Title 18, Crimes and Criminal
Procedure, amending this section and sections 1103, 1182, 1251,
1325, 1356, and 1357 of this title, and enacting provisions set out
as notes under this section, sections 1103, 1182, 1221, 1325, and
1356 of this title, and section 758 of Title 18] and VI [enacting
sections 1363b and 1372 to 1375 of this title and section 116 of
Title 18, amending this section, sections 1105a, 1151, 1152, 1154,
1157, 1158, 1160, 1182, 1184, 1187, 1189, 1201, 1202, 1251, 1252a,
1255 to 1255b, 1258, 1288, 1483, 1323, 1324, 1324b, 1356, and 1522
of this title, section 112 of Title 32, National Guard, and section
191 of Title 50, War and National Defense, enacting provisions set
out as notes under this section, sections 1153, 1158, 1161, 1182,
1187, 1189, 1202, 1255, 1433, and 1448 of this title, section 301
of Title 5, Government Organization and Employees, section 116 of
Title 18, and section 405 of Title 42, The Public Health and
Welfare, and amending provisions set out as notes under sections
1159, 1182, 1252, 1255a, 1323, 1401, and 1430 of this title] of
this division, the terms 'alien', 'Attorney General', 'border
crossing identification card', 'entry', 'immigrant', 'immigrant
visa', 'lawfully admitted for permanent residence', 'national',
'naturalization', 'refugee', 'State', and 'United States' shall
have the meaning given such terms in section 101(a) of the
Immigration and Nationality Act [8 U.S.C. 1101(a)]."
Section 594 of title V of div. C of Pub. L. 104-208 provided
that: "Except as otherwise provided in this title [see Effective
Date of 1996 Amendment note above], for purposes of this title -
"(1) the terms 'alien', 'Attorney General', 'national',
'naturalization', 'State', and 'United States' shall have the
meaning given such terms in section 101(a) of the Immigration and
Nationality Act [8 U.S.C. 1101(a)]; and
"(2) the term 'child' shall have the meaning given such term in
section 101(c) of the Immigration and Nationality Act."
Section 14 of Pub. L. 85-316 provided that: "Except as otherwise
specifically provided in this Act, the definitions contained in
subsections (a) and (b) of section 101 of the Immigration and
Nationality Act [8 U.S.C. 1101(a), (b)] shall apply to sections 4,
5, 6, 7, 8, 9, 12, 13, and 15 of this Act [enacting sections 1182b,
1182c, 1201a, 1205, 1251a, 1255a, and 1255b of this title and
provisions set out as notes under section 1153 of this title and
section 1971a of the Appendix to Title 50, War and National
Defense.]"
Many of the terms listed in this section are similarly defined in
section 782 of Title 50, War and National Defense.
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