Prospective Amendment
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
References in Text
This chapter, referred to in subsecs. (a), (b) (except par. (1)(G)(ii)), (c), and (e)–(g), was in the original, “this Act”, meaning [act June 27, 1952, ch. 477], [66 Stat. 163], known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out below and Tables.
The Headquarters Agreement with the United Nations ([61 Stat. 758]), referred to in subsec. (a)(15)(C), is set out as a note under [section 287 of Title 22], Foreign Relations and Intercourse.
Section 1184(l) of this title, referred to in subsec. (a)(15)(F)(i), probably means the subsec. (l) of section 1184 which relates to nonimmigrant elementary and secondary school students and was added by [Pub. L. 104–208, div. C, title VI, § 625(a)(1)], Sept. 30, 1996, [110 Stat. 3009–699], and redesignated subsec. (m) of section 1184 by [Pub. L. 106–386, div. A, § 107(e)(2)(A)], Oct. 28, 2000, [114 Stat. 1478].
The International Organizations Immunities Act ([59 Stat. 669]), referred to in subsec. (a)(15)(G)(i), is [act Dec. 29, 1945, ch. 652], title I, [59 Stat. 669], which is classified principally to subchapter XVIII (§ 288 et seq.) of chapter 7 of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under [section 288 of Title 22] and Tables.
Subsection (p) of [section 1184 of this title], referred to in subsec. (a)(15)(K), was redesignated as subsec. (r) of section 1184 by [Pub. L. 108–193, § 8(a)(3)], Dec. 19, 2003, [117 Stat. 2886].
Section 3(a) of the Selective Training and Service Act of 1940, as amended ([54 Stat. 885]; [55 Stat. 844]), referred to in subsec. (a)(19), was classified to [section 303 of Title 50], Appendix, War and National Defense, and was omitted from the Code as obsolete.
The Selective Service Act of 1948, referred to in subsec. (a)(19), was redesignated the Universal Military Training and Service Act by act June 19, 1951, [65 Stat. 75], and then redesignated the Military Selective Service Act of 1967 by act June 30, 1967, [Pub. L. 90–40], [81 Stat. 100], and subsequently redesignated the Military Selective Service Act by [Pub. L. 92–129, title I, § 101(a)(1)], Sept. 28, 1971, [85 Stat. 348].
The Immigration Technical Corrections Act of 1988, referred to in subsec. (a)(27)(L)(iii), is [Pub. L. 100–525], Oct. 24, 1988, [102 Stat. 2609]. For complete classification of this Act to the Code, see Short Title of 1988 Amendments note set out below and Tables.
The Immigration and Nationality Technical Corrections Act of 1994, referred to in subsec. (a)(27)(L)(iii), is [Pub. L. 103–416], Oct. 25, 1994, [108 Stat. 4305]. For complete classification of this Act to the Code, see Short Title of 1994 Amendment note set out below and Tables.
The American Competitiveness and Workforce Improvement Act of 1998, referred to in subsec. (a)(27)(L)(iii), is [Pub. L. 105–277, div. C, title IV], Oct. 21, 1998, [112 Stat. 2681–641]. For complete classification of this Act to the Code, see Short Title of 1998 Amendment note set out below and Tables.
Section 902(d)(1)(B) of the Haitian Refugee Immigration Fairness Act of 1998, referred to in subsec. (a)(51)(E), is [Pub. L. 105–277, div. A, § 101(h)] [title IX, § 902(d)(1)(B)], which is set out as a note under [section 1255 of this title].
Section 202(d)(1) of the Nicaraguan Adjustment and Central American Relief Act, referred to in subsec. (a)(51)(F), is [section 202(d)(1) of Pub. L. 105–100], which is set out as a note under [section 1255 of this title].
Section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, referred to in subsec. (a)(51)(G), is [section 309 of div. C of Pub. L. 104–208], which is set out as a note under this section.
[Section 1432 of this title], referred to in subsec. (c)(1), was repealed by [Pub. L. 106–395, title I, § 103(a)], Oct. 30, 2000, [114 Stat. 1632].
Codification
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
Amendments
2014—Subsec. (b)(1)(F)(i). [Pub. L. 113–76] substituted “who is at least 25 years of age, at least 1 of whom personally saw and observed the child before or during the adoption proceedings;” for “at least twenty-five years of age, who personally saw and observed the child prior to or during the adoption proceedings;”.
2013—Subsec. (a)(15)(T)(ii)(III). [Pub. L. 113–4, § 1221], inserted “, or any adult or minor children of a derivative beneficiary of the alien, as” after “18 years of age”.
Subsec. (a)(15)(U)(iii). [Pub. L. 113–4], §§ 801, 1222, inserted “stalking;” after “sexual exploitation;” and “fraud in foreign labor contracting (as defined in [section 1351 of title 18]);” after “perjury;”.
2012—Subsec. (a)(27)(C)(ii)(II), (III). [Pub. L. 112–176] substituted “September 30, 2015” for “September 30, 2012”.
2010—Subsec. (a)(15)(F)(i). [Pub. L. 111–306, § 1(a)(1)], substituted “an accredited language” for “a language”.
Subsec. (a)(52). [Pub. L. 111–306, § 1(a)(2)], added par. (52).
Subsec. (b)(1)(G). [Pub. L. 111–287] amended subpar. (G) generally. Prior to amendment, subpar. (G) provided that the term “child” includes a child who is migrating from certain foreign states to the United States to be adopted if the Attorney General is satisfied that certain criteria are met.
2009—Subsec. (a)(27)(C)(ii)(II), (III). [Pub. L. 111–83] substituted “September 30, 2012,” for “September 30, 2009,”.
[Pub. L. 111–9] substituted “September 30, 2009,” for “March 6, 2009,”.
2008—Subsec. (a)(15)(D)(ii). [Pub. L. 110–229, § 702(j)(1)], inserted “or the Commonwealth of the Northern Mariana Islands” after “Guam” in two places.
Subsec. (a)(15)(T)(i). [Pub. L. 110–457, § 201(a)(1)(A)], substituted “Security, in consultation with the Attorney General,” for “Security and the Attorney General jointly;” in introductory provisions.
Subsec. (a)(15)(T)(i)(I). [Pub. L. 110–457, § 201(a)(1)(B)], substituted semicolon for comma at end.
Subsec. (a)(15)(T)(i)(II). [Pub. L. 110–457, § 201(a)(1)(C)], inserted at end “including physical presence on account of the alien having been allowed entry into the United States for participation in investigative or judicial processes associated with an act or a perpetrator of trafficking;”.
Subsec. (a)(15)(T)(i)(III)(bb). [Pub. L. 110–457, § 201(a)(1)(D)(i)], (iii), added item (bb). Former item (bb) redesignated (cc).
Subsec. (a)(15)(T)(i)(III)(cc). [Pub. L. 110–457, § 201(a)(1)(D)(ii)], (iv), redesignated item (bb) as (cc) and substituted “; and” for “, and”.
Subsec. (a)(15)(T)(ii)(III). [Pub. L. 110–457, § 201(a)(2)], added subcl. (III).
Subsec. (a)(15)(T)(iii). [Pub. L. 110–457, § 201(a)(1)(E)], (3), struck out cl. (iii) which read as follows: “if the Secretary of Homeland Security, in his or her discretion and with the consultation of the Attorney General, determines that a trafficking victim, due to psychological or physical trauma, is unable to cooperate with a request for assistance described in clause (i)(III)(aa), the request is unreasonable.”
Subsec. (a)(27)(C)(ii)(II), (III). [Pub. L. 110–391] substituted “March 6, 2009,” for “October 1, 2008,”.
Subsec. (a)(27)(J)(i). [Pub. L. 110–457, § 235(d)(1)(A)], substituted “State, or an individual or entity appointed by a State or juvenile court located in the United States, and whose reunification with 1 or both of the immigrant’s parents is not viable due to abuse, neglect, abandonment, or a similar basis found under State law;” for “State and who has been deemed eligible by that court for long-term foster care due to abuse, neglect, or abandonment;”.
Subsec. (a)(27)(J)(iii). [Pub. L. 110–457, § 235(d)(1)(B)(i)], substituted “the Secretary of Homeland Security consents to the grant of special immigrant juvenile status,” for “the Attorney General expressly consents to the dependency order serving as a precondition to the grant of special immigrant juvenile status;” in introductory provisions.
Subsec. (a)(27)(J)(iii)(I). [Pub. L. 110–457, § 235(d)(1)(B)(ii)], substituted “in the custody of the Secretary of Health and Human Services unless the Secretary of Health and Human Services specifically consents to such jurisdiction;” for “in the actual or constructive custody of the Attorney General unless the Attorney General specifically consents to such jurisdiction;”.
Subsec. (a)(36), (38). [Pub. L. 110–229, § 702(j)(2)], (3), substituted “the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands” for “and the Virgin Islands of the United States”.
2006—Subsec. (a)(15)(K)(i), (ii). [Pub. L. 109–248], which directed insertion of “(other than a citizen described in [section 1154(a)(1)(A)(viii)(I) of this title])” after “citizen of the United States” each place appearing in section 101(a)(15)(K), without specifying the Act to be amended, was executed to subsec. (a)(15)(K) of this section, which is section 101 of the Immigration and Nationality Act, to reflect the probable intent of Congress.
Subsec. (a)(15)(T)(i). [Pub. L. 109–162, § 801(a)(1)(A)], substituted “Secretary of Homeland Security, or in the case of subclause (III)(aa) the Secretary of Homeland Security and the Attorney General jointly;” for “Attorney General”.
Subsec. (a)(15)(T)(i)(III)(aa). [Pub. L. 109–162, § 801(a)(1)(B)(i)], inserted “Federal, State, or local” before “investigation”.
[Pub. L. 109–162, § 801(a)(1)(B)(ii)], which directed substitution of “or the investigation of crime where acts of trafficking are at least one central reason for the commission of that crime; or” for “, or”, was executed by making the substitution for “, or” the second time appearing to reflect the probable intent of Congress.
Subsec. (a)(15)(T)(i)(IV). [Pub. L. 109–162, § 801(a)(1)(C)], struck out “and” at end.
Subsec. (a)(15)(T)(ii). [Pub. L. 109–162, § 801(a)(2)], amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: “if the Attorney General considers it necessary to avoid extreme hardship—
“(I) in the case of an alien described in clause (i) who is under 21 years of age, the spouse, children, unmarried siblings under 18 years of age on the date on which such alien applied for status under such clause, and parents of such alien; and
“(II) in the case of an alien described in clause (i) who is 21 years of age or older, the spouse and children of such alien,
if accompanying, or following to join, the alien described in clause (i);”.
Subsec. (a)(15)(T)(iii). [Pub. L. 109–162, § 801(a)(3)], added cl. (iii).
Subsec. (a)(15)(U)(i). [Pub. L. 109–162, § 801(b)(1)], substituted “Secretary of Homeland Security” for “Attorney General”.
Subsec. (a)(15)(U)(ii). [Pub. L. 109–162, § 801(b)(2)], amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: “if the Attorney General considers it necessary to avoid extreme hardship to the spouse, the child, or, in the case of an alien child, the parent of the alien described in clause (i), the Attorney General may also grant status under this paragraph based upon certification of a government official listed in clause (i)(III) that an investigation or prosecution would be harmed without the assistance of the spouse, the child, or, in the case of an alien child, the parent of the alien; and”.
Subsec. (a)(51). [Pub. L. 109–162, § 811], added par. (51).
Subsec. (b)(1)(E)(i). [Pub. L. 109–162, § 805(d)], inserted before colon “or if the child has been battered or subject to extreme cruelty by the adopting parent or by a family member of the adopting parent residing in the same household”.
Subsec. (f)(3). [Pub. L. 109–162, § 822(c)(1)], substituted “(10)(A)” for “(9)(A)”.
Subsec. (i)(1). [Pub. L. 109–162, § 801(c)(1)], substituted “Secretary of Homeland Security, the Attorney General,” for “Attorney General”.
Subsec. (i)(2). [Pub. L. 109–162, § 801(c)(2)], substituted “Secretary of Homeland Security” for “Attorney General”.
2005—Subsec. (a)(15)(E)(iii). [Pub. L. 109–13] added cl. (iii).
Subsec. (a)(15)(H)(ii)(a). [Pub. L. 109–90] substituted “, agriculture as defined in [section 203(f) of title 29], and the pressing of apples for cider on a farm,” for “and agriculture as defined in [section 203(f) of title 29],” and made technical amendment to reference in original act which appears in text as reference to [section 3121(g) of title 26].
2004—Subsec. (a)(15)(Q). [Pub. L. 108–449, § 1(b)(1)], substituted “Secretary of Homeland Security” for “Attorney General” in two places, “citizen of the United Kingdom or the Republic of Ireland, 21 to 35 years of age, unemployed for not less than 12 months, and having a residence for not less than 18 months” for “35 years of age or younger having a residence”, and “24 months)” for “36 months)”.
[Pub. L. 108–449, § 1(a)(2)(B)], amended [Pub. L. 105–319, § 2(d)(2)]. See 1998 Amendment note below.
Subsec. (f)(9). [Pub. L. 108–458] added par. (9).
2003—Subsec. (a)(15)(H)(i). [Pub. L. 108–77], §§ 107(c), 402(a)(1), temporarily substituted “1182(n)(1) of this title, or (b1) who is entitled to enter the United States under and in pursuance of the provisions of an agreement listed in [section 1184(g)(8)(A) of this title], who is engaged in a specialty occupation described in [section 1184(i)(3) of this title], and with respect to whom the Secretary of Labor determines and certifies to the Secretary of Homeland Security and the Secretary of State that the intending employer has filed with the Secretary of Labor an attestation under [section 1182(t)(1) of this title], or (c)” for “1182(n)(1) of this title, or (c)”. See Effective and Termination Dates of 2003 Amendment note below.
Subsec. (a)(15)(T). [Pub. L. 108–193, § 8(a)(1)(A)], (B), substituted “1184(o) of this title,” for “1184(n) of this title,” and realigned margins.
Subsec. (a)(15)(T)(i)(III)(bb). [Pub. L. 108–193, § 4(b)(1)(A)], substituted “18 years of age,” for “15 years of age,”.
Subsec. (a)(15)(T)(ii)(I). [Pub. L. 108–193, § 4(b)(1)(B)], inserted “unmarried siblings under 18 years of age on the date on which such alien applied for status under such clause,” before “and parents”.
Subsec. (a)(15)(U). [Pub. L. 108–193, § 8(a)(1)(A)], (C), substituted “1184(p) of this title,” for “1184(o) of this title,” in cl. (i) and realigned margins.
Subsec. (a)(15)(V). [Pub. L. 108–193, § 8(a)(1)(D)], substituted “1184(q) of this title,” for “1184(o) of this title,” in introductory provisions.
Subsec. (a)(27)(C)(ii)(II), (III). [Pub. L. 108–99] substituted “2008,” for “2003,”.
Subsec. (a)(43)(K)(iii). [Pub. L. 108–193, § 4(b)(5)], amended cl. (iii) generally. Prior to amendment, cl. (iii) read as follows: “is described in section 1581, 1582, 1583, 1584, 1585, or 1588 of title 18 (relating to peonage, slavery, and involuntary servitude);”.
2002—Subsec. (a)(15)(F)(ii), (iii). [Pub. L. 107–274, § 2(a)], added cls. (ii) and (iii) and struck out former cl. (ii) which read as follows: “and (ii) the alien spouse and minor children of any such alien if accompanying him or following to join him;”.
Subsec. (a)(15)(L). [Pub. L. 107–125] inserted “subject to [section 1184(c)(2) of this title],” before “an alien who”.
Subsec. (a)(15)(M)(ii), (iii). [Pub. L. 107–274, § 2(b)], added cls. (ii) and (iii) and struck out former cl. (ii) which read as follows: “and (ii) the alien spouse and minor children of any such alien if accompanying him or following to join him;”.
2000—Subsec. (a)(15)(K). [Pub. L. 106–553, § 1(a)(2)] [title XI, § 1103(a)], amended subpar. (K) generally. Prior to amendment, subpar. (K) read as follows: “an alien who is the fiancée or fiancé of a citizen of the United States and who seeks to enter the United States solely to conclude a valid marriage with the petitioner within ninety days after admission, and the minor children of such fiancée or fiancé accompanying him or following to join him;”.
Subsec. (a)(15)(T). [Pub. L. 106–386, § 107(e)(1)], added subpar. (T).
Subsec. (a)(15)(U). [Pub. L. 106–386, § 1513(b)], added subpar. (U).
Subsec. (a)(15)(V). [Pub. L. 106–553, § 1(a)(2)] [title XI, § 1102(a)], added subpar. (V).
Subsec. (a)(27)(C)(ii)(II), (III). [Pub. L. 106–409] substituted “2003,” for “2000,”.
Subsec. (a)(27)(M). [Pub. L. 106–536] added subpar. (M).
Subsec. (a)(50). [Pub. L. 106–386, § 1503(a)], added par. (50).
Subsec. (b)(1)(G). [Pub. L. 106–279, § 302(a)], added subpar. (G).
Subsec. (b)(2). [Pub. L. 106–279, § 302(c)], inserted “and paragraph (1)(G)(i)” after “second proviso therein)”.
Subsec. (f). [Pub. L. 106–395] inserted at end: “In the case of an alien who makes a false statement or claim of citizenship, or who registers to vote or votes in a Federal, State, or local election (including an initiative, recall, or referendum) in violation of a lawful restriction of such registration or voting to citizens, if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of such statement, claim, or violation that he or she was a citizen, no finding that the alien is, or was, not of good moral character may be made based on it.”
Subsec. (i). [Pub. L. 106–386, § 107(e)(4)], added subsec. (i).
1999—Subsec. (a)(15)(H)(i)(a). [Pub. L. 106–95, § 2(c)], struck out subcl. (a) which read as follows: “who is coming temporarily to the United States to perform services as a registered nurse, who meets the qualifications described in [section 1182(m)(1) of this title], and with respect to whom the Secretary of Labor determines and certifies to the Attorney General that an unexpired attestation is on file and in effect under [section 1182(m)(2) of this title] for each facility (which facility shall include the petitioner and each worksite, other than a private household worksite, if the worksite is not the alien’s employer or controlled by the employer) for which the alien will perform the services, or”.
Subsec. (a)(15)(H)(i)(c). [Pub. L. 106–95, § 2(a)], added subcl. (c).
Subsec. (b)(1)(E). [Pub. L. 106–139, § 1(a)(1)], designated existing provisions as cl. (i) and added cl. (ii).
Subsec. (b)(1)(F). [Pub. L. 106–139, § 1(a)(2)], designated existing provisions as cl. (i), substituted “; or” for period at end, and added cl. (ii).
Subsec. (c)(1). [Pub. L. 106–139, § 1(b)(1)], substituted “16 years (except to the extent that the child is described in subparagraph (E)(ii) or (F)(ii) of subsection (b)(1) of this section),” for “sixteen years,”.
1998—Subsec. (a)(9). [Pub. L. 105–277, § 2222(e)], inserted “or employee” after “other officer” and “or, when used in subchapter III, for the purpose of adjudicating nationality” before period at end.
Subsec. (a)(15)(N). [Pub. L. 105–277, § 421(b)], inserted “(or under analogous authority under paragraph (27)(L))” after “(27)(I)(i)” in cl. (i) and after “(27)(I)” in cl. (ii).
Subsec. (a)(15)(Q). [Pub. L. 105–319, § 2(e)(2)], formerly § 2(d)(2), renumbered § 2(e)(2) and amended [Pub. L. 108–449, § 1(a)(2)(B)], (3)(A), struck out cl. (i) designation before “an alien having a residence” and struck out at end: “or (ii)(I) an alien citizen of the United Kingdom or the Republic of Ireland, 21 to 35 years of age, unemployed for not less than 12 months, and having a residence for not less than 18 months in Northern Ireland, or the counties of Louth, Monaghan, Cavan, Leitrim, Sligo, and Donegal within the Republic of Ireland, which the alien has no intention of abandoning who is coming temporarily (for a period not to exceed 24 months) to the United States as a participant in a cultural and training program approved by the Secretary of State and the Secretary of Homeland Security under section 2(a) of the Irish Peace Process Cultural and Training Program Act of 1998 for the purpose of providing practical training, employment, and the experience of coexistence and conflict resolution in a diverse society, and (II) the alien spouse and minor children of any such alien if accompanying the alien or following to join the alien;”.
[Pub. L. 105–319, § 2(b)(1)], designated existing provisions as cl. (i) and added cl. (ii).
Subsec. (a)(27)(L). [Pub. L. 105–277, § 421(a)], added subpar. (L).
1997—Subsec. (a)(27)(C)(ii)(II), (III). [Pub. L. 105–54] substituted “2000” for “1997”.
Subsec. (a)(27)(J). [Pub. L. 105–119] amended subpar. (J) generally. Prior to amendment, subpar. (J) read as follows: “an immigrant (i) who has been declared dependent on a juvenile court located in the United States or whom such a court has legally committed to, or placed under the custody of, an agency or department of a State and who has been deemed eligible by that court for long-term foster care, and (ii) for whom it has been determined in administrative or judicial proceedings that it would not be in the alien’s best interest to be returned to the alien’s or parent’s previous country of nationality or country of last habitual residence; except that no natural parent or prior adoptive parent of any alien provided special immigrant status under this subparagraph shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this chapter; or”.
1996—Subsec. (a)(6). [Pub. L. 104–208, § 104(a)], inserted at end “Such regulations shall provide that (A) each such document include a biometric identifier (such as the fingerprint or handprint of the alien) that is machine readable and (B) an alien presenting a border crossing identification card is not permitted to cross over the border into the United States unless the biometric identifier contained on the card matches the appropriate biometric characteristic of the alien.”
Subsec. (a)(13). [Pub. L. 104–208, § 301(a)], amended par. (13) generally. Prior to amendment, par. (13) read as follows: “The term ‘entry’ means any coming of an alien into the United States, from a foreign port or place or from an outlying possession, whether voluntarily or otherwise, except that an alien having a lawful permanent residence in the United States shall not be regarded as making an entry into the United States for the purposes of the immigration laws if the alien proves to the satisfaction of the Attorney General that his departure to a foreign port or place or to an outlying possession was not intended or reasonably to be expected by him or his presence in a foreign port or place or in an outlying possession was not voluntary: Provided, That no person whose departure from the United States was occasioned by deportation proceedings, extradition, or other legal process shall be held to be entitled to such exception.”
Subsec. (a)(15)(F)(i). [Pub. L. 104–208, § 625(a)(2)], inserted “consistent with section 1184(l) of this title” after “such a course of study”.
Subsec. (a)(15)(K). [Pub. L. 104–208, § 308(f)(1)(A)], substituted “admission” for “entry”.
Subsec. (a)(15)(S). [Pub. L. 104–208, § 671(a)(3)(B)], substituted “section 1184(k)” for “section 1184(j)” in introductory provisions.
Subsec. (a)(17). [Pub. L. 104–208, § 308(d)(4)(A)], substituted “expulsion, or removal” for “or expulsion”.
Subsec. (a)(30). [Pub. L. 104–208, § 308(f)(1)(B)], substituted “admission” for “entry”.
Subsec. (a)(42). [Pub. L. 104–208, § 601(a)(1)], inserted at end “For purposes of determinations under this chapter, a person who has been forced to abort a pregnancy or to undergo involuntary sterilization, or who has been persecuted for failure or refusal to undergo such a procedure or for other resistance to a coercive population control program, shall be deemed to have been persecuted on account of political opinion, and a person who has a well founded fear that he or she will be forced to undergo such a procedure or subject to persecution for such failure, refusal, or resistance shall be deemed to have a well founded fear of persecution on account of political opinion.”
Subsec. (a)(43). [Pub. L. 104–208, § 321(b)], inserted at end of concluding provisions “Notwithstanding any other provision of law (including any effective date), the term applies regardless of whether the conviction was entered before, on, or after September 30, 1996.”
Subsec. (a)(43)(A). [Pub. L. 104–208, § 321(a)(1)], inserted “, rape, or sexual abuse of a minor” after “murder”.
Subsec. (a)(43)(D). [Pub. L. 104–208, § 321(a)(2)], substituted “$10,000” for “$100,000”.
Subsec. (a)(43)(F). [Pub. L. 104–208, § 322(a)(2)(A)], struck out “imposed (regardless of any suspension of imprisonment)” after “term of imprisonment”.
[Pub. L. 104–208, § 321(a)(3)], substituted “at least one year” for “is at least 5 years”.
Subsec. (a)(43)(G). [Pub. L. 104–208, § 322(a)(2)(A)], which directed amendment of subpar. (G) by striking out “imposed (regardless of any suspension of imprisonment)”, was executed by striking out “imposed (regardless of any suspension of such imprisonment)” after “term of imprisonment” to reflect the probable intent of Congress.
[Pub. L. 104–208, § 321(a)(3)], substituted “at least one year” for “is at least 5 years”.
Subsec. (a)(43)(J). [Pub. L. 104–208, § 321(a)(4)], substituted “sentence of one year imprisonment” for “sentence of 5 years’ imprisonment”.
[Pub. L. 104–132, § 440(e)(1)], inserted “, or an offense described in section 1084 (if it is a second or subsequent offense) or 1955 of that title (relating to gambling offenses),” after “corrupt organizations)”.
Subsec. (a)(43)(K)(i). [Pub. L. 104–132, § 440(e)(2)(A)], struck out “or” at end.
Subsec. (a)(43)(K)(ii). [Pub. L. 104–208, § 671(b)(5)], struck out comma after “1588”.
[Pub. L. 104–208, § 321(a)(5)], inserted “if committed” before “for commercial advantage”.
[Pub. L. 104–132, § 440(e)(2)(C)], added cl. (ii). Former cl. (ii) redesignated (iii).
Subsec. (a)(43)(K)(iii). [Pub. L. 104–132, § 440(e)(2)(B)], redesignated cl. (ii) as (iii).
Subsec. (a)(43)(L)(iii). [Pub. L. 104–208, § 321(a)(6)], added cl. (iii).
Subsec. (a)(43)(M). [Pub. L. 104–208, § 321(a)(7)], substituted “$10,000” for “$200,000” in cls. (i) and (ii).
Subsec. (a)(43)(N). [Pub. L. 104–208, § 322(a)(2)(A)], which directed amendment of subpar. (N) by striking “imposed (regardless of any suspension of imprisonment)”, could not be executed because that phrase did not appear subsequent to amendment by [Pub. L. 104–208, § 321(a)(8)]. See below.
[Pub. L. 104–208, § 321(a)(8)], substituted “, except in the case of a first offense for which the alien has affirmatively shown that the alien committed the offense for the purpose of assisting, abetting, or aiding only the alien’s spouse, child, or parent (and no other individual) to violate a provision of this chapter” for “for which the term of imprisonment imposed (regardless of any suspension of imprisonment) at least one year;”.
[Pub. L. 104–208, § 321(a)(3)], substituted “at least one year” for “is at least 5 years”.
[Pub. L. 104–132, § 440(e)(3)], amended subpar. (N) generally. Prior to amendment, subpar. (N) read as follows: “an offense described in [section 274(a)(1) of title 18], United States Code (relating to alien smuggling) for the purpose of commercial advantage;”.
Subsec. (a)(43)(O). [Pub. L. 104–132, § 440(e)(7)], added subpar. (O).
[Pub. L. 104–132, § 440(e)(6)], redesignated subpar. (O) as (P).
[Pub. L. 104–132, § 440(e)(4)], amended subpar. (O) generally. Prior to amendment subpar. (O) read as follows: “an offense described in [section 1546(a) of title 18] (relating to document fraud) which constitutes trafficking in the documents described in such section for which the term of imprisonment imposed (regardless of any suspicion of such imprisonment) is at least 5 years;”.
Subsec. (a)(43)(P). [Pub. L. 104–208, § 322(a)(2)(A)], which directed amendment of subpar. (P) by striking out “imposed (regardless of any suspension of imprisonment)”, was executed by striking out “imposed (regardless of any suspension of such imprisonment)” after “term of imprisonment” to reflect the probable intent of Congress.
[Pub. L. 104–208, § 321(a)(9)], substituted “12 months, except in the case of a first offense for which the alien has affirmatively shown that the alien committed the offense for the purpose of assisting, abetting, or aiding only the alien’s spouse, child, or parent (and no other individual) to violate a provision of this chapter” for “18 months”.
[Pub. L. 104–208, § 321(a)(3)], which directed amendment of subpar. (P) by substituting “at least one year” for “is at least 5 years”, could not be executed because “is at least 5 years” did not appear subsequent to amendments by [Pub. L. 104–132, § 440(e)(4)], (6). See above.
[Pub. L. 104–132, § 440(e)(6)], redesignated subpar. (O) as (P). Former subpar. (P) redesignated (Q).
[Pub. L. 104–132, § 440(e)(5)], substituted “5 years or more;” for “15 years or more; and”.
Subsec. (a)(43)(Q). [Pub. L. 104–132, § 440(e)(6)], redesignated subpar. (P) as (Q). Former subpar. (Q) redesignated (U).
Subsec. (a)(43)(R). [Pub. L. 104–208, § 321(a)(10)], substituted “for which the term of imprisonment is at least one year” for “for which a sentence of 5 years’ imprisonment or more may be imposed”.
[Pub. L. 104–132, § 440(e)(8)], added subpar. (R).
Subsec. (a)(43)(S). [Pub. L. 104–208, § 321(a)(11)], substituted “for which the term of imprisonment is at least one year” for “for which a sentence of 5 years’ imprisonment or more may be imposed”.
[Pub. L. 104–132, § 440(e)(8)], added subpar. (S).
Subsec. (a)(43)(T). [Pub. L. 104–132, § 440(e)(8)], added subpar. (T).
Subsec. (a)(43)(U). [Pub. L. 104–132, § 440(e)(6)], redesignated subpar. (Q) as (U).
Subsec. (a)(47). [Pub. L. 104–132, § 440(b)], added par. (47).
Subsec. (a)(48). [Pub. L. 104–208, § 322(a)(1)], added par. (48).
Subsec. (a)(49). [Pub. L. 104–208, § 361(a)], added par. (49).
Subsec. (b)(4). [Pub. L. 104–208, § 371(a)], amended par. (4) generally. Prior to amendment, par. (4) read as follows: “The term ‘special inquiry officer’ means any immigration officer who the Attorney General deems 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, § 671(e)(2)], substituted “and 1432” for “, 1432, and 1433”.
Subsec. (f)(3). [Pub. L. 104–208, § 308(d)(3)(A)], substituted “inadmissible” for “excludable”.
Subsec. (g). [Pub. L. 104–208, § 308(e)(3)], substituted “deported or removed” for “deported” in two places.
1995—Subsec. (b)(1)(A). [Pub. L. 104–51, § 1(1)(A)], substituted “child born in wedlock” for “legitimate child”.
Subsec. (b)(1)(D). [Pub. L. 104–51, § 1(1)(B)], substituted “a child born out of wedlock” for “an illegitimate child”.
Subsec. (b)(2). [Pub. L. 104–51, § 1(2)] substituted “a child born out of wedlock” for “an illegitimate child”.
1994—Subsec. (a)(1). [Pub. L. 103–236] substituted “official designated by the Secretary of State pursuant to [section 1104(b) of this title]” for “Assistant Secretary of State for Consular Affairs”.
Subsec. (a)(15)(S). [Pub. L. 103–322] added subpar. (S).
Subsec. (a)(27)(C)(ii)(II), (III). [Pub. L. 103–416, § 214], substituted “1997,” for “1994,”.
Subsec. (a)(27)(D). [Pub. L. 103–416, § 201], inserted “or of the American Institute in Taiwan,” after “Government abroad,” and “(or, in the case of the American Institute in Taiwan, the Director thereof)” after “Service establishment”.
Subsec. (a)(27)(F)(ii). [Pub. L. 103–337] inserted “or continues to be employed by the United States Government in an area of the former Canal Zone” after “employment”.
Subsec. (a)(27)(I)(iii)(II). [Pub. L. 103–416, § 202], added subcl. (II) and struck out former subcl. (II) which read as follows: “files a petition for status under this subparagraph before January 1, 1993, and no later than six months after the date of such retirement or six months after October 24, 1988, whichever is later; or”.
Subsec. (a)(27)(J)(i). [Pub. L. 103–416, § 219(a)], substituted “or whom such a court has legally committed to, or placed under the custody of, an agency or department of a State and who has” for “and has” before “been deemed”.
Subsec. (a)(43). [Pub. L. 103–416, § 222(a)], amended par. (43) generally. Prior to amendment, par. (43) read as follows: “The term ‘aggravated felony’ means murder, any illicit trafficking in any controlled substance (as defined in [section 802 of title 21]), including any drug trafficking crime as defined in [section 924(c)(2) of title 18], or any illicit trafficking in any firearms or destructive devices as defined in section 921 of such title, any offense described in [section 1956 of title 18] (relating to laundering of monetary instruments), or any crime of violence (as defined in [section 16 of title 18], not including a purely political offense) for which the term of imprisonment imposed (regardless of any suspension of such imprisonment) is at least 5 years, or any attempt or conspiracy to commit any such act. Such term applies to offenses described in the previous sentence whether in violation of Federal or State law and also applies to offenses described in the previous sentence in violation of foreign law for which the term of imprisonment was completed within the previous 15 years.”
1991—Subsec. (a)(15)(D)(i). [Pub. L. 102–232, § 309(b)(1)], inserted a comma after “States)”.
Subsec. (a)(15)(H)(i)(b). [Pub. L. 102–232, § 303(a)(7)(A)], struck out “, and had approved by,” after “has filed with”.
[Pub. L. 102–232, § 303(a)(5)(A)], inserted “subject to [section 1182(j)(2) of this title],” after “or (b)”.
[Pub. L. 102–232, § 207(b)], inserted “or as a fashion model” after “[section 1184(i)(1) of this title]” and “or, in the case of a fashion model, is of distinguished merit and ability” after “[section 1184(i)(2) of this title]”.
Subsec. (a)(15)(O)(i). [Pub. L. 102–232, § 205(b)], struck out before semicolon at end “, but only if the Attorney General determines that the alien’s entry into the United States will substantially benefit prospectively the United States”.
Subsec. (a)(15)(O)(ii)(III)(b). [Pub. L. 102–232, § 205(c)], substituted “significant production (including pre- and post-production work)” for “significant principal photography”.
Subsec. (a)(15)(P)(i). [Pub. L. 102–232, § 203(a)], amended cl. (i) generally. Prior to amendment, cl. (i) read as follows:
“(I) performs as an athlete, individually or as part of a group or team, at an internationally recognized level of performance, or performs as part of an entertainment group that has been recognized internationally as being outstanding in the discipline for a sustained and substantial period of time and has had a sustained and substantial relationship with that group over a period of at least 1 year and provides functions integral to the performance of the group, and
“(II) seeks to enter the United States temporarily and solely for the purpose of performing as such an athlete or entertainer with respect to a specific athletic competition or performance;”.
Subsec. (a)(15)(P)(ii)(II). [Pub. L. 102–232, § 206(b)], (c)(1), inserted “or organizations” after “and an organization” and struck out before semicolon at end “, between the United States and the foreign states involved”.
Subsec. (a)(15)(P)(iii)(II). [Pub. L. 102–232, § 206(d)], substituted “to perform, teach, or coach” for “for the purpose of performing” and inserted “commercial or noncommercial” before “program”.
Subsec. (a)(15)(Q). [Pub. L. 102–232, § 303(a)(14)], substituted “approved” for “designated”.
Subsec. (a)(24). [Pub. L. 102–232, § 305(m)(1)], struck out par. (24) which defined “naturalization court”.
Subsec. (a)(27)(I)(ii)(II), (iii)(II). [Pub. L. 102–232, § 302(e)(8)(A)], substituted “files a petition for status” for “applies for a visa or adjustment of status”.
Subsec. (a)(27)(K). [Pub. L. 102–110] added subpar. (K).
Subsec. (a)(43). [Pub. L. 102–232, § 306(a)(1)], struck out comma before period at end of first sentence.
Subsec. (a)(46). [Pub. L. 102–232, § 205(a)], added par. (46).
Subsec. (c)(1). [Pub. L. 102–232, § 309(b)(4)], struck out reference to section 1434.
1990—Subsec. (a)(15)(D)(i). [Pub. L. 101–649, § 203(c)], substituted “a capacity” for “any capacity” and inserted “, as defined in [section 1288(a) of this title]” after “on board a vessel”.
Subsec. (a)(15)(E)(i). [Pub. L. 101–649, § 204(a)], inserted “, including trade in services or trade in technology” after “substantial trade”.
Subsec. (a)(15)(H). [Pub. L. 101–649, § 205(e)(1)], struck out “having a residence in a foreign country which he has no intention of abandoning” after “an alien”.
Subsec. (a)(15)(H)(i)(a). [Pub. L. 101–649, § 162(f)(2)(A)], substituted “for each facility (which facility shall include the petitioner and each worksite, other than a private household worksite, if the worksite is not the alien’s employer or controlled by the employer) for which the alien will perform the services, or” for “for the facility for which the alien will perform the services, or”.
Subsec. (a)(15)(H)(i)(b). [Pub. L. 101–649, § 205(c)(1)], substituted “who is coming temporarily to the United States to perform services (other than services described in subclause (a) during the period in which such subclause applies and other than services described in subclause (ii)(a) or in subparagraph (O) or (P)) in a specialty occupation described in [section 1184(i)(1) of this title], who meets the requirements for the occupation specified in [section 1184(i)(2) of this title], and with respect to whom the Secretary of Labor determines and certifies to the Attorney General that the intending employer has filed with, and had approved by, the Secretary an application under [section 1182(n)(1) of this title]” for “who is of distinguished merit and ability and who is coming temporarily to the United States to perform services (other than services as a registered nurse) of an exceptional nature requiring such merit and ability, and who, in the case of a graduate of a medical school coming to the United States to perform services as a member of the medical profession, is coming pursuant to an invitation from a public or nonprofit private educational or research institution or agency in the United States to teach or conduct research, or both, at or for such institution or agency”.
Subsec. (a)(15)(H)(ii). [Pub. L. 101–649, § 205(e)(2)], (3), substituted “(a) having a residence in a foreign country which he has no intention of abandoning who is coming temporarily to the United States” for “who is coming temporarily to the United States (a)”, and in subcl. (b) inserted “having a residence in a foreign country which he has no intention of abandoning who is coming temporarily to the United States” after “(b)”.
Subsec. (a)(15)(H)(iii). [Pub. L. 101–649, § 205(e)(4)], inserted “having a residence in a foreign country which he has no intention of abandoning” after “(iii)”.
[Pub. L. 101–649, § 205(d)], inserted “, in a training program that is not designed primarily to provide productive employment” before semicolon at end.
Subsec. (a)(15)(L). [Pub. L. 101–649, § 206(c)], substituted “within 3 years preceding” for “immediately preceding”.
Subsec. (a)(15)(O), (P). [Pub. L. 101–649, § 207(a)], added subpars. (O) and (P).
Subsec. (a)(15)(Q). [Pub. L. 101–649, § 208], added subpar. (Q).
Subsec. (a)(15)(R). [Pub. L. 101–649, § 209(a)], added subpar. (R).
Subsec. (a)(27)(C). [Pub. L. 101–649, § 151(a)], amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “(i) an immigrant who continuously for at least two years immediately preceding the time of his application for admission to the United States has been, and who seeks to enter the United States solely for the purpose of carrying on the vocation of minister of a religious denomination, and whose services are needed by such religious denomination having a bona fide organization in the United States; and (ii) the spouse or the child of any such immigrant, if accompanying or following to join him;”.
Subsec. (a)(27)(J). [Pub. L. 101–649, § 153(a)], added subpar. (J).
Subsec. (a)(36). [Pub. L. 101–649, § 407(a)(2)], struck out “(except as used in [section 1421(a) of this title])” after “includes”.
Subsec. (a)(43). [Pub. L. 101–649, § 501(a)(6)], inserted “and also applies to offenses described in the previous sentence in violation of foreign law for which the term of imprisonment was completed within the previous 15 years” after “Federal or State law”.
[Pub. L. 101–649, § 501(a)(5)], inserted at end “Such term applies to offenses described in the previous sentence whether in violation of Federal or State law.”
[Pub. L. 101–649, § 501(a)(4)], struck out “committed within the United States” after “to commit any such act,”.
[Pub. L. 101–649, § 501(a)(3)], inserted “any offense described in [section 1956 of title 18] (relating to laundering of monetary instruments), or any crime of violence (as defined in [section 16 of title 18], not including a purely political offense) for which the term of imprisonment imposed (regardless of any suspension of such imprisonment) is at least 5 years,” after “section 921 of such title,”.
[Pub. L. 101–649, § 501(a)(2)], inserted “any illicit trafficking in any controlled substance (as defined in [section 802 of title 21]), including” after “murder,”.
[Pub. L. 101–649, § 501(a)(1)], aligned margin of par. (43).
Subsec. (a)(44). [Pub. L. 101–649, § 123], added par. (44).
Subsec. (a)(45). [Pub. L. 101–649, § 204(c)], added par. (45).
Subsec. (f)(3). [Pub. L. 101–649, § 603(a)(1)(A)], substituted “paragraphs (2)(D), (6)(E), and (9)(A)” for “paragraphs (11), (12), and (31)”.
[Pub. L. 101–649, § 603(a)(1)(B)], substituted “subparagraphs (A) and (B) of [section 1182(a)(2) of this title] and subparagraph (C) thereof” for “paragraphs (9) and (10) of [section 1182(a) of this title] and paragraph (23)”.
Subsec. (f)(8). [Pub. L. 101–649, § 509(a)], substituted “an aggravated felony (as defined in subsection (a)(43) of this section)” for “the crime of murder”.
Subsec. (h). [Pub. L. 101–649, § 603(a)(1)(C)], substituted “1182(a)(2)(E) of this title” for “1182(a)(34) of this title”.
[Pub. L. 101–246] added subsec. (h).
1989—Subsec. (a)(15)(H)(i). [Pub. L. 101–238] added subcl. (a), designated existing provisions as subcl. (b), and inserted “(other than services as a registered nurse)” after “to perform services”.
Subsec. (b)(2). [Pub. L. 101–162] inserted before period at end “, except that, for purposes of paragraph (1)(F) (other than the second proviso therein) in the case of an illegitimate child described in paragraph (1)(D) (and not described in paragraph (1)(C)), the term ‘parent’ does not include the natural father of the child if the father has disappeared or abandoned or deserted the child or if the father has in writing irrevocably released the child for emigration and adoption”.
1988—Subsec. (a)(15)(J). [Pub. L. 100–525, § 9(a)(1)], substituted “Director of the United States Information Agency” for “Secretary of State”.
Subsec. (a)(27)(I)(i)(II), (ii)(II), (iii)(II). [Pub. L. 100–525, § 2](o)(1), substituted “October 24, 1988” for “November 6, 1986” and “applies for a visa or adjustment of status” for “applies for admission”.
Subsec. (a)(38). [Pub. L. 100–525, § 9(a)(2)], struck out “For the purpose of issuing certificates of citizenship to persons who are citizens of the United States, the term ‘United States’ as used in [section 1452 of this title] includes the Canal Zone.”
Subsec. (a)(43). [Pub. L. 100–690] added par. (43).
Subsec. (b)(2). [Pub. L. 100–459], temporarily inserted before period at end “, except that, for purposes of paragraph (1)(F) in the case of an illegitimate child described in paragraph (1)(D) (and not described in paragraph (1)(C)), the term ‘parent’ does not include the natural father of the child if the father has disappeared or abandoned or deserted the child or if the father has in writing irrevocably released the child for emigration and adoption”. See Effective and Termination Dates of 1988 Amendments note below.
Subsec. (c)(1). [Pub. L. 100–525, § 8(b)], repealed [Pub. L. 99–653, § 3]. See 1986 Amendment note below.
Subsec. (d). [Pub. L. 100–525, § 9(a)(3)], struck out subsec. (d) defining “veteran”, “Spanish-American War”, “World War I”, “World War II”, and “Korean hostilities” as those terms were used in part III of subchapter III of this chapter.
1986—Subsec. (a)(15)(D). [Pub. L. 99–505] designated existing provisions as cl. (i) and added cl. (ii).
Subsec. (a)(15)(H). [Pub. L. 99–603, § 301(a)], designated existing provisions of cl. (ii) as subcl. (b) and added subcl. (a) relating to persons performing agricultural labor or services as defined by the Secretary of Labor in regulations and including agricultural labor as defined in [section 3121(g) of title 26] and agriculture as defined in [section 203(f) of title 29] of a temporary or seasonal nature.
Subsec. (a)(15)(N). [Pub. L. 99–603, § 312(b)], added subpar. (N).
Subsec. (a)(27)(I). [Pub. L. 99–603, § 312(a)], added subpar. (I).
Subsec. (b)(1)(D). [Pub. L. 99–603, § 315(a)], inserted “or to its natural father if the father has or had a bona fide parent-child relationship with the person”.
Subsec. (b)(1)(E). [Pub. L. 99–653, § 2], struck out “thereafter” after “the child has”.
Subsec. (c)(1). [Pub. L. 99–653, § 3], which struck out par. (1) defining “child”, was repealed by [Pub. L. 100–525, § 8(b)], and such par. (1) was revived as of Nov. 14, 1986, see Repeal and Revival note below.
1984—Subsec. (a)(9). Priv. L. 98–47 struck out provisions which directed that in Canal Zone and outlying possessions of the United States “consular officer” meant an officer designated by the Governor of the Canal Zone, or the governors of the outlying possessions for purposes of issuing immigrant or nonimmigrant visas under this chapter.
1981—Subsec. (a)(15)(F). [Pub. L. 97–116], §§ 2(a)(1), 18(a)(1), substituted in cl. (i) “college, university, 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, § 18(a)(2)], substituted a semicolon for a period at end of subpars. (H), (J), (K), and (L) and inserted “or” at end of subpar. (L).
Subsec. (a)(15)(M). [Pub. L. 97–116, § 2(a)(2)], added subpar. (M).
Subsec. (a)(27)(H). [Pub. L. 97–116, § 5(d)(1)], added subpar. (H).
Subsec. (a)(33). [Pub. L. 97–116, § 18(a)(3)], struck out provision that residence be considered continuous for the purposes of sections 1482 and 1484 of this title where there is a continuity of stay but not necessarily an uninterrupted physical presence in a foreign state or states or outside the United States.
Subsec. (b)(1)(A), (B). [Pub. L. 97–116, § 18(a)(5)(A)], struck out “or” at the end.
Subsec. (b)(1)(C). [Pub. L. 97–116, § 18(a)(5)(B)], substituted a semicolon for the period at end.
Subsec. (b)(1)(E). [Pub. L. 97–116], §§ 2(b), 18(a)(5)(C), substituted “sixteen” for “fourteen”, and “; or” for the period at the end.
Subsec. (b)(1)(F). [Pub. L. 97–116, § 2(b)], substituted “sixteen” for “fourteen”.
Subsec. (f). [Pub. L. 97–116, § 2(c)], struck out par. (2) which provided that a person not be considered a person of good moral character if within the period for which good moral character is required to be established the person commits adultery, and substituted in par. (3) “paragraphs (9) and (10) of [section 1182(a) of this title] and paragraph (23) of such section (except as such paragraph relates to a single offense of simple possession of 30 grams or less of marihuana)” for “paragraphs (9), (10), and (23) of [section 1182(a) of this title]”.
1980—Subsec. (a)(42). [Pub. L. 96–212] added par. (42).
1979—Subsec. (a)(27)(E) to (G). [Pub. L. 96–70] added subpars. (E) to (G).
1977—Subsec. (a)(1). [Pub. L. 95–105] substituted “Assistant Secretary of State for Consular Affairs” for “administrator of the Bureau of Security and Consular Affairs of the Department of State”.
Subsec. (a)(41). [Pub. L. 95–83] inserted “a” after “graduates of” and “, other than such aliens who are of national or international renown in the field of medicine” after “in a foreign state”.
1976—Subsec. (a)(15)(H)(i). [Pub. L. 94–484, § 601(b)(1)], inserted “, and who, in the case of a graduate of a medical school coming to the United States to perform services as a member of the medical profession, is coming pursuant to an invitation from a public or nonprofit private educational or research institution or agency in the United States to teach or conduct research, or both, at or for such institution or agency”.
Subsec. (a)(15)(H)(ii). [Pub. L. 94–484, § 601(b)(2)], inserted “, but this clause shall not apply to graduates of medical schools coming to the United States to perform services as members of the medical profession”.
Subsec. (a)(15)(H)(iii). [Pub. L. 94–484, § 601(b)(3)], inserted “, other than to receive graduate medical education or training”.
Subsec. (a)(15)(J). [Pub. L. 94–484, § 601(b)(4)], inserted “and who, if he is coming to the United States to participate in a program under which he will receive graduate medical education or training, also meets the requirements of [section 1182(j) of this title]”.
Subsec. (a)(27). [Pub. L. 94–571] struck out subpar. (A) provision defining term “special immigrant” to include an immigrant born in any independent foreign country of the Western Hemisphere or in the Canal Zone and the spouse and children of any such immigrant, if accompanying, or following to join him and restricting issuance of an immigrant visa until consular officer was in receipt of a determination made by the Secretary of Labor pursuant to former provisions of [section 1182(a)(14) of this title]; and redesignated as subpars. (A) to (D) former subpars. (B) to (E).
Subsec. (a)(41). [Pub. L. 94–484, § 601(e)], added par. (41).
1975—Subsec. (b)(1)(F). [Pub. L. 94–155] provided for adoption of alien children under the age of fourteen by unmarried United States citizens who are at least twenty-five years of age and inserted requirement that before adoption the Attorney General be satisfied that proper care will be provided the child after admission.
1970—Subsec. (a)(15)(H). [Pub. L. 91–225, § 1(a)], provided for nonimmigrant alien status for alien spouse and minor children of any alien specified in par. (H) if accompanying him or following to join him and struck out “temporary”, “other”, and “industrial” before “services”, “temporary services”, and “trainee” in cls. (i) to (iii), respectively.
Subsec. (a)(15)(K), (L). [Pub. L. 91–225, § 1(b)], added subpars. (K) and (L).
1966—Subsec. (a)(38). [Pub. L. 89–710] inserted sentence providing that term “United States” as used in [section 1452 of this title], for the purpose of issuing certificates of citizenship to persons who are citizens of the United States, shall include the Canal Zone.
1965—Subsec. (a)(27). [Pub. L. 89–236, § 8(a)], substituted “special immigrant” for “nonquota immigrant” as term being defined.
Subsec. (a)(32). [Pub. L. 89–236, § 8(b)], substituted term “profession” and its definition for term “quota immigrant” and its definition.
Subsec. (b)(1)(F). [Pub. L. 89–236, § 8(c)], expanded definition to include a child, under the age of 14 at the time a petition is filed in his behalf to accord a classification as an immediate relative or who is an orphan because of the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents, or for whom the sole or surviving parent is incapable of providing the proper care which will be provided the child if admitted to the United States and who has in writing irrevocably released the child for emigration and adoption, and made minor amendments in the existing definition.
Subsec. (b)(6). [Pub. L. 89–236, § 24], struck out par. (6) which defined term “eligible orphan”.
1961—Subsec. (a)(15). [Pub. L. 87–256] included the alien spouse and minor children of any such alien if accompanying him or following to join him in subpar. (F), and added subpar. (J).
Subsec. (b)(1)(F). [Pub. L. 87–301, § 2], added subpar. (F).
Subsec. (b)(6). [Pub. L. 87–301, § 1], added par. (6).
Subsec. (d)(1). [Pub. L. 87–301, § 7(a)], inserted “or from June 25, 1950, to July 1, 1955,”.
Subsec. (d)(2). [Pub. L. 87–301, § 7(b)], inserted definition of “Korean hostilities”.
1959—Subsec. (a)(36). [Pub. L. 86–3] struck out reference to Hawaii.
1958—Subsec. (a)(36). [Pub. L. 85–508] struck out reference to Alaska.
1957—Subsec. (b)(1). [Pub. L. 85–316] inserted “whether or not born out of wedlock” in subpar. (B), and added subpars. (D) and (E).
Effective Date Of Amendment
Effective Date of 2010 Amendment
[Pub. L. 111–306, § 1(b)], Dec. 14, 2010, [124 Stat. 3280], provided that:“(1)In general.—Except as provided in paragraph (2), the amendments made by subsection (a) [amending this section] shall—“(A) take effect on the date that is 180 days after the date of the enactment of this Act [Dec. 14, 2010]; and“(B) apply with respect to applications for a nonimmigrant visa under section 101(a)(15)(F)(i) of the Immigration and Nationality Act ([8 U.S.C. 1101(a)(15)(F)(i)]) that are filed on or after the effective date described in subparagraph (A).“(2) Temporary exception.—“(A)In general.—Notwithstanding section 101(a)(15)(F)(i) of the Immigration and Nationality Act, as amended by subsection (a), during the 3-year period beginning on the date of the enactment of this Act, an alien seeking to enter the United States to pursue a course of study at a language training program that has been certified by the Secretary of Homeland Security and has not been accredited or denied accreditation by an entity described in section 101(a)(52) of such Act [[8 U.S.C. 1101(a)(52)]] may be granted a nonimmigrant visa under such section 101(a)(15)(F)(i).“(B)Additional requirement.—An alien may not be granted a nonimmigrant visa under subparagraph (A) if the sponsoring institution of the language training program to which the alien seeks to enroll does not—“(i) submit an application for the accreditation of such program to a regional or national accrediting agency recognized by the Secretary of Education within 1 year after the date of the enactment of this Act; and“(ii) comply with the applicable accrediting requirements of such agency.”
[Pub. L. 111–287, § 4], Nov. 30, 2010, [124 Stat. 3059], provided that:“(a)In General.—Except as provided in subsection (b), the amendments made by this Act [amending this section and [section 1182 of this title]] shall take effect on the date of the enactment of this Act [Nov. 30, 2010].“(b)Exception.—An alien who is described in section 101(b)(1)(G)(iii) of the Immigration and Nationality Act [[8 U.S.C. 1101(b)(1)(G)(iii)]], as added by section 3, and attained 18 years of age on or after April 1, 2008, shall be deemed to meet the age requirement specified in subclause (III) of such section if a petition for classification of the alien as an immediate relative under section 201(b) of the Immigration and Nationality Act ([8 U.S.C. 1151(b)]) is filed not later than 2 years after the date of the enactment of this Act.”
Effective Date of 2008 Amendment
[Pub. L. 110–457, title II, § 201(f)], Dec. 23, 2008, [122 Stat. 5054], provided that: “The amendments made by this section [amending this section and sections 1184 and 1255 of this title] shall—“(1) take effect on the date of enactment of the Act [Dec. 23, 2008]; and“(2) apply to applications for immigration benefits filed on or after such date.”
[Pub. L. 110–391, § 2(d)], Oct. 10, 2008, [122 Stat. 4193], provided that: “The amendments made by subsection (a) [amending this section] shall take effect on the date that the Secretary of Homeland Security submits the certification described in subsection (b)(2) [set out as a note below] stating that the final regulations required by subsection (b)(1) [set out as a note below] have been issued and are in effect [Notice that the regulations have been issued and are in effect Nov. 26, 2008, was published in the Federal Register, Nov. 26, 2008. See 73 F.R. 72298.].”
Amendment by [Pub. L. 110–229] effective on the transition program effective date described in [section 1806 of Title 48], Territories and Insular Possessions, see [section 705(b) of Pub. L. 110–229], set out as an Effective Date note under [section 1806 of Title 48].
Effective Date of 2006 Amendment
[Pub. L. 109–162, title VIII, § 822(c)(2)], Jan. 5, 2006, [119 Stat. 3063], provided that: “The amendment made by paragraph (1) [amending this section] shall be effective as if included in section 603(a)(1) of the Immigration Act of 1990 ([Public Law 101–649]; [104 Stat. 5082]).”
Effective and Termination Dates of 2003 Amendment
[Pub. L. 108–99, § 2], Oct. 15, 2003, [117 Stat. 1176], provided that: “The amendment made by section 1 [amending this section] shall take effect on October 1, 2003.”
Amendment by [Pub. L. 108–77] effective on the date the United States-Chile Free Trade Agreement enters into force (Jan. 1, 2004), and ceases to be effective on the date the Agreement ceases to be in force, see [section 107 of Pub. L. 108–77], set out in a note under [section 3805 of Title 19], Customs Duties.
Effective Date of 2000 Amendment
[Pub. L. 106–553, § 1(a)(2)] [title XI, § 1102(e)], Dec. 21, 2000, [114 Stat. 2762], 2762A–144, provided that: “The amendments made by this section [amending this section and sections 1184 and 1255 of this title] shall take effect on the date of the enactment of this Act [Dec. 21, 2000] and shall apply to an alien who is the beneficiary of a classification petition filed under section 204 of the Immigration and Nationality Act [[8 U.S.C. 1154]] on or before the date of the enactment of this Act.”
[Pub. L. 106–553, § 1(a)(2)] [title XI, § 1103(d)], Dec. 21, 2000, [114 Stat. 2762], 2762A–146, provided that: “The amendments made by this section [amending this section and sections 1184, 1186a, and 1255 of this title] shall take effect on the date of the enactment of this Act [Dec. 21, 2000] and shall apply to an alien who is the beneficiary of a classification petition filed under section 204 of the Immigration and Nationality Act [[8 U.S.C. 1154]] before, on, or after the date of the enactment of this Act.”
[Pub. L. 106–409, § 2(b)], Nov. 1, 2000, [114 Stat. 1787], provided that: “The amendment made by subsection (a) [amending this section] shall take effect on October 1, 2000.”
[Pub. L. 106–395, title II, § 201(a)(2)], Oct. 30, 2000, [114 Stat. 1633], provided that: “The amendment made by paragraph (1) [amending this section] shall be effective as if included in the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ([Public Law 104–208]; [110 Stat. 3009–546]) and shall apply to individuals having an application for a benefit under the Immigration and Nationality Act [[8 U.S.C. 1101] et seq.] pending on or after September 30, 1996.”
Amendment by [Pub. L. 106–279] effective Apr. 1, 2008, see section 505(a)(2), (b) of [Pub. L. 106–279], set out as an Effective Dates; Transition Rule note under [section 14901 of Title 42], The Public Health and Welfare.
Effective Date of 1999 Amendment
Amendment by [Pub. L. 106–95] applicable to classification petitions filed for nonimmigrant status only beginning on the date that interim or final regulations are first promulgated and ending on the date 3 years after Dec. 20, 2006, see [section 2(e) of Pub. L. 106–95], as amended, set out as a note under [section 1182 of this title].
Effective Date of 1998 Amendment
Amendment by [section 2(e)(2) of Pub. L. 105–319] effective Oct. 1, 2008, see [section 2(e)(2) of Pub. L. 105–319], formerly set out in an Irish Peace Process Cultural and Training Program note below.
Effective Date of 1997 Amendment
[Pub. L. 105–139, § 1(f)], Dec. 2, 1997, [111 Stat. 2645], provided that: “The amendments made by this section [amending provisions set out as notes under this section and sections 1151, 1153, and 1255 of this title]—“(1) shall take effect upon the enactment of the Nicaraguan Adjustment and Central American Relief Act [title II of [Pub. L. 105–100], approved Nov. 19, 1997] (as contained in the District of Columbia Appropriations Act, 1998); and“(2) shall be effective as if included in the enactment of such Act.”
[Pub. L. 105–54, § 1(b)], Oct. 6, 1997, [111 Stat. 1175], provided that: “The amendment made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Oct. 6, 1997].”
Effective Date of 1996 Amendment
[Pub. L. 104–208, div. C, title I, § 104(b)], Sept. 30, 1996, [110 Stat. 3009–556], as amended by [Pub. L. 105–277, div. A, § 101(b)] [title IV, § 410(c)], Oct. 21, 1998, [112 Stat. 2681–50], 2681–104; [Pub. L. 107–173, title VI, § 601], May 14, 2002, [116 Stat. 564], provided that:“(1)Clause a.—Clause (A) of the sentence added by the amendment made by subsection (a) [amending this section] shall apply to documents issued on or after 18 months after the date of the enactment of this Act [Sept. 30, 1996].“(2)Clause b.—Clause (B) of such sentence shall apply to cards presented on or after 6 years after the date of the enactment of this Act.”
[Pub. L. 104–208, div. C, title III, § 309], Sept. 30, 1996, [110 Stat. 3009–625], as amended by [Pub. L. 104–302, § 2(2)], (3), Oct. 11, 1996, [110 Stat. 3657]; [Pub. L. 105–100, title II], §§ 203(a)–(c), 204(d), Nov. 19, 1997, [111 Stat. 2196–2199], 2201; [Pub. L. 105–139, § 1(c)], Dec. 2, 1997, [111 Stat. 2644]; [Pub. L. 106–386, div. B, title V], §§ 1506(b)(3), 1510(b), Oct. 28, 2000, [114 Stat. 1527], 1531; [Pub. L. 106–554, § 1(a)(4)] [div. B, title XV, § 1505(c)], Dec. 21, 2000, [114 Stat. 2763], 2763A–327, provided that:“(a)In General.—Except as provided in this section and sections 303(b)(2), 306(c), 308(d)(2)(D), or 308(d)(5) of this division [amending sections 1225, 1227, and 1251 of this title, enacting provisions set out as notes under sections 1225, 1226, 1227, and 1252 of this title, and repealing provisions set out as a note under [section 1225 of this title]], this subtitle [subtitle A (§§ 301–309) of title III of div. C of [Pub. L. 104–208], see Tables for classification] and the amendments made by this subtitle shall take effect on the first day of the first month beginning more than 180 days after the date of the enactment of this Act [Sept. 30, 1996] (in this title [see Tables for classification] referred to as the ‘title III–A effective date’).“(b)Promulgation of Regulations.—The Attorney General shall first promulgate regulations to carry out this subtitle by not later than 30 days before the title III–A effective date.“(c) Transition for Certain Aliens.—“(1)General rule that new rules do not apply.—Subject to the succeeding provisions of this subsection, in the case of an alien who is in exclusion or deportation proceedings before the title III–A effective date—“(A) the amendments made by this subtitle shall not apply, and“(B) the proceedings (including judicial review thereof) shall continue to be conducted without regard to such amendments.“(2)Attorney general option to elect to apply new procedures.—In a case described in paragraph (1) in which an evidentiary hearing under section 236 or 242 and 242B of the Immigration and Nationality Act [[8 U.S.C. 1226], 1252, former 1252b] has not commenced as of the title III–A effective date, the Attorney General may elect to proceed under chapter 4 of title II of such Act [[8 U.S.C. 1221] et seq.] (as amended by this subtitle). The Attorney General shall provide notice of such election to the alien involved not later than 30 days before the date any evidentiary hearing is commenced. If the Attorney General makes such election, the notice of hearing provided to the alien under section 235 or 242(a) of such Act [[8 U.S.C. 1225], 1252(a)] shall be valid as if provided under section 239 of such Act [[8 U.S.C. 1229]] (as amended by this subtitle) to confer jurisdiction on the immigration judge.“(3)Attorney general option to terminate and reinitiate proceedings.—In the case described in paragraph (1), the Attorney General may elect to terminate proceedings in which there has not been a final administrative decision and to reinitiate proceedings under chapter 4 of title II [of] the Immigration and Nationality Act [[8 U.S.C. 1221] et seq.] (as amended by this subtitle). Any determination in the terminated proceeding shall not be binding in the reinitiated proceeding.“(4)Transitional changes in judicial review.—In the case in which a final order of exclusion or deportation is entered more than 30 days after the date of the enactment of this Act [Sept. 30, 1996], notwithstanding any provision of section 106 of the Immigration and Nationality Act [former [8 U.S.C. 1105a]] (as in effect as of the date of the enactment of this Act) to the contrary—“(A) in the case of judicial review of a final order of exclusion, subsection (b) of such section shall not apply and the action for judicial review shall be governed by the provisions of subsections (a) and (c) of such [section] in the same manner as they apply to judicial review of orders of deportation;“(B) a court may not order the taking of additional evidence under [section 2347(c) of title 28], United States Code;“(C) the petition for judicial review must be filed not later than 30 days after the date of the final order of exclusion or deportation;“(D) the petition for review shall be filed with the court of appeals for the judicial circuit in which the administrative proceedings before the special inquiry officer or immigration judge were completed;“(E) there shall be no appeal of any discretionary decision under section 212(c), 212(h), 212(i), 244, or 245 of the Immigration and Nationality Act [8 U.S.C. former 1182(c), 1182(h), (i), former 1254, 1255] (as in effect as of the date of the enactment of this Act [Sept. 30, 1996]);“(F) service of the petition for review shall not stay the deportation of an alien pending the court’s decision on the petition, unless the court orders otherwise; and“(G) there shall be no appeal permitted in the case of an alien who is inadmissible or deportable by reason of having committed a criminal offense covered in section 212(a)(2) or section 241(a)(2)(A)(iii), (B), (C), or (D) of the Immigration and Nationality Act [[8 U.S.C. 1182(a)(2)], former 1251(a)(2)(A)(iii), (B), (C), (D)] (as in effect as of the date of the enactment of this Act), or any offense covered by section 241(a)(2)(A)(ii) of such Act (as in effect on such date) for which both predicate offenses are, without regard to their date of commission, otherwise covered by section 241(a)(2)(A)(i) of such Act (as so in effect).“(5) Transitional rules with regard to suspension of deportation.—“(A)In general.—Subject to subparagraphs (B) and (C), paragraphs (1) and (2) of section 240A(d) of the Immigration and Nationality Act [[8 U.S.C. 1229b(d)(1)], (2)] (relating to continuous residence or physical presence) shall apply to orders to show cause (including those referred to in section 242B(a)(1) of the Immigration and Nationality Act [former [8 U.S.C. 1252b(a)(1)]], as in effect before the title III–A effective date), issued before, on, or after the date of the enactment of this Act [Sept. 30, 1996].“(B)Exception for certain orders.—In any case in which the Attorney General elects to terminate and reinitiate proceedings in accordance with paragraph (3) of this subsection, paragraphs (1) and (2) of section 240A(d) of the Immigration and Nationality Act [[8 U.S.C. 1229b(d)(1)], (2)] shall not apply to an order to show cause issued before April 1, 1997.“(C) Special rule for certain aliens granted temporary protection from deportation and for battered spouses and children.—“(i)In general.—For purposes of calculating the period of continuous physical presence under section 244(a) of the Immigration and Nationality Act [former [8 U.S.C. 1254(a)]] (as in effect before the title III–A effective date) or section 240A of such Act [[8 U.S.C. 1229b]] (as in effect after the title III–A effective date), subparagraph (A) of this paragraph and paragraphs (1) and (2) of section 240A(d) of the Immigration and Nationality Act shall not apply in the case of an alien, regardless of whether the alien is in exclusion or deportation proceedings before the title III–A effective date, who has not been convicted at any time of an aggravated felony (as defined in section 101(a) of the Immigration and Nationality Act [[8 U.S.C. 1101(a)]]) and— “(I) was not apprehended after December 19, 1990, at the time of entry, and is—- “(aa) a Salvadoran national who first entered the United States on or before September 19, 1990, and who registered for benefits pursuant to the settlement agreement in American Baptist Churches, et al. v. Thornburgh (ABC), 760 F. Supp. 796 (N.D. Cal. 1991) on or before October 31, 1991, or applied for temporary protected status on or before October 31, 1991; or
- “(bb) a Guatemalan national who first entered the United States on or before October 1, 1990, and who registered for benefits pursuant to such settlement agreement on or before December 31, 1991;
“(II) is a Guatemalan or Salvadoran national who filed an application for asylum with the Immigration and Naturalization Service on or before April 1, 1990; “(III) is the spouse or child (as defined in section 101(b)(1) of the Immigration and Nationality Act [[8 U.S.C. 1101(b)(1)]]) of an individual, at the time a decision is rendered to suspend the deportation, or cancel the removal, of such individual, if the individual has been determined to be described in this clause (excluding this subclause and subclause (IV)); “(IV) is the unmarried son or daughter of an alien parent, at the time a decision is rendered to suspend the deportation, or cancel the removal, of such alien parent, if—- “(aa) the alien parent has been determined to be described in this clause (excluding this subclause and subclause (III)); and
- “(bb) in the case of a son or daughter who is 21 years of age or older at the time such decision is rendered, the son or daughter entered the United States on or before October 1, 1990;
“(V) is an alien who entered the United States on or before December 31, 1990, who filed an application for asylum on or before December 31, 1991, and who, at the time of filing such application, was a national of the Soviet Union, Russia, any republic of the former Soviet Union, Latvia, Estonia, Lithuania, Poland, Czechoslovakia, Romania, Hungary, Bulgaria, Albania, East Germany, Yugoslavia, or any state of the former Yugoslavia; or “(VI) is an alien who was issued an order to show cause or was in deportation proceedings before April 1, 1997, and who applied for suspension of deportation under section 244(a)(3) of the Immigration and Nationality Act [former [8 U.S.C. 1254(a)(3)]] (as in effect before the date of the enactment of this Act [Sept. 30, 1996]); or “(VII)- (aa) was the spouse or child of an alien described in subclause (I), (II), or (V)—“(AA) at the time at which a decision is rendered to suspend the deportation or cancel the removal of the alien;“(BB) at the time at which the alien filed an application for suspension of deportation or cancellation of removal; or“(CC) at the time at which the alien registered for benefits under the settlement agreement in American Baptist Churches, et. al. v. Thornburgh (ABC), applied for temporary protected status, or applied for asylum; and
- “(bb) the spouse, child, or child of the spouse has been battered or subjected to extreme cruelty by the alien described in subclause (I), (II), or (V).
“(ii)Limitation on judicial review.—A determination by the Attorney General as to whether an alien satisfies the requirements of clause (i) is final and shall not be subject to review by any court. Nothing in the preceding sentence shall be construed as limiting the application of section 242(a)(2)(B) of the Immigration and Nationality Act [[8 U.S.C. 1252(a)(2)(B)]] (as in effect after the title III–A effective date) to other eligibility determinations pertaining to discretionary relief under this Act [probably should be “division”, see Short Title of 1996 Amendment note below].“(iii)Consideration of petitions.—In acting on a petition filed under subclause (VII) of clause (i) the provisions set forth in section 204(a)(1)(H) [probably means section 204(a)(1)(H) of the Immigration and Nationality Act, which is classified to [section 1154(a)(1)(H) of this title]] shall apply.“(iv)Residence with spouse or parent not required.—For purposes of the application of clause (i)(VII), a spouse or child shall not be required to demonstrate that he or she is residing with the spouse or parent in the United States.“(6)Transition for certain family unity aliens.—The Attorney General may waive the application of section 212(a)(9) of the Immigration and Nationality Act [[8 U.S.C. 1182(a)(9)]], as inserted by section 301(b)(1) of this division, in the case of an alien who is provided benefits under the provisions of section 301 of the Immigration Act of 1990 [[Pub. L. 101–649], set out as a note under [section 1255a of this title]] (relating to family unity).“(7)Limitation on suspension of deportation.—After April 1, 1997, the Attorney General may not suspend the deportation and adjust the status under section 244 of the Immigration and Nationality Act [former [8 U.S.C. 1254]] (as in effect before the title III–A effective date) of any alien in any fiscal year, except in accordance with section 240A(e) of such Act [[8 U.S.C. 1229b(e)]]. The previous sentence shall apply regardless of when an alien applied for such suspension and adjustment.“(d)Transitional References.—For purposes of carrying out the Immigration and Nationality Act [[8 U.S.C. 1101] et seq.], as amended by this subtitle—“(1) any reference in section 212(a)(1)(A) of such Act [[8 U.S.C. 1182(a)(1)(A)]] to the term ‘inadmissible’ is deemed to include a reference to the term ‘excludable’, and“(2) any reference in law to an order of removal shall be deemed to include a reference to an order of exclusion and deportation or an order of deportation.“(e)Transition.—No period of time before the date of the enactment of this Act [Sept. 30, 1996] shall be included in the period of 1 year described in section 212(a)(6)(B)(i) of the Immigration and Nationality Act [[8 U.S.C. 1182(a)(6)(B)(i)]] (as amended by section 301(c) of this division).“(f) Special Rule for Cancellation of Removal.—“(1)In general.—Subject to the provisions of the Immigration and Nationality Act [[8 U.S.C. 1101] et seq.] (as in effect after the title III–A effective date), other than subsections (b)(1), (d)(1), and (e) of section 240A of such Act [[8 U.S.C. 1229b(b)(1)], (d)(1), (e)] (but including section 242(a)(2)(B) of such Act [[8 U.S.C. 1252(a)(2)(B)]]), the Attorney General may, under section 240A of such Act, cancel removal of, and adjust to the status of an alien lawfully admitted for permanent residence, an alien who is inadmissible or deportable from the United States, if the alien applies for such relief, the alien is described in subsection (c)(5)(C)(i) of this section, and—“(A) the alien—“(i) is not inadmissible or deportable under paragraph (2) or (3) of section 212(a) or paragraph (2), (3), or (4) of section 237(a) of the Immigration and Nationality Act [[8 U.S.C. 1182(a)(2)], (3), 1227(a)(3), (4)] and is not an alien described in section 241(b)(3)(B)(i) of such Act [[8 U.S.C. 1231(b)(3)(B)(i)]];“(ii) has been physically present in the United States for a continuous period of not less than 7 years immediately preceding the date of such application;“(iii) has been a person of good moral character during such period; and“(iv) establishes that removal would result in extreme hardship to the alien or to the alien’s spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence; or“(B) the alien—“(i) is inadmissible or deportable under section 212(a)(2), 237(a)(2) (other than 237(a)(2)(A)(iii)), or 237(a)(3) of the Immigration and Nationality Act [[8 U.S.C. 1182(a)(2)], 1227(a)(2), (3)];“(ii) is not an alien described in section 241(b)(3)(B)(i) or 101(a)(43) of such Act [[8 U.S.C. 1231(b)(3)(B)(i)], 1101(a)(43)];“(iii) has been physically present in the United States for a continuous period of not less than 10 years immediately following the commission of an act, or the assumption of a status, constituting a ground for removal;“(iv) has been a person of good moral character during such period; and“(v) establishes that removal would result in exceptional and extremely unusual hardship to the alien or to the alien’s spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence.“(2)Treatment of certain breaks in presence.—Section 240A(d)(2) [[8 U.S.C. 1229b(d)(2)]] shall apply for purposes of calculating any period of continuous physical presence under this subsection, except that the reference to subsection (b)(1) in such section shall be considered to be a reference to paragraph (1) of this section.“(g)Motions To Reopen Deportation or Removal Proceedings.—Notwithstanding any limitation imposed by law on motions to reopen removal or deportation proceedings (except limitations premised on an alien’s conviction of an aggravated felony (as defined in section 101(a) of the Immigration and Nationality Act [[8 U.S.C. 1101(a)]])), any alien who has become eligible for cancellation of removal or suspension of deportation as a result of the amendments made by section 203 of the Nicaraguan Adjustment and Central American Relief Act [[Pub. L. 105–100], amending this note] may file one motion to reopen removal or deportation proceedings to apply for cancellation of removal or suspension of deportation. The Attorney General shall designate a specific time period in which all such motions to reopen are required to be filed. The period shall begin not later than 60 days after the date of the enactment of the Nicaraguan Adjustment and Central American Relief Act [Nov. 19, 1997] and shall extend for a period not to exceed 240 days.“(h) Relief and Motions to Reopen.—“(1)Relief.—An alien described in subsection (c)(5)(C)(i) who is otherwise eligible for—“(A) suspension of deportation pursuant to section 244(a) of the Immigration and Nationality Act [[8 U.S.C. 1254a(a)]], as in effect before the title III–A effective date; or“(B) cancellation of removal, pursuant to section 240A(b) of the Immigration and Nationality Act [[8 U.S.C. 1229b(b)]] and subsection (f) of this section;shall not be barred from applying for such relief by operation of section 241(a)(5) of the Immigration and Nationality Act [[8 U.S.C. 1231(a)(5)]], as in effect after the title III–A effective date.“(2)Additional motion to reopen permitted.—Notwithstanding any limitation imposed by law on motions to reopen removal or deportation proceedings (except limitations premised on an alien’s conviction of an aggravated felony (as defined by section 101(a) of the Immigration and Nationality Act [[8 U.S.C. 1101(a)]])), any alien who is described in subsection (c)(5)(C)(i) and who has become eligible for cancellation of removal or suspension of deportation as a result of the enactment of paragraph (1) may file one motion to reopen removal or deportation proceedings in order to apply for cancellation of removal or suspension of deportation. The scope of any proceeding reopened on this basis shall be limited to a determination of the alien’s eligibility for cancellation of removal or suspension of deportation. The Attorney General shall designate a specific time period in which all such motions to reopen are required to be filed. The period shall begin not later than 60 days after the date of the enactment of this subsection [Dec. 21, 2000] and shall extend for a period not to exceed 240 days.“(3)Construction.—Nothing in this subsection shall preclude an alien from filing a motion to reopen pursuant to section 240(b)(5)(C)(ii) of the Immigration and Nationality Act [[8 U.S.C. 1229a(b)(5)(C)(ii)]], or section 242B(c)(3)(B) of such Act [[8 U.S.C. 1252b(c)(3)(B)]] (as in effect before the title III–A effective date).”
[[Pub. L. 106–386, div. B, title V, § 1506(b)(4)], Oct. 28, 2000, [114 Stat. 1528], provided that: “The amendments made by paragraph (3) [amending [section 309 of Pub. L. 104–208], div. C, set out above] shall take effect as if included in the enactment of section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 [[Pub. L. 104–208]] ([8 U.S.C. 1101] note).”
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[[Pub. L. 106–386, div. B, § 1510(c)], Oct. 28, 2000, [114 Stat. 1532], provided that: “The amendments made by subsections (a) [amending [section 202 of Pub. L. 105–100], set out as a note under [section 1255 of this title]] and (b) [amending [section 309 of Pub. L. 104–208], div. C, set out above] shall be effective as if included in the Nicaraguan Adjustment and Central American Relief Act ([8 U.S.C. 1255] note; [Public Law 105–100], as amended).”
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[[Pub. L. 105–100, title II, § 203(f)], Nov. 19, 1997, [111 Stat. 2200], provided that: “The amendments made by this section to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 [amending [section 309 of Pub. L. 104–208], div. C, set out above] shall take effect as if included in the enactment of such Act.”
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[[Pub. L. 104–302, § 2], Oct. 11, 1996, [110 Stat. 3657], provided that the amendment made by that section to [section 309 of Pub. L. 104–208], set out above, is effective Sept. 30, 1996.]
[Pub. L. 104–208, div. C, title III, § 321(c)], Sept. 30, 1996, [110 Stat. 3009–628], provided that: “The amendments made by this section [amending this section] shall apply to actions taken on or after the date of the enactment of this Act [Sept. 30, 1996], regardless of when the conviction occurred, and shall apply under section 276(b) of the Immigration and Nationality Act [[8 U.S.C. 1326(b)]] only to violations of section 276(a) of such Act occurring on or after such date.”
[Pub. L. 104–208, div. C, title III, § 322(c)], Sept. 30, 1996, [110 Stat. 3009–629], provided that: “The amendments made by subsection (a) [amending this section and [section 1182 of this title]] shall apply to convictions and sentences entered before, on, or after the date of the enactment of this Act [Sept. 30, 1996]. Subparagraphs (B) and (C) of section 240(c)(3) of the Immigration and Nationality Act [[8 U.S.C. 1229a(c)(3)(B)], (C)], as inserted by section 304(a)(3) of this division, shall apply to proving such convictions.”
[Pub. L. 104–208, div. C, title III, § 361(b)], Sept. 30, 1996, [110 Stat. 3009–645], provided that: “The amendment made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Sept. 30, 1996].”
[Pub. L. 104–208, div. C, title III, § 371(d)(1)], Sept. 30, 1996, [110 Stat. 3009–646], provided that: “Subsections (a) and (b) [amending this section and sections 1105a, 1159, 1224, 1225, 1226, 1252, 1252b, 1323, and 1362 of this title] shall take effect on the date of the enactment of this Act [Sept. 30, 1996].”
[Pub. L. 104–208, div. C, title V, § 591], Sept. 30, 1996, [110 Stat. 3009–688], provided that: “Except as provided in this title [enacting sections 1369 to 1371 and 1623 and 1624 of this title, amending sections 1182, 1183, 1183a, 1612, 1631, 1632, 1641, and 1642 of this title, [section 506 of Title 18], Crimes and Criminal Procedure, [section 1091 of Title 20], Education, and sections 402, 1320b–7, and 1436a of Title 42, The Public Health and Welfare, enacting provisions set out as notes under this section, sections 1182, 1183a, 1611, 1612, and 1621 of this title, and sections 402 and 1436a of Title 42, and repealing provisions set out as a note under [section 1183a of this title]], this title and the amendments made by this title shall take effect on the date of the enactment of this Act [Sept. 30, 1996].”
[Pub. L. 104–208, div. C, title VI, § 625(c)], Sept. 30, 1996, [110 Stat. 3009–700], provided that: “The amendments made by subsection (a) [amending this section and [section 1184 of this title]] shall apply to individuals who obtain the status of a nonimmigrant under section 101(a)(15)(F) of the Immigration and Nationality Act [[8 U.S.C. 1101(a)(15)(F)]] after the end of the 60-day period beginning on the date of the enactment of this Act [Sept. 30, 1996], including aliens whose status as such a nonimmigrant is extended after the end of such period.”
[Pub. L. 104–208, div. C, title VI, § 671(a)(7)], Sept. 30, 1996, [110 Stat. 3009–721], provided that: “The amendments made by this subsection [amending this section, sections 1184, 1251, 1255, 1258, and 1324 of this title, and provisions set out as a note under [section 1252 of this title]] shall be effective as if included in the enactment of the VCCLEA [[Pub. L. 103–322]].”
[Pub. L. 104–208, div. C, title VI, § 671(b)(14)], Sept. 30, 1996, [110 Stat. 3009–722], provided that: “Except as otherwise provided in this subsection [amending this section and sections 1252a, 1255b, 1323, 1356, and 1483 of this title, enacting provisions set out as notes under sections 1161 and 1433 of this title, and amending provisions set out as notes under this section and sections 1255a, 1323, and 1401 of this title], the amendments made by this subsection shall take effect as if included in the enactment of INTCA [[Pub. L. 103–416]].”
[Pub. L. 104–132, title IV, § 440(f)], Apr. 24, 1996, [110 Stat. 1278], provided that: “The amendments made by subsection (e) [amending this section] shall apply to convictions entered on or after the date of the enactment of this Act [Apr. 24, 1996], except that the amendment made by subsection (e)(3) [amending this section] shall take effect as if included in the enactment of section 222 of the Immigration and Nationality Technical Corrections Act of 1994 [[Pub. L. 103–416]].”
Effective Date of 1994 Amendments
[Pub. L. 103–416, title II, § 219(dd)], Oct. 25, 1994, [108 Stat. 4319], provided that: “Except as otherwise specifically provided in this section, the amendments made by this section [amending this section and sections 1151, 1153, 1154, 1160, 1182, 1188, 1251, 1252, 1252b, 1254a, 1255, 1255a, 1256, 1288, 1302, 1322, 1323, 1324a, 1324b, 1324c, 1330, 1356, 1421, 1424, 1444, 1449, and 1522 of this title, repealing [section 1161 of this title], amending provisions set out as notes under this section and sections 1182, 1254a, 1255, 1255a, and 1356 of this title, and repealing provisions set out as a note under [section 1288 of this title]] shall be effective as if included in the enactment of the Immigration Act of 1990 [[Pub. L. 101–649]].”
[Pub. L. 103–416, title II, § 222(b)], Oct. 25, 1994, [108 Stat. 4322], provided that: “The amendments made by this section [amending this section] shall apply to convictions entered on or after the date of enactment of this Act [Oct. 25, 1994].”
Amendment by [Pub. L. 103–236] applicable with respect to officials, offices, and bureaus of Department of State when executive orders, regulations, or departmental directives implementing the amendments by sections 161 and 162 of [Pub. L. 103–236] become effective, or 90 days after Apr. 30, 1994, whichever comes earlier, see [section 161(b) of Pub. L. 103–236], as amended, set out as a note under [section 2651a of Title 22], Foreign Relations and Intercourse.
Effective Date of 1991 Amendment
[Pub. L. 102–232, title II, § 208], Dec. 12, 1991, [105 Stat. 1742], provided that: “The provisions of, and amendments made by, this title [amending this section and [section 1184 of this title] and enacting provisions set out as notes under this section and [section 1184 of this title]] shall take effect on April 1, 1992.”
[Pub. L. 102–232, title III, § 302(e)(8)], Dec. 12, 1991, [105 Stat. 1746], provided that the amendments made by section 302(e)(8)(A) are effective as if included in section 162(e) of the Immigration Act of 1990, [Pub. L. 101–649].
[Pub. L. 102–232, title III, § 305(m)], Dec. 12, 1991, [105 Stat. 1750], provided that the amendments made by section 305(m)(1) are effective as if included in section 407(d) of the Immigration Act of 1990, [Pub. L. 101–649].
[Pub. L. 102–232, title III, § 310], Dec. 12, 1991, [105 Stat. 1759], as amended by [Pub. L. 103–416, title II, § 219(z)(9)], Oct. 25, 1994, [108 Stat. 4318], provided that: “Except as otherwise specifically provided, the amendments made by (and provisions of)—“(1) sections 302 through 308 [amending this section, sections 1102, 1105a, 1151 to 1154, 1157, 1159 to 1161, 1182, 1184, 1186a to 1188, 1201, 1221, 1226, 1227, 1229, 1251, 1252, 1252b, 1254 to 1255a, 1281, 1282, 1284, 1288, 1322, 1323, 1324a to 1324c, 1325, 1357, 1421, 1423, 1433, 1439 to 1441, 1443, 1445 to 1449, 1451, 1452, and 1455 of this title, and [section 3753 of Title 42], The Public Health and Welfare, enacting provisions set out as notes under this section and sections 1151, 1157, 1160, 1182, 1251, 1252, 1254a, and 1255 of this title, and amending provisions set out as notes under this section and sections 1105a, 1153, 1158, 1160, 1184, 1201, 1251, 1254a, 1255, and 1421 of this title] shall take effect as if included in the enactment of the Immigration Act of 1990 [[Pub. L. 101–649]], and“(2) section 309(b) [amending this section and sections 1154, 1160, 1182, 1188, 1252, 1252a, 1324a, 1356, 1424, and 1455 of this title and enacting provisions set out as a note under this section] shall take effect on the date of the enactment of this Act [Dec. 12, 1991].”
[Pub. L. 102–110, § 2(d)], Oct. 1, 1991, [105 Stat. 557], provided that: “This section [amending this section and sections 1153 and 1255 of this title] shall take effect 60 days after the date of the enactment of this Act [Oct. 1, 1991].”
Effective Date of 1990 Amendment
[Pub. L. 101–649, title I, § 161], Nov. 29, 1990, [104 Stat. 5008], as amended by [Pub. L. 102–110, § 4], Oct. 1, 1991, [105 Stat. 557]; [Pub. L. 102–232, title III, § 302(e)(1)], (2), Dec. 12, 1991, [105 Stat. 1745]; [Pub. L. 103–416, title II], §§ 218, 219(aa), Oct. 25, 1994, [108 Stat. 4316], 4319; [Pub. L. 104–208, div. C, title VI, § 671(f)], Sept. 30, 1996, [110 Stat. 3009–724], provided that:“(a)In General.—Except as otherwise provided in this title, this title and the amendments made by this title [enacting [section 1186b of this title], amending this section, sections 1103, 1151 to 1154, 1157, 1159, 1182, 1251, 1254, 1255, and 1325 of this title, [section 3304 of Title 26], Internal Revenue Code, and [section 1382c of Title 42], The Public Health and Welfare, enacting provisions set out as notes under this section and sections 1152, 1153, 1159, 1182, 1201, and 1251 of this title, and amending provisions set out as notes under [section 1255 of this title]] shall take effect on October 1, 1991, and apply beginning with fiscal year 1992.“(b)Provisions Taking Effect Upon Enactment.—The following sections (and amendments made by such sections) shall take effect on the date of the enactment of this Act [Nov. 29, 1990] and (unless otherwise provided) apply to fiscal year 1991:“(1) Section 103 [enacting provisions set out as a note under [section 1152 of this title]] (relating to per country limitation for Hong Kong).“(2) Section 104 [amending sections 1157 and 1159 of this title and enacting provisions set out as notes under [section 1159 of this title]] (relating to asylee adjustments).“(3) Section 124 [enacting provisions set out as a note under [section 1153 of this title]] (relating to transition for employees of certain U.S. businesses in Hong Kong).“(4) Section 133 [enacting provisions set out as a note under [section 1153 of this title]] (relating to one-year diversity transition for aliens who have been notified of availability of NP–5 visas).“(5) Section 134 [enacting provisions set out as a note under [section 1153 of this title]] (relating to transition for displaced Tibetans).“(6) Section 153 [amending this section and [section 1251 of this title] and enacting provisions set out as a note under [section 1251 of this title]] (relating to special immigrants who are dependent on a juvenile court).“(7) Section 154 [enacting provisions set out as a note under [section 1201 of this title]] (permitting extension of validity of visas for certain residents of Hong Kong).“(8) Section 155 [enacting provisions set out as a note under [section 1153 of this title]] (relating to expedited issuance of Lebanese second and fifth preference visas).“(9) Section 162(b) [amending [section 1154 of this title]] (relating to immigrant visa petitioning process), but only insofar as such section relates to visas for fiscal years beginning with fiscal year 1992.“(c) General Transitions.—“(1) In the case of a petition filed under section 204(a) of the Immigration and Nationality Act [[8 U.S.C. 1154(a)]] before October 1, 1991, for preference status under section 203(a)(3) or section 203(a)(6) of such Act [[8 U.S.C. 1153(a)(3)], (6)] (as in effect before such date)—“(A) in order to maintain the priority date with respect to such a petition, the petitioner must file (by not later than October 1, 1993) a new petition for classification of the employment under paragraph (1), (2), or (3) of section 203(b) of such Act (as amended by this title), and“(B) any labor certification under section 212(a)(5)(A) of such Act required with respect to the new petition shall be deemed approved if the labor certification with respect to the previous petition was previously approved under section 212(a)(14) of such Act.In the case of a petition filed under section 204(a) of such Act before October 1, 1991, but which is not described in paragraph (4), and for which a filing fee was paid, any additional filing fee shall not exceed one-half of the fee for the filing of the new petition referred to in subparagraph (A).“(2) Any petition filed under section 204(a) of the Immigration and Nationality Act before October 1, 1991, for preference status under section 203(a)(4) or section 203(a)(5) of such Act (as in effect before such date) shall be deemed, as of such date, to be a petition filed under such section for preference status under section 203(a)(3) or section 203(a)(4), respectively, of such Act (as amended by this title).“(3) In the case of an alien who is described in section 203(a)(8) of the Immigration and Nationality Act (as in effect before October 1, 1991) as the spouse or child of an alien admitted for permanent residence as a preference immigrant under section 203(a)(3) or 203(a)(6) of such Act (as in effect before such date) and who would be entitled to enter the United States under such section 203(a)(8) but for the amendments made by this title [see subsec. (a) above], such an alien shall be deemed to be described in section 203(d) of such Act as the spouse or child of an alien described in section 203(b)(2) or 203(b)(3)(A)(i), respectively, of such Act with the same priority date as that of the principal alien.“(4)(A) Subject to subparagraph (B), any petition filed before October 1, 1991, and approved on any date, to accord status under section 203(a)(3) or 203(a)(6) of the Immigration and Nationality Act (as in effect before such date) shall be deemed, on and after October 1, 1991 (or, if later, the date of such approval), to be a petition approved to accord status under section 203(b)(2) or under the appropriate classification under section 203(b)(3), respectively, of such Act (as in effect on and after such date). Nothing in this subparagraph shall be construed as exempting the beneficiaries of such petitions from the numerical limitations under section 203(b)(2) or 203(b)(3) of such Act.“(B) Subparagraph (A) shall not apply more than two years after the date the priority date for issuance of a visa on the basis of such a petition has been reached.“(d)Admissibility Standards.—When an immigrant, in possession of an unexpired immigrant visa issued before October 1, 1991, makes application for admission, the immigrant’s admissibility under paragraph (7)(A) of section 212(a) of the Immigration and Nationality Act [[8 U.S.C. 1182(a)(7)(A)]] shall be determined under the provisions of law in effect on the date of the issuance of such visa.“(e)Construction.—Nothing in this title [see subsec. (a) above] shall be construed as affecting the provisions of [section 19 of Public Law 97–116] [[8 U.S.C. 1151] note], [section 2(c)(1) of Public Law 97–271] [[8 U.S.C. 1255] note], or [section 202(e) of Public Law 99–603] [[8 U.S.C. 1255a] note].”
[[Pub. L. 103–416, title II, § 219(aa)], Oct. 25, 1994, [108 Stat. 4319], provided that the amendment made by section 219(aa) to [section 161(c)(3) of Pub. L. 101–649], set out above, is effective as if included in [section 4 of Pub. L. 102–110], see below.]
[[Pub. L. 102–110, § 4], Oct. 1, 1991, [105 Stat. 557], provided that the amendment made by section 4, adding pars. (3) and (4) to [section 161(c) of Pub. L. 101–649], set out above, is effective as if included in the Immigration Act of 1990, [Pub. L. 101–649].]
[Pub. L. 101–649, title I, § 162(f)(3)], Nov. 29, 1990, [104 Stat. 5012], provided that: “The amendments made by this subsection [amending this section, [section 1182 of this title], and provisions set out as a note under [section 1255 of this title]] shall apply as though included in the enactment of the Immigration Nursing Relief Act of 1989 [[Pub. L. 101–238]].”
[Pub. L. 101–649, title II, § 203(d)], Nov. 29, 1990, [104 Stat. 5019], provided that: “The amendments made by this section [enacting [section 1288 of this title] and amending this section and [section 1281 of this title]] shall apply to services performed on or after 180 days after the date of the enactment of this Act [Nov. 29, 1990].”
[Pub. L. 101–649, title II, § 231], Nov. 29, 1990, [104 Stat. 5028], provided that: “Except as otherwise provided in this title, this title, and the amendments made by this title [enacting [section 1288 of this title], amending this section and sections 1182, 1184, 1187, 1281, and 1323 of this title, and enacting provisions set out as notes under this section and sections 1182, 1184, 1187, and 1288 of this title], shall take effect on October 1, 1991, except that sections 222 and 223 [enacting provisions set out as notes under this section] shall take effect on the date of the enactment of this Act [Nov. 29, 1990].”
Amendment by [section 407(a)(2) of Pub. L. 101–649] effective Nov. 29, 1990, with general savings provisions, see section 408(a)(3), (d) of [Pub. L. 101–649], set out as an Effective Date of 1990 Amendment; Savings Provisions note under [section 1421 of this title].
[Pub. L. 101–649, title V, § 501(b)], Nov. 29, 1990, [104 Stat. 5048], provided that: “The amendments made by subsection (a) [amending this section] shall apply to offenses committed on or after the date of the enactment of this Act [Nov. 29, 1990], except that the amendments made by paragraphs (2) and (5) of subsection (a) shall be effective as if included in the enactment of section 7342 of the Anti-Drug Abuse Act of 1988 [[Pub. L. 100–690]].”
[Pub. L. 101–649, title V, § 509(b)], Nov. 29, 1990, [104 Stat. 5051], as amended by [Pub. L. 102–232, title III, § 306(a)(7)], Dec. 12, 1991, [105 Stat. 1751], provided that: “The amendment made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Nov. 29, 1990] and shall apply to convictions occurring on or after such date, except with respect to conviction for murder which shall be considered a bar to good moral character regardless of the date of the conviction.”
[Pub. L. 101–649, title VI, § 601(e)], Nov. 29, 1990, [104 Stat. 5077], provided that:“(1) Except as provided in paragraph (2), the amendments made by this section [amending [section 1182 of this title]] and by section 603(a) of this Act [amending this section and sections 1102, 1153, 1157, 1159, 1160, 1161, 1181, 1183, 1201, 1224, 1225, 1226, 1254a, 1255a, 1259, 1322, and 1327 of this title, repealing [section 2691 of Title 22], Foreign Relations and Intercourse, amending provisions set out as notes under this section and sections 1255 and 1255a of this title, and repealing provisions set out as notes under [section 1182 of this title]] shall apply to individuals entering the United States on or after June 1, 1991.“(2) The amendments made by paragraphs (5) and (13) of section 603(a) [amending sections 1160 and 1255a of this title] shall apply to applications for adjustment of status made on or after June 1, 1991.”
Effective Date of 1989 Amendment
Amendment by [Pub. L. 101–238] applicable to classification petitions filed for nonimmigrant status only during the 5-year period beginning on the first day of the 9th month beginning after Dec. 18, 1989, see [section 3(d) of Pub. L. 101–238], set out as a note under [section 1182 of this title].
[Pub. L. 101–162, title VI, § 611(b)], Nov. 21, 1989, [103 Stat. 1039], provided that: “The amendment made by subsection (a) [amending this section] shall take effect on October 1, 1989, upon the expiration of the similar amendment made by section 210(a) of the Department of Justice Appropriations Act, 1989 (title II of [Public Law 100–459], [102 Stat. 2203]).”
Effective and Termination Dates of 1988 Amendment
[Pub. L. 100–525, § 2(s)], Oct. 24, 1988, [102 Stat. 2614], provided that: “The amendments made by this section [amending this section, sections 1160, 1161, 1184, 1186, 1187, 1188, 1251, 1254, 1255, 1255a, 1259, 1324, 1324a, 1324b, and 1357 of this title, [section 1546 of Title 18], Crimes and Criminal Procedure, and [section 1091 of Title 20], Education, amending provisions set out as notes under this section and sections 1188 and 1255a of this title and [section 1802 of Title 29], Labor, and repealing provisions set out as a note under [section 1255a of this title]] shall be effective as if they were included in the enactment of the Immigration Reform and Control Act of 1986 [[Pub. L. 99–603]].”
[Pub. L. 102–232, title III, § 309(b)(15)], Dec. 12, 1991, [105 Stat. 1759], provided that: “The amendments made by section 8 of the Immigration Technical Corrections Act of 1988 [[Pub. L. 100–525], amending this section, sections 1152, 1182, 1201 to 1202, 1301, 1302, 1304, 1356, 1409, 1431 to 1433, 1452, 1481, and 1483 of this title, and [section 4195 of Title 22], Foreign Relations and Intercourse, enacting provisions set out as notes under this section, sections 1153, 1201, 1401, 1409, 1451, and 1481 of this title, and [section 4195 of Title 22], and amending provisions set out as notes under this section and [section 1153 of this title]] shall be effective as if included in the enactment of the Immigration and Nationality Act Amendments of 1986 ([Public Law 99–653]).”
[Pub. L. 100–459, title II, § 210(b)], Oct. 1, 1988, [102 Stat. 2203], provided that: “The amendment made by subsection (a) [amending this section] shall take effect as if included in the enactment of section 315 of the Immigration Reform and Control Act of 1986 [[Pub. L. 99–603]] and shall expire on October 1, 1989.”
Effective Date of 1986 Amendment
[Pub. L. 99–653, § 23(a)], as added by [Pub. L. 100–525, § 8(r)], Oct. 24, 1988, [102 Stat. 2618], provided that: “The amendments made by sections 2, 4, and 7 [amending this section and sections 1152, 1182, 1228, 1251, and 1356 of this title] apply to visas issued, and admissions occurring, on or after November 14, 1986.”
Amendment by [section 301(a) of Pub. L. 99–603] applicable to petitions and applications filed under sections 1184(c) and 1188 of this title on or after the first day of the seventh month beginning after Nov. 6, 1986, see [section 301(d) of Pub. L. 99–603], as amended, set out as an Effective Date note under [section 1188 of this title].
Effective Date of 1981 Amendment
[Pub. L. 97–116, § 21], Dec. 29, 1981, [95 Stat. 1622], provided that:“(a) Except as provided in subsection (b) and in section 5(c) [set out as a note under [section 1182 of this title]], the amendments made by this Act [see Short Title of 1981 Amendment note below] shall take effect on the date of the enactment of this Act [Dec. 29, 1981].“(b)(1) The amendments made by section 2(a) [amending this section] shall apply on and after the first day of the sixth month beginning after the date of the enactment of this Act [Dec. 29, 1981].“(2) The amendment made by section 16 [amending [section 1455 of this title]] shall apply to fiscal years beginning on or after October 1, 1981.”
Effective Date of 1980 Amendment
[Pub. L. 96–212, title II, § 204(a)]–(c), Mar. 17, 1980, [94 Stat. 108], provided that:“(a) Except as provided in subsections (b) and (c), this title and the amendments made by this title [enacting sections 1157, 1158, and 1159 of this title, amending this section and sections 1151 to 1153, 1181, 1182, 1253, and 1254 of this title, enacting provisions set out as notes under sections 1153, 1157, 1158, 1182, and 1521 of this title, and amending provisions set out as a note under sections 1182 and 1255 of this title] shall take effect on the date of the enactment of this Act [Mar. 17, 1980], and shall apply to fiscal years beginning with the fiscal year beginning October 1, 1979.“(b)(1)(A) Section 207(c) of the Immigration and Nationality Act (as added by section 201(b) of this Act) [[section 1157(c) of this title]] and the amendments made by subsections (b), (c), and (d) of section 203 of this Act [amending sections 1152, 1153, 1182, and 1254 of this title] shall take effect on April 1, 1980.“(B) The amendments made by section 203(f) [amending [section 1182 of this title]] shall apply to aliens paroled into the United States on or after the sixtieth day after the date of the enactment of this Act [Mar. 17, 1980].“(C) The amendments made by section 203(i) [amending [section 1153 of this title] and provisions set out as notes under [section 1255 of this title]] shall take effect immediately before April 1, 1980.“(2) Notwithstanding sections 207(a) and 209(b) of the Immigration and Nationality Act (as added by section 201(b) of this Act) [sections 1157(a) and 1159(b) of this title], the fifty thousand and five thousand numerical limitations specified in such respective sections shall, for fiscal year 1980, be equal to 25,000 and 2,500, respectively.“(3) Notwithstanding any other provision of law, for fiscal year 1980—“(A) the fiscal year numerical limitation specified in section 201(a) of the Immigration and Nationality Act [[section 1151(a) of this title]] shall be equal to 280,000, and“(B) for the purpose of determining the number of immigrant visa and adjustments of status which may be made available under sections 203(a)(2) and 202(e)(2) of such Act [sections 1153(a)(2) and 1152(e)(2) of this title], the granting of a conditional entry or adjustment of status under section 203(a)(7) or 202(e)(7) of such Act after September 30, 1979, and before April 1, 1980, shall be considered to be the granting of an immigrant visa under section 203(a)(2) or 202(e)(2), respectively, of such Act during such period.“(c)(1) The repeal of subsections (g) and (h) of section 203 of the Immigration and Nationality Act, made by [section 203(c)(8) of this title] [section 1153(g) and (h) of this title], shall not apply with respect to any individual who before April 1, 1980, was granted a conditional entry under section 203(a)(7) of the Immigration and Nationality Act (and under section 202(e)(7) of such Act [[section 1152(e)(7) of this title]], if applicable), as in effect immediately before such date, and it shall not apply to any alien paroled into the United States before April 1, 1980, who is eligible for the benefits of [section 5 of Public Law 95–412] [set out as a note under [section 1182 of this title]].“(2) An alien who, before April 1, 1980, established a date of registration at an immigration office in a foreign country on the basis of entitlement to a conditional entrant status under section 203(a)(7) of the Immigration and Nationality Act (as in effect before such date) [[section 1153(a)(7) of this title]], shall be deemed to be entitled to refugee status under section 207 of such Act (as added by [section 201(b) of this title]) [[section 1157 of this title]] and shall be accorded the date of registration previously established by that alien. Nothing in this paragraph shall be construed to preclude the acquisition by such an alien of a preference status under section 203(a) of such Act.“(3) The provisions of paragraphs (14), (15), (20), (21), (25), and (32) if section 212(a) of the Immigration and Nationality Act [former section 1182(a)(14), (15), (20), (21), (25), and (32) of this title] shall not be applicable to any alien who has entered the United States before April 1, 1980, pursuant to section 203(a)(7) of such Act [[section 1153(a)(7) of this title]] or who has been paroled as a refugee into the United States under section 212(d)(5) of such Act, and who is seeking adjustment of status, and the Attorney General may waive any other provision of section 212(a) of such Act (other than paragraph (27), (29), or (33) and other than so much of paragraph (23) as relates to trafficking in narcotics) with respect to such an alien for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest.”
Effective Date of 1979 Amendment
[Pub. L. 96–70, title III, § 3201(d)(1)], Sept. 27, 1979, [93 Stat. 497], provided that: “The amendments made by this section [amending this section and [section 1182 of this title]] shall take effect on the date of the enactment of this Act [Sept. 27, 1979].”
Effective Date of 1977 Amendment
[Pub. L. 94–484, title VI, § 602(d)], as added by [Pub. L. 95–83, title III, § 307(q)(3)], Aug. 1, 1977, [91 Stat. 395], provided that: “This section [amending this section and enacting provisions set out as a note under [section 1182 of this title]] and the amendment made by subsection (c) [amending this section] are effective January 10, 1977, and the amendments made by subsections (b)(4) and (d) of section 601 [amending this section and [section 1182 of this title]] shall apply only on and after January 10, 1978, notwithstanding subsection (f) of such section [set out as an Effective Date of 1976 Amendments note under [section 1182 of this title]].”
Effective Date of 1976 Amendment
[Pub. L. 94–571, § 10], Oct. 20, 1976, [90 Stat. 2707], provided that: “The foregoing provisions of this Act, including the amendments made by such provisions [see Short Title of 1976 Amendment note below], shall become effective on the first day of the first month which begins more than sixty days after the date of enactment of this Act [Oct. 20, 1976].”
Amendment by [section 601(b)(4) of Pub. L. 94–484] applicable only on and after Jan. 10, 1978, notwithstanding [section 601(f) of Pub. L. 94–484], see [section 602(d) of Pub. L. 94–484], as added by [section 307(q)(3) of Pub. L. 95–83], set out as an Effective Date of 1977 Amendment note above.
Amendment by [Pub. L. 94–484] effective ninety days after Oct. 12, 1976, see [section 601(f) of Pub. L. 94–484], set out as a note under [section 1182 of this title].
Effective Date of 1965 Amendment
For effective date of amendment by [Pub. L. 89–236], see [section 20 of Pub. L. 89–236], set out as a note under [section 1151 of this title].
Effective Date
Effective Date
[Act June 27, 1952, ch. 477], title IV, § 407, [66 Stat. 281], provided that: “Except as provided in subsection (k) of section 401 [former [section 1106(k) of this title]], this Act [this chapter] shall take effect at 12:01 ante meridian United States Eastern Standard Time on the one hundred eightieth day immediately following the date of its enactment [June 27, 1952].”
Short Title Of Amendment
Short Title of 2014 Amendment
[Pub. L. 113–74, § 1], Jan. 16, 2014, [127 Stat. 1212], provided that: “This Act [amending [section 1431 of this title]] may be cited as the ‘Accuracy for Adoptees Act’.”
Short Title of 2010 Amendment
[Pub. L. 111–287, § 1], Nov. 30, 2010, [124 Stat. 3058], provided that: “This Act [amending this section and [section 1182 of this title] and enacting provisions set out as a note under this section] may be cited as [the] ‘International Adoption Simplification Act’.”
Short Title of 2008 Amendment
[Pub. L. 110–391, § 1], Oct. 10, 2008, [122 Stat. 4193], provided that: “This Act [amending this section and enacting provisions set out as notes under this section] may be cited as [the] ‘Special Immigrant Nonminister Religious Worker Program Act’.”
[Pub. L. 110–382, § 1], Oct. 9, 2008, [122 Stat. 4087], which provided that [Pub. L. 110–382] could be cited as the “Military Personnel Citizenship Processing Act”, was repealed by [Pub. L. 110–382, § 4], Oct. 9, 2008, [122 Stat. 4089], effective 5 years after Oct. 9, 2008.
[Pub. L. 110–251, § 1], June 26, 2008, [122 Stat. 2319], provided that: “This Act [enacting sections 1440f and 1440g of this title] may be cited as the ‘Kendell Frederick Citizenship Assistance Act’.”
Short Title of 2007 Amendment
[Pub. L. 110–53, title VII, § 711(a)], Aug. 3, 2007, [121 Stat. 338], provided that: “This section [amending [section 1187 of this title] and enacting provisions set out as notes under [section 1187 of this title]] may be cited as the ‘Secure Travel and Counterterrorism Partnership Act of 2007’.”
[Pub. L. 109–477, § 1], Jan. 12, 2007, [120 Stat. 3572], provided that: “This Act [enacting and amending provisions set out as notes under [section 1182 of this title]] may be cited as the ‘Physicians for Underserved Areas Act’.”
Short Title of 2006 Amendment
[Pub. L. 109–463, § 1], Dec. 22, 2006, [120 Stat. 3477], provided that: “This Act [amending [section 1184 of this title]] may be cited as either the ‘Creating Opportunities for Minor League Professionals, Entertainers, and Teams through Legal Entry Act of 2006’ or the ‘COMPETE Act of 2006’.”
[Pub. L. 109–423, § 1], Dec. 20, 2006, [120 Stat. 2900], provided that: “This Act [enacting and amending provisions set out as notes under [section 1182 of this title]] may be cited as the ‘Nursing Relief for Disadvantaged Areas Reauthorization Act of 2005’.”
[Pub. L. 109–367, § 1], Oct. 26, 2006, [120 Stat. 2638], provided that: “This Act [enacting provisions set out as a note under [section 1701 of this title] and amending provisions set out as a note under [section 1103 of this title]] may be cited as the ‘Secure Fence Act of 2006’.”
[Pub. L. 109–162, title VIII, § 831], Jan. 5, 2006, [119 Stat. 3066], provided that: “This subtitle [subtitle D (§§ 831–834) of title VIII of [Pub. L. 109–162], enacting [section 1375a of this title], amending [section 1184 of this title], repealing [section 1375 of this title], and enacting provisions set out as notes under sections 1184 and 1202 of this title] may be cited as the ‘International Marriage Broker Regulation Act of 2005’.”
Short Title of 2005 Amendment
[Pub. L. 109–13, div. B, § 1], May 11, 2005, [119 Stat. 302], provided that: “This division [enacting [section 1778 of this title], amending this section, sections 1157 to 1159, 1182, 1184, 1227, 1229a, 1231, 1252, and 1356 of this title, and [section 1028 of Title 18], Crimes and Criminal Procedure, enacting provisions set out as notes under this section, sections 1157, 1158, 1182, 1184, 1227, 1252, 1712, and 1721 of this title, and [section 30301 of Title 49], Transportation, amending provisions set out as notes under sections 1103, 1153, and 1184 of this title, and repealing provisions set out as a note under [section 30301 of Title 49]] may be cited as the ‘REAL ID Act of 2005’.”
[Pub. L. 109–13, div. B, title IV, § 401], May 11, 2005, [119 Stat. 318], provided that: “This title [amending sections 1184 and 1356 of this title and enacting and amending provisions set out as notes under [section 1184 of this title]] may be cited as the ‘Save Our Small and Seasonal Businesses Act of 2005’.”
Short Title of 2004 Amendment
[Pub. L. 108–447, div. J, title IV, § 401], Dec. 8, 2004, [118 Stat. 3351], provided that: “This title [enacting sections 1380 and 1381 of this title, amending sections 1182, 1184, and 1356 of this title, [section 2916a of Title 29], Labor, and [section 1869c of Title 42], The Public Health and Welfare, and enacting provisions set out as notes under this section and sections 1182 and 1184 of this title] may be cited as the ‘L–1 Visa and H–1B Visa Reform Act’.”
[Pub. L. 108–447, div. J, title IV, § 411], Dec. 8, 2004, [118 Stat. 3351], provided that: “This subtitle [subtitle A (§§ 411–417) of title IV of div. J of [Pub. L. 108–447], enacting [section 1380 of this title], amending [section 1184 of this title], and enacting provisions set out as notes under [section 1184 of this title]] may be cited as the ‘L–1 Visa (Intracompany Transferee) Reform Act of 2004’.”
[Pub. L. 108–447, div. J, title IV, § 421], Dec. 8, 2004, [118 Stat. 3353], provided that: “This subtitle [subtitle B (§§ 421–430) of title IV of div. J of [Pub. L. 108–447], enacting [section 1381 of this title], amending sections 1182, 1184, and 1356 of this title, [section 2916a of Title 29], Labor, and [section 1869c of Title 42], The Public Health and Welfare, and enacting provisions set out as notes under sections 1182 and 1184 of this title] may be cited as the ‘H–1B Visa Reform Act of 2004’.”
Short Title of 2003 Amendment
[Pub. L. 108–156, § 1], Dec. 3, 2003, [117 Stat. 1944], provided that: “This Act [enacting provisions set out as a note under [section 1153 of this title] and amending provisions set out as notes under sections 1153, 1324a, and 1360 of this title] may be cited as the ‘Basic Pilot Program Extension and Expansion Act of 2003’.”
Short Title of 2002 Amendment
[Pub. L. 107–274, § 1], Nov. 2, 2002, [116 Stat. 1923], provided that: “This Act [amending this section and [section 1184 of this title]] may be cited as the ‘Border Commuter Student Act of 2002’.”
[Pub. L. 107–273, div. C, title I, § 11030(a)], Nov. 2, 2002, [116 Stat. 1836], provided that: “This section [amending [section 1440–1 of this title]] may be cited as the ‘Posthumous Citizenship Restoration Act of 2002’.”
[Pub. L. 107–258, § 1], Oct. 29, 2002, [116 Stat. 1738], provided that: “This Act [amending provisions set out as a note under [section 1157 of this title]] may be cited as the ‘Persian Gulf War POW/MIA Accountability Act of 2002’.”
[Pub. L. 107–208, § 1], Aug. 6, 2002, [116 Stat. 927], provided that: “This Act [amending sections 1151, 1153, 1154, 1157, and 1158 of this title and enacting provisions set out as a note under [section 1151 of this title]] may be cited as the ‘Child Status Protection Act’.”
[Pub. L. 107–150, § 1], Mar. 13, 2002, [116 Stat. 74], provided that: “This Act [amending sections 1182 and 1183a of this title and enacting provisions set out as a note under [section 1182 of this title]] may be cited as the ‘Family Sponsor Immigration Act of 2002’.”
[Pub. L. 107–128, § 1], Jan. 16, 2002, [115 Stat. 2407], provided that: “This Act [enacting and amending provisions set out as notes under [section 1324a of this title]] may be cited as the ‘Basic Pilot Extension Act of 2001’.”
Short Title of 2000 Amendment
[Pub. L. 106–554, § 1(a)(4)] [div. B, title XV, § 1501], Dec. 21, 2000, [114 Stat. 2763], 2763A–324, provided that: “This title [amending [section 1255 of this title], enacting provisions set out as notes under [section 1255 of this title], and amending provisions set out as notes under this section and [section 1255 of this title]] may be cited as the ‘LIFE Act Amendments of 2000’.”
[Pub. L. 106–553, § 1(a)(2)] [title XI, § 1101], Dec. 21, 2000, [114 Stat. 2762], 2762A–142, provided that: “This title [amending this section and sections 1184, 1186a, and 1255 of this title, and enacting provisions set out as notes under this section] may be cited as—“(1) the ‘Legal Immigration Family Equity Act’; or“(2) the ‘LIFE Act’.”
[Pub. L. 106–409, § 1], Nov. 1, 2000, [114 Stat. 1787], provided that: “This Act [amending this section and enacting provisions set out as a note under this section] may be cited as the ‘Religious Workers Act of 2000’.”
[Pub. L. 106–406, § 1], Nov. 1, 2000, [114 Stat. 1755], provided that: “This Act [amending [section 1229c of this title]] may be cited as the ‘International Patient Act of 2000’.”
[Pub. L. 106–396, § 1], Oct. 30, 2000, [114 Stat. 1637], provided that: “This Act [amending sections 1182, 1184, 1187, and 1372 of this title, enacting provisions set out as a note under [section 1187 of this title] and classified as a note under [section 763 of Title 47], Telecommunications, and amending provisions set out as a note under [section 1153 of this title]] may be cited as the ‘Visa Waiver Permanent Program Act’.”
[Pub. L. 106–395, § 1], Oct. 30, 2000, [114 Stat. 1631], provided that: “This Act [amending this section, sections 1182, 1227, 1431, and 1433 of this title, and sections 611 and 1015 of Title 18, Crimes and Criminal Procedure, repealing [section 1432 of this title], and enacting provisions set out as notes under this section, sections 1182, 1227, and 1431 of this title, and [section 611 of Title 18]] may be cited as the ‘Child Citizenship Act of 2000’.”
[Pub. L. 106–386, div. B, title V, § 1501], Oct. 28, 2000, [114 Stat. 1518], provided that: “This title [amending this section, sections 1151, 1154, 1182, 1184, 1227, 1229a, 1229b, 1255, 1367, 1430, and 1641 of this title, [section 1152 of Title 20], Education, and sections 3796gg, 3796hh, and 1397l of Title 42, The Public Health and Welfare, enacting provisions set out as notes under this section and sections 1229a, 1229b, and 1255 of this title, and amending provisions set out as notes under this section and [section 1255 of this title]] may be cited as the ‘Battered Immigrant Women Protection Act of 2000’.”
[Pub. L. 106–313, title I, § 101], Oct. 17, 2000, [114 Stat. 1251], provided that: “This title [amending sections 1152, 1154, 1182, 1184, and 1356 of this title, [section 2916a of Title 29], Labor, and [section 1869c of Title 42], The Public Health and Welfare, enacting provisions set out as notes under this section, sections 1153, 1184, and 1356 of this title, [section 2701 of Title 29], and sections 1862 and 13751 of Title 42, and amending provisions set out as a note under [section 1182 of this title]] may be cited as the ‘American Competitiveness in the Twenty-first Century Act of 2000’.”
[Pub. L. 106–215, § 1], June 15, 2000, [114 Stat. 337], provided that: “This Act [amending [section 1365a of this title] and enacting provisions set out as a note under [section 1365a of this title]] may be cited as the ‘Immigration and Naturalization Service Data Management Improvement Act of 2000’.”
Short Title of 1999 Amendment
[Pub. L. 106–95, § 1], Nov. 12, 1999, [113 Stat. 1312], provided that: “This Act [amending this section and sections 1153 and 1182 of this title, enacting provisions set out as a note under [section 1182 of this title], and amending provisions set out as a note under this section] may be cited as the ‘Nursing Relief for Disadvantaged Areas Act of 1999’.”
Short Title of 1998 Amendment
[Pub. L. 105–277, div. A, § 101(h)] [title IX, § 901], Oct. 21, 1998, [112 Stat. 2681–480], 2681–538, provided that: “This title [enacting sections 1377 and 1378 of this title and provisions set out as a note under [section 1255 of this title]] may be cited as the ‘Haitian Refugee Immigration Fairness Act of 1998’.”
[Pub. L. 105–277, div. C, title IV, § 401(a)], Oct. 21, 1998, [112 Stat. 2681–641], provided that: “This title [enacting [section 1869c of Title 42], The Public Health and Welfare, amending this section and sections 1182, 1184, and 1356 of this title, and enacting provisions set out as notes under sections 1182 and 1184 of this title and sections 2701 and 2916 of Title 29, Labor] may be cited as the ‘American Competitiveness and Workforce Improvement Act of 1998’.”
Short Title of 1997 Amendment
[Pub. L. 105–119, title I, § 112(a)], Nov. 26, 1997, [111 Stat. 2459], provided that: “This section [enacting, amending, and repealing provisions set out as notes under [section 1440 of this title]] may be cited as the ‘Philippine Army, Scouts, and Guerilla Veterans of World War II Naturalization Act of 1997’.”
[Pub. L. 105–100, title II, § 201], Nov. 19, 1997, [111 Stat. 2193], provided that: “This title [amending [section 1229b of this title], enacting provisions set out as notes under this section and sections 1151, 1153, 1229b, and 1255 of this title, and amending provisions set out as a note under this section] may be cited as the ‘Nicaraguan Adjustment and Central American Relief Act’.”
Short Title of 1996 Amendment
[Pub. L. 104–208, div. C, § 1(a)], Sept. 30, 1996, [110 Stat. 3009–546], provided that: “This division [see Tables for classification] may be cited as the ‘Illegal Immigration Reform and Immigrant Responsibility Act of 1996’.”
Short Title of 1994 Amendment
[Pub. L. 103–416, § 1], Oct. 25, 1994, [108 Stat. 4305], provided that: “This Act [see Tables for classification] may be cited as the ‘Immigration and Nationality Technical Corrections Act of 1994’.”
Short Title of 1991 Amendment
[Pub. L. 102–232, § 1(a)], Dec. 12, 1991, [105 Stat. 1733], provided that: “This Act [amending this section, sections 1102, 1105a, 1151 to 1154, 1157, 1159 to 1161, 1182, 1184, 1186a to 1188, 1201, 1221, 1226, 1227, 1229, 1251, 1252, 1252a, 1252b, 1254 to 1255a, 1281, 1282, 1284, 1288, 1322, 1323, 1324a to 1324c, 1325, 1356, 1357, 1421, 1423, 1424, 1433, 1439 to 1441, 1443, 1445 to 1452, and 1455 of this title, and [section 3753 of Title 42], The Public Health and Welfare, enacting provisions set out as notes under this section and sections 1151, 1157, 1160, 1182, 1184, 1251, 1252, 1254a, 1255, 1356, and 1421 of this title, and amending provisions set out as notes under this section and sections 1105a, 1153, 1158, 1160, 1184, 1201, 1251, 1254a, 1255, and 1421 of this title] may be cited as the ‘Miscellaneous and Technical Immigration and Naturalization Amendments of 1991’.”
[Pub. L. 102–232, title I, § 101], Dec. 12, 1991, [105 Stat. 1733], provided that: “This title [amending sections 1421, 1448, 1450, and 1455 of this title and enacting provisions set out as a note under [section 1421 of this title]] may be cited as the ‘Judicial Naturalization Ceremonies Amendments of 1991’.”
[Pub. L. 102–232, title II, § 201], Dec. 12, 1991, [105 Stat. 1736], provided that: “This title [amending this section and [section 1184 of this title] and enacting provisions set out as notes under this section and [section 1184 of this title]] may be cited as the ‘O and P Nonimmigrant Amendments of 1991’.”
[Pub. L. 102–232, title III, § 301(a)], Dec. 12, 1991, [105 Stat. 1742], provided that: “This title [amending this section, sections 1102, 1105a, 1151 to 1154, 1157, 1159 to 1161, 1182, 1184, 1186a to 1188, 1201, 1221, 1226, 1227, 1229, 1251, 1252, 1252a, 1252b, 1254 to 1255a, 1281, 1282, 1284, 1288, 1322, 1323, 1324a to 1324c, 1325, 1356, 1357, 1421, 1423, 1424, 1433, 1439 to 1441, 1443, 1445 to 1449, 1451, 1452, and 1455 of this title, and [section 3753 of Title 42], The Public Health and Welfare, enacting provisions set out as notes under this section and sections 1151, 1157, 1160, 1182, 1251, 1252, 1254a, 1255, and 1356 of this title, and amending provisions set out as notes under this section and sections 1105a, 1153, 1158, 1160, 1184, 1201, 1251, 1254a, 1255, and 1421 of this title] may be cited as the ‘Immigration Technical Corrections Act of 1991’.”
[Pub. L. 102–110, § 1], Oct. 1, 1991, [105 Stat. 555], provided that: “This Act [amending this section and sections 1153, 1255, and 1524 of this title and enacting and amending provisions set out as notes under this section] may be cited as the ‘Armed Forces Immigration Adjustment Act of 1991’.”
Short Title of 1990 Amendment
[Pub. L. 101–649, § 1(a)], Nov. 29, 1990, [104 Stat. 4978], provided that: “This Act [see Tables for classification] may be cited as the ‘Immigration Act of 1990’.”
[Pub. L. 101–249, § 1], Mar. 6, 1990, [104 Stat. 94], provided that: “This Act [enacting [section 1440–1 of this title]] may be cited as the ‘Posthumous Citizenship for Active Duty Service Act of 1989’.”
Short Title of 1989 Amendment
[Pub. L. 101–238, § 1], Dec. 18, 1989, [103 Stat. 2099], provided that: “This Act [amending this section and sections 1160 and 1182 of this title, enacting provisions set out as notes under sections 1182, 1255, 1255a, and 1324a of this title, and amending provisions set out as a note under [section 1255a of this title]] may be cited as the ‘Immigration Nursing Relief Act of 1989’.”
Short Title of 1988 Amendment
[Pub. L. 100–658, § 1], Nov. 15, 1988, [102 Stat. 3908], provided that: “This Act [enacting provisions set out as notes under this section and [section 1153 of this title] and amending provisions set out as a note under [section 1153 of this title]] may be cited as the ‘Immigration Amendments of 1988’.”
[Pub. L. 100–525, § 1(a)], Oct. 24, 1988, [102 Stat. 2609], provided that: “This Act [amending this section, sections 1102, 1103, 1104, 1105a, 1152, 1154, 1157, 1160, 1161, 1182, 1184, 1186, 1186a, 1187, 1188, 1201, 1201a, 1202, 1222, 1223, 1224, 1227, 1251, 1252, 1254, 1255, 1255a, 1255b, 1259, 1301, 1302, 1304, 1305, 1324, 1324a, 1324b, 1353, 1356, 1357, 1360, 1408, 1409, 1421, 1422, 1424, 1426, 1431, 1432, 1433, 1435, 1440, 1441, 1446, 1447, 1451, 1452, 1454, 1455, 1459, 1481, 1483, 1489, 1522, 1523, and 1524 of this title, [section 1546 of Title 18], Crimes and Criminal Procedure, [section 1091 of Title 20], Education, and [section 4195 of Title 22], Foreign Relations and Intercourse, enacting provisions set out as notes under this section and sections 1153, 1182, 1201, 1227, 1254, 1255, 1356, 1401, 1409, 1451, 1481, and 1522 of this title and [section 4195 of Title 22], amending provisions set out as notes under this section and sections 1153, 1182, 1188, and 1255a of this title and [section 1802 of Title 29], Labor, and repealing provisions set out as a note under [section 1255a of this title]] may be cited as the ‘Immigration Technical Corrections Act of 1988’.”
Short Title of 1986 Amendment
[Pub. L. 99–653, § 1(a)], formerly § 1, Nov. 14, 1986, [100 Stat. 3655], as renumbered by [Pub. L. 100–525, § 8(a)(1)], Oct. 24, 1988, [102 Stat. 2617], provided that: “this Act [amending this section, sections 1152, 1182, 1201, 1202, 1228, 1251, 1301, 1302, 1304, 1401, 1409, 1431 to 1433, 1451, 1452, 1481, and 1483 of this title, and [section 4195 of Title 22], Foreign Relations and Intercourse, and repealing [section 1201a of this title] and provisions set out as notes under [section 1153 of this title]] may be cited as the ‘Immigration and Nationality Act Amendments of 1986’.”
[Pub. L. 99–639, § 1], Nov. 10, 1986, [100 Stat. 3537], provided that: “This Act [enacting [section 1186a of this title], amending sections 1154, 1182, 1184, 1251, 1255, and 1325 of this title, and enacting provisions set out as notes under sections 1154, 1182, 1184, and 1255 of this title] may be cited as the ‘Immigration Marriage Fraud Amendments of 1986’.”
[Pub. L. 99–605, § 1(a)], Nov. 6, 1986, [100 Stat. 3449], provided that: “This Act [amending sections 1522 to 1524 of this title and enacting provisions set out as notes under [section 1522 of this title]] may be cited as the ‘Refugee Assistance Extension Act of 1986’.”
[Pub. L. 99–603, § 1(a)], Nov. 6, 1986, [100 Stat. 3359], provided that: “This Act [enacting sections 1160, 1161, 1186, 1187, 1255a, 1324a, 1324b, 1364, and 1365 of this title and [section 1437r of Title 42], The Public Health and Welfare, amending this section, sections 1152, 1184, 1251, 1252, 1254, 1255, 1258, 1259, 1321, 1324, and 1357 of this title, [section 2025 of Title 7], Agriculture, [section 1546 of Title 18], Crimes and Criminal Procedure, sections 1091 and 1096 of Title 20, Education, sections 1802, 1813, and 1851 of Title 29, Labor, and sections 303, 502, 602, 603, 672, 673, 1203, 1320b–7, 1353, 1396b, and 1436a of Title 42, repealing [section 1816 of Title 29], enacting provisions set out as notes under this section and sections 1152, 1153, 1160, 1186, 1187, 1253, 1255a, 1259, 1324a, and 1324b of this title, [section 1802 of Title 29], and sections 405, 502, and 1320b–7 of Title 42, and amending provisions set out as notes under this section and [section 1383 of Title 42]] may be cited as the ‘Immigration Reform and Control Act of 1986’.”
Short Title of 1982 Amendment
[Pub. L. 97–363, § 1], Oct. 25, 1982, [96 Stat. 1734], provided that: “This Act [amending sections 1522, 1523, and 1524 of this title and enacting provisions set out as a note under [section 1522 of this title]] may be cited as the ‘Refugee Assistance Amendments of 1982’.”
Short Title of 1981 Amendment
[Pub. L. 97–116, § 1(a)], Dec. 29, 1981, [95 Stat. 1611], provided that: “this Act [amending this section, sections 1105a, 1151, 1152, 1154, 1182, 1201, 1203, 1221, 1227, 1251, 1252, 1253, 1254, 1255, 1255b, 1258, 1305, 1324, 1356, 1361, 1401a, 1409, 1427, 1431, 1432, 1433, 1439, 1440, 1445, 1446, 1447, 1448, 1452, 1455, 1481, and 1483 of this title, and [section 1429 of Title 18], Crimes and Criminal Procedure, enacting provisions set out as notes under this section and sections 1151 and 1182 of this title, amending a provision set out as a note under this section, and repealing a provision set out as a note under [section 1182 of this title]] may be cited as the ‘Immigration and Nationality Act Amendments of 1981’.”
Short Title of 1980 Amendment
[Pub. L. 96–212, § 1], Mar. 17, 1980, [94 Stat. 102], provided: “That this Act [enacting sections 1157 to 1159 and 1521 to 1525 of this title, amending this section, sections 1151 to 1153, 1181, 1182, 1253, and 1254 of this title, and [section 2601 of Title 22], Foreign Relations and Intercourse, enacting provision set out as notes under this section and sections 1153, 1157, 1158, 1521, and 1522 of this title, amending provisions set out as notes under sections 1182 and 1255 of this title, and repealing provisions set out as a note under [section 2601 of Title 22]] may be cited as the ‘Refugee Act of 1980’.”
Short Title of 1976 Amendment
[Pub. L. 94–571, § 1], Oct. 20, 1976, [90 Stat. 2703], provided: “That this Act [amending this section and sections 1151, 1152 to 1154, 1181, 1182, 1251, 1254, and 1255 of this title and enacting provisions set out as notes under this section and sections 1153 and 1255 of this title] may be cited as the ‘Immigration and Nationality Act Amendments of 1976’.”
Short Title
Short Title
[Act June 27, 1952, ch. 477, § 1], [66 Stat. 163], provided that such act, enacting this chapter, [section 1429 of Title 18], Crimes and Criminal Procedure, amending sections 1353a, 1353d, 1552 of this title, sections 342b, 342c, 342e of former Title 5, Executive Departments and Government Officers and Employees, sections 1114, 1546 of Title 18, sections 618, 1446 of Title 22, Foreign Relations and Intercourse, sections 1, 177 of former Title 49, Transportation, sections 1952 to 1955 and 1961 of Title 50 App., War and National Defense, repealing section 530 of former Title 31, Money and Finance, enacting provisions set out as notes under this section and amending provisions set out as notes under sections 1435 and 1440 of this title, may be cited as the “Immigration and Nationality Act”.
Miscellaneous
Repeal and Revival
[Pub. L. 100–525, § 8(b)], Oct. 24, 1988, [102 Stat. 2617], provided that: “Section 3 of INAA [[Pub. L. 99–653], repealing subsec. (c)(1) of this section] is repealed and the language stricken by such section is revived as of November 14, 1986.”
Repeals
Repeals
[Act June 27, 1952, ch. 477], title IV, § 403(b), [66 Stat. 280], provided that: “Except as otherwise provided in section 405 [set out below], all other laws, or parts of laws, in conflict or inconsistent with this Act [this chapter] are, to the extent of such conflict or inconsistency, repealed.”
Miscellaneous
Regulations
[Pub. L. 110–391, § 2(b)], Oct. 10, 2008, [122 Stat. 4193], provided that: “Not later than 30 days after the date of the enactment of this Act [Oct. 10, 2008], the Secretary of Homeland Security shall—“(1) issue final regulations to eliminate or reduce fraud related to the granting of special immigrant status for special immigrants described in subclause (II) or (III) of section 101(a)(27)(C)(ii) of the Immigration and Nationality Act ([8 U.S.C. 1101(a)(27)(C)(ii)]); and“(2) submit a certification to Congress and publish notice in the Federal Register that such regulations have been issued and are in effect.”
[Pub. L. 109–162, title VIII, § 828], Jan. 5, 2006, [119 Stat. 3066], provided that: “Not later than 180 days after the date of enactment of this Act [Jan. 5, 2006], the Attorney General, the Secretary of Homeland Security, and the Secretary of State shall promulgate regulations to implement the provisions contained in the Battered Immigrant Women Protection Act of 2000 (title V of [Public Law 106–386]) [see [section 1501 of Pub. L. 106–386], set out as a Short Title of 2000 Amendments note under this section], this Act [see Tables for classification], and the amendments made by this Act.”
[Pub. L. 102–232, title III, § 303(a)(8)], Dec. 12, 1991, [105 Stat. 1748], provided that: “The Secretary of Labor shall issue final or interim final regulations to implement the changes made by this section to section 101(a)(15)(H)(i)(b) and section 212(n) of the Immigration and Nationality Act [[8 U.S.C. 1101(a)(15)(H)(i)(b)], 1182(n)] no later than January 2, 1992.”
[Pub. L. 102–140, title VI, § 610], Oct. 28, 1991, [105 Stat. 832], as amended by [Pub. L. 103–416, title II, § 219](l)(2), Oct. 25, 1994, [108 Stat. 4317], provided that:“(a) The Attorney General shall prescribe regulations under title 5, United States Code, to carry out section 404(b)(1) of the Immigration and Nationality Act [act June 27, 1952, as amended, set out as a note above], including a delineation of (1) scenarios that constitute an immigration emergency, (2) the process by which the President declares an immigration emergency, (3) the role of the Governor and local officials in requesting a declaration of emergency, (4) a definition of ‘assistance as required by the Attorney General’, and (5) the process by which States and localities are to be reimbursed.“(b) The Attorney General shall prescribe regulations under title 5, United States Code, to carry out section 404(b)(2) of such Act, including providing a definition of the terms in section 404(b)(2)(A)(ii) and a delineation of ‘in any other circumstances’ in section 404(b)(2)(A)(iii) of such Act.“(c) The regulations under this section shall be published for comment not later than 30 days after the date of enactment of this Act [Oct. 28, 1991] and issued in final form not later than 15 days after the end of the comment period.”
Savings
Savings Clause
[Act June 27, 1952, ch. 477], title IV, § 405, [66 Stat. 280], provided in part that:“(a) Nothing contained in this Act [this chapter], unless otherwise specifically provided therein, shall be construed to affect the validity of any declaration of intention, petition for naturalization, certificate of naturalization, certificate of citizenship, warrant of arrest, order or warrant of deportation, order of exclusion, or other document or proceeding which shall be valid at the time this Act [this chapter] shall take effect; or to affect any prosecution, suit, action, or proceedings, civil or criminal, brought, or any status, condition, right in process of acquisition, act, thing, liability, obligation, or matter, civil or criminal done or existing, at the time this Act [this chapter] shall take effect; but as to all such prosecutions, suits, actions, proceedings, statutes, conditions, rights, acts, things, liabilities, obligations, or matters the statutes or parts of statutes repealed by this Act [this chapter] are, unless otherwise specifically provided therein, hereby continued in force and effect. When an immigrant, in possession of an unexpired immigrant visa issued prior to the effective date of this Act [this chapter], makes application for admission, his admissibility shall be determined under the provisions of law in effect on the date of the issuance of such visa. An application for suspension of deportation under section 19 of the Immigration Act of 1917, as amended [former [section 155 of this title]], or for adjustment of status under section 4 of the Displaced Persons Act of 1948, as amended [former section 1953 of Appendix to Title 50], which is pending on the date of enactment of this Act [June 27, 1952], shall be regarded as a proceeding within the meaning of this subsection.“(b) Except as otherwise specifically provided in title III [subchapter III of this chapter], any petition for naturalization heretofore filed which may be pending at the time this Act [this chapter] shall take effect shall be heard and determined in accordance with the requirements of law in effect when such petition was filed.“(c) Except as otherwise specifically provided in this Act [this chapter], the repeal of any statute by this Act [this chapter] shall not terminate nationality heretofore lawfully acquired nor restore nationality heretofore lost under any law of the United States or any treaty to which the United States may have been a party.“(d) Except as otherwise specifically provided in this Act [this chapter], or any amendment thereto, fees, charges and prices for purposes specified in title V of the Independent Offices Appropriation Act, 1952 (Public Law 137, Eighty-second Congress, approved August 31, 1951), may be fixed and established in the manner and by the head of any Federal Agency as specified in that Act.“(e) This Act [this chapter] shall not be construed to repeal, alter, or amend [section 231(a) of the Act of April 30, 1946] ([60 Stat. 148]; [[section 1281(a) of title 22]]), the Act of June 20, 1949 (Public Law 110, section 8, Eighty-first Congress, first session; [63 Stat. 208] [[section 3508 of title 50]]), the Act of June 5, 1950 (Public Law 535, Eighty-first Congress, second session [former section 1501 et seq. of title 22]), nor title V of the Agricultural Act of 1949, as amended (Public Law 78, Eighty-second Congress, first session [former sections 1461 to 1468 of title 7]).”
Separability
Separability
[Pub. L. 106–313, title I, § 116], Oct. 17, 2000, [114 Stat. 1262], provided that: “If any provision of this title [see Short Title of 2000 Amendments note above] (or any amendment made by this title) or the application thereof to any person or circumstance is held invalid, the remainder of the title (and the amendments made by this title) and the application of such provision to any other person or circumstance shall not be affected thereby. This section be enacted [sic] 2 days after effective date.”
[Pub. L. 104–208, div. C, § 1(e)], Sept. 30, 1996, [110 Stat. 3009–553], provided that: “If any provision of this division [see Tables for classification] or the application of such provision to any person or circumstances is held to be unconstitutional, the remainder of this division and the application of the provisions of this division to any person or circumstance shall not be affected thereby.”
[Act June 27, 1952, ch. 477], title IV, § 406, [66 Stat. 281], provided that: “If any particular provision of this Act [this chapter], or the application thereof to any person or circumstance, is held invalid, the remainder of the Act [this chapter] and the application of such provision to other persons or circumstances shall not be affected thereby.”
Transfer Of Functions
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.
Miscellaneous
Abolition of Immigration and Naturalization Service and Transfer of Functions
For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under [section 1551 of this title].
Admission of Alaska as State
Effectiveness of amendment of this section by [Pub. L. 85–508] as dependent on admission of State of Alaska into the Union, see [section 8(b) of Pub. L. 85–508], set out as a note preceding [section 21 of Title 48], Territories and Insular Possessions.
Admission of Hawaii as State
Admission of Hawaii into the Union was accomplished Aug. 21, 1959, on issuance of Proc. No. 3309, Aug. 25, 1959, 25 F.R. 6868, 73 Stat. c74, as required by sections 1 and 7(c) of [Pub. L. 86–3], Mar. 18, 1959, [73 Stat. 4], set out as notes preceding former [section 491 of Title 48], Territories and Insular Possessions.
Appropriations
[Act June 27, 1952, ch. 477], title IV, § 404, [66 Stat. 280], as amended by [Pub. L. 97–116, § 18(s)], Dec. 29, 1981, [95 Stat. 1621]; [Pub. L. 99–603, title I, § 113], Nov. 6, 1986, [100 Stat. 3383]; [Pub. L. 101–649, title VII, § 705(a)], Nov. 29, 1990, [104 Stat. 5087]; [Pub. L. 102–232, title III, § 308(d)], Dec. 12, 1991, [105 Stat. 1757], provided that:“(a) There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act [this chapter] (other than chapter 2 of title IV) [subchapter IV of this chapter].“(b)(1) There are authorized to be appropriated (for fiscal year 1991 and any subsequent fiscal year) to an immigration emergency fund, to be established in the Treasury, an amount sufficient to provide for a balance of $35,000,000 in such fund, to be used to carry out paragraph (2) and to provide for an increase in border patrol or other enforcement activities of the Service and for reimbursement of State and localities in providing assistance as requested by the Attorney General in meeting an immigration emergency, except that no amounts may be withdrawn from such fund with respect to an emergency unless the President has determined that the immigration emergency exists and has certified such fact to the Judiciary Committees of the House of Representatives and of the Senate.“(2)(A) Funds which are authorized to be appropriated by paragraph (1), subject to the dollar limitation contained in subparagraph (B), shall be available, by application for the reimbursement of States and localities providing assistance as required by the Attorney General, to States and localities whenever—“(i) a district director of the Service certifies to the Commissioner that the number of asylum applications filed in the respective district during a calendar quarter exceeds by at least 1,000 the number of such applications filed in that district during the preceding calendar quarter,“(ii) the lives, property, safety, or welfare of the residents of a State or locality are endangered, or“(iii) in any other circumstances as determined by the Attorney General.In applying clause (i), the providing of parole at a point of entry in a district shall be deemed to constitute an application for asylum in the district.“(B) Not more than $20,000,000 shall be made available for all localities under this paragraph.“(C) For purposes of subparagraph (A), the requirement of paragraph (1) that an immigration emergency be determined shall not apply.“(D) A decision with respect to an application for reimbursement under subparagraph (A) shall be made by the Attorney General within 15 days after the date of receipt of the application.”
[[Pub. L. 101–649, title VII, § 705(b)], Nov. 29, 1990, [104 Stat. 5087], provided that: “Section 404(b)(2)(A)(i) of the Immigration and Nationality Act [act June 27, 1952, set out above], as added by the amendment made by subsection (a)(5), shall apply with respect to increases in the number of asylum applications filed in a calendar quarter beginning on or after January 1, 1989. The Attorney General may not spend any amounts from the immigration emergency fund pursuant to the amendments made by subsection (a) [amending section 404 of act June 27, 1952, set out above] before October 1, 1991.”
]
[Determination of President of the United States, No. 97–16, Feb. 12, 1997, 62 F.R. 13981, provided that immigration emergency determined by President in 1995 to exist with respect to smuggling into United States of illegal aliens persisted and directed use of Immigration Emergency Fund established by section 404(b)(1) of act June 27, 1952, set out above.
[Prior determination was contained in the following:
[Determination of President of the United States, No. 95–49, Sept. 28, 1995, 60 F.R. 53677.]
Annual Report on Immigration Applications Made by Victims of Abuse
[Pub. L. 113–4, title VIII, § 802], Mar. 7, 2013, [127 Stat. 110], provided that: “Not later than December 1, 2014, and annually thereafter, the Secretary of Homeland Security shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that includes the following:“(1) The number of aliens who—“(A) submitted an application for nonimmigrant status under paragraph (15)(T)(i), (15)(U)(i), or (51) of section 101(a) of the Immigration and Nationality Act ([8 U.S.C. 1101(a)]) during the preceding fiscal year;“(B) were granted such nonimmigrant status during such fiscal year; or“(C) were denied such nonimmigrant status during such fiscal year.“(2) The mean amount of time and median amount of time to adjudicate an application for such nonimmigrant status during such fiscal year.“(3) The mean amount of time and median amount of time between the receipt of an application for such nonimmigrant status and the issuance of work authorization to an eligible applicant during the preceding fiscal year.“(4) The number of aliens granted continued presence in the United States under section 107(c)(3) of the Trafficking Victims Protection Act of 2000 ([22 U.S.C. 7105(c)(3)]) during the preceding fiscal year.“(5) A description of any actions being taken to reduce the adjudication and processing time, while ensuring the safe and competent processing, of an application described in paragraph (1) or a request for continued presence referred to in paragraph (4).”
Special Rule for Alien Victims
[Pub. L. 112–239, div. A, title XVII, § 1706(b)], Jan. 2, 2013, [126 Stat. 2097], provided that: “No alien may be admitted to the United States pursuant to subparagraph (U) of section 101(a)(15) of the Immigration and Nationality Act ([8 U.S.C. 1101(a)(15)]) as a result of the alien being a victim of a crime described in subsection (b) of [section 1351 of title 18], United States Code, as added by subsection (a).”
No Authority for National Identification Card
[Pub. L. 112–176, § 5], Sept. 28, 2012, [126 Stat. 1326], provided that: “Nothing in this Act [amending this section and provisions set out as notes under sections 1153, 1182, and 1324a of this title] may be construed to authorize the planning, testing, piloting, or development of a national identification card.”
Fee Increases
[Pub. L. 111–230, title IV, § 402], Aug. 13, 2010, [124 Stat. 2487], as amended by [Pub. L. 111–347, title III, § 302], Jan. 2, 2011, [124 Stat. 3667], provided that:“(a) Notwithstanding any other provision of this Act or any other provision of law, during the period beginning on the date of the enactment of this Act [Aug. 13, 2010] and ending on September 30, 2015, the filing fee and fraud prevention and detection fee required to be submitted with an application for admission as a nonimmigrant under section 101(a)(15)(L) of the Immigration and Nationality Act ([8 U.S.C. 1101(a)(15)(L)]) shall be increased by $2,250 for applicants that employ 50 or more employees in the United States if more than 50 percent of the applicant’s employees are nonimmigrants admitted pursuant to section 101(a)(15)(H)(i)(b) of such Act or section 101(a)(15)(L) of such Act.“(b) Notwithstanding any other provision of this Act or any other provision of law, during the period beginning on the date of the enactment of this Act and ending on September 30, 2015, the filing fee and fraud prevention and detection fee required to be submitted with an application for admission as a nonimmigrant under section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act ([8 U.S.C. 1101(a)(15)(H)(i)(b)]) shall be increased by $2,000 for applicants that employ 50 or more employees in the United States if more than 50 percent of the applicant’s employees are such nonimmigrants or nonimmigrants described in section 101(a)(15)(L) of such Act.“(c) During the period beginning on the date of the enactment of this Act and ending on September 30, 2015, all amounts collected pursuant to the fee increases authorized under this section shall be deposited in the General Fund of the Treasury.”
Afghan Allies Protection
[Pub. L. 111–8, div. F, title VI], Mar. 11, 2009, [123 Stat. 807], as amended by [Pub. L. 111–118, div. A, title VIII, § 8120(b)], Dec. 19, 2009, [123 Stat. 3457]; [Pub. L. 113–66, div. A, title XII, § 1219], Dec. 26, 2013, [127 Stat. 913]; [Pub. L. 113–76, div. K, title VII, § 7034](o), Jan. 17, 2014, [128 Stat. 516], provided that:“SEC. 601. SHORT TITLE.“This Act [probably should be “this title”] may be cited as the ‘Afghan Allies Protection Act of 2009’.
“SEC. 602. PROTECTION FOR AFGHAN ALLIES.“(a)Appropriate Committees of Congress Defined.—In this section, the term ‘appropriate committees of Congress’ means—“(1) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on the Judiciary of the Senate; and“(2) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on the Judiciary of the House of Representatives.“(b) Special Immigrant Status for Certain Afghans.—“(1)In general.—Subject to paragraph (3), the Secretary of Homeland Security, or, notwithstanding any other provision of law, the Secretary of State in consultation with the Secretary of Homeland Security, may provide an alien described in subparagraph (A), (B), or (C) of paragraph (2) with the status of a special immigrant under section 101(a)(27) of the Immigration and Nationality Act ([8 U.S.C. 1101(a)(27)]), if the alien—“(A) or an agent acting on behalf of the alien, submits a petition for classification under section 203(b)(4) of such Act ([8 U.S.C. 1153(b)(4)]);“(B) is otherwise eligible to receive an immigrant visa;“(C) is otherwise admissible to the United States for permanent residence (excluding the grounds for inadmissibility specified in section 212(a)(4) of such Act ([8 U.S.C. 1182(a)(4)])[)]; and“(D) clears a background check and appropriate screening, as determined by the Secretary of Homeland Security.“(2) Aliens described.—“(A)Principal aliens.—An alien is described in this subparagraph if the alien—“(i) is a citizen or national of Afghanistan;“(ii) was or is employed by or on behalf of the United States Government in Afghanistan on or after October 7, 2001, for not less than one year;“(iii) provided faithful and valuable service to the United States Government, which is documented in a positive recommendation or evaluation, subject to subparagraph (D), from the employee’s senior supervisor or the person currently occupying that position, or a more senior person, if the employee’s senior supervisor has left the employer or has left Afghanistan; and“(iv) has experienced or is experiencing an ongoing serious threat as a consequence of the alien’s employment by the United States Government.“(B)Spouse or child.—An alien is described in this subparagraph if the alien—“(i) is the spouse or child of a principal alien described in subparagraph (A); and“(ii) is accompanying or following to join the principal alien in the United States.“(C)Surviving spouse or child.—An alien is described in this subparagraph if the alien—“(i) was the spouse or child of a principal alien described in subparagraph (A) who had a petition for classification approved pursuant to this section or section 1059 of the National Defense Authorization Act for Fiscal Year 2006 ([Public Law 109–163]; [8 U.S.C. 1101] note) which included the alien as an accompanying spouse or child; and“(ii) due to the death of the principal alien— “(I) such petition was revoked or terminated (or otherwise rendered null); and “(II) such petition would have been approved if the principal alien had survived.“(D)Approval by chief of mission required.—“(i)In general.—Except as provided under clause (ii), a recommendation or evaluation required under subparagraph (A)(iii) shall be accompanied by approval from the appropriate Chief of Mission, or the designee of the appropriate Chief of Mission, who shall conduct a risk assessment of the alien and an independent review of records maintained by the United States Government or hiring organization or entity to confirm employment and faithful and valuable service to the United States Government prior to approval of a petition under this section.“(ii) Review process for denial by chief of mission.— “(I)In general.—An applicant who has been denied Chief of Mission approval shall—- “(aa) receive a written decision that provides, to the maximum extent feasible, information describing the basis for the denial, including the facts and inferences underlying the individual determination; and
- “(bb) be provided not more than one written appeal—“(AA) that shall be submitted not more than 120 days after the date that the applicant receives such decision in writing; and“(BB) that may request reopening of such decision and provide additional information, clarify existing information, or explain any unfavorable information.
“(II)Afghan special immigrant visa coordinator.—The Secretary of State shall designate, in the Embassy of the United States in Kabul, Afghanistan, an Afghan Special Immigrant Visa Coordinator responsible for overseeing the efficiency and integrity of the processing of special immigrant visas under this section, who shall be given—- “(aa) sufficiently high security clearance to review information supporting Chief of Mission denials if an appeal of a denial is filed;
- “(bb) responsibility for ensuring that an applicant described in subclause (I) receives the information described in subclause (I)(aa); and
- “(cc) responsibility for ensuring that every applicant is provided a reasonable opportunity to provide additional information, clarify existing information, or explain any unfavorable information pursuant to [sub]clause (I)(bb).
“(E)Evidence of serious threat.—A credible sworn statement depicting dangerous country conditions, together with official evidence of such country conditions from the United States Government, should be considered as a factor in determination of whether the alien has experienced or is experiencing an ongoing serious threat as a consequence of the alien’s employment by the United States Government for purposes of subparagraph (A)(iv).“(F)Representation.—An alien applying for admission to the United States pursuant to this title may be represented during the application process, including at relevant interviews and examinations, by an attorney or other accredited representative. Such representation shall not be at the expense of the United States Government.“(3) Numerical limitations.—“(A)In general.—Except as provided in subparagraph (C), the total number of principal aliens who may be provided special immigrant status under this section may not exceed 1,500 per year for each of the fiscal years 2009, 2010, 2011, 2012, and 2013.“(B)Exclusion from numerical limitations.—Aliens provided special immigrant status under this subsection shall not be counted against any numerical limitation under sections 201(d), 202(a), or 203(b)(4) of the Immigration and Nationality Act ([8 U.S.C. 1151(d)], 1152(a), and 1153(b)(4)).“(C) Carry forward.—“(i)Fiscal years 2009 through 2013.—If the numerical limitation specified in subparagraph (A) is not reached during a given fiscal year, with respect to fiscal year 2009, 2010, 2011, 2012, or 2013, the numerical limitation specified in such subparagraph for the following fiscal year shall be increased by a number equal to the difference between— “(I) the numerical limitation specified in subparagraph (A) for the given fiscal year; and “(II) the number of principal aliens provided special immigrant status under this section during the given fiscal year.“(ii)Fiscal year 2014.—If the numerical limitation determined under clause (i) is not reached in fiscal year 2013, the total number of principal aliens who may be provided special immigrant status under this subsection for fiscal year 2014 shall be equal to the difference between— “(I) the numerical limitation determined under clause (i) for fiscal year 2013; and “(II) the number of principal aliens provided such status under this section during fiscal year 2013.“(D)Additional fiscal year.—For fiscal year 2014, the total number of principal aliens who may be provided special immigrant status under this section may not exceed 3,000, except that any unused balance of the total number of principal aliens who may be provided special immigrant status in fiscal year 2014 may be carried forward and provided through the end of fiscal year 2015, notwithstanding the provisions of paragraph (C), except that the one year period during which an alien must have been employed in accordance with subsection (b)(2)(A)(ii) shall be the period from October 7, 2001 through December 31, 2014, and except that the principal alien seeking special immigrant status under this subparagraph shall apply to the Chief of Mission in accordance with subsection (b)(2)(D) no later than September 30, 2014.“(4)Application process.—“(A)In general.—Not later than 120 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2014 [Dec. 26, 2013], the Secretary of State and the Secretary of Homeland Security, in consultation with the Secretary of Defense, shall improve the efficiency by which applications for special immigrant visas under paragraph (1), are processed so that all steps under the control of the respective departments incidental to the issuance of such visas, including required screenings and background checks, should be completed not later than 9 months after the date on which an eligible alien submits all required materials to complete an application for such visa.“(B)Construction.—Nothing in this section shall be construed to limit the ability of a Secretary referred to in subparagraph (A) to take longer than 9 months to complete those steps incidental to the issuance of such visas in high-risk cases for which satisfaction of national security concerns requires additional time.“(C)Prohibition on fees.—The Secretary of Homeland Security or the Secretary of State may not charge an alien described in subparagraph (A), (B), or (C) of paragraph (2) any fee in connection with an application for, or issuance of, a special immigrant visa under this section.“(5)Assistance with passport issuance.—The Secretary of State shall make a reasonable effort to ensure that an alien described in subparagraph (A), (B), or (C) of paragraph (2) who is issued a special immigrant visa pursuant to this subsection is provided with the appropriate series Afghan passport necessary to enter the United States.“(6)Protection of aliens.—The Secretary of State, in consultation with the heads of other appropriate Federal agencies, shall make a reasonable effort to provide an alien described in subparagraph (A), (B), or (C) of paragraph (2) who is seeking special immigrant status under this subsection protection or to immediately remove such alien from Afghanistan, if possible, if the Secretary determines, after consultation, that such alien is in imminent danger.“(7)Other eligibility for immigrant status.—No alien shall be denied the opportunity to apply for admission under this subsection solely because such alien qualifies as an immediate relative or is eligible for any other immigrant classification.“(8)Resettlement support.—A citizen or national of Afghanistan who is granted special immigrant status described in section 101(a)(27) of the Immigration and Nationality Act ([8 U.S.C. 1101(a)(27)]) shall be eligible for resettlement assistance, entitlement programs, and other benefits available to refugees admitted under section 207 of such Act ([8 U.S.C. 1157]) to the same extent, and for the same periods of time, as such refugees.“(9)Adjustment of status.—Notwithstanding paragraph (2), (7), or (8) of subsection (c) of section 245 of the Immigration and Nationality Act ([8 U.S.C. 1255]), the Secretary of Homeland Security may adjust the status of an alien described in subparagraph (A), (B), or (C) of paragraph (2) of this subsection or in section 1244(b) of the Refugee Crisis in Iraq Act of 2007 ([Public Law 110–181]; [122 Stat. 397]) [[8 U.S.C. 1157] note] to that of an alien lawfully admitted for permanent residence under subsection (a) of such section 245 if the alien—“(A) was paroled or admitted as a nonimmigrant into the United States; and“(B) is otherwise eligible for special immigrant status under—“(i)(I) this subsection; or“(II) such section 1244(b); and“(ii) the Immigration and Nationality Act ([8 U.S.C. 1101] et seq.).“(10) Report on implementation and authority to carry out administrative measures.—“(A)Requirement for report.—Not later than one year after the date of the enactment of this Act [Mar. 11, 2009], the Secretary of Homeland Security and the Secretary of State, in consultation with the Secretary of Defense, shall submit to the appropriate committees of Congress a report on the implementation of this subsection.“(B)Content of report.—The report required by subparagraph (A) shall describe actions taken, and additional administrative measures that may be needed, to ensure the integrity of the program established under this subsection and the national security interests of the United States related to such program.“(C)Authority to carry out administrative measures.—The Secretary of Homeland Security and the Secretary of State shall implement any additional administrative measures described in subparagraph (B) as they may deem necessary and appropriate to ensure the integrity of the program established under this subsection and the national security interests of the United States related to such program.“(11) Annual report on use of special immigrant status.—“(A)Requirement.—Not later than 120 days after the date of the enactment of this Act, and annually thereafter, the Secretary of Homeland Security shall submit to the appropriate committees of Congress a report on the number of citizens or nationals of Afghanistan or Iraq who have applied for status as special immigrants under this subsection or section 1244 of the Refugee Crisis in Iraq Act of 2007 ([Public Law 110–181]; [122 Stat. 396]) [[8 U.S.C. 1157] note].“(B)Content.—Each report required by subparagraph (A) submitted in a fiscal year shall include the following information for the previous fiscal year:“(i) The number of citizens or nationals of Afghanistan or Iraq who submitted an application for status as a special immigrant pursuant to this section or section 1244 of the Refugee Crisis in Iraq Act of 2007 ([Public Law 110–181]; [122 Stat. 396]), disaggregated— “(I) by the number of principal aliens applying for such status; and “(II) by the number of spouses and children of principal aliens applying for such status.“(ii) The number of applications referred to in clause (i) that— “(I) were approved; or “(II) were denied, including a description of the basis for each denial.“(12) Report on improvements.—“(A)Requirement for report.—Not later than 120 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2014 [Dec. 26, 2013], the Secretary of State and the Secretary of Homeland Security, in consultation with the Secretary of Defense, shall submit to the appropriate committees of Congress a report, with a classified annex, if necessary.“(B)Contents.—The report required by subparagraph (A) shall describe the implementation of improvements to the processing of applications for special immigrant visas under this subsection, including information relating to—“(i) enhancing existing systems for conducting background and security checks of persons applying for special immigrant status, which shall— “(I) support immigration security; and “(II) provide for the orderly processing of such applications without significant delay;“(ii) the financial, security, and personnel considerations and resources necessary to carry out this section;“(iii) the number of aliens who have applied for special immigrant visas under this subsection during each month of the preceding fiscal year;“(iv) the reasons for the failure to process any applications that have been pending for longer than 9 months;“(v) the total number of applications that are pending due to the failure— “(I) to receive approval from the Chief of Mission; “(II) of U.S. Citizenship and Immigration Services to complete the adjudication of the Form I–360; “(III) to conduct a visa interview; or “(IV) to issue the visa to an eligible alien;“(vi) the average wait times for an applicant at each of the stages described in clause (v);“(vii) the number of denials or rejections at each of the stages described in clause (v); and“(viii) the reasons for denials by the Chief of Mission based on the categories already made available to denied special immigrant visa applicants in the denial letter sent to them by the Chief of Mission.“(13)Public quarterly reports.—Not later than 120 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2014 [Dec. 26, 2013], and every 3 months thereafter, the Secretary of State and the Secretary of Homeland Security, in consultation with the Secretary of Defense, shall publish a report on the website of the Department of State that describes the efficiency improvements made in the process by which applications for special immigrant visas under this subsection are processed, including information described in clauses (iii) through (viii) of paragraph (12)(B).“(c) Information Regarding Citizens or Nationals of Afghanistan Employed by the United States or Federal Contractors in Afghanistan.—“(1) Requirement to compile information.—“(A)In general.—Not later than 120 days after the date of the enactment of this Act [Mar. 11, 2009], the Administrator of the United States Agency for International Development, the Secretary of Defense, the Secretary of Homeland Security, the Secretary of State, and the Secretary of the Treasury shall—“(i) review internal records and databases of their respective agencies for information that can be used to verify employment of citizens or nationals of Afghanistan by the United States Government; and“(ii) request from each prime contractor or grantee that has performed work in Afghanistan since October 7, 2001, under a contract, grant, or cooperative agreement with their respective agencies that is valued in excess of $25,000, information that may be used to verify the employment of such citizens or nationals by such contractor or grantee.“(B)Information required.—To the extent data is available, the information referred to in subparagraph (A) shall include the name and dates of employment of, biometric data for, and other data that can be used to verify the employment of each citizen or national of Afghanistan who has performed work in Afghanistan since October 7, 2001, under a contract, grant, or cooperative agreement with an executive agency.“(2)Report on establishment of database.—Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Administrator of the United States Agency for International Development, the Secretary of Homeland Security, the Secretary of State, and the Secretary of the Treasury, shall submit to the appropriate committees of Congress a report examining the options for establishing a unified and classified database of information related to contracts, grants, or cooperative agreements entered into by executive agencies for the performance of work in Afghanistan since October 7, 2001, including the information described and collected under paragraph (1), to be used by relevant Federal departments and agencies to adjudicate refugee, asylum, special immigrant visa, and other immigration claims and applications.“(3)Report on noncompliance.—Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate committees of Congress a report that describes—“(A) the inability or unwillingness of any contractor or grantee to provide the information requested under paragraph (1)(A)(ii); and“(B) the reasons that such contractor or grantee provided for failing to provide such information.“(4)Executive agency defined.—In this subsection, the term ‘executive agency’ has the meaning given that term in section 4 of the Office of Federal Procurement Policy Act ([former] [41 U.S.C. 403]) [see [41 U.S.C. 133]].“(d)Rule of Construction.—Nothing in this section may be construed to affect the authority of the Secretary of Homeland Security under section 1059 of the National Defense Authorization Act for Fiscal Year 2006 ([Public Law 109–163]; [8 U.S.C. 1101] note).”
Special Immigrant Status for Persons Serving as Translators With United States Armed Forces
[Pub. L. 110–242, § 2], June 3, 2008, [122 Stat. 1567], provided that:“(a)In General.—The Secretary of Homeland Security or the Secretary of State may convert an approved petition for special immigrant status under section 1059 of the National Defense Authorization Act for Fiscal Year 2006 [[Pub. L. 109–163]] ([8 U.S.C. 1101] note) with respect to which a visa under such section 1059 is not immediately available to an approved petition for special immigrant status under section 1244 of the National Defense Authorization Act for Fiscal Year 2008 ([Public Law 110–181]) [[8 U.S.C. 1157] note] notwithstanding any requirement of subsection (a) or (b) of such section 1244 but subject to the numerical limitations applicable under subsection (c) of such section 1244, as amended by this Act.“(b)Duration.—The authority under subsection (a) shall be available only with respect to petitions filed before October 1, 2008.”
[Pub. L. 109–163, div. A, title X, § 1059], Jan. 6, 2006, [119 Stat. 3443], as amended by [Pub. L. 110–28, title III, § 3812], May 25, 2007, [121 Stat. 151]; [Pub. L. 110–36, § 1], June 15, 2007, [121 Stat. 227]; [Pub. L. 110–161, div. J, title VI, § 699J], Dec. 26, 2007, [121 Stat. 2373]; [Pub. L. 112–227, § 1(a)], Dec. 28, 2012, [126 Stat. 1608], provided that:“(a)In General.—For purposes of the Immigration and Nationality Act ([8 U.S.C. 1101] et seq.), subject to subsection (c)(1), the Secretary of Homeland Security may provide an alien described in subsection (b) with the status of a special immigrant under section 101(a)(27) of such Act ([8 U.S.C. 1101(a)(27)]), if the alien—“(1) files with the Secretary of Homeland Security a petition under section 204 of such Act ([8 U.S.C. 1154]) for classification under section 203(b)(4) of such Act ([8 U.S.C. 1153(b)(4)]); and“(2) is otherwise eligible to receive an immigrant visa and is otherwise admissible to the United States for permanent residence, except in determining such admissibility, the grounds for inadmissibility specified in section 212(a)(4) of such Act ([8 U.S.C. 1182(a)(4)]) shall not apply.“(b) Aliens Described.—“(1)Principal aliens.—An alien is described in this subsection if the alien—“(A) is a national of Iraq or Afghanistan;“(B) worked directly with United States Armed Forces, or under Chief of Mission authority, as a translator or interpreter for a period of at least 12 months;“(C) obtained a favorable written recommendation from the Chief of Mission or a general or flag officer in the chain of command of the United States Armed Forces unit that was supported by the alien; and“(D) before filing the petition described in subsection (a)(1), cleared a background check and screening, as determined by the Chief of Mission or a general or flag officer in the chain of command of the United States Armed Forces unit that was supported by the alien.“(2)Spouses and children.—An alien is described in this subsection if the alien is the spouse or child of a principal alien described in paragraph (1), and is following or accompanying to join the principal alien.“(c) Numerical Limitations.—“(1)In general.—The total number of principal aliens who may be provided special immigrant status under this section—“(A) during each of the fiscal years 2007 and 2008, shall not exceed 500; and“(B) during any other fiscal year shall not exceed 50.“(2)Aliens exempt from employment-based numerical limitations.—For purposes of the application of sections 201 through 203 of the Immigration and Nationality Act ([8 U.S.C. 1151–115]3) in any fiscal year, aliens eligible to be provided status under this section shall be treated as special immigrants described in section 101(a)(27) of such Act ([8 U.S.C. 1101(a)(27)]) who are not described in subparagraph (A), (B), (C), or (K) of such section and shall not be counted against the numerical limitations under sections 201(d), 202(a), and 203(b)(4) of the Immigration and Nationality Act ([8 U.S.C. 1151(d)], 1152(a), and 1153(b)(4)).“(3)Carry forward.—If the numerical limitation described in paragraph (1) is not reached during a given fiscal year, the numerical limitation for the following fiscal year shall be increased by a number equal to the difference between the number of visas authorized for the given fiscal year and the number of aliens provided special immigrant status during the given fiscal year.“(d)Adjustment of Status.—Notwithstanding paragraphs (2), (7) and (8) of section 245(c) of the Immigration and Nationality Act ([8 U.S.C. 1255(c)]), the Secretary of Homeland Security may adjust the status of an alien to that of a lawful permanent resident under section 245(a) of such Act if the alien—“(1) was paroled or admitted as a nonimmigrant into the United States; and“(2) is otherwise eligible for special immigrant status under this section and under the Immigration and Nationality Act [[8 U.S.C. 1101] et seq.].“(e) Naturalization.—“(1)In general.—A period of absence from the United States described in paragraph (2)—“(A) shall not be considered to break any period for which continuous residence or physical presence in the United States is required for naturalization under title III of the Immigration and Nationality Act ([8 U.S.C. 1401] et seq.); and“(B) shall be treated as a period of residence and physical presence in the United States for purposes of satisfying the requirements for naturalization under such title.“(2)Period of absence described.—A period of absence described in this paragraph is a period of absence from the United States due to a person’s employment by the Chief of Mission or United States Armed Forces, under contract with the Chief of Mission or United States Armed Forces, or by a firm or corporation under contract with the Chief of Mission or United States Armed Forces, if—“(A) such employment involved supporting the Chief of Mission or United States Armed Forces as a translator, interpreter, or in a security-related position in an executive or managerial capacity; and“(B) the person spent at least a portion of the time outside the United States working directly with the Chief of Mission or United States Armed Forces as a translator, interpreter, or in a security-related position in an executive or managerial capacity.“(f)Application of Immigration and Nationality Act Provisions.—The definitions in subsections (a) and (b) of section 101 of the Immigration and Nationality Act ([8 U.S.C. 1101]) shall apply in the administration of this section.”
[[Pub. L. 112–227, § 1(b)], Dec. 28, 2012, [126 Stat. 1609], provided that: “The amendment made by subsection (a) [amending [section 1059(e) of Pub. L. 109–163], set out above] shall take effect as if included in the enactment of section 1059(e) of the National Defense Authorization Act for Fiscal Year 2006 [[Pub. L. 109–163]] ([8 U.S.C. 1101] note).”
]
[[Pub. L. 110–28] and [Pub. L. 110–36] made identical amendments to [section 1059 of Pub. L. 109–163], set out above, except for the redesignation of subsec. (d) and addition of subsec. (e). Amendments by [Pub. L. 110–36] were executed in lieu of the amendments by [Pub. L. 110–28], to reflect the probable intent of Congress.]
Battered Immigrant Women; Findings and Purposes
[Pub. L. 106–386, div. B, title V, § 1502], Oct. 28, 2000, [114 Stat. 1518], provided that:“(a)Findings.—Congress finds that—“(1) the goal of the immigration protections for battered immigrants included in the Violence Against Women Act of 1994 [[Pub. L. 103–322, title IV], see Tables for classification] was to remove immigration laws as a barrier that kept battered immigrant women and children locked in abusive relationships;“(2) providing battered immigrant women and children who were experiencing domestic violence at home with protection against deportation allows them to obtain protection orders against their abusers and frees them to cooperate with law enforcement and prosecutors in criminal cases brought against their abusers and the abusers of their children without fearing that the abuser will retaliate by withdrawing or threatening withdrawal of access to an immigration benefit under the abuser’s control; and“(3) there are several groups of battered immigrant women and children who do not have access to the immigration protections of the Violence Against Women Act of 1994 which means that their abusers are virtually immune from prosecution because their victims can be deported as a result of action by their abusers and the Immigration and Naturalization Service cannot offer them protection no matter how compelling their case under existing law.“(b)Purposes.—The purposes of this title [see Short Title of 2000 Amendments note above] are—“(1) to remove barriers to criminal prosecutions of persons who commit acts of battery or extreme cruelty against immigrant women and children; and“(2) to offer protection against domestic violence occurring in family and intimate relationships that are covered in State and tribal protection orders, domestic violence, and family law statutes.”
Protection for Certain Crime Victims Including Victims of Crimes Against Women
[Pub. L. 106–386, div. B, title V, § 1513(a)], Oct. 28, 2000, [114 Stat. 1533], provided that:“(a) Findings and Purpose.—“(1)Findings.—Congress makes the following findings:“(A) Immigrant women and children are often targeted to be victims of crimes committed against them in the United States, including rape, torture, kidnaping, trafficking, incest, domestic violence, sexual assault, female genital mutilation, forced prostitution, involuntary servitude, being held hostage or being criminally restrained.“(B) All women and children who are victims of these crimes committed against them in the United States must be able to report these crimes to law enforcement and fully participate in the investigation of the crimes committed against them and the prosecution of the perpetrators of such crimes.“(2) Purpose.—“(A) The purpose of this section [amending this section and sections 1182, 1184, 1255, and 1367 of this title] is to create a new nonimmigrant visa classification that will strengthen the ability of law enforcement agencies to detect, investigate, and prosecute cases of domestic violence, sexual assault, trafficking of aliens, and other crimes described in section 101(a)(15)(U)(iii) of the Immigration and Nationality Act [[8 U.S.C. 1101(a)(15)(U)(iii)]] committed against aliens, while offering protection to victims of such offenses in keeping with the humanitarian interests of the United States. This visa will encourage law enforcement officials to better serve immigrant crime victims and to prosecute crimes committed against aliens.“(B) Creating a new nonimmigrant visa classification will facilitate the reporting of crimes to law enforcement officials by trafficked, exploited, victimized, and abused aliens who are not in lawful immigration status. It also gives law enforcement officials a means to regularize the status of cooperating individuals during investigations or prosecutions. Providing temporary legal status to aliens who have been severely victimized by criminal activity also comports with the humanitarian interests of the United States.“(C) Finally, this section gives the Attorney General discretion to convert the status of such nonimmigrants to that of permanent residents when doing so is justified on humanitarian grounds, for family unity, or is otherwise in the public interest.”
Philippine Traders as Nonimmigrants
Philippine traders classifiable as nonimmigrants under subsec. (a)(15)(E) of this section, see [section 1184a of this title].
Irish Peace Process Cultural and Training Program
[Pub. L. 105–319], Oct. 30, 1998, [112 Stat. 3013], as amended by [Pub. L. 107–234, § 1], Oct. 4, 2002, [116 Stat. 1481]; [Pub. L. 108–449, § 1(a)], Dec. 10, 2004, [118 Stat. 3469], known as the Irish Peace Process Cultural and Training Program Act of 1998, which related to the Irish Peace Process Cultural and Training Program, was repealed by [section 2(c)(1) of Pub. L. 105–319], effective Oct. 1, 2008.
Coordination of Amendments by [Pub. L. 104–208]
[Pub. L. 104–208, div. C, § 1(b)], Sept. 30, 1996, [110 Stat. 3009–546], provided that: “Except as otherwise specifically provided—“(1) whenever in this division [see Tables for classification] an amendment or repeal is expressed as the amendment or repeal of a section or other provision, the reference shall be considered to be made to that section or provision in the Immigration and Nationality Act [[8 U.S.C. 1101] et seq.]; and“(2) amendments to a section or other provision are to such section or other provision before any amendment made to such section or other provision elsewhere in this division.”
Applicability of Title V of Division C of [Pub. L. 104–208] to Foreign Assistance
[Pub. L. 104–208, div. C, title V, § 592], Sept. 30, 1996, [110 Stat. 3009–688], provided that: “This title [see Effective Date of 1996 Amendment note above] does not apply to any Federal, State, or local governmental program, assistance, or benefits provided to an alien under any program of foreign assistance as determined by the Secretary of State in consultation with the Attorney General.”
Notification to Public and Program Recipients of Changes Regarding Eligibility for Programs
[Pub. L. 104–208, div. C, title V, § 593], Sept. 30, 1996, [110 Stat. 3009–688], provided that:“(a)In General.—Each agency of the Federal Government or a State or political subdivision that administers a program affected by the provisions of this title [see Effective Date of 1996 Amendment note above], shall, directly or through the States, provide general notification to the public and to program recipients of the changes regarding eligibility for any such program pursuant to this title.“(b)Failure To Give Notice.—Nothing in this section shall be construed to require or authorize continuation of eligibility if the notice under this section is not provided.”
Report on Aliens Granted Refugee Status or Asylum Due to Persecution for Resistance to Coercive Population Control Methods
[Pub. L. 104–208, div. C, title VI, § 601(a)(2)], Sept. 30, 1996, [110 Stat. 3009–689], provided that: “Not later than 90 days after the end of each fiscal year, the Attorney General shall submit a report to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate describing the number and countries of origin of aliens granted refugee status or asylum under determinations pursuant to the amendment made by paragraph (1) [amending this section]. Each such report shall also contain projections regarding the number and countries of origin of aliens that are likely to be granted refugee status or asylum for the subsequent 2 fiscal years.”
Sense of Congress Regarding American-Made Products; Requirements for Notice
[Pub. L. 104–208, div. C, title VI, § 648], Sept. 30, 1996, [110 Stat. 3009–711], provided that:“(a)Purchase of American-Made Equipment and Products.—It is the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased with funds made available under this division [see Tables for classification] should be American-made.“(b)Notice to Recipients of Grants.—In providing grants under this division, the Attorney General, to the greatest extent practicable, shall provide to each recipient of a grant a notice describing the statement made in subsection (a) by the Congress.”
Improving Border Controls
[Pub. L. 103–322, title XIII, § 130006], Sept. 13, 1994, [108 Stat. 2028], provided that:“(a)Authorization of Appropriations.—There are authorized to be appropriated for the Immigration and Naturalization Service to increase the resources for the Border Patrol, the Inspections Program, and the Deportation Branch to apprehend illegal aliens who attempt clandestine entry into the United States or entry into the United States with fraudulent documents or who remain in the country after their nonimmigrant visas expire—“(1) $228,000,000 for fiscal year 1995;“(2) $185,000,000 for fiscal year 1996;“(3) $204,000,000 for fiscal year 1997; and“(4) $58,000,000 for fiscal year 1998.“Of the sums authorized in this section, all necessary funds shall, subject to the availability of appropriations, be allocated to increase the number of agent positions (and necessary support personnel positions) in the Border Patrol by not less than 1,000 full-time equivalent positions in each of fiscal years 1995, 1996, 1997, and 1998 beyond the number funded as of October 1, 1994.
“(b)Report.—By September 30, 1996 and September 30, 1998, the Attorney General shall report to the Congress on the programs described in this section. The report shall include an evaluation of the programs, an outcome-based measurement of performance, and an analysis of the cost effectiveness of the additional resources provided under this Act [see Tables for classification].”
Visas for Officials of Taiwan
[Pub. L. 103–416, title II, § 221], Oct. 25, 1994, [108 Stat. 4320], as amended by [Pub. L. 104–208, div. C, title III, § 308(d)(3)(E)], title VI, § 671(b)(12), Sept. 30, 1996, [110 Stat. 3009–617], 3009–722, provided that: “Whenever the President of Taiwan or any other high-level official of Taiwan shall apply to visit the United States for the purposes of discussions with United States Federal or State government officials concerning—“(1) trade or business with Taiwan that will reduce the United States-Taiwan trade deficit,“(2) prevention of nuclear proliferation,“(3) threats to the national security of the United States,“(4) the protection of the global environment,“(5) the protection of endangered species, or“(6) regional humanitarian disasters,the official shall be admitted to the United States, unless the official is otherwise inadmissible under the immigration laws of the United States.”
Construction of Expedited Deportation Requirements
[Pub. L. 103–416, title II, § 225], Oct. 25, 1994, [108 Stat. 4324], as amended by [Pub. L. 104–132, title IV, § 436(b)(2)], Apr. 24, 1996, [110 Stat. 1275]; [Pub. L. 104–208, div. C, title III, § 308(c)(4)(B)], Sept. 30, 1996, [110 Stat. 3009–616], provided that: “No amendment made by this Act [see Tables for classification] shall be construed to create any substantive or procedural right or benefit that is legally enforceable by any party against the United States or its agencies or officers or any other person.”
[Amendment by [Pub. L. 104–132] effective as if included in enactment of [Pub. L. 103–416], see [section 436(b)(3) of Pub. L. 104–132] set out as an Effective Date of 1996 Amendment note under [section 1252 of this title].]
Report on Admission of Certain Nonimmigrants
[Pub. L. 102–232, title II, § 202(b)], Dec. 12, 1991, [105 Stat. 1737], directed Comptroller General, by not later than Oct. 1, 1994, to submit to Committees on the Judiciary of Senate and of House of Representatives a report containing information relating to the admission of artists, entertainers, athletes, and related support personnel as nonimmigrants under [8 U.S.C. 1101(a)(15)(O)], (P), and information on the laws, regulations, and practices in effect in other countries that affect United States citizens and permanent resident aliens in the arts, entertainment, and athletics, in order to evaluate the impact of such admissions, laws, regulations, and practices on such citizens and aliens, directed Chairman of the Committee on the Judiciary of Senate to make the report available to interested parties and to hold a hearing respecting the report and directed such Committee to report to Senate its findings and any legislation it deems appropriate.
Delay Until April 1, 1992, in Implementation of Provisions Relating to Nonimmigrant Artists, Athletes, Entertainers, and Fashion Models
[Pub. L. 102–110, § 3], Oct. 1, 1991, [105 Stat. 557], provided that: “Section 214(g)(1)(C) of the Immigration and Nationality Act [[8 U.S.C. 1184(g)(1)(C)]] shall not apply to the issuance of visas or provision of status before April 1, 1992. Aliens seeking nonimmigrant admission as artists, athletes, entertainers, or fashion models (or for the purpose of accompanying or assisting in an artistic or athletic performance) before April 1, 1992, shall not be admitted under subparagraph (O)(i), (O)(ii), (P)(i), or (P)(iii) of section 101(a)(15) of such Act [[8 U.S.C. 1101(a)(15)]], but may be admitted under the terms of subparagraph (H)(i)(b) of such section (as in effect on September 30, 1991).”
Commission on Immigration Reform
[Pub. L. 101–649, title I, § 141], Nov. 29, 1990, [104 Stat. 5001], as amended by [Pub. L. 102–232, title III, § 302(c)(1)], Dec. 12, 1991, [105 Stat. 1744], provided that:“(a)Establishment and Composition of Commission.—(1) Effective October 1, 1991, there is established a Commission on Immigration Reform (in this section referred to as the ‘Commission’) which shall be composed of 9 members to be appointed as follows:“(A) One member who shall serve as Chairman, to be appointed by the President.“(B) Two members to be appointed by the Speaker of the House of Representatives who shall select such members from a list of nominees provided by the Chairman of the Committee on the Judiciary of the House of Representatives.“(C) Two members to be appointed by the Minority Leader of the House of Representatives who shall select such members from a list of nominees provided by the ranking minority member of the Subcommittee on Immigration, Refugees, and International Law of the Committee on the Judiciary of the House of Representatives.“(D) Two members to be appointed by the Majority Leader of the Senate who shall select such members from a list of nominees provided by the Chairman of the Subcommittee on Immigration and Refugee Affairs of the Committee on the Judiciary of the Senate.“(E) Two members to be appointed by the Minority Leader of the Senate who shall select such members from a list of nominees provided by the ranking minority member of the Subcommittee on Immigration and Refugee Affairs of the Committee on the Judiciary of the Senate.“(2) Initial appointments to the Commission shall be made during the 45-day period beginning on October 1, 1991. A vacancy in the Commission shall be filled in the same manner in which the original appointment was made.“(3) Members shall be appointed to serve for the life of the Commission, except that the term of the member described in paragraph (1)(A) shall expire at noon on January 20, 1993, and the President shall appoint an individual to serve for the remaining life of the Commission.“(b)Functions of Commission.—The Commission shall—“(1) review and evaluate the impact of this Act and the amendments made by this Act [see Tables for classification], in accordance with subsection (c); and“(2) transmit to the Congress—“(A) not later than September 30, 1994, a first report describing the progress made in carrying out paragraph (1), and“(B) not later than September 30, 1997, a final report setting forth the Commission’s findings and recommendations, including such recommendations for additional changes that should be made with respect to legal immigration into the United States as the Commission deems appropriate.“(c) Considerations.—“(1)Particular considerations.—In particular, the Commission shall consider the following:“(A) The requirements of citizens of the United States and of aliens lawfully admitted for permanent residence to be joined in the United States by immediate family members and the impact which the establishment of a national level of immigration has upon the availability and priority of family preference visas.“(B) The impact of immigration and the implementation of the employment-based and diversity programs on labor needs, employment, and other economic and domestic conditions in the United States.“(C) The social, demographic, and natural resources impact of immigration.“(D) The impact of immigration on the foreign policy and national security interests of the United States.“(E) The impact of per country immigration levels on family-sponsored immigration.“(F) The impact of the numerical limitation on the adjustment of status of aliens granted asylum.“(G) The impact of the numerical limitations on the admission of nonimmigrants under section 214(g) of the Immigration and Nationality Act [[8 U.S.C. 1184(g)]].“(2)Diversity program.—The Commission shall analyze the information maintained under section 203(c)(3) of the Immigration and Nationality Act [[8 U.S.C. 1153(c)(3)]] and shall report to Congress in its report under subsection (b)(2) on—“(A) the characteristics of individuals admitted under section 203(c) of the Immigration and Nationality Act, and“(B) how such characteristics compare to the characteristics of family-sponsored immigrants and employment-based immigrants.The Commission shall include in the report an assessment of the effect of the requirement of paragraph (2) of section 203(c) of the Immigration and Nationality Act on the diversity, educational, and skill level of aliens admitted.“(d)Compensation of Members.—(1) Each member of the Commission who is not an officer or employee of the Federal Government is entitled to receive, subject to such amounts as are provided in advance in appropriations Acts, pay at the daily equivalent of the minimum annual rate of basic pay in effect for grade GS–18 of the General Schedule. Each member of the Commission who is such an officer or employee shall serve without additional pay.“(2) While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence.“(e)Meetings, Staff, and Authority of Commission.—The provisions of subsections (e) through (g) of section 304 of the Immigration Reform and Control Act of 1986 [[Pub. L. 99–603], set out as a note under [section 1160 of this title]] shall apply to the Commission in the same manner as they apply to the Commission established under such section, except that paragraph (2) of subsection (e) thereof shall not apply.“(f)Authorization of Appropriations.—(1) There are authorized to be appropriated to the Commission such sums as may be necessary to carry out this section.“(2) Notwithstanding any other provision of this section, the authority to make payments, or to enter into contracts, under this section shall be effective only to such extent, or in such amounts, as are provided in advance in appropriations Acts.“(g)Termination Date.—The Commission shall terminate on the date on which a final report is required to be transmitted under subsection (b)(2)(B), except that the Commission may continue to function until January 1, 1998, for the purpose of concluding its activities, including providing testimony to standing committees of Congress concerning its final report under this section and disseminating that report.“(h)Congressional Response.—(1) No later than 90 days after the date of receipt of each report transmitted under subsection (b)(2), the Committees on the Judiciary of the House of Representatives and of the Senate shall initiate hearings to consider the findings and recommendations of the report.“(2) No later than 180 days after the date of receipt of such a report, each such Committee shall report to its respective House its oversight findings and any legislation it deems appropriate.“(i)Presidential Report.—The President shall conduct a review and evaluation and provide for the transmittal of reports to the Congress in the same manner as the Commission is required to conduct a review and evaluation and to transmit reports under subsection (b).”
[References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)] of [Pub. L. 101–509], set out in a note under [section 5376 of Title 5].]
Special Immigrant Status for Certain Aliens Employed at United States Mission in Hong Kong (D Special Immigrants)
[Pub. L. 101–649, title I, § 152], Nov. 29, 1990, [104 Stat. 5005], as amended by [Pub. L. 102–232, title III, § 302(d)(1)], Dec. 12, 1991, [105 Stat. 1744], provided that:“(a)In General.—Subject to subsection (c), an alien described in subsection (b) shall be treated as a special immigrant described in section 101(a)(27)(D) of the Immigration and Nationality Act [[8 U.S.C. 1101(a)(27)(D)]].“(b)Aliens Covered.—An alien is described in this subsection if—“(1) the alien is—“(A) an employee at the United States consulate in Hong Kong under the authority of the Chief of Mission (including employment pursuant to [section 5913 of title 5], United States Code) and has performed faithful service as such an employee for a total of three years or more, or“(B) a member of the immediate family (as defined in 6 Foreign Affairs Manual 117k as of the date of the enactment of this Act [Nov. 29, 1990]) of an employee described in subparagraph (A) who has been living with the employee in the same household;“(2) the welfare of the employee or such an immediate family member is subject to a clear threat due directly to the employee’s employment with the United States Government or under a United States Government official; and“(3) the principal officer in Hong Kong, in the officer’s discretion, has recommended the granting of special immigrant status to such alien in exceptional circumstances and the Secretary of State approves such recommendation and finds that it is in the national interest to grant such status.“(c)Expiration.—Subsection (a) shall only apply to aliens who file an application for special immigrant status under this section by not later than January 1, 2002.“(d)Limited Waiver of Numerical Limitations.—The first 500 visas made available to aliens as special immigrants under this section shall not be counted against any numerical limitation established under section 201 or 202 of the Immigration and Nationality Act [[8 U.S.C. 1151] or 1152].”
Inapplicability of Amendment by [Pub. L. 101–649]
Amendment by [section 203(c) of Pub. L. 101–649] not to affect performance of longshore work in United States by citizens or nationals of United States, see [section 203(a)(2) of Pub. L. 101–649], set out as a note under [section 1288 of this title].
Application of Treaty Trader for Certain Foreign States
[Pub. L. 112–130, § 1], June 8, 2012, [126 Stat. 376], provided that: “Israel shall be deemed to be a foreign state described in section 101(a)(15)(E) of the Immigration and Nationality Act ([8 U.S.C. 1101(a)(15)(E)]) for purposes of clauses (i) and (ii) of such section if the Government of Israel provides similar nonimmigrant status to nationals of the United States.”
[Pub. L. 101–649, title II, § 204(b)], Nov. 29, 1990, [104 Stat. 5019], provided that: “Each of the following foreign states shall be considered, for purposes of section 101(a)(15)(E) of the Immigration and Nationality Act [[8 U.S.C. 1101(a)(15)(E)]], to be a foreign state described in such section if the foreign state extends reciprocal nonimmigrant treatment to nationals of the United States:“(1) The largest foreign state in each region (as defined in section 203(c)(1) of the Immigration and Nationality Act [[8 U.S.C. 1153(c)(1)]]) which (A) has 1 or more dependent areas (as determined for purposes of section 202 of such Act [[8 U.S.C. 1152]]) and (B) does not have a treaty of commerce and navigation with the United States.“(2) The foreign state which (A) was identified as an adversely affected foreign state for purposes of section 314 of the Immigration Reform and Control Act of 1986 [[Pub. L. 99–603], set out as a note under [section 1153 of this title]] and (B) does not have a treaty of commerce and navigation with the United States, but (C) had such a treaty with the United States before 1925.”
Clarification of Treatment of Certain International Accounting and Management Consulting Firms
[Pub. L. 101–649, title II, § 206(a)], Nov. 29, 1990, [104 Stat. 5022], as amended by [Pub. L. 102–232, title III, § 303(a)(9)], Dec. 12, 1991, [105 Stat. 1748]; [Pub. L. 106–95, § 6], Nov. 12, 1999, [113 Stat. 1319], provided that: “In applying sections 101(a)(15)(L) and 203(b)(1)(C) of the Immigration and Nationality Act [[8 U.S.C. 1101(a)(15)(L)], 1153(b)(1)(C)], and for no other purpose, in the case of a partnership that is organized in the United States to provide accounting or management consulting services and that markets its accounting or management consulting services under an internationally recognized name under an agreement with a worldwide coordinating organization that is collectively owned and controlled by the member accounting and management consulting firms or by the elected members (partners, shareholders, members, employees) thereof, an entity that is organized outside the United States to provide accounting or management consulting services shall be considered to be an affiliate of the United States accounting or management consulting partnership if it markets its accounting or management consulting services under the same internationally recognized name directly or indirectly under an agreement with the same worldwide coordinating organization of which the United States partnership is also a member. Those partnerships organized within the United States and entities organized outside the United States which are considered affiliates under this subsection shall continue to be considered affiliates to the extent such firms enter into a plan of association with a successor worldwide coordinating organization, which need not be collectively owned and controlled.”
Admission of Nonimmigrants for Cooperative Research, Development, and Coproduction Projects
[Pub. L. 101–649, title II, § 222], Nov. 29, 1990, [104 Stat. 5028], as amended by [Pub. L. 102–232, title III, § 303(b)(3)], Dec. 12, 1991, [105 Stat. 1748], provided that:“(a)In General.—Subject to subsection (b), the Attorney General shall provide for nonimmigrant status in the case of an alien who—“(1) has a residence in a foreign country which the alien has no intention of abandoning, and“(2) is coming to the United States, upon a basis of reciprocity, to perform services of an exceptional nature requiring such merit and ability relating to a cooperative research and development project or a coproduction project provided under a government-to-government agreement administered by the Secretary of Defense, but not to exceed a period of more than 10 years,or who is the spouse or minor child of such an alien if accompanying or following to join the alien.“(b)Numerical Limitation.—The number of aliens who may be admitted as (or otherwise be provided the status of) a nonimmigrant under this section at any time may not exceed 100.”
Establishment of Special Education Exchange Visitor Program
[Pub. L. 101–649, title II, § 223], Nov. 29, 1990, [104 Stat. 5028], as amended by [Pub. L. 102–232, title III, § 303(b)(4)], Dec. 12, 1991, [105 Stat. 1748], provided that:“(a)In General.—Subject to subsection (b), the Attorney General shall provide for nonimmigrant status in the case of an alien who—“(1) has a residence in a foreign country which the alien has no intention of abandoning, and“(2) is coming temporarily to the United States (for a period not to exceed 18 months) as a participant in a special education training program which provides for practical training and experience in the education of children with physical, mental, or emotional disabilities,or who is the spouse or minor child of such an alien if accompanying or following to join the alien.“(b)Numerical Limitation.—The number of aliens who may be admitted as (or otherwise be provided the status of) a nonimmigrant under this section in any fiscal year may not exceed 50.”
Extension of H–1 Immigration Status for Certain Nonimmigrants Employed in Cooperative Research and Development Projects and Coproduction Projects
[Pub. L. 101–189, div. A, title IX, § 937], Nov. 29, 1989, [103 Stat. 1538], provided that: “The Attorney General shall provide for the extension through December 31, 1991, of nonimmigrant status under section 101(a)(15)(H)(i) of the Immigration and Nationality Act ([8 U.S.C. 1101(a)(15)(H)(i)]) for an alien to perform temporarily services relating to a cooperative research and development project or a coproduction project provided under a government-to-government agreement administered by the Secretary of Defense in the case of an alien who has had such status for a period of at least five years if such status has not expired as of the date of the enactment of this Act [Nov. 29, 1989] but would otherwise expire during 1989, 1990, or 1991, due only to the time limitations with respect to such status.”
Extension of H–1 Status for Certain Registered Nurses Through December 31, 1989
[Pub. L. 100–658, § 4], Nov. 15, 1988, [102 Stat. 3909], provided that: “The Attorney General shall provide for the extension through December 31, 1989, of nonimmigrant status under section 101(a)(15)(H)(i) of the Immigration and Nationality Act [[8 U.S.C. 1101(a)(15)(H)(i)]] for an alien to perform temporarily services as a registered nurse in the case of an alien who has had such status for a period of at least 5 years if—“(1) such status has not expired as of the date of the enactment of this Act [Nov. 15, 1988] but would otherwise expire during 1988 or 1989, due only to the time limitation with respect to such status; or“(2)(A) the alien’s status as such a nonimmigrant expired during the period beginning on January 1, 1987, and ending on the date of the enactment of this Act, due only to the time limitation with respect to such status,“(B) the alien is present in the United States as of the date of the enactment of this Act,“(C) the alien has been employed as a registered nurse in the United States since the date of expiration of such status, and“(D) in the case of an alien whose status expired during 1987, the alien’s employer has filed with the Immigration and Naturalization Service, before the date of the enactment of this Act, an appeal of a petition filed in connection with the alien’s application for extension of such status.”
Residence Within United States Continued During Period of Absence
[Pub. L. 100–525, § 2](o)(2), Oct. 24, 1988, [102 Stat. 2613], provided that: “Only for purposes of section 101(a)(27)(I) of the Immigration and Nationality Act [[8 U.S.C. 1101(a)(27)(I)]], an alien who is or was an officer or employee of an international organization (or is the unmarried son or daughter or surviving spouse of such an officer or employee or former officer or employee) is considered to be residing and physically present in the United States during a period in which the alien is residing in the United States but is absent from the United States because of the officer’s or employee’s need to conduct official business on behalf of the organization or because of customary leave, but only if during the period of the absence the officer or employee continues to have a duty station in the United States and, in the case of such an unmarried son or daughter, the son or daughter is not enrolled in a school outside the United States.”
Nonimmigrant Traders and Investors Under United States-Canada Free-Trade Agreement
For provisions allowing Canadian citizens to be classifiable as nonimmigrants under subsec. (a)(15)(E) of this section upon a basis of reciprocity secured by the United States-Canada Free-Trade Agreement, see [section 307(a) of Pub. L. 100–449], set out in a note under [section 2112 of Title 19], Customs Duties.
Amerasian Immigration
[Pub. L. 100–461, title II], Oct. 1, 1988, [102 Stat. 2268–15], as amended by [Pub. L. 101–167, title II], Nov. 21, 1989, [103 Stat. 1211]; [Pub. L. 101–302, title II], May 25, 1990, [104 Stat. 228]; [Pub. L. 101–513, title II], Nov. 5, 1990, [104 Stat. 1996], provided: “That the provisions of subsection (c) of section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988, as contained in [section 101(e) of Public Law 100–202] [set out below], shall apply to an individual who (1) departs from Vietnam after the date of the enactment of this Act [Oct. 1, 1988], and (2) is described in subsection (b) of such section, but who is issued an immigrant visa under section 201(b) or 203(a) of the Immigration and Nationality Act [[8 U.S.C. 1151(b)], 1153(a)] (rather than under subsection (a) of such section), or would be described in subsection (b) of such section if such section also applied to principal aliens who were citizens of the United States (rather than merely to aliens)”.
[Pub. L. 100–202, § 101(e)] [title V, § 584], Dec. 22, 1987, [101 Stat. 1329–183], as amended by [Pub. L. 101–167, title II], Nov. 21, 1989, [103 Stat. 1211]; [Pub. L. 101–513, title II], Nov. 5, 1990, [104 Stat. 1996]; [Pub. L. 101–649, title VI, § 603(a)(20)], Nov. 29, 1990, [104 Stat. 5084]; [Pub. L. 102–232, title III, § 307](l)(8), Dec. 12, 1991, [105 Stat. 1757], provided that:“(a)(1) Notwithstanding any numerical limitations specified in the Immigration and Nationality Act [[8 U.S.C. 1101] et seq.], the Attorney General may admit aliens described in subsection (b) to the United States as immigrants if—“(A) they are admissible (except as otherwise provided in paragraph (2)) as immigrants, and“(B) they are issued an immigrant visa and depart from Vietnam on or after March 22, 1988.“(2) The provisions of paragraphs (4), (5), and (7)(A) of section 212(a) of the Immigration and Nationality Act [[8 U.S.C. 1182(a)(4)], (5), and (7)(A)] shall not be applicable to any alien seeking admission to the United States under this section, and the Attorney General on the recommendation of a consular officer may waive any other provision of such section (other than paragraph (2)(C) or subparagraph (A), (B), (C), or (E) of paragraph (3)) with respect to such an alien for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest. Any such waiver by the Attorney General shall be in writing and shall be granted only on an individual basis following an investigation by a consular officer.“(3) Notwithstanding section 221(c) of the Immigration and Nationality Act [[8 U.S.C. 1201(c)]], immigrant visas issued to aliens under this section shall be valid for a period of one year.“(b)(1) An alien described in this section is an alien who, as of the date of the enactment of this Act [Dec. 22, 1987], is residing in Vietnam and who establishes to the satisfaction of a consular officer or an officer of the Immigration and Naturalization Service after a face-to-face interview, that the alien—“(A)(i) was born in Vietnam after January 1, 1962, and before January 1, 1976, and (ii) was fathered by a citizen of the United States (such an alien in this section referred to as a ‘principal alien’);“(B) is the spouse or child of a principal alien and is accompanying, or following to join, the principal alien; or“(C) subject to paragraph (2), either (i) is the principal alien’s natural mother (or is the spouse or child of such mother), or (ii) has acted in effect as the principal alien’s mother, father, or next-of-kin (or is the spouse or child of such an alien), and is accompanying, or following to join, the principal alien.“(2) An immigrant visa may not be issued to an alien under paragraph (1)(C) unless the officer referred to in paragraph (1) has determined, in the officer’s discretion, that (A) such an alien has a bona fide relationship with the principal alien similar to that which exists between close family members and (B) the admission of such an alien is necessary for humanitarian purposes or to assure family unity. If an alien described in paragraph (1)(C)(ii) is admitted to the United States, the natural mother of the principal alien involved shall not, thereafter, be accorded any right, privilege, or status under the Immigration and Nationality Act [[8 U.S.C. 1101] et seq.] by virtue of such parentage.“(3) For purposes of this section, the term ‘child’ has the meaning given such term in section 101(b)(1)(A), (B), (C), (D), and (E) of the Immigration and Nationality Act [[8 U.S.C. 1101(b)(1)(A)]–(E)].“(c) Any alien admitted (or awaiting admission) to the United States under this section shall be eligible for benefits under chapter 2 of title IV of the Immigration and Nationality Act [[8 U.S.C. 1521] et seq.] to the same extent as individuals admitted (or awaiting admission) to the United States under section 207 of such Act [[8 U.S.C. 1157]] are eligible for benefits under such chapter.“(d) The Attorney General, in cooperation with the Secretary of State, shall report to Congress 1 year, 2 years, and 3 years, after the date of the enactment of this Act [Dec. 22, 1987] on the implementation of this section. Each such report shall include the number of aliens who are issued immigrant visas and who are admitted to the United States under this section and number of waivers granted under subsection (a)(2) and the reasons for granting such waivers.“(e) Except as otherwise specifically provided in this section, the definitions contained in the Immigration and Nationality Act [[8 U.S.C. 1101] et seq.] shall apply in the administration of this section and nothing contained in this section shall be held to repeal, amend, alter, modify, effect, or restrict the powers, duties, functions, or authority of the Attorney General in the administration and enforcement of such Act or any other law relating to immigration, nationality, or naturalization. The fact that an alien may be eligible to be granted the status of having been lawfully admitted for permanent residence under this section shall not preclude the alien from seeking such status under any other provision of law for which the alien may be eligible.”
[[Pub. L. 102–232, title III, § 307](l)(8), Dec. 12, 1991, [105 Stat. 1757], provided that the amendment made by section 307(l)(8) to section 101(e) [title V, § 584(a)(2)] of [Pub. L. 100–202], set out above, is effective as if included in section 603(a) of the Immigration Act of 1990, [Pub. L. 101–649].]
[[Pub. L. 101–513, title II], Nov. 5, 1990, [104 Stat. 1996], provided that the amendment made by [Pub. L. 101–513] to [Pub. L. 100–202, § 101(e)] [title V, § 584(b)(2)], set out above, is effective Dec. 22, 1987.]
Authorization of Appropriations for Enforcement and Service Activities of Immigration and Naturalization Service
[Pub. L. 99–603, title I, § 111], Nov. 6, 1986, [100 Stat. 3381], provided that:“(a)Two Essential Elements.—It is the sense of Congress that two essential elements of the program of immigration control established by this Act [see Short Title of 1986 Amendments note above] are—“(1) an increase in the border patrol and other inspection and enforcement activities of the Immigration and Naturalization Service and of other appropriate Federal agencies in order to prevent and deter the illegal entry of aliens into the United States and the violation of the terms of their entry, and“(2) an increase in examinations and other service activities of the Immigration and Naturalization Service and other appropriate Federal agencies in order to ensure prompt and efficient adjudication of petitions and applications provided for under the Immigration and Nationality Act [this chapter].“(b)Increased Authorization of Appropriations for INS and EOIR.—In addition to any other amounts authorized to be appropriated, in order to carry out this Act there are authorized to be appropriated to the Department of Justice—“(1) for the Immigration and Naturalization Service, for fiscal year 1987, $422,000,000, and for fiscal year 1988, $419,000,000; and“(2) for the Executive Office of Immigration Review, for fiscal year 1987, $12,000,000, and for fiscal year 1988, $15,000,000.Of the amounts authorized to be appropriated under paragraph (1) sufficient funds shall be available to provide for an increase in the border patrol personnel of the Immigration and Naturalization Service so that the average level of such personnel in each of fiscal years 1987 and 1988 is at least 50 percent higher than such level for fiscal year 1986.“(c)Use of Funds for Improved Services.—Of the funds appropriated to the Department of Justice for the Immigration and Naturalization Service, the Attorney General shall provide for improved immigration and naturalization services and for enhanced community outreach and in-service training of personnel of the Service. Such enhanced community outreach may include the establishment of appropriate local community taskforces to improve the working relationship between the Service and local community groups and organizations (including employers and organizations representing minorities).“(d)Supplemental Authorization of Appropriations for Wage and Hour Enforcement.—There are authorized to be appropriated, in addition to such sums as may be available for such purposes, such sums as may be necessary to the Department of Labor for enforcement activities of the Wage and Hour Division and the Office of Federal Contract Compliance Programs within the Employment Standards Administration of the Department in order to deter the employment of unauthorized aliens and remove the economic incentive for employers to exploit and use such aliens.”
Eligibility of H–2 Agricultural Workers for Certain Legal Assistance
[Pub. L. 99–603, title III, § 305], Nov. 6, 1986, [100 Stat. 3434], provided that: “A nonimmigrant worker admitted to or permitted to remain in the United States under section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act ([8 U.S.C. 1101(a)(15)(H)(ii)(a)]) for agricultural labor or service shall be considered to be an alien described in section 101(a)(20) of such Act ([8 U.S.C. 1101(a)(20)]) for purposes of establishing eligibility for legal assistance under the Legal Services Corporation Act ([42 U.S.C. 2996] et seq.), but only with respect to legal assistance on matters relating to wages, housing, transportation, and other employment rights as provided in the worker’s specific contract under which the nonimmigrant was admitted.”
Denial of Crew Member Nonimmigrant Visa in Case of Strikes
[Pub. L. 99–603, title III, § 315(d)], Nov. 6, 1986, [100 Stat. 3440], provided that:“(1) Except as provided in paragraph (2), during the one-year period beginning on the date of the enactment of this Act [Nov. 6, 1986], an alien may not be admitted to the United States as an alien crewman (under section 101(a)(15)(D) of the Immigration and Nationality Act, [8 U.S.C. 1101(a)(15)(D)]) for the purpose of performing service on board a vessel or aircraft at a time when there is a strike in the bargaining unit of the employer in which the alien intends to perform such service.“(2) Paragraph (1) shall not apply to an alien employee who was employed before the date of the strike concerned and who is seeking admission to enter the United States to continue to perform services as a crewman to the same extent and on the same routes as the alien performed such services before the date of the strike.”
Sense of Congress Respecting Consultation With Mexico
[Pub. L. 99–603, title IV, § 407], Nov. 6, 1986, [100 Stat. 3443], provided that: “It is the sense of the Congress that the President of the United States should consult with the President of the Republic of Mexico within 90 days after enactment of this Act [Nov. 6, 1986] regarding the implementation of this Act [see Short Title of 1986 Amendments note above] and its possible effect on the United States or Mexico. After the consultation, it is the sense of the Congress that the President should report to the Congress any legislative or administrative changes that may be necessary as a result of the consultation and the enactment of this legislation.”
Commission for the Study of International Migration and Cooperative Economic Development
[Pub. L. 99–603, title VI, § 601], Nov. 6, 1986, [100 Stat. 3444], as amended by [Pub. L. 100–525, § 2(r)], Oct. 24, 1988, [102 Stat. 2614], provided for establishment, membership, etc., of a Commission for the Study of International Migration and Cooperative Economic Development to examine, in consultation with governments of Mexico and other sending countries in Western Hemisphere, the conditions which contribute to unauthorized migration to United States and mutually beneficial reciprocal trade and investment programs to alleviate conditions leading to such unauthorized migration and to report to President and Congress, not later than 3 years after appointment of members of Commission, on results of Commission’s examination with recommendations on providing mutually beneficial reciprocal trade and investment programs to alleviate such unauthorized migration.
Treatment of Departures From Guam
[Pub. L. 99–505, § 2], Oct. 21, 1986, [100 Stat. 1806], provided that: “In the administration of section 101(a)(15)(D)(ii) of the Immigration and Nationality Act [[8 U.S.C. 1101(a)(15)(D)(ii)]] (added by the amendment made by section 1 of this Act), an alien crewman shall be considered to have departed from Guam after leaving the territorial waters of Guam, without regard to whether the alien arrives in a foreign state before returning to Guam.”
Alien Employees of American University of Beirut
Priv. L. 98–53, Oct. 30, 1984, [98 Stat. 3437], provided: “That an alien lawfully admitted to the United States for permanent residence shall be considered, for purposes of section 101(a)(27)(A) of the Immigration and Nationality Act ([8 U.S.C. 1101(a)(27)(A)]), to be temporarily visiting abroad during any period (before or after the date of the enactment of this Act [Oct. 30, 1984]) in which the alien is employed by the American University of Beirut.”
Study and Evaluation of Exchange Programs for Graduate Medical Education of Alien Graduates of Foreign Medical Schools; Report to Congress Not Later Than January 15, 1983
[Pub. L. 97–116, § 5(e)], Dec. 29, 1981, [95 Stat. 1614], directed Secretary of Health and Human Services, after consultation with Attorney General, Secretary of State, and Director of the International Communication Agency, to evaluate effectiveness and value to foreign nations and United States of exchange programs for graduate medical education or training of aliens who were graduates of foreign medical schools, and to report to Congress, not later than Jan. 15, 1983, on such evaluation, and include such recommendations for changes in legislation and regulations as appropriate.
Adjustment of Status of Nonimmigrant Aliens Residing in the Virgin Islands to Permanent Resident Alien Status
Upon application during the one-year period beginning Sept. 30, 1982, by an alien who was inspected and admitted to the Virgin Islands of the United States either as a nonimmigrant alien worker under subsec. (a)(15)(H)(ii) of this section or as a spouse or minor child of such worker, and has resided continuously in the Virgin Islands since June 30, 1975, the Attorney General may adjust the status of such nonimmigrant alien to that of an alien lawfully admitted for permanent residence, provided certain conditions are met, and such alien is not to be deported for failure to maintain nonimmigrant status until final action is taken on the alien’s application for adjustment, see section 2(a), (b) of [Pub. L. 97–271], set out as a note under [section 1255 of this title].
Limitation on Admission of Aliens Seeking Employment in the Virgin Islands
Notwithstanding any other provision of law, the Attorney General not to be authorized, on or after Sept. 30, 1982, to approve any petition filed under [section 1184(c) of this title] in the case of importing any alien as a nonimmigrant under subsec. (a)(15)(H)(ii) of this section for employment in the Virgin Islands of the United States other than as an entertainer or as an athlete and for a period not exceeding 45 days, see [section 3 of Pub. L. 97–271], set out as a note under [section 1255 of this title].
Limitation on Admission of Special Immigrants
[Pub. L. 96–70, title III, § 3201(c)], Sept. 27, 1979, [93 Stat. 497], provided that notwithstanding any other provision of law, not more than 15,000 individuals could be admitted to the United States as special immigrants under subparagraphs (E), (F), and (G) of subsec. (a)(27) of this section, of which not more than 5,000 could be admitted in any fiscal year, prior to repeal by [Pub. L. 103–416, title II, § 212(a)], Oct. 25, 1994, [108 Stat. 4314].
Executive Order
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. 1101–155]7), 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.
Miscellaneous
Deterring Illegal Immigration
Memorandum of President of the United States, Feb. 7, 1995, 60 F.R. 7885, provided:
Memorandum for the Heads of Executive Departments and Agencies
It is a fundamental right and duty for a nation to protect the integrity of its borders and its laws. This Administration shall stand firm against illegal immigration and the continued abuse of our immigration laws. By closing the back door to illegal immigration, we will continue to open the front door to legal immigrants.
My Administration has moved swiftly to reverse the course of a decade of failed immigration policies. Our initiatives have included increasing overall Border personnel by over 50 percent since 1993. We also are strengthening worksite enforcement and work authorization verification to deter employment of illegal aliens. Asylum rules have been reformed to end abuse by those falsely claiming asylum, while offering protection to those in genuine fear of persecution. We are cracking down on smugglers of illegal aliens and reforming criminal alien deportation for quicker removal. And we are the first Administration to obtain funding to reimburse States for a share of the costs of incarcerating criminal illegal aliens.
While we already are doing more to stem the flow of illegal immigration than has any previous Administration, more remains to be done. In conjunction with the Administration’s unprecedented budget proposal to support immigration initiatives, this directive provides a blueprint of policies and priorities for this Administration’s continuing work to curtail illegal immigration. With its focus on strong border deterrence backed up by effective worksite enforcement, removal of criminal and other deportable aliens and assistance to states, this program protects the security of our borders, our jobs and our communities for all Americans—citizens and legal immigrants alike.
COMPREHENSIVE BORDER CONTROL STRATEGY
A. Deterring Illegal Immigration At Our Borders
I have directed the Attorney General to move expeditiously toward full implementation of our comprehensive border control strategy, including efforts at the southwest border. To support sustained long-term strengthening of our deterrence capacity, the Administration shall seek funding to add new Border Patrol agents to reach the goal of at least 7,000 agents protecting our borders by the year 2000.
Flexible Border Response Capacity
To further this strategy, the Department of Justice shall implement the capacity to respond to emerging situations anywhere along our national borders to deter buildups of illegal border crossers, smuggling operations, or other developing problems.
Strategic Use of High Technology
Through the strategic use of sensors, night scopes, helicopters, light planes, all-terrain vehicles, fingerprinting and automated recordkeeping, we have freed many Border Patrol agents from long hours of bureaucratic tasks and increased the effectiveness of these highly-trained personnel. Because these tools are essential for the Immigration and Naturalization Service (INS) to do its job, I direct the Attorney General to accelerate to the greatest extent possible their utilization and enhancement to support implementation of our deterrence strategy.
Strong Enforcement Against Repeat Illegal Crossers
The Department of Justice shall assess the effectiveness of efforts underway to deter repeat illegal crossers, such as fingerprinting and dedicating prosecution resources to enforce the new prosecution authority provided by the Violent Crime Control and Law Enforcement Act of 1994 [[Pub. L. 103–322], see Tables for classification].
The Department of Justice shall determine whether accelerated expansion of these techniques to additional border sectors is warranted.
B. Deterring Alien Smuggling
This Administration has had success deterring large ship-based smuggling directly to United States shores. In response, smugglers are testing new routes and tactics. Our goal: similar success in choking off these attempts by adjusting our anti-smuggling initiatives to anticipate shifting smuggling patterns.
To meet new and continuing challenges posed along transport routes and in foreign locations by smuggling organizations, we will augment diplomatic and enforcement resources at overseas locations to work with host governments, and increase related intelligence gathering efforts.
The Departments of State and Justice, in cooperation with other relevant agencies, will report to the National Security Council within 30 days on the structure of interagency coordination to achieve these objectives.
Congressional action will be important to provide U.S. law enforcement agencies with needed authority to deal with international smuggling operations. I will propose that the Congress pass legislation providing wiretap authority for investigation of alien smuggling cases and providing authorization to seize the assets of groups engaged in trafficking in human cargo.
In addition, I will propose legislation to give the Attorney General authority to implement procedures for expedited exclusion to deal with large flows of undocumented migrants, smuggling operations, and other extraordinary migration situations.
C. Visa Overstay Deterrence
Nearly half of this country’s illegal immigrants come into the country legally and then stay after they are required by law to depart, often using fraudulent documentation. No Administration has ever made a serious effort to identify and deport these individuals. This Administration is committed to curtailing this form of illegal immigration.
Therefore, relevant departments and agencies are directed to review their policies and practices to identify necessary reforms to curtail visa overstayers and to enhance investigations and prosecution of those who fraudulently produce or misuse passports, visas, and other travel related documents. Recommendations for administrative initiatives and legislative reform shall be presented to the White House Interagency Working Group on Immigration by June 30, 1995.
REDUCING THE MAGNET OF WORK OPPORTUNITIES, WORKSITE ENFORCEMENT, AND DETERRENCE
Border deterrence cannot succeed if the lure of jobs in the United States remains. Therefore, a second major component of the Administration’s deterrence strategy is to toughen worksite enforcement and employer sanctions. Employers who hire illegal immigrants not only obtain unfair competitive advantage over law-abiding employers, their unlawful use of illegal immigrants suppresses wages and working conditions for our country’s legal workers. Our strategy, which targets enforcement efforts at employers and industries that historically have relied upon employment of illegal immigrants, will not only strengthen deterrence of illegal immigration, but better protect American workers and businesses that do not hire illegal immigrants.
Central to this effort is an effective, nondiscriminatory means of verifying the employment authorization of all new employees. The Administration fully supports the recommendation of the Commission on Legal Immigration Reform to create pilot projects to test various techniques for improving workplace verification, including a computer database test to validate a new worker’s social security number for work authorization purposes. The Immigration and Naturalization Service (INS) and Social Security Administration are directed to establish, implement, monitor, and review the pilots and provide me with an interim report on the progress of this program by March 1, 1996.
In addition, the INS is directed to finalize the Administration’s reduction of the number of authorized documents to support work verification for noncitizens. Concurrently, the Administration will seek further reduction legislatively in the number of documents that are acceptable for proving identity and work authorization. The Administration will improve the security of existing documents to be used for work authorization and seek increased penalties for immigration fraud, including fraudulent production and use of documents.
The Department of Labor shall intensify its investigations in industries with patterns of labor law violations that promote illegal immigration.
I also direct the Department of Labor, INS, and other relevant Federal agencies to expand their collaboration in cracking down on those who subvert fair competition by hiring illegal aliens. This may include increased Federal authority to confiscate assets that are the fruits of that unfair competition.
The White House Interagency Working Group on Immigration shall further examine the link between immigration and employment, including illegal immigration, and recommend to me other appropriate measures.
DETENTION AND REMOVAL OF DEPORTABLE ILLEGAL ALIENS
The Administration’s deterrence strategy includes strengthening the country’s detention and deportation capability. No longer will criminals and other high risk deportable aliens be released back into communities because of a shortage of detention space and ineffective deportation procedures.
A. Comprehensive Deportation Process Reform
The Department of Justice, in consultation with other relevant agencies, shall develop a streamlined, fair, and effective procedure to expedite removal of deportable aliens. As necessary, additional legislative authority will be sought in this area. In addition, the Department of Justice shall increase its capacity to staff deportation and exclusion hearings to support these objectives.
B. National Detention and Removal Plan
To address the shortage of local detention space for illegal aliens, the Administration shall devise a National Detention, Transportation, and Removal Policy that will permit use of detention space across the United States and improve the ability to remove individuals with orders of deportation. The Department of Justice, in consultation with other agencies as appropriate and working under the auspices of the White House Interagency Working Group on Immigration, shall finalize this plan by April 30, 1995.
The Administration will seek support and funding from the Congress for this plan and for our efforts to double the removal of illegal aliens with final orders of deportation.
C. Identification and Removal of Criminal Aliens
The Institutional Hearing Program is successfully expediting deportation of incarcerated criminal aliens after they serve their sentences.
To further expedite removal of criminal aliens from this country and reduce costs to Federal and State governments, the Department of Justice is directed to develop an expanded program of verification of the immigration status of criminal aliens within our country’s prisons. In developing this program, the viability of expanding the work of the Law Enforcement Support Center should be assessed and all necessary steps taken to increase coordination and cooperative efforts with State, and local law enforcement officers in identification of criminal aliens.
TARGETED DETERRENCE AREAS
Many of the Administration’s illegal immigration enforcement initiatives are mutually reinforcing. For example, strong interior enforcement supports border control. While there have been efforts over the years at piecemeal cooperation, this Administration will examine, develop, and test a more comprehensive coordinated package of deterrence strategies in selected metropolitan areas by multiple Federal, State, and local agencies.
The White House Interagency Working Group on Immigration shall coordinate the development of this interagency and intergovernmental operation.
VERIFICATION OF ELIGIBILITY FOR BENEFITS
The law denies most government benefits to illegal aliens. The government has a duty to assure that taxpayer-supported public assistance programs are not abused. As with work authorization, enforcement of eligibility requirements relies upon a credible system of verification. The INS, working with the White House Interagency Working Group on Immigration as appropriate, shall review means of improving the existing benefits verification program. In addition, we will seek new mechanisms—including increased penalties for false information used to qualify for benefits—to protect the integrity of public programs.
ANTI-DISCRIMINATION
Our efforts to combat illegal immigration must not violate the privacy and civil rights of legal immigrants and U.S. citizens. Therefore, I direct the Attorney General, the Secretary of Health and Human Services, the Chair of the Equal Employment Opportunity Commission, and other relevant Administration officials to vigorously protect our citizens and legal immigrants from immigration-related instances of discrimination and harassment. All illegal immigration enforcement measures shall be taken with due regard for the basic human rights of individuals and in accordance with our obligations under applicable international agreements.
ASSISTANCE TO STATES
States today face significant costs for services provided to illegal immigrants as a result of failed policies of the past. Deterring illegal immigration is the best long-term solution to protect States from growing costs for illegal immigration. This is the first Administration to address this primary responsibility squarely. We are targeting most of our Federal dollars to those initiatives that address the root causes that lead to increased burdens on States.
The Federal Government provides States with billions of dollars to provide for health care, education, and other services and benefits for immigrants. This Administration is proposing increases for immigration and immigration-related spending of 25 percent in 1996 compared to 1993 levels. In addition, this Administration is the first to obtain funding from the Congress to reimburse States for a share of the costs of incarcerated illegal aliens.
This Administration will continue to work with States to obtain more Federal help for certain State costs and will oppose inappropriate cost-shifting to the States.
INTERNATIONAL COOPERATION
This Administration will continue to emphasize international cooperative efforts to address illegal immigration.
Pursuant to a Presidential Review Directive (PRD), the Department of State is now coordinating a study on United States policy toward international refugee and migration affairs. I hereby direct that, as part of that PRD process, this report to the National Security Council include the relationship of economic development and migration in the Western Hemisphere and, in particular, provide recommendations for further foreign economic policy measures to address causes of illegal immigration.
The Department of State shall coordinate an interagency effort to consider expanded arrangements with foreign governments for return of criminal and deportable aliens.
The Department of State also shall seek to negotiate readmission agreements for persons who could have sought asylum in the last country from which they arrived. Such agreements will take due regard of U.S. obligations under the Protocol Relating to the Status of Refugees.
The Department of State further shall implement cooperative efforts with other nations receiving smuggled aliens or those used as transhipment points by smugglers. In particular, we will look to countries in our hemisphere to join us by denying their territory as bases for smuggling operations.
The Department of State shall initiate negotiations with foreign countries to secure authority for the United States Coast Guard to board source country vessels suspected of transporting smuggled aliens.
This directive shall be published in the Federal Register.
William J. Clinton.
Definitions
Definitions
[Pub. L. 104–208, div. C, § 1(c)], Sept. 30, 1996, [110 Stat. 3009–546], 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)]].”
[Pub. L. 104–208, div. C, title V, § 594], Sept. 30, 1996, [110 Stat. 3009–688], 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.”
[Pub. L. 85–316, § 14], Sept. 11, 1957, [71 Stat. 643], 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.]”
