§ 1101. — Definitions.
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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 8USC1101]
TITLE 8--ALIENS AND NATIONALITY
CHAPTER 12--IMMIGRATION AND NATIONALITY
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 1101. Definitions
(a) As used in this chapter--
(1) The term ``administrator'' means the official designated by the
Secretary of State pursuant to section 1104(b) of this title.
(2) The term ``advocates'' includes, but is not limited to, advises,
recommends, furthers by overt act, and admits belief in.
(3) The term ``alien'' means any person not a citizen or national of
the United States.
(4) The term ``application for admission'' has reference to the
application for admission into the United States and not to the
application for the issuance of an immigrant or nonimmigrant visa.
(5) The term ``Attorney General'' means the Attorney General of the
United States.
(6) The term ``border crossing identification card'' means a
document of identity bearing that designation issued to an alien who is
lawfully admitted for permanent residence, or to an alien who is a
resident in foreign contiguous territory, by a consular officer or an
immigration officer for the purpose of crossing over the borders between
the United States and foreign contiguous territory in accordance with
such conditions for its issuance and use as may be prescribed by
regulations. Such regulations shall provide that (A) each such document
include a biometric identifier (such as the fingerprint or handprint of
the alien) that is machine readable and (B) an alien presenting a border
crossing identification card is not permitted to cross over the border
into the United States unless the biometric identifier contained on the
card matches the appropriate biometric characteristic of the alien.
(7) The term ``clerk of court'' means a clerk of a naturalization
court.
(8) The terms ``Commissioner'' and ``Deputy Commissioner'' mean the
Commissioner of Immigration and Naturalization and a Deputy Commissioner
of Immigration and Naturalization, respectively.
(9) The term ``consular officer'' means any consular, diplomatic, or
other officer or employee of the United States designated under
regulations prescribed under authority contained in this chapter, for
the purpose of issuing immigrant or nonimmigrant visas or, when used in
subchapter III of this chapter, for the purpose of adjudicating
nationality.
(10) The term ``crewman'' means a person serving in any capacity on
board a vessel or aircraft.
(11) The term ``diplomatic visa'' means a nonimmigrant visa bearing
that title and issued to a nonimmigrant in accordance with such
regulations as the Secretary of State may prescribe.
(12) The term ``doctrine'' includes, but is not limited to,
policies, practices, purposes, aims, or procedures.
(13)(A) The terms ``admission'' and ``admitted'' mean, with respect
to an alien, the lawful entry of the alien into the United States after
inspection and authorization by an immigration officer.
(B) An alien who is paroled under section 1182(d)(5) of this title
or permitted to land temporarily as an alien crewman shall not be
considered to have been admitted.
(C) An alien lawfully admitted for permanent residence in the United
States shall not be regarded as seeking an admission into the United
States for purposes of the immigration laws unless the alien--
(i) has abandoned or relinquished that status,
(ii) has been absent from the United States for a continuous
period in excess of 180 days,
(iii) has engaged in illegal activity after having departed the
United States,
(iv) has departed from the United States while under legal
process seeking removal of the alien from the United States,
including removal proceedings under this chapter and extradition
proceedings,
(v) has committed an offense identified in section 1182(a)(2) of
this title, unless since such offense the alien has been granted
relief under section 1182(h) or 1229b(a) of this title, or
(vi) is attempting to enter at a time or place other than as
designated by immigration officers or has not been admitted to the
United States after inspection and authorization by an immigration
officer.
(14) The term ``foreign state'' includes outlying possessions of a
foreign state, but self-governing dominions or territories under mandate
or trusteeship shall be regarded as separate foreign states.
(15) The term ``immigrant'' means every alien except an alien who is
within one of the following classes of nonimmigrant aliens--
(A)(i) an ambassador, public minister, or career diplomatic or
consular officer who has been accredited by a foreign government,
recognized de jure by the United States and who is accepted by the
President or by the Secretary of State, and the members of the
alien's immediate family;
(ii) upon a basis of reciprocity, other officials and employees
who have been accredited by a foreign government recognized de jure
by the United States, who are accepted by the Secretary of State,
and the members of their immediate families; and
(iii) upon a basis of reciprocity, attendants, servants,
personal employees, and members of their immediate families, of the
officials and employees who have a nonimmigrant status under (i) and
(ii) above;
(B) an alien (other than one coming for the purpose of study or
of performing skilled or unskilled labor or as a representative of
foreign press, radio, film, or other foreign information media
coming to engage in such vocation) having a residence in a foreign
country which he has no intention of abandoning and who is visiting
the United States temporarily for business or temporarily for
pleasure;
(C) an alien in immediate and continuous transit through the
United States, or an alien who qualifies as a person entitled to
pass in transit to and from the United Nations Headquarters District
and foreign countries, under the provisions of paragraphs (3), (4),
and (5) of section 11 of the Headquarters Agreement with the United
Nations (61 Stat. 758);
(D)(i) an alien crewman serving in good faith as such in a
capacity required for normal operation and service on board a
vessel, as defined in section 1288(a) of this title (other than a
fishing vessel having its home port or an operating base in the
United States), or aircraft, who intends to land temporarily and
solely in pursuit of his calling as a crewman and to depart from the
United States with the vessel or aircraft on which he arrived or
some other vessel or aircraft;
(ii) an alien crewman serving in good faith as such in any
capacity required for normal operations and service aboard a fishing
vessel having its home port or an operating base in the United
States who intends to land temporarily in Guam and solely in pursuit
of his calling as a crewman and to depart from Guam with the vessel
on which he arrived;
(E) an alien entitled to enter the United States under and in
pursuance of the provisions of a treaty of commerce and navigation
between the United States and the foreign state of which he is a
national, and the spouse and children of any such alien if
accompanying or following to join him; (i) solely to carry on
substantial trade, including trade in services or trade in
technology, principally between the United States and the foreign
state of which he is a national; or (ii) solely to develop and
direct the operations of an enterprise in which he has invested, or
of an enterprise in which he is actively in the process of
investing, a substantial amount of capital;
(F)(i) an alien having a residence in a foreign country which he
has no intention of abandoning, who is a bona fide student qualified
to pursue a full course of study and who seeks to enter the United
States temporarily and solely for the purpose of pursuing such a
course of study consistent with section 1184(l) \1\ of this title at
an established college, university, seminary, conservatory, academic
high school, elementary school, or other academic institution or in
a language training program in the United States, particularly
designated by him and approved by the Attorney General after
consultation with the Secretary of Education, which institution or
place of study shall have agreed to report to the Attorney General
the termination of attendance of each nonimmigrant student, and if
any such institution of learning or place of study fails to make
reports promptly the approval shall be withdrawn, (ii) the alien
spouse and minor children of any alien described in clause (i) if
accompanying or following to join such an alien, and (iii) an alien
who is a national of Canada or Mexico, who maintains actual
residence and place of abode in the country of nationality, who is
described in clause (i) except that the alien's qualifications for
and actual course of study may be full or part-time, and who
commutes to the United States institution or place of study from
Canada or Mexico;
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(G)(i) a designated principal resident representative of a
foreign government recognized de jure by the United States, which
foreign government is a member of an international organization
entitled to enjoy privileges, exemptions, and immunities as an
international organization under the International Organizations
Immunities Act (59 Stat. 669) [22 U.S.C. 288 et seq.], accredited
resident members of the staff of such representatives, and members
of his or their immediate family;
(ii) other accredited representatives of such a foreign
government to such international organizations, and the members of
their immediate families;
(iii) an alien able to qualify under (i) or (ii) above except
for the fact that the government of which such alien is an
accredited representative is not recognized de jure by the United
States, or that the government of which he is an accredited
representative is not a member of such international organization;
and the members of his immediate family;
(iv) officers, or employees of such international organizations,
and the members of their immediate families;
(v) attendants, servants, and personal employees of any such
representative, officer, or employee, and the members of the
immediate families of such attendants, servants, and personal
employees;
(H) an alien (i)[(a) Repealed. Pub. L. 106-95, Sec. 2(c), Nov.
12, 1999, 113 Stat. 1316] (b) subject to section 1182(j)(2) of this
title, who is coming temporarily to the United States to perform
services (other than services described in subclause (a) during the
period in which such subclause applies and other than services
described in subclause (ii)(a) or in subparagraph (O) or (P)) in a
specialty occupation described in section 1184(i)(1) of this title
or as a fashion model, who meets the requirements for the occupation
specified in section 1184(i)(2) of this title or, in the case of a
fashion model, is of distinguished merit and ability, and with
respect to whom the Secretary of Labor determines and certifies to
the Attorney General that the intending employer has filed with the
Secretary an application under section 1182(n)(1) of this title, or
(c) who is coming temporarily to the United States to perform
services as a registered nurse, who meets the qualifications
described in section 1182(m)(1) of this title, and with respect to
whom the Secretary of Labor determines and certifies to the Attorney
General that an unexpired attestation is on file and in effect under
section 1182(m)(2) of this title for the facility (as defined in
section 1182(m)(6) of this title) for which the alien will perform
the services; or (ii)(a) having a residence in a foreign country
which he has no intention of abandoning who is coming temporarily to
the United States to perform agricultural labor or services, as
defined by the Secretary of Labor in regulations and including
agricultural labor defined in section 3121(g) of title 26 and
agriculture as defined in section 203(f) of title 29, of a temporary
or seasonal nature, or (b) having a residence in a foreign country
which he has no intention of abandoning who is coming temporarily to
the United States to perform other temporary service or labor if
unemployed persons capable of performing such service or labor
cannot be found in this country, but this clause shall not apply to
graduates of medical schools coming to the United States to perform
services as members of the medical profession; or (iii) having a
residence in a foreign country which he has no intention of
abandoning who is coming temporarily to the United States as a
trainee, other than to receive graduate medical education or
training, in a training program that is not designed primarily to
provide productive employment; and the alien spouse and minor
children of any such alien specified in this paragraph if
accompanying him or following to join him;
(I) upon a basis of reciprocity, an alien who is a bona fide
representative of foreign press, radio, film, or other foreign
information media, who seeks to enter the United States solely to
engage in such vocation, and the spouse and children of such a
representative, if accompanying or following to join him;
(J) an alien having a residence in a foreign country which he
has no intention of abandoning who is a bona fide student, scholar,
trainee, teacher, professor, research assistant, specialist, or
leader in a field of specialized knowledge or skill, or other person
of similar description, who is coming temporarily to the United
States as a participant in a program designated by the Director of
the United States Information Agency, for the purpose of teaching,
instructing or lecturing, studying, observing, conducting research,
consulting, demonstrating special skills, or receiving training and
who, if he is coming to the United States to participate in a
program under which he will receive graduate medical education or
training, also meets the requirements of section 1182(j) of this
title, and the alien spouse and minor children of any such alien if
accompanying him or following to join him;
(K) subject to subsections (d) and (p) of section 1184 of this
title, an alien who--
(i) is the fiancee or fiance of a citizen of the United
States and who seeks to enter the United States solely to
conclude a valid marriage with the petitioner within ninety days
after admission;
(ii) has concluded a valid marriage with a citizen of the
United States who is the petitioner, is the beneficiary of a
petition to accord a status under section 1151(b)(2)(A)(i) of
this title that was filed under section 1154 of this title by
the petitioner, and seeks to enter the United States to await
the approval of such petition and the availability to the alien
of an immigrant visa; or
(iii) is the minor child of an alien described in clause (i)
or (ii) and is accompanying, or following to join, the alien;
(L) subject to section 1184(c)(2) of this title, an alien who,
within 3 years preceding the time of his application for admission
into the United States, has been employed continuously for one year
by a firm or corporation or other legal entity or an affiliate or
subsidiary thereof and who seeks to enter the United States
temporarily in order to continue to render his services to the same
employer or a subsidiary or affiliate thereof in a capacity that is
managerial, executive, or involves specialized knowledge, and the
alien spouse and minor children of any such alien if accompanying
him or following to join him;
(M)(i) an alien having a residence in a foreign country which he
has no intention of abandoning who seeks to enter the United States
temporarily and solely for the purpose of pursuing a full course of
study at an established vocational or other recognized nonacademic
institution (other than in a language training program) in the
United States particularly designated by him and approved by the
Attorney General, after consultation with the Secretary of
Education, which institution shall have agreed to report to the
Attorney General the termination of attendance of each nonimmigrant
nonacademic student and if any such institution fails to make
reports promptly the approval shall be withdrawn, (ii) the alien
spouse and minor children of any alien described in clause (i) if
accompanying or following to join such an alien, and (iii) an alien
who is a national of Canada or Mexico, who maintains actual
residence and place of abode in the country of nationality, who is
described in clause (i) except that the alien's course of study may
be full or part-time, and who commutes to the United States
institution or place of study from Canada or Mexico;
(N)(i) the parent of an alien accorded the status of special
immigrant under paragraph (27)(I)(i) (or under analogous authority
under paragraph (27)(L)), but only if and while the alien is a
child, or
(ii) a child of such parent or of an alien accorded the status
of a special immigrant under clause (ii), (iii), or (iv) of
paragraph (27)(I) (or under analogous authority under paragraph
(27)(L));
(O) an alien who--
(i) has extraordinary ability in the sciences, arts,
education, business, or athletics which has been demonstrated by
sustained national or international acclaim or, with regard to
motion picture and television productions a demonstrated record
of extraordinary achievement, and whose achievements have been
recognized in the field through extensive documentation, and
seeks to enter the United States to continue work in the area of
extraordinary ability; or
(ii)(I) seeks to enter the United States temporarily and
solely for the purpose of accompanying and assisting in the
artistic or athletic performance by an alien who is admitted
under clause (i) for a specific event or events,
(II) is an integral part of such actual performance,
(III)(a) has critical skills and experience with such alien
which are not of a general nature and which cannot be performed
by other individuals, or (b) in the case of a motion picture or
television production, has skills and experience with such alien
which are not of a general nature and which are critical either
based on a pre-existing longstanding working relationship or,
with respect to the specific production, because significant
production (including pre- and post-production work) will take
place both inside and outside the United States and the
continuing participation of the alien is essential to the
successful completion of the production, and
(IV) has a foreign residence which the alien has no
intention of abandoning; or
(iii) is the alien spouse or child of an alien described in
clause (i) or (ii) and is accompanying, or following to join,
the alien;
(P) an alien having a foreign residence which the alien has no
intention of abandoning who--
(i)(a) is described in section 1184(c)(4)(A) of this title
(relating to athletes), or (b) is described in section
1184(c)(4)(B) of this title (relating to entertainment groups);
(ii)(I) performs as an artist or entertainer, individually
or as part of a group, or is an integral part of the performance
of such a group, and
(II) seeks to enter the United States temporarily and solely
for the purpose of performing as such an artist or entertainer
or with such a group under a reciprocal exchange program which
is between an organization or organizations in the United States
and an organization or organizations in one or more foreign
states and which provides for the temporary exchange of artists
and entertainers, or groups of artists and entertainers;
(iii)(I) performs as an artist or entertainer, individually
or as part of a group, or is an integral part of the performance
of such a group, and
(II) seeks to enter the United States temporarily and solely
to perform, teach, or coach as such an artist or entertainer or
with such a group under a commercial or noncommercial program
that is culturally unique; or
(iv) is the spouse or child of an alien described in clause
(i), (ii), or (iii) and is accompanying, or following to join,
the alien;
(Q)(i) an alien having a residence in a foreign country which he
has no intention of abandoning who is coming temporarily (for a
period not to exceed 15 months) to the United States as a
participant in an international cultural exchange program approved
by the Attorney General for the purpose of providing practical
training, employment, and the sharing of the history, culture, and
traditions of the country of the alien's nationality and who will be
employed under the same wages and working conditions as domestic
workers; or (ii)(I) an alien 35 years of age or younger having a
residence 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 36 months) to the United
States as a participant in a cultural and training program approved
by the Secretary of State and the Attorney General 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;
(R) an alien, and the spouse and children of the alien if
accompanying or following to join the alien, who--
(i) for the 2 years immediately preceding the time of
application for admission, has been a member of a religious
denomination having a bona fide nonprofit, religious
organization in the United States; and
(ii) seeks to enter the United States for a period not to
exceed 5 years to perform the work described in subclause (I),
(II), or (III) of paragraph (27)(C)(ii);
(S) subject to section 1184(k) of this title, an alien--
(i) who the Attorney General determines--
(I) is in possession of critical reliable information
concerning a criminal organization or enterprise;
(II) is willing to supply or has supplied such
information to Federal or State law enforcement authorities
or a Federal or State court; and
(III) whose presence in the United States the Attorney
General determines is essential to the success of an
authorized criminal investigation or the successful
prosecution of an individual involved in the criminal
organization or enterprise; or
(ii) who the Secretary of State and the Attorney General
jointly determine--
(I) is in possession of critical reliable information
concerning a terrorist organization, enterprise, or
operation;
(II) is willing to supply or has supplied such
information to Federal law enforcement authorities or a
Federal court;
(III) will be or has been placed in danger as a result
of providing such information; and
(IV) is eligible to receive a reward under section
2708(a) of title 22,
and, if the Attorney General (or with respect to clause (ii), the
Secretary of State and the Attorney General jointly) considers it to
be appropriate, the spouse, married and unmarried sons and
daughters, and parents of an alien described in clause (i) or (ii)
if accompanying, or following to join, the alien;
(T)(i) subject to section 1184(n) of this title, an alien who
the Attorney General determines--
(I) is or has been a victim of a severe form of trafficking
in persons, as defined in section 7102 of title 22,
(II) is physically present in the United States, American
Samoa, or the Commonwealth of the Northern Mariana Islands, or
at a port of entry thereto, on account of such trafficking,
(III)(aa) has complied with any reasonable request for
assistance in the investigation or prosecution of acts of
trafficking, or
(bb) has not attained 15 years of age, and
(IV) the alien would suffer extreme hardship involving
unusual and severe harm upon removal; and
(ii) 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, 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);
(U)(i) subject to section 1184(o) \2\ of this title, an alien
who files a petition for status under this subparagraph, if the
Attorney General determines that--
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(I) the alien has suffered substantial physical or mental
abuse as a result of having been a victim of criminal activity
described in clause (iii);
(II) the alien (or in the case of an alien child under the
age of 16, the parent, guardian, or next friend of the alien)
possesses information concerning criminal activity described in
clause (iii);
(III) the alien (or in the case of an alien child under the
age of 16, the parent, guardian, or next friend of the alien)
has been helpful, is being helpful, or is likely to be helpful
to a Federal, State, or local law enforcement official, to a
Federal, State, or local prosecutor, to a Federal or State
judge, to the Service, or to other Federal, State, or local
authorities investigating or prosecuting criminal activity
described in clause (iii); and
(IV) the criminal activity described in clause (iii)
violated the laws of the United States or occurred in the United
States (including in Indian country and military installations)
or the territories and possessions of the United States;
(ii) if 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
(iii) the criminal activity referred to in this clause is that
involving one or more of the following or any similar activity in
violation of Federal, State, or local criminal law: rape; torture;
trafficking; incest; domestic violence; sexual assault; abusive
sexual contact; prostitution; sexual exploitation; female genital
mutilation; being held hostage; peonage; involuntary servitude;
slave trade; kidnapping; abduction; unlawful criminal restraint;
false imprisonment; blackmail; extortion; manslaughter; murder;
felonious assault; witness tampering; obstruction of justice;
perjury; or attempt, conspiracy, or solicitation to commit any of
the above mentioned crimes; or
(V) subject to section 1184(o) \2\ of this title, an alien who
is the beneficiary (including a child of the principal alien, if
eligible to receive a visa under section 1153(d) of this title) of a
petition to accord a status under section 1153(a)(2)(A) of this
title that was filed with the Attorney General under section 1154 of
this title on or before December 21, 2000, if--
(i) such petition has been pending for 3 years or more; or
(ii) such petition has been approved, 3 years or more have
elapsed since such filing date, and--
(I) an immigrant visa is not immediately available to
the alien because of a waiting list of applicants for visas
under section 1153(a)(2)(A) of this title; or
(II) the alien's application for an immigrant visa, or
the alien's application for adjustment of status under
section 1255 of this title, pursuant to the approval of such
petition, remains pending.
(16) The term ``immigrant visa'' means an immigrant visa required by
this chapter and properly issued by a consular officer at his office
outside of the United States to an eligible immigrant under the
provisions of this chapter.
(17) The term ``immigration laws'' includes this chapter and all
laws, conventions, and treaties of the United States relating to the
immigration, exclusion, deportation, expulsion, or removal of aliens.
(18) The term ``immigration officer'' means any employee or class of
employees of the Service or of the United States designated by the
Attorney General, individually or by regulation, to perform the
functions of an immigration officer specified by this chapter or any
section of this title.
(19) The term ``ineligible to citizenship,'' when used in reference
to any individual, means, notwithstanding the provisions of any treaty
relating to military service, an individual who is, or was at any time
permanently debarred from becoming a citizen of the United States under
section 3(a) of the Selective Training and Service Act of 1940, as
amended (54 Stat. 885; 55 Stat. 844), or under section 4(a) of the
Selective Service Act of 1948, as amended (62 Stat. 605; 65 Stat. 76)
[50 App. U.S.C. 454(a)], or under any section of this chapter, or any
other Act, or under any law amendatory of, supplementary to, or in
substitution for, any of such sections or Acts.
(20) The term ``lawfully admitted for permanent residence'' means
the status of having been lawfully accorded the privilege of residing
permanently in the United States as an immigrant in accordance with the
immigration laws, such status not having changed.
(21) The term ``national'' means a person owing permanent allegiance
to a state.
(22) The term ``national of the United States'' means (A) a citizen
of the United States, or (B) a person who, though not a citizen of the
United States, owes permanent allegiance to the United States.
(23) The term ``naturalization'' means the conferring of nationality
of a state upon a person after birth, by any means whatsoever.
(24) Repealed. Pub. L. 102-232, title III, Sec. 305(m)(1), Dec. 12,
1991, 105 Stat. 1750.
(25) The term ``noncombatant service'' shall not include service in
which the individual is not subject to military discipline, court
martial, or does not wear the uniform of any branch of the armed forces.
(26) The term ``nonimmigrant visa'' means a visa properly issued to
an alien as an eligible nonimmigrant by a competent officer as provided
in this chapter.
(27) The term ``special immigrant'' means--
(A) an immigrant, lawfully admitted for permanent residence, who
is returning from a temporary visit abroad;
(B) an immigrant who was a citizen of the United States and may,
under section 1435(a) or 1438 of this title, apply for reacquisition
of citizenship;
(C) an immigrant, and the immigrant's spouse and children if
accompanying or following to join the immigrant, who--
(i) for at least 2 years immediately preceding the time of
application for admission, has been a member of a religious
denomination having a bona fide nonprofit, religious
organization in the United States;
(ii) seeks to enter the United States--
(I) solely for the purpose of carrying on the vocation
of a minister of that religious denomination,
(II) before October 1, 2003, in order to work for the
organization at the request of the organization in a
professional capacity in a religious vocation or occupation,
or
(III) before October 1, 2003, in order to work for the
organization (or for a bona fide organization which is
affiliated with the religious denomination and is exempt
from taxation as an organization described in section
501(c)(3) of title 26) at the request of the organization in
a religious vocation or occupation; and
(iii) has been carrying on such vocation, professional work,
or other work continuously for at least the 2-year period
described in clause (i);
(D) an immigrant who is an employee, or an honorably retired
former employee, of the United States Government abroad, or of the
American Institute in Taiwan, and who has performed faithful service
for a total of fifteen years, or more, and his accompanying spouse
and children: Provided, That the principal officer of a Foreign
Service establishment (or, in the case of the American Institute in
Taiwan, the Director thereof), in his discretion, shall have
recommended the granting of special immigrant status to such alien
in exceptional circumstances and the Secretary of State approves
such recommendation and finds that it is in the national interest to
grant such status;
(E) an immigrant, and his accompanying spouse and children, who
is or has been an employee of the Panama Canal Company or Canal Zone
Government before the date on which the Panama Canal Treaty of 1977
(as described in section 3602(a)(1) of title 22) enters into force
[October 1, 1979], who was resident in the Canal Zone on the
effective date of the exchange of instruments of ratification of
such Treaty [April 1, 1979], and who has performed faithful service
as such an employee for one year or more;
(F) an immigrant, and his accompanying spouse and children, who
is a Panamanian national and (i) who, before the date on which such
Panama Canal Treaty of 1977 enters into force [October 1, 1979], has
been honorably retired from United States Government employment in
the Canal Zone with a total of 15 years or more of faithful service,
or (ii) who, on the date on which such Treaty enters into force, has
been employed by the United States Government in the Canal Zone with
a total of 15 years or more of faithful service and who subsequently
is honorably retired from such employment or continues to be
employed by the United States Government in an area of the former
Canal Zone;
(G) an immigrant, and his accompanying spouse and children, who
was an employee of the Panama Canal Company or Canal Zone Government
on the effective date of the exchange of instruments of ratification
of such Panama Canal Treaty of 1977 [April 1, 1979], who has
performed faithful service for five years or more as such an
employee, and whose personal safety, or the personal safety of whose
spouse or children, as a direct result of such Treaty, is reasonably
placed in danger because of the special nature of any of that
employment;
(H) an immigrant, and his accompanying spouse and children,
who--
(i) has graduated from a medical school or has qualified to
practice medicine in a foreign state,
(ii) was fully and permanently licensed to practice medicine
in a State on January 9, 1978, and was practicing medicine in a
State on that date,
(iii) entered the United States as a nonimmigrant under
subsection (a)(15)(H) or (a)(15)(J) of this section before
January 10, 1978, and
(iv) has been continuously present in the United States in
the practice or study of medicine since the date of such entry;
(I)(i) an immigrant who is the unmarried son or daughter of an
officer or employee, or of a former officer or employee, of an
international organization described in paragraph (15)(G)(i), and
who (I) while maintaining the status of a nonimmigrant under
paragraph (15)(G)(iv) or paragraph (15)(N), has resided and been
physically present in the United States for periods totaling at
least one-half of the seven years before the date of application for
a visa or for adjustment of status to a status under this
subparagraph and for a period or periods aggregating at least seven
years between the ages of five and 21 years, and (II) applies for a
visa or adjustment of status under this subparagraph no later than
his twenty-fifth birthday or six months after October 24, 1988,
whichever is later;
(ii) an immigrant who is the surviving spouse of a deceased
officer or employee of such an international organization, and who
(I) while maintaining the status of a nonimmigrant under paragraph
(15)(G)(iv) or paragraph (15)(N), has resided and been physically
present in the United States for periods totaling at least one-half
of the seven years before the date of application for a visa or for
adjustment of status to a status under this subparagraph and for a
period or periods aggregating at least 15 years before the date of
the death of such officer or employee, and (II) files a petition for
status under this subparagraph no later than six months after the
date of such death or six months after October 24, 1988, whichever
is later;
(iii) an immigrant who is a retired officer or employee of such
an international organization, and who (I) while maintaining the
status of a nonimmigrant under paragraph (15)(G)(iv), has resided
and been physically present in the United States for periods
totaling at least one-half of the seven years before the date of
application for a visa or for adjustment of status to a status under
this subparagraph and for a period or periods aggregating at least
15 years before the date of the officer or employee's retirement
from any such international organization, and (II) files a petition
for status under this subparagraph no later than six months after
the date of such retirement or six months after October 25, 1994,
whichever is later; or
(iv) an immigrant who is the spouse of a retired officer or
employee accorded the status of special immigrant under clause
(iii), accompanying or following to join such retired officer or
employee as a member of his immediate family;
(J) an immigrant who is present in the United States--
(i) who has been declared dependent on a juvenile court
located in the United States or whom such a court has legally
committed to, or placed under the custody of, an agency or
department of a State and who has been deemed eligible by that
court for long-term foster care due to abuse, neglect, or
abandonment;
(ii) for whom it has been determined in administrative or
judicial proceedings that it would not be in the alien's best
interest to be returned to the alien's or parent's previous
country of nationality or country of last habitual residence;
and
(iii) in whose case the Attorney General expressly consents
to the dependency order serving as a precondition to the grant
of special immigrant juvenile status; except that--
(I) no juvenile court has jurisdiction to determine the
custody status or placement of an alien in the actual or
constructive custody of the Attorney General unless the
Attorney General specifically consents to such jurisdiction;
and
(II) no natural parent or prior adoptive parent of any
alien provided special immigrant status under this
subparagraph shall thereafter, by virtue of such parentage,
be accorded any right, privilege, or status under this
chapter;
(K) an immigrant who has served honorably on active duty in the
Armed Forces of the United States after October 15, 1978, and after
original lawful enlistment outside the United States (under a treaty
or agreement in effect on October 1, 1991) for a period or periods
aggregating--
(i) 12 years and who, if separated from such service, was
never separated except under honorable conditions, or
(ii) 6 years, in the case of an immigrant who is on active
duty at the time of seeking special immigrant status under this
subparagraph and who has reenlisted to incur a total active duty
service obligation of at least 12 years,
and the spouse or child of any such immigrant if accompanying or
following to join the immigrant, but only if the executive
department under which the immigrant serves or served recommends the
granting of special immigrant status to the immigrant;
(L) an immigrant who would be described in clause (i), (ii),
(iii), or (iv) of subparagraph (I) if any reference in such a
clause--
(i) to an international organization described in paragraph
(15)(G)(i) were treated as a reference to the North Atlantic
Treaty Organization (NATO);
(ii) to a nonimmigrant under paragraph (15)(G)(iv) were
treated as a reference to a nonimmigrant classifiable under
NATO-6 (as a member of a civilian component accompanying a force
entering in accordance with the provisions of the NATO Status-
of-Forces Agreement, a member of a civilian component attached
to or employed by an Allied Headquarters under the ``Protocol on
the Status of International Military Headquarters'' set up
pursuant to the North Atlantic Treaty, or as a dependent); and
(iii) to the Immigration Technical Corrections Act of 1988
or to the Immigration and Nationality Technical Corrections Act
of 1994 were a reference to the American Competitiveness and
Workforce Improvement Act of 1998 \3\
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\3\ So in original. Probably should be followed by ``; or''.
(M) subject to the numerical limitations of section 1153(b)(4)
of this title, an immigrant who seeks to enter the United States to
work as a broadcaster in the United States for the International
Broadcasting Bureau of the Broadcasting Board of Governors, or for a
grantee of the Broadcasting Board of Governors, and the immigrant's
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accompanying spouse and children.
(28) The term ``organization'' means, but is not limited to, an
organization, corporation, company, partnership, association, trust,
foundation or fund; and includes a group of persons, whether or not
incorporated, permanently or temporarily associated together with joint
action on any subject or subjects.
(29) The term ``outlying possessions of the United States'' means
American Samoa and Swains Island.
(30) The term ``passport'' means any travel document issued by
competent authority showing the bearer's origin, identity, and
nationality if any, which is valid for the admission of the bearer into
a foreign country.
(31) The term ``permanent'' means a relationship of continuing or
lasting nature, as distinguished from temporary, but a relationship may
be permanent even though it is one that may be dissolved eventually at
the instance either of the United States or of the individual, in
accordance with law.
(32) The term ``profession'' shall include but not be limited to
architects, engineers, lawyers, physicians, surgeons, and teachers in
elementary or secondary schools, colleges, academies, or seminaries.
(33) The term ``residence'' means the place of general abode; the
place of general abode of a person means his principal, actual dwelling
place in fact, without regard to intent.
(34) The term ``Service'' means the Immigration and Naturalization
Service of the Department of Justice.
(35) The term ``spouse'', ``wife'', or ``husband'' do not include a
spouse, wife, or husband by reason of any marriage ceremony where the
contracting parties thereto are not physically present in the presence
of each other, unless the marriage shall have been consummated.
(36) The term ``State'' includes the District of Columbia, Puerto
Rico, Guam, and the Virgin Islands of the United States.
(37) The term ``totalitarian party'' means an organization which
advocates the establishment in the United States of a totalitarian
dictatorship or totalitarianism. The terms ``totalitarian dictatorship''
and ``totalitarianism'' mean and refer to systems of government not
representative in fact, characterized by (A) the existence of a single
political party, organized on a dictatorial basis, with so close an
identity between such party and its policies and the governmental
policies of the country in which it exists, that the party and the
government constitute an indistinguishable unit, and (B) the forcible
suppression of opposition to such party.
(38) The term ``United States'', except as otherwise specifically
herein provided, when used in a geographical sense, means the
continental United States, Alaska, Hawaii, Puerto Rico, Guam, and the
Virgin Islands of the United States.
(39) The term ``unmarried'', when used in reference to any
individual as of any time, means an individual who at such time is not
married, whether or not previously married.
(40) The term ``world communism'' means a revolutionary movement,
the purpose of which is to establish eventually a Communist totalitarian
dictatorship in any or all the countries of the world through the medium
of an internationally coordinated Communist political movement.
(41) The term ``graduates of a medical school'' means aliens who
have graduated from a medical school or who have qualified to practice
medicine in a foreign state, other than such aliens who are of national
or international renown in the field of medicine.
(42) The term ``refugee'' means (A) any person who is outside any
country of such person's nationality or, in the case of a person having
no nationality, is outside any country in which such person last
habitually resided, and who is unable or unwilling to return to, and is
unable or unwilling to avail himself or herself of the protection of,
that country because of persecution or a well-founded fear of
persecution on account of race, religion, nationality, membership in a
particular social group, or political opinion, or (B) in such special
circumstances as the President after appropriate consultation (as
defined in section 1157(e) of this title) may specify, any person who is
within the country of such person's nationality or, in the case of a
person having no nationality, within the country in which such person is
habitually residing, and who is persecuted or who has a well-founded
fear of persecution on account of race, religion, nationality,
membership in a particular social group, or political opinion. The term
``refugee'' does not include any person who ordered, incited, assisted,
or otherwise participated in the persecution of any person on account of
race, religion, nationality, membership in a particular social group, or
political opinion. For purposes of determinations under this chapter, a
person who has been forced to abort a pregnancy or to undergo
involuntary sterilization, or who has been persecuted for failure or
refusal to undergo such a procedure or for other resistance to a
coercive population control program, shall be deemed to have been
persecuted on account of political opinion, and a person who has a well
founded fear that he or she will be forced to undergo such a procedure
or subject to persecution for such failure, refusal, or resistance shall
be deemed to have a well founded fear of persecution on account of
political opinion.
(43) The term ``aggravated felony'' means--
(A) murder, rape, or sexual abuse of a minor;
(B) illicit trafficking in a controlled substance (as defined in
section 802 of title 21), including a drug trafficking crime (as
defined in section 924(c) of title 18);
(C) illicit trafficking in firearms or destructive devices (as
defined in section 921 of title 18) or in explosive materials (as
defined in section 841(c) of that title);
(D) an offense described in section 1956 of title 18 (relating
to laundering of monetary instruments) or section 1957 of that title
(relating to engaging in monetary transactions in property derived
from specific unlawful activity) if the amount of the funds exceeded
$10,000;
(E) an offense described in--
(i) section 842(h) or (i) of title 18, or section 844(d),
(e), (f), (g), (h), or (i) of that title (relating to explosive
materials offenses);
(ii) section 922(g)(1), (2), (3), (4), or (5), (j), (n),
(o), (p), or (r) or 924(b) or (h) of title 18 (relating to
firearms offenses); or
(iii) section 5861 of title 26 (relating to firearms
offenses);
(F) a crime of violence (as defined in section 16 of title 18,
but not including a purely political offense) for which the term of
imprisonment at \4\ least one year;
---------------------------------------------------------------------------
\4\ So in original. Probably should be preceded by ``is''.
---------------------------------------------------------------------------
(G) a theft offense (including receipt of stolen property) or
burglary offense for which the term of imprisonment at \4\ least one
year;
(H) an offense described in section 875, 876, 877, or 1202 of
title 18 (relating to the demand for or receipt of ransom);
(I) an offense described in section 2251, 2251A, or 2252 of
title 18 (relating to child pornography);
(J) an offense described in section 1962 of title 18 (relating
to racketeer influenced corrupt organizations), or an offense
described in section 1084 (if it is a second or subsequent offense)
or 1955 of that title (relating to gambling offenses), for which a
sentence of one year imprisonment or more may be imposed;
(K) an offense that--
(i) relates to the owning, controlling, managing, or
supervising of a prostitution business;
(ii) is described in section 2421, 2422, or 2423 of title 18
(relating to transportation for the purpose of prostitution) if
committed for commercial advantage; or
(iii) is described in section 1581, 1582, 1583, 1584, 1585,
or 1588 of title 18 (relating to peonage, slavery, and
involuntary servitude);
(L) an offense described in--
(i) section 793 (relating to gathering or transmitting
national defense information), 798 (relating to disclosure of
classified information), 2153 (relating to sabotage) or 2381 or
2382 (relating to treason) of title 18;
(ii) section 421 of title 50 (relating to protecting the
identity of undercover intelligence agents); or
(iii) section 421 of title 50 (relating to protecting the
identity of undercover agents);
(M) an offense that--
(i) involves fraud or deceit in which the loss to the victim
or victims exceeds $10,000; or
(ii) is described in section 7201 of title 26 (relating to
tax evasion) in which the revenue loss to the Government exceeds
$10,000;
(N) an offense described in paragraph (1)(A) or (2) of section
1324(a) of this title (relating to alien smuggling), except in the
case of a first offense for which the alien has affirmatively shown
that the alien committed the offense for the purpose of assisting,
abetting, or aiding only the alien's spouse, child, or parent (and
no other individual) to violate a provision of this chapter \5\
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\5\ So in original. Probably should be followed by a semicolon.
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(O) an offense described in section 1325(a) or 1326 of this
title committed by an alien who was previously deported on the basis
of a conviction for an offense described in another subparagraph of
this paragraph;
(P) an offense (i) which either is falsely making, forging,
counterfeiting, mutilating, or altering a passport or instrument in
violation of section 1543 of title 18 or is described in section
1546(a) of such title (relating to document fraud) and (ii) for
which the term of imprisonment is at least 12 months, except in the
case of a first offense for which the alien has affirmatively shown
that the alien committed the offense for the purpose of assisting,
abetting, or aiding only the alien's spouse, child, or parent (and
no other individual) to violate a provision of this chapter;
(Q) an offense relating to a failure to appear by a defendant
for service of sentence if the underlying offense is punishable by
imprisonment for a term of 5 years or more;
(R) an offense relating to commercial bribery, counterfeiting,
forgery, or trafficking in vehicles the identification numbers of
which have been altered for which the term of imprisonment is at
least one year;
(S) an offense relating to obstruction of justice, perjury or
subornation of perjury, or bribery of a witness, for which the term
of imprisonment is at least one year;
(T) an offense relating to a failure to appear before a court
pursuant to a court order to answer to or dispose of a charge of a
felony for which a sentence of 2 years' imprisonment or more may be
imposed; and
(U) an attempt or conspiracy to commit an offense described in
this paragraph.
The term applies to an offense described in this paragraph whether in
violation of Federal or State law and applies to such an offense in
violation of the law of a foreign country for which the term of
imprisonment was completed within the previous 15 years. Notwithstanding
any other provision of law (including any effective date), the term
applies regardless of whether the conviction was entered before, on, or
after September 30, 1996.
(44)(A) The term ``managerial capacity'' means an assignment within
an organization in which the employee primarily--
(i) manages the organization, or a department, subdivision,
function, or component of the organization;
(ii) supervises and controls the work of other supervisory,
professional, or managerial employees, or manages an essential
function within the organization, or a department or subdivision of
the organization;
(iii) if another employee or other employees are directly
supervised, has the authority to hire and fire or recommend those as
well as other personnel actions (such as promotion and leave
authorization) or, if no other employee is directly supervised,
functions at a senior level within the organizational hierarchy or
with respect to the function managed; and
(iv) exercises discretion over the day-to-day operations of the
activity or function for which the employee has authority.
A first-line supervisor is not considered to be acting in a managerial
capacity merely by virtue of the supervisor's supervisory duties unless
the employees supervised are professional.
(B) The term ``executive capacity'' means an assignment within an
organization in which the employee primarily--
(i) directs the management of the organization or a major
component or function of the organization;
(ii) establishes the goals and policies of the organization,
component, or function;
(iii) exercises wide latitude in discretionary decision-making;
and
(iv) receives only general supervision or direction from higher
level executives, the board of directors, or stockholders of the
organization.
(C) If staffing levels are used as a factor in determining whether
an individual is acting in a managerial or executive capacity, the
Attorney General shall take into account the reasonable needs of the
organization, component, or function in light of the overall purpose and
stage of development of the organization, component, or function. An
individual shall not be considered to be acting in a managerial or
executive capacity (as previously defined) merely on the basis of the
number of employees that the individual supervises or has supervised or
directs or has directed.
(45) The term ``substantial'' means, for purposes of paragraph
(15)(E) with reference to trade or capital, such an amount of trade or
capital as is established by the Secretary of State, after consultation
with appropriate agencies of Government.
(46) The term ``extraordinary ability'' means, for purposes of
subsection (a)(15)(O)(i) of this section, in the case of the arts,
distinction.
(47)(A) The term ``order of deportation'' means the order of the
special inquiry officer, or other such administrative officer to whom
the Attorney General has delegated the responsibility for determining
whether an alien is deportable, concluding that the alien is deportable
or ordering deportation.
(B) The order described under subparagraph (A) shall become final
upon the earlier of--
(i) a determination by the Board of Immigration Appeals
affirming such order; or
(ii) the expiration of the period in which the alien is
permitted to seek review of such order by the Board of Immigration
Appeals.
(48)(A) The term ``conviction'' means, with respect to an alien, a
formal judgment of guilt of the alien entered by a court or, if
adjudication of guilt has been withheld, where--
(i) a judge or jury has found the alien guilty or the alien has
entered a plea of guilty or nolo contendere or has admitted
sufficient facts to warrant a finding of guilt, and
(ii) the judge has ordered some form of punishment, penalty, or
restraint on the alien's liberty to be imposed.
(B) Any reference to a term of imprisonment or a sentence with
respect to an offense is deemed to include the period of incarceration
or confinement ordered by a court of law regardless of any suspension of
the imposition or execution of that imprisonment or sentence in whole or
in part.
(49) The term ``stowaway'' means any alien who obtains
transportation without the consent of the owner, charterer, master or
person in command of any vessel or aircraft through concealment aboard
such vessel or aircraft. A passenger who boards with a valid ticket is
not to be considered a stowaway.
(50) The term ``intended spouse'' means any alien who meets the
criteria set forth in section 1154(a)(1)(A)(iii)(II)(aa)(BB),
1154(a)(1)(B)(ii)(II)(aa)(BB), or 1229b(b)(2)(A)(i)(III) of this title.
(b) As used in subchapters I and II of this chapter--
(1) The term ``child'' means an unmarried person under twenty-one
years of age who is--
(A) a child born in wedlock;
(B) a stepchild, whether or not born out of wedlock, provided
the child had not reached the age of eighteen years at the time the
marriage creating the status of stepchild occurred;
(C) a child legitimated under the law of the child's residence
or domicile, or under the law of the father's residence or domicile,
whether in or outside the United States, if such legitimation takes
place before the child reaches the age of eighteen years and the
child is in the legal custody of the legitimating parent or parents
at the time of such legitimation;
(D) a child born out of wedlock, by, through whom, or on whose
behalf a status, privilege, or benefit is sought by virtue of the
relationship of the child to its natural mother or to its natural
father if the father has or had a bona fide parent-child
relationship with the person;
(E)(i) a child adopted while under the age of sixteen years if
the child has been in the legal custody of, and has resided with,
the adopting parent or parents for at least two years: Provided,
That no natural parent of any such adopted child shall thereafter,
by virtue of such parentage, be accorded any right, privilege, or
status under this chapter; or
(ii) subject to the same proviso as in clause (i), a child who:
(I) is a natural sibling of a child described in clause (i) or
subparagraph (F)(i); (II) was adopted by the adoptive parent or
parents of the sibling described in such clause or subparagraph; and
(III) is otherwise described in clause (i), except that the child
was adopted while under the age of 18 years; or
(F)(i) a child, under the age of sixteen at the time a petition
is filed in his behalf to accord a classification as an immediate
relative under section 1151(b) of this title, who is an orphan
because of the death or disappearance of, abandonment or desertion
by, or separation or loss from, both parents, or for whom the sole
or surviving parent is incapable of providing the proper care and
has in writing irrevocably released the child for emigration and
adoption; who has been adopted abroad by a United States citizen and
spouse jointly, or by an unmarried United States citizen at least
twenty-five years of age, who personally saw and observed the child
prior to or during the adoption proceedings; or who is coming to the
United States for adoption by a United States citizen and spouse
jointly, or by an unmarried United States citizen at least twenty-
five years of age, who have or has complied with the preadoption
requirements, if any, of the child's proposed residence; Provided,
That the Attorney General is satisfied that proper care will be
furnished the child if admitted to the United States: Provided
further, That no natural parent or prior adoptive parent of any such
child shall thereafter, by virtue of such parentage, be accorded any
right, privilege, or status under this chapter; or
(ii) subject to the same provisos as in clause (i), a child who:
(I) is a natural sibling of a child described in clause (i) or
subparagraph (E)(i); (II) has been adopted abroad, or is coming to
the United States for adoption, by the adoptive parent (or
prospective adoptive parent) or parents of the sibling described in
such clause or subparagraph; and (III) is otherwise described in
clause (i), except that the child is under the age of 18 at the time
a petition is filed in his or her behalf to accord a classification
as an immediate relative under section 1151(b) of this title.
(2) The terms ``parent'', ``father'', or ``mother'' mean a parent,
father, or mother only where the relationship exists by reason of any of
the circumstances set forth in subdivision (1) of this subsection,
except that, for purposes of paragraph (1)(F) (other than the second
proviso therein) in the case of a child born out of wedlock described in
paragraph (1)(D) (and not described in paragraph (1)(C)), the term
``parent'' does not include the natural father of the child if the
father has disappeared or abandoned or deserted the child or if the
father has in writing irrevocably released the child for emigration and
adoption.
(3) The term ``person'' means an individual or an organization.
(4) The term ``immigration judge'' means an attorney whom the
Attorney General appoints as an administrative judge within the
Executive Office for Immigration Review, qualified to conduct specified
classes of proceedings, including a hearing under section 1229a of this
title. An immigration judge shall be subject to such supervision and
shall perform such duties as the Attorney General shall prescribe, but
shall not be employed by the Immigration and Naturalization Service.
(5) The term ``adjacent islands'' includes Saint Pierre, Miquelon,
Cuba, the Dominican Republic, Haiti, Bermuda, the Bahamas, Barbados,
Jamaica, the Windward and Leeward Islands, Trinidad, Martinique, and
other British, French, and Netherlands territory or possessions in or
bordering on the Caribbean Sea.
(c) As used in subchapter III of this chapter--
(1) The term ``child'' means an unmarried person under twenty-one
years of age and includes a child legitimated under the law of the
child's residence or domicile, or under the law of the father's
residence or domicile, whether in the United States or elsewhere, and,
except as otherwise provided in sections 1431 and 1432 \6\ of this
title, a child adopted in the United States, if such legitimation or
adoption takes place before the child reaches the age of 16 years
(except to the extent that the child is described in subparagraph
(E)(ii) or (F)(ii) of subsection (b)(1) of this section), and the child
is in the legal custody of the legitimating or adopting parent or
parents at the time of such legitimation or adoption.
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\6\ See References in Text note below.
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(2) The terms ``parent'', ``father'', and ``mother'' include in the
case of a posthumous child a deceased parent, father, and mother.
(d) Repealed. Pub. L. 100-525, Sec. 9(a)(3), Oct. 24, 1988, 102
Stat. 2619.
(e) For the purposes of this chapter--
(1) The giving, loaning, or promising of support or of money or any
other thing of value to be used for advocating any doctrine shall
constitute the advocating of such doctrine; but nothing in this
paragraph shall be construed as an exclusive definition of advocating.
(2) The giving, loaning, or promising of support or of money or any
other thing of value for any purpose to any organization shall be
presumed to constitute affiliation therewith; but nothing in this
paragraph shall be construed as an exclusive definition of affiliation.
(3) Advocating the economic, international, and governmental
doctrines of world communism means advocating the establishment of a
totalitarian Communist dictatorship in any or all of the countries of
the world through the medium of an internationally coordinated Communist
movement.
(f) For the purposes of this chapter--
No person shall be regarded as, or found to be, a person of good
moral character who, during the period for which good moral character is
required to be established is, or was--
(1) a habitual drunkard;
(2) Repealed. Pub. L. 97-116, Sec. 2(c)(1), Dec. 29, 1981, 95
Stat. 1611.
(3) a member of one or more of the classes of persons, whether
inadmissible or not, described in paragraphs (2)(D), (6)(E), and
(9)(A) of section 1182(a) of this title; or subparagraphs (A) and
(B) of section 1182(a)(2) of this title and subparagraph (C) thereof
of such section \7\ (except as such paragraph relates to a single
offense of simple possession of 30 grams or less of marihuana), if
the offense described therein, for which such person was convicted
or of which he admits the commission, was committed during such
period;
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\7\ So in original. The phrase ``of such section'' probably should
not appear.
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(4) one whose income is derived principally from illegal
gambling activities;
(5) one who has been convicted of two or more gambling offenses
committed during such period;
(6) one who has given false testimony for the purpose of
obtaining any benefits under this chapter;
(7) one who during such period has been confined, as a result of
conviction, to a penal institution for an aggregate period of one
hundred and eighty days or more, regardless of whether the offense,
or offenses, for which he has been confined were committed within or
without such period;
(8) one who at any time has been convicted of an aggravated
felony (as defined in subsection (a)(43) of this section).
The fact that any person is not within any of the foregoing classes
shall not preclude a finding that for other reasons such person is or
was not of good moral character. In the case of an alien who makes a
false statement or claim of citizenship, or who registers to vote or
votes in a Federal, State, or local election (including an initiative,
recall, or referendum) in violation of a lawful restriction of such
registration or voting to citizens, if each natural parent of the alien
(or, in the case of an adopted alien, each adoptive parent of the alien)
is or was a citizen (whether by birth or naturalization), the alien
permanently resided in the United States prior to attaining the age of
16, and the alien reasonably believed at the time of such statement,
claim, or violation that he or she was a citizen, no finding that the
alien is, or was, not of good moral character may be made based on it.
(g) For the purposes of this chapter any alien ordered deported or
removed (whether before or after the enactment of this chapter) who has
left the United States, shall be considered to have been deported or
removed in pursuance of law, irrespective of the source from which the
expenses of his transportation were defrayed or of the place to which he
departed.
(h) For purposes of section 1182(a)(2)(E) of this title, the term
``serious criminal offense'' means--
(1) any felony;
(2) any crime of violence, as defined in section 16 of title 18;
or
(3) any crime of reckless driving or of driving while
intoxicated or under the influence of alcohol or of prohibited
substances if such crime involves personal injury to another.
(i) With respect to each nonimmigrant alien described in subsection
(a)(15)(T)(i) of this section--
(1) the Attorney General and other Government officials, where
appropriate, shall provide the alien with a referral to a
nongovernmental organization that would advise the alien regarding
the alien's options while in the United States and the resources
available to the alien; and
(2) the Attorney General shall, during the period the alien is
in lawful temporary resident status under that subsection, grant the
alien authorization to engage in employment in the United States and
provide the alien with an ``employment authorized'' endorsement or
other appropriate work permit.
(June 27, 1952, ch. 477, title I, Sec. 101, 66 Stat. 166; Pub. L. 85-
316, Secs. 1, 2, Sept. 11, 1957, 71 Stat. 639; Pub. L. 85-508, Sec. 22,
July 7, 1958, 72 Stat. 351; Pub. L. 86-3, Sec. 20(a), Mar. 18, 1959, 73
Stat. 13; Pub. L. 87-256, Sec. 109(a), (b), Sept. 21, 1961, 75 Stat.
534; Pub. L. 87-301, Secs. 1, 2, 7, Sept. 26, 1961, 75 Stat. 650, 653;
Pub. L. 89-236, Secs. 8, 24, Oct. 3, 1965, 79 Stat. 916, 922; Pub. L.
89-710, Nov. 2, 1966, 80 Stat. 1104; Pub. L. 91-225, Sec. 1, Apr. 7,
1970, 84 Stat. 116; Pub. L. 94-155, Dec. 16, 1975, 89 Stat. 824; Pub. L.
94-484, title VI, Sec. 601(b), (e), Oct. 12, 1976, 90 Stat. 2301, 2302;
Pub. L. 94-571, Sec. 7(a), Oct. 20, 1976, 90 Stat. 2706; Pub. L. 94-484,
title VI, Sec. 602(c), Oct. 12, 1976, as added Pub. L. 95-83, title III,
Sec. 307(q)(3), Aug. 1, 1977, 91 Stat. 395; Pub. L. 95-105, title I,
Sec. 109(b)(3), Aug. 17, 1977, 91 Stat. 847; Pub. L. 96-70, title III,
Sec. 3201(a), Sept. 27, 1979, 93 Stat. 496; Pub. L. 96-212, title II,
Sec. 201(a), Mar. 17, 1980, 94 Stat. 102; Pub. L. 97-116, Secs. 2,
5(d)(1), 18(a), Dec. 29, 1981, 95 Stat. 1611, 1614, 1619; Priv. L. 98-
47, Sec. 3, Oct. 30, 1984, 98 Stat. 3435; Pub. L. 99-505, Sec. 1, Oct.
21, 1986, 100 Stat. 1806; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100
Stat. 2095; Pub. L. 99-603, title III, Secs. 301(a), 312, 315(a), Nov.
6, 1986, 100 Stat. 3411, 3434, 3439; Pub. L. 99-653, Secs. 2, 3, Nov.
14, 1986, 100 Stat. 3655; Pub. L. 100-459, title II, Sec. 210(a), Oct.
1, 1988, 102 Stat. 2203; Pub. L. 100-525, Secs. 2(o)(1), 8(b), 9(a),
Oct. 24, 1988, 102 Stat. 2613, 2617, 2619; Pub. L. 100-690, title VII,
Sec. 7342, Nov. 18, 1988, 102 Stat. 4469; Pub. L. 101-162, title VI,
Sec. 611(a), Nov. 21, 1989, 103 Stat. 1038; Pub. L. 101-238, Sec. 3(a),
Dec. 18, 1989, 103 Stat. 2100; Pub. L. 101-246, title I, Sec. 131(b),
Feb. 16, 1990, 104 Stat. 31; Pub. L. 101-649, title I, Secs. 123,
151(a), 153(a), 162(f)(2)(A), title II, Secs. 203(c), 204(a), (c),
205(c)(1), (d), (e), 206(c), 207(a), 208, 209(a), title IV,
Sec. 407(a)(2), title V, Secs. 501(a), 509(a), title VI, Sec. 603(a)(1),
Nov. 29, 1990, 104 Stat. 4995, 5004, 5005, 5012, 5018-5020, 5022, 5023,
5026, 5027, 5040, 5048, 5051, 5082; Pub. L. 102-110, Sec. 2(a), Oct. 1,
1991, 105 Stat. 555; Pub. L. 102-232, title II, Secs. 203(a), 205(a)-
(c), 206(b), (c)(1), (d), 207(b), title III, Secs. 302(e)(8)(A),
303(a)(5)(A), (7)(A), (14), 305(m)(1), 306(a)(1), 309(b)(1), (4), Dec.
12, 1991, 105 Stat. 1737, 1740, 1741, 1746-1748, 1750, 1751, 1758; Pub.
L. 103-236, title I, Sec. 162(h)(1), Apr. 30, 1994, 108 Stat. 407; Pub.
L. 103-322, title XIII, Sec. 130003(a), Sept. 13, 1994, 108 Stat. 2024;
Pub. L. 103-337, div. C, title XXXVI, Sec. 3605, Oct. 5, 1994, 108 Stat.
3113; Pub. L. 103-416, title II, Secs. 201, 202, 214, 219(a), 222(a),
Oct. 25, 1994, 108 Stat. 4310, 4311, 4314, 4316, 4320; Pub. L. 104-51,
Sec. 1, Nov. 15, 1995, 109 Stat. 467; Pub. L. 104-132, title IV,
Sec. 440(b), (e), Apr. 24, 1996, 110 Stat. 1277; Pub. L. 104-208, div.
C, title I, Sec. 104(a), title III, Secs. 301(a), 308(d)(3)(A), (4)(A),
(e)(3), (f)(1)(A), (B), 321(a), (b), 322(a)(1), (2)(A), 361(a), 371(a),
title VI, Secs. 601(a)(1), 625(a)(2), 671(a)(3)(B), (b)(5), (e)(2),
Sept. 30, 1996, 110 Stat. 3009-555, 3009-575, 3009-617, 3009-620, 3009-
621, 3009-627 to 3009-629, 3009-644, 3009-645, 3009-689, 3009-700, 3009-
721 to 3009-723; Pub. L. 105-54, Sec. 1(a), Oct. 6, 1997, 111 Stat.
1175; Pub. L. 105-119, title I, Sec. 113, Nov. 26, 1997, 111 Stat. 2460;
Pub. L. 105-277, div. C, title IV, Sec. 421, div. G, title XXII,
Sec. 2222(e), Oct. 21, 1998, 112 Stat. 2681-657, 2681-819; Pub. L. 105-
319, Sec. 2(b)(1), (d)(2), Oct. 30, 1998, 112 Stat. 3014, 3015; Pub. L.
106-95, Sec. 2(a), (c), Nov. 12, 1999, 113 Stat. 1312, 1316; Pub. L.
106-139, Sec. 1(a), (b)(1), Dec. 7, 1999, 113 Stat. 1696; Pub. L. 106-
279, title III, Sec. 302(a), (c), Oct. 6, 2000, 114 Stat. 838, 839; Pub.
L. 106-386, div. A, Sec. 107(e)(1), (4), div. B, title V, Secs. 1503(a),
Sec. 1513(b), Oct. 28, 2000, 114 Stat. 1477, 1479, 1518, 1534; Pub. L.
106-395, title II, Sec. 201(a)(1), Oct. 30, 2000, 114 Stat. 1633; Pub.
L. 106-409, Sec. 2(a), Nov. 1, 2000, 114 Stat. 1787; Pub. L. 106-536,
Sec. 1(a), Nov. 22, 2000, 114 Stat. 2560; Pub. L. 106-553, Sec. 1(a)(2)
[title XI, Secs. 1102(a), 1103(a)], Dec. 21, 2000, 114 Stat. 2762,
2762A-142, 2762A-144; Pub. L. 107-125, Sec. 2(b), Jan. 16, 2002, 115
Stat. 2403; Pub. L. 107-274, Sec. 2(a), (b), Nov. 2, 2002, 116 Stat.
1923.)
Amendment of Subsection (b)
Pub. L. 106-279, title III, Secs. 302(a), (c), 505(a)(2), (b),
Oct. 6, 2000, 114 Stat. 838, 839, 844, provided that, effective upon
entry into force for the United States of the Convention on
Protection of Children and Co-operation in Respect of Intercountry
Adoption, pursuant to Article 46(2)(a) of the Convention, with
transition rule, subsection (b) is amended as follows:
In paragraph (1), by striking ``or'' at the end of subparagraph
(E), by striking the period at the end of subparagraph (F) and
inserting ``; or'', and by adding after subparagraph (F) the
following new subparagraph:
(G) a child, under the age of sixteen at the time a petition is
filed on the child's behalf to accord a classification as an
immediate relative under section 1151(b) of this title, who has been
adopted in a foreign state that is a party to the Convention on
Protection of Children and Co-operation in Respect of Intercountry
Adoption done at The Hague on May 29, 1993, or who is emigrating
from such a foreign state to be adopted in the United States, by a
United States citizen and spouse jointly, or by an unmarried United
States citizen at least 25 years of age--
(i) if--
(I) the Attorney General is satisfied that proper care
will be furnished the child if admitted to the United
States;
(II) the child's natural parents (or parent, in the case
of a child who has one sole or surviving parent because of
the death or disappearance of, abandonment or desertion by,
the other parent), or other persons or institutions that
retain legal custody of the child, have freely given their
written irrevocable consent to the termination of their
legal relationship with the child, and to the child's
emigration and adoption;
(III) in the case of a child having two living natural
parents, the natural parents are incapable of providing
proper care for the child;
(IV) the Attorney General is satisfied that the purpose
of the adoption is to form a bona fide parent-child
relationship, and the parent-child relationship of the child
and the natural parents has been terminated (and in carrying
out both obligations under this subclause the Attorney
General may consider whether there is a petition pending to
confer immigrant status on one or both of such natural
parents); and
(V) in the case of a child who has not been adopted--
(aa) the competent authority of the foreign state
has approved the child's emigration to the United States
for the purpose of adoption by the prospective adoptive
parent or parents; and
(bb) the prospective adoptive parent or parents has
or have complied with any pre-adoption requirements of
the child's proposed residence; and
(ii) except that no natural parent or prior adoptive parent
of any such child shall thereafter, by virtue of such parentage,
be accorded any right, privilege, or status under this chapter.
In paragraph (2), by inserting ``and paragraph (1)(G)(i)'' after
``second proviso therein)''.
Amendment of Subsection (a)(15)(Q)
Pub. L. 105-319, Sec. 2(d)(2), Oct. 30, 1998, 112 Stat. 3015,
provided that, effective Oct. 1, 2005, subsection (a)(15)(Q) is
amended by striking ``or'' at the end of clause (i), by striking
``(i)'' after ``(Q)'', and by striking clause (ii).
References in Text
This chapter, referred to in subsecs. (a), (b)(1)(E), (F), (4), and
(e)-(g), was in the original, ``this Act'', meaning act June 27, 1952,
ch. 477, 66 Stat. 163, as amended, known as the Immigration and
Nationality Act, which is classified principally to this chapter. For
complete classification of this Act to the Code, see Short Title note
set out below and Tables.
The Headquarters Agreement with the United Nations (61 Stat. 758),
referred to in subsec. (a)(15)(C), is set out as a note under section
287 of Title 22, Foreign Relations and Intercourse.
Section 1184(l) of this title, referred to in subsec. (a)(15)(F)(i),
probably means the subsec. (l) of section 1184 which relates to
nonimmigrant elementary and secondary school students and was added by
Pub. L. 104-208, div. C, title VI, Sec. 625(a)(1), Sept. 30, 1996, 110
Stat. 3009-699, and redesignated subsec.(m) of section 1184 by Pub. L.
106-386, div. A, Sec. 107(e)(2)(A), Oct. 28, 2000, 114 Stat. 1478.
The International Organizations Immunities Act (59 Stat. 669),
referred to in subsec. (a)(15)(G)(i), is act Dec. 29, 1945, ch. 652,
title I, 59 Stat. 669, as amended, which is classified principally to
subchapter XVIII (Sec. 288 et seq.) of chapter 7 of Title 22, Foreign
Relations and Intercourse. For complete classification of this Act to
the Code, see Short Title note set out under section 288 of Title 22 and
Tables.
Section 2(a) of the Irish Peace Process Cultural and Training
Program Act of 1998, referred to in subsec. (a)(15)(Q)(ii)(I), is
section 2(a) of Pub. L. 105-319, which is set out in a note below.
Section 1184(o) of this title, referred to in subsec. (a)(15)(U),
probably means the subsec. (o) of section 1184 which relates to
requirements applicable to subsec. (a)(15)(U) of this section and was
added by Pub. L. 106-386, div. B. title V, Sec. 1513(c), Oct. 28, 2000,
114 Stat. 1535.
Section 1184(o) of this title, referred to in subsec. (a)(15)(V),
probably means the subsec. (o) of section 1184 which relates to
employment of nonimmigrants described in subsec. (a)(15)(V) of this
section and was added by Pub. L. 106-553, Sec. 1(a)(2) [title XI,
Sec. 1102(b)], Dec. 21, 2000, 114 Stat. 2762, 2762A-142.
Section 3(a) of the Selective Training and Service Act of 1940, as
amended (54 Stat. 885; 55 Stat. 844), referred to in subsec. (a)(19),
was classified to section 303 of Title 50, Appendix, War and National
Defense, and was omitted from the Code as obsolete.
The Selective Service Act of 1948, referred to in subsec. (a)(19),
was redesignated the Universal Military Training and Service Act by act
June 19, 1951, 65 Stat. 75, and then redesignated the Military Selective
Service Act of 1967 by act June 30, 1967, Pub. L. 90-40, 81 Stat. 100,
and subsequently redesignated the Military Selective Service Act by Pub.
L. 92-129, title I, Sec. 101(a)(1), Sept. 28, 1971, 85 Stat. 348.
The Immigration Technical Corrections Act of 1988, referred to in
subsec. (a)(27)(L)(iii), is Pub. L. 100-525, Oct. 24, 1988, 102 Stat.
2609, as amended. For complete classification of this Act to the Code,
see Short Title of 1988 Amendments note set out below and Tables.
The Immigration and Nationality Technical Corrections Act of 1994,
referred to in subsec. (a)(27)(L)(iii), is Pub. L. 103-416, Oct. 25,
1994, 108 Stat. 4305, as amended. For complete classification of this
Act to the Code, see Short Title of 1994 Amendment note set out below
and Tables.
The American Competitiveness and Workforce Improvement Act of 1998,
referred to in subsec. (a)(27)(L)(iii), is Pub. L. 105-277, div. C,
title IV, Oct. 21, 1998, 112 Stat. 2681-641. For complete classification
of this Act to the Code, see Short Title of 1998 Amendment note set out
below and Tables.
Section 1432 of this title, referred to in subsec. (c)(1), was
repealed by Pub. L. 106-395, title I, Sec. 103(a), Oct. 30, 2000, 114
Stat. 1632.
Codification
September 30, 1996, referred to in the concluding provisions of
subsec. (a)(43), was in the original ``the date of enactment of this
paragraph'', which was translated as meaning the date of enactment of
section 321(b) of Pub. L. 104-208, which inserted that language, to
reflect the probable intent of Congress.
Amendments
2002--Subsec. (a)(15)(F)(ii), (iii). Pub. L. 107-274, Sec. 2(a),
added cls. (ii) and (iii) and struck out former cl. (ii) which read as
follows: ``and (ii) the alien spouse and minor children of any such
alien if accompanying him or following to join him;''.
Subsec. (a)(15)(L). Pub. L. 107-125 inserted ``subject to section
1184(c)(2) of this title,'' before ``an alien who''.
Subsec. (a)(15)(M)(ii), (iii). Pub. L. 107-274, Sec. 2(b), added
cls. (ii) and (iii) and struck out former cl. (ii) which read as
follows: ``and (ii) the alien spouse and minor children of any such
alien if accompanying him or following to join him;''.
2000--Subsec. (a)(15)(K). Pub. L. 106-553, Sec. 1(a)(2) [title XI,
Sec. 1103(a)], amended subpar. (K) generally. Prior to amendment,
subpar. (K) read as follows: ``an alien who is the fiancee or fiance of
a citizen of the United States and who seeks to enter the United States
solely to conclude a valid marriage with the petitioner within ninety
days after admission, and the minor children of such fiancee or fiance
accompanying him or following to join him;''.
Subsec. (a)(15)(T). Pub. L. 106-386, Sec. 107(e)(1), added subpar.
(T).
Subsec. (a)(15)(U). Pub. L. 106-386, Sec. 1513(b), added subpar.
(U).
Subsec. (a)(15)(V). Pub. L. 106-553, Sec. 1(a)(2) [title XI,
Sec. 1102(a)], added subpar. (V).
Subsec. (a)(27)(C)(ii)(II), (III). Pub. L. 106-409 substituted
``2003,'' for ``2000,''.
Subsec. (a)(27)(M). Pub. L. 106-536 added subpar. (M).
Subsec. (a)(50). Pub. L. 106-386, Sec. 1503(a), added par. (50).
Subsec. (f). Pub. L. 106-395 inserted at end: ``In the case of an
alien who makes a false statement or claim of citizenship, or who
registers to vote or votes in a Federal, State, or local election
(including an initiative, recall, or referendum) in violation of a
lawful restriction of such registration or voting to citizens, if each
natural parent of the alien (or, in the case of an adopted alien, each
adoptive parent of the alien) is or was a citizen (whether by birth or
naturalization), the alien permanently resided in the United States
prior to attaining the age of 16, and the alien reasonably believed at
the time of such statement, claim, or violation that he or she was a
citizen, no finding that the alien is, or was, not of good moral
character may be made based on it.''
Subsec. (i). Pub. L. 106-386, Sec. 107(e)(4), added subsec. (i).
1999--Subsec. (a)(15)(H)(i)(a). Pub. L. 106-95, Sec. 2(c), struck
out subcl. (a) which read as follows: ``who is coming temporarily to the
United States to perform services as a registered nurse, who meets the
qualifications described in section 1182(m)(1) of this title, and with
respect to whom the Secretary of Labor determines and certifies to the
Attorney General that an unexpired attestation is on file and in effect
under section 1182(m)(2) of this title for each facility (which facility
shall include the petitioner and each worksite, other than a private
household worksite, if the worksite is not the alien's employer or
controlled by the employer) for which the alien will perform the
services, or''.
Subsec. (a)(15)(H)(i)(c). Pub. L. 106-95, Sec. 2(a), added subcl.
(c).
Subsec. (b)(1)(E). Pub. L. 106-139, Sec. 1(a)(1), designated
existing provisions as cl. (i) and added cl. (ii).
Subsec. (b)(1)(F). Pub. L. 106-139, Sec. 1(a)(2), designated
existing provisions as cl. (i), substituted ``; or'' for period at end,
and added cl. (ii).
Subsec. (c)(1). Pub. L. 106-139, Sec. 1(b)(1), substituted ``16
years (except to the extent that the child is described in subparagraph
(E)(ii) or (F)(ii) of subsection (b)(1) of this section),'' for
``sixteen years,''.
1998--Subsec. (a)(9). Pub. L. 105-277, Sec. 2222(e), inserted ``or
employee'' after ``other officer'' and ``or, when used in subchapter III
of this chapter, for the purpose of adjudicating nationality'' before
period at end.
Subsec. (a)(15)(N). Pub. L. 105-277, Sec. 421(b), inserted ``(or
under analogous authority under paragraph (27)(L))'' after
``(27)(I)(i)'' in cl. (i) and after ``(27)(I)'' in cl. (ii).
Subsec. (a)(15)(Q). Pub. L. 105-319, Sec. 2(b)(1), designated
existing provisions as cl. (i) and added cl. (ii).
Subsec. (a)(27)(L). Pub. L. 105-277, Sec. 421(a), added subpar. (L).
1997--Subsec. (a)(27)(C)(ii)(II), (III). Pub. L. 105-54 substituted
``2000'' for ``1997''.
Subsec. (a)(27)(J). Pub. L. 105-119 amended subpar. (J) generally.
Prior to amendment, subpar. (J) read as follows: ``an immigrant (i) who
has been declared dependent on a juvenile court located in the United
States or whom such a court has legally committed to, or placed under
the custody of, an agency or department of a State and who has been
deemed eligible by that court for long-term foster care, and (ii) for
whom it has been determined in administrative or judicial proceedings
that it would not be in the alien's best interest to be returned to the
alien's or parent's previous country of nationality or country of last
habitual residence; except that no natural parent or prior adoptive
parent of any alien provided special immigrant status under this
subparagraph shall thereafter, by virtue of such parentage, be accorded
any right, privilege, or status under this chapter; or''.
1996--Subsec. (a)(6). Pub. L. 104-208, Sec. 104(a), inserted at end
``Such regulations shall provide that (A) each such document include a
biometric identifier (such as the fingerprint or handprint of the alien)
that is machine readable and (B) an alien presenting a border crossing
identification card is not permitted to cross over the border into the
United States unless the biometric identifier contained on the card
matches the appropriate biometric characteristic of the alien.''
Subsec. (a)(13). Pub. L. 104-208, Sec. 301(a), amended par. (13)
generally. Prior to amendment, par. (13) read as follows: ``The term
`entry' means any coming of an alien into the United States, from a
foreign port or place or from an outlying possession, whether
voluntarily or otherwise, except that an alien having a lawful permanent
residence in the United States shall not be regarded as making an entry
into the United States for the purposes of the immigration laws if the
alien proves to the satisfaction of the Attorney General that his
departure to a foreign port or place or to an outlying possession was
not intended or reasonably to be expected by him or his presence in a
foreign port or place or in an outlying possession was not voluntary:
Provided, That no person whose departure from the United States was
occasioned by deportation proceedings, extradition, or other legal
process shall be held to be entitled to such exception.''
Subsec. (a)(15)(F)(i). Pub. L. 104-208, Sec. 625(a)(2), inserted
``consistent with section 1184(l) of this title'' after ``such a course
of study''.
Subsec. (a)(15)(K). Pub. L. 104-208, Sec. 308(f)(1)(A), substituted
``admission'' for ``entry''.
Subsec. (a)(15)(S). Pub. L. 104-208, Sec. 671(a)(3)(B), substituted
``section 1184(k)'' for ``section 1184(j)'' in introductory provisions.
Subsec. (a)(17). Pub. L. 104-208, Sec. 308(d)(4)(A), substituted
``expulsion, or removal'' for ``or expulsion''.
Subsec. (a)(30). Pub. L. 104-208, Sec. 308(f)(1)(B), substituted
``admission'' for ``entry''.
Subsec. (a)(42). Pub. L. 104-208, Sec. 601(a)(1), inserted at end
``For purposes of determinations under this chapter, a person who has
been forced to abort a pregnancy or to undergo involuntary
sterilization, or who has been persecuted for failure or refusal to
undergo such a procedure or for other resistance to a coercive
population control program, shall be deemed to have been persecuted on
account of political opinion, and a person who has a well founded fear
that he or she will be forced to undergo such a procedure or subject to
persecution for such failure, refusal, or resistance shall be deemed to
have a well founded fear of persecution on account of political
opinion.''
Subsec. (a)(43). Pub. L. 104-208, Sec. 321(b), inserted at end of
concluding provisions ``Notwithstanding any other provision of law
(including any effective date), the term applies regardless of whether
the conviction was entered before, on, or after September 30, 1996.''
Subsec. (a)(43)(A). Pub. L. 104-208, Sec. 321(a)(1), inserted ``,
rape, or sexual abuse of a minor'' after ``murder''.
Subsec. (a)(43)(D). Pub. L. 104-208, Sec. 321(a)(2), substituted
``$10,000'' for ``$100,000''.
Subsec. (a)(43)(F). Pub. L. 104-208, Sec. 322(a)(2)(A), struck out
``imposed (regardless of any suspension of imprisonment)'' after ``term
of imprisonment''.
Pub. L. 104-208, Sec. 321(a)(3), substituted ``at least one year''
for ``is at least 5 years''.
Subsec. (a)(43)(G). Pub. L. 104-208, Sec. 322(a)(2)(A), which
directed amendment of subpar. (G) by striking out ``imposed (regardless
of any suspension of imprisonment)'', was executed by striking out
``imposed (regardless of any suspension of such imprisonment)'' after
``term of imprisonment'' to reflect the probable intent of Congress.
Pub. L. 104-208, Sec. 321(a)(3), substituted ``at least one year''
for ``is at least 5 years''.
Subsec. (a)(43)(J). Pub. L. 104-208, Sec. 321(a)(4), substituted
``sentence of one year imprisonment'' for ``sentence of 5 years'
imprisonment''.
Pub. L. 104-132, Sec. 440(e)(1), inserted ``, or an offense
described in section 1084 (if it is a second or subsequent offense) or
1955 of that title (relating to gambling offenses),'' after ``corrupt
organizations)''.
Subsec. (a)(43)(K)(i). Pub. L. 104-132, Sec. 440(e)(2)(A), struck
out ``or'' at end.
Subsec. (a)(43)(K)(ii). Pub. L. 104-208, Sec. 671(b)(5), struck out
comma after ``1588''.
Pub. L. 104-208, Sec. 321(a)(5), inserted ``if committed'' before
``for commercial advantage''.
Pub. L. 104-132, Sec. 440(e)(2)(C), added cl. (ii). Former cl. (ii)
redesignated (iii).
Subsec. (a)(43)(K)(iii). Pub. L. 104-132, Sec. 440(e)(2)(B),
redesignated cl. (ii) as (iii).
Subsec. (a)(43)(L)(iii). Pub. L. 104-208, Sec. 321(a)(6), added cl.
(iii).
Subsec. (a)(43)(M). Pub. L. 104-208, Sec. 321(a)(7), substituted
``$10,000'' for ``$200,000'' in cls. (i) and (ii).
Subsec. (a)(43)(N). Pub. L. 104-208, Sec. 322(a)(2)(A), which
directed amendment of subpar. (N) by striking ``imposed (regardless of
any suspension of imprisonment)'', could not be executed because that
phrase did not appear subsequent to amendment by Pub. L. 104-208,
Sec. 321(a)(8). See below.
Pub. L. 104-208, Sec. 321(a)(8), substituted ``, except in the case
of a first offense for which the alien has affirmatively shown that the
alien committed the offense for the purpose of assisting, abetting, or
aiding only the alien's spouse, child, or parent (and no other
individual) to violate a provision of this chapter'' for ``for which the
term of imprisonment imposed (regardless of any suspension of
imprisonment) at least one year;''.
Pub. L. 104-208, Sec. 321(a)(3), substituted ``at least one year''
for ``is at least 5 years''.
Pub. L. 104-132, Sec. 440(e)(3), amended subpar. (N) generally.
Prior to amendment, subpar. (N) read as follows: ``an offense described
in section 274(a)(1) of title 18, United States Code (relating to alien
smuggling) for the purpose of commercial advantage;''.
Subsec. (a)(43)(O). Pub. L. 104-132, Sec. 440(e)(7), added subpar.
(O).
Pub. L. 104-132, Sec. 440(e)(6), redesignated subpar. (O) as (P).
Pub. L. 104-132, Sec. 440(e)(4), amended subpar. (O) generally.
Prior to amendment subpar. (O) read as follows: ``an offense described
in section 1546(a) of title 18 (relating to document fraud) which
constitutes trafficking in the documents described in such section for
which the term of imprisonment imposed (regardless of any suspicion of
such imprisonment) is at least 5 years;''.
Subsec. (a)(43)(P). Pub. L. 104-208, Sec. 322(a)(2)(A), which
directed amendment of subpar. (P) by striking out ``imposed (regardless
of any suspension of imprisonment)'', was executed by striking out
``imposed (regardless of any suspension of such imprisonment)'' after
``term of imprisonment'' to reflect the probable intent of Congress.
Pub. L. 104-208, Sec. 321(a)(9), substituted ``12 months, except in
the case of a first offense for which the alien has affirmatively shown
that the alien committed the offense for the purpose of assisting,
abetting, or aiding only the alien's spouse, child, or parent (and no
other individual) to violate a provision of this chapter'' for ``18
months''.
Pub. L. 104-208, Sec. 321(a)(3), which directed amendment of subpar.
(P) by substituting ``at least one year'' for ``is at least 5 years'',
could not be executed because ``is at least 5 years'' did not appear
subsequent to amendments by Pub. L. 104-132, Sec. 440(e)(4), (6). See
above.
Pub. L. 104-132, Sec. 440(e)(6), redesignated subpar. (O) as (P).
Former subpar. (P) redesignated (Q).
Pub. L. 104-132, Sec. 440(e)(5), substituted ``5 years or more;''
for ``15 years or more; and''.
Subsec. (a)(43)(Q). Pub. L. 104-132, Sec. 440(e)(6), redesignated
subpar. (P) as (Q). Former subpar. (Q) redesignated (U).
Subsec. (a)(43)(R). Pub. L. 104-208, Sec. 321(a)(10), substituted
``for which the term of imprisonment is at least one year'' for ``for
which a sentence of 5 years' imprisonment or more may be imposed''.
Pub. L. 104-132, Sec. 440(e)(8), added subpar. (R).
Subsec. (a)(43)(S). Pub. L. 104-208, Sec. 321(a)(11), substituted
``for which the term of imprisonment is at least one year'' for ``for
which a sentence of 5 years' imprisonment or more may be imposed''.
Pub. L. 104-132, Sec. 440(e)(8), added subpar. (S).
Subsec. (a)(43)(T). Pub. L. 104-132, Sec. 440(e)(8), added subpar.
(T).
Subsec. (a)(43)(U). Pub. L. 104-132, Sec. 440(e)(6), redesignated
subpar. (Q) as (U).
Subsec. (a)(47). Pub. L. 104-132, Sec. 440(b), added par. (47).
Subsec. (a)(48). Pub. L. 104-208, Sec. 322(a)(1), added par. (48).
Subsec. (a)(49). Pub. L. 104-208, Sec. 361(a), added par. (49).
Subsec. (b)(4). Pub. L. 104-208, Sec. 371(a), amended par. (4)
generally. Prior to amendment, par. (4) read as follows: ``The term
`special inquiry officer' means any immigration officer who the Attorney
General deems specially qualified to conduct specified classes of
proceedings, in whole or in part, required by this chapter to be
conducted by or before a special inquiry officer and who is designated
and selected by the Attorney General, individually or by regulation, to
conduct such proceedings. Such special inquiry officer shall be subject
to such supervision and shall perform such duties, not inconsistent with
this chapter, as the Attorney General shall prescribe.''
Subsec. (c)(1). Pub. L. 104-208, Sec. 671(e)(2), substituted ``and
1432'' for ``, 1432, and 1433''.
Subsec. (f)(3). Pub. L. 104-208, Sec. 308(d)(3)(A), substituted
``inadmissible'' for ``excludable''.
Subsec. (g). Pub. L. 104-208, Sec. 308(e)(3), substituted ``deported
or removed'' for ``deported'' in two places.
1995--Subsec. (b)(1)(A). Pub. L. 104-51, Sec. 1(1)(A), substituted
``child born in wedlock'' for ``legitimate child''.
Subsec. (b)(1)(D). Pub. L. 104-51, Sec. 1(1)(B), substituted ``a
child born out of wedlock'' for ``an illegitimate child''.
Subsec. (b)(2). Pub. L. 104-51, Sec. 1(2) substituted ``a child born
out of wedlock'' for ``an illegitimate child''.
1994--Subsec. (a)(1). Pub. L. 103-236 substituted ``official
designated by the Secretary of State pursuant to section 1104(b) of this
title'' for ``Assistant Secretary of State for Consular Affairs''.
Subsec. (a)(15)(S). Pub. L. 103-322 added subpar. (S).
Subsec. (a)(27)(C)(ii)(II), (III). Pub. L. 103-416, Sec. 214,
substituted ``1997,'' for ``1994,''.
Subsec. (a)(27)(D). Pub. L. 103-416, Sec. 201, inserted ``or of the
American Institute in Taiwan,'' after ``Government abroad,'' and ``(or,
in the case of the American Institute in Taiwan, the Director thereof)''
after ``Service establishment''.
Subsec. (a)(27)(F)(ii). Pub. L. 103-337 inserted ``or continues to
be employed by the United States Government in an area of the former
Canal Zone'' after ``employment''.
Subsec. (a)(27)(I)(iii)(II). Pub. L. 103-416, Sec. 202, added subcl.
(II) and struck out former subcl. (II) which read as follows: ``files a
petition for status under this subparagraph before January 1, 1993, and
no later than six months after the date of such retirement or six months
after October 24, 1988, whichever is later; or''.
Subsec. (a)(27)(J)(i). Pub. L. 103-416, Sec. 219(a), substituted
``or whom such a court has legally committed to, or placed under the
custody of, an agency or department of a State and who has'' for ``and
has'' before ``been deemed''.
Subsec. (a)(43). Pub. L. 103-416, Sec. 222(a), amended par. (43)
generally. Prior to amendment, par. (43) read as follows: ``The term
`aggravated felony' means murder, any illicit trafficking in any
controlled substance (as defined in section 802 of title 21), including
any drug trafficking crime as defined in section 924(c)(2) of title 18,
or any illicit trafficking in any firearms or destructive devices as
defined in section 921 of such title, any offense described in section
1956 of title 18 (relating to laundering of monetary instruments), or
any crime of violence (as defined in section 16 of title 18, not
including a purely political offense) for which the term of imprisonment
imposed (regardless of any suspension of such imprisonment) is at least
5 years, or any attempt or conspiracy to commit any such act. Such term
applies to offenses described in the previous sentence whether in
violation of Federal or State law and also applies to offenses described
in the previous sentence in violation of foreign law for which the term
of imprisonment was completed within the previous 15 years.''
1991--Subsec. (a)(15)(D)(i). Pub. L. 102-232, Sec. 309(b)(1),
inserted a comma after ``States)''.
Subsec. (a)(15)(H)(i)(b). Pub. L. 102-232, Sec. 303(a)(7)(A), struck
out ``, and had approved by,'' after ``has filed with''.
Pub. L. 102-232, Sec. 303(a)(5)(A), inserted ``subject to section
1182(j)(2) of this title,'' after ``or (b)''.
Pub. L. 102-232, Sec. 207(b), inserted ``or as a fashion model''
after ``section 1184(i)(1) of this title'' and ``or, in the case of a
fashion model, is of distinguished merit and ability'' after ``section
1184(i)(2) of this title''.
Subsec. (a)(15)(O)(i). Pub. L. 102-232, Sec. 205(b), struck out
before semicolon at end ``, but only if the Attorney General determines
that the alien's entry into the United States will substantially benefit
prospectively the United States''.
Subsec. (a)(15)(O)(ii)(III)(b). Pub. L. 102-232, Sec. 205(c),
substituted ``significant production (including pre- and post-production
work)'' for ``significant principal photography''.
Subsec. (a)(15)(P)(i). Pub. L. 102-232, Sec. 203(a), amended cl. (i)
generally. Prior to amendment, cl. (i) read as follows:
``(I) performs as an athlete, individually or as part of a group or
team, at an internationally recognized level of performance, or performs
as part of an entertainment group that has been recognized
internationally as being outstanding in the discipline for a sustained
and substantial period of time and has had a sustained and substantial
relationship with that group over a period of at least 1 year and
provides functions integral to the performance of the group, and
``(II) seeks to enter the United States temporarily and solely for
the purpose of performing as such an athlete or entertainer with respect
to a specific athletic competition or performance;''.
Subsec. (a)(15)(P)(ii)(II). Pub. L. 102-232, Sec. 206(b), (c)(1),
inserted ``or organizations'' after ``and an organization'' and struck
out before semicolon at end ``, between the United States and the
foreign states involved''.
Subsec. (a)(15)(P)(iii)(II). Pub. L. 102-232, Sec. 206(d),
substituted ``to perform, teach, or coach'' for ``for the purpose of
performing'' and inserted ``commercial or noncommercial'' before
``program''.
Subsec. (a)(15)(Q). Pub. L. 102-232, Sec. 303(a)(14), substituted
``approved'' for ``designated''.
Subsec. (a)(24). Pub. L. 102-232, Sec. 305(m)(1), struck out par.
(24) which defined ``naturalization court''.
Subsec. (a)(27)(I)(ii)(II), (iii)(II). Pub. L. 102-232,
Sec. 302(e)(8)(A), substituted ``files a petition for status'' for
``applies for a visa or adjustment of status''.
Subsec. (a)(27)(K). Pub. L. 102-110 added subpar. (K).
Subsec. (a)(43). Pub. L. 102-232, Sec. 306(a)(1), struck out comma
before period at end of first sentence.
Subsec. (a)(46). Pub. L. 102-232, Sec. 205(a), added par. (46).
Subsec. (c)(1). Pub. L. 102-232, Sec. 309(b)(4), struck out
reference to section 1434.
1990--Subsec. (a)(15)(D)(i). Pub. L. 101-649, Sec. 203(c),
substituted ``a capacity'' for ``any capacity'' and inserted ``, as
defined in section 1288(a) of this title'' after ``on board a vessel''.
Subsec. (a)(15)(E)(i). Pub. L. 101-649, Sec. 204(a), inserted ``,
including trade in services or trade in technology'' after ``substantial
trade''.
Subsec. (a)(15)(H). Pub. L. 101-649, Sec. 205(e)(1), struck out
``having a residence in a foreign country which he has no intention of
abandoning'' after ``an alien''.
Subsec. (a)(15)(H)(i)(a). Pub. L. 101-649, Sec. 162(f)(2)(A),
substituted ``for each facility (which facility shall include the
petitioner and each worksite, other than a private household worksite,
if the worksite is not the alien's employer or controlled by the
employer) for which the alien will perform the services, or'' for ``for
the facility for which the alien will perform the services, or''.
Subsec. (a)(15)(H)(i)(b). Pub. L. 101-649, Sec. 205(c)(1),
substituted ``who is coming temporarily to the United States to perform
services (other than services described in subclause (a) during the
period in which such subclause applies and other than services described
in subclause (ii)(a) or in subparagraph (O) or (P)) in a specialty
occupation described in section 1184(i)(1) of this title, who meets the
requirements for the occupation specified in section 1184(i)(2) of this
title, and with respect to whom the Secretary of Labor determines and
certifies to the Attorney General that the intending employer has filed
with, and had approved by, the Secretary an application under section
1182(n)(1) of this title'' for ``who is of distinguished merit and
ability and who is coming temporarily to the United States to perform
services (other than services as a registered nurse) of an exceptional
nature requiring such merit and ability, and who, in the case of a
graduate of a medical school coming to the United States to perform
services as a member of the medical profession, is coming pursuant to an
invitation from a public or nonprofit private educational or research
institution or agency in the United States to teach or conduct research,
or both, at or for such institution or agency''.
Subsec. (a)(15)(H)(ii). Pub. L. 101-649, Sec. 205(e)(2), (3),
substituted ``(a) having a residence in a foreign country which he has
no intention of abandoning who is coming temporarily to the United
States'' for ``who is coming temporarily to the United States (a)'', and
in subcl. (b) inserted ``having a residence in a foreign country which
he has no intention of abandoning who is coming temporarily to the
United States'' after ``(b)''.
Subsec. (a)(15)(H)(iii). Pub. L. 101-649, Sec. 205(e)(4), inserted
``having a residence in a foreign country which he has no intention of
abandoning'' after ``(iii)''.
Pub. L. 101-649, Sec. 205(d), inserted ``, in a training program
that is not designed primarily to provide productive employment'' before
semicolon at end.
Subsec. (a)(15)(L). Pub. L. 101-649, Sec. 206(c), substituted
``within 3 years preceding'' for ``immediately preceding''.
Subsec. (a)(15)(O), (P). Pub. L. 101-649, Sec. 207(a), added
subpars. (O) and (P).
Subsec. (a)(15)(Q). Pub. L. 101-649, Sec. 208, added subpar. (Q).
Subsec. (a)(15)(R). Pub. L. 101-649, Sec. 209(a), added subpar. (R).
Subsec. (a)(27)(C). Pub. L. 101-649, Sec. 151(a), amended subpar.
(C) generally. Prior to amendment, subpar. (C) read as follows: ``(i) an
immigrant who continuously for at least two years immediately preceding
the time of his application for admission to the United States has been,
and who seeks to enter the United States solely for the purpose of
carrying on the vocation of minister of a religious denomination, and
whose services are needed by such religious denomination having a bona
fide organization in the United States; and (ii) the spouse or the child
of any such immigrant, if accompanying or following to join him;''.
Subsec. (a)(27)(J). Pub. L. 101-649, Sec. 153(a), added subpar. (J).
Subsec. (a)(36). Pub. L. 101-649, Sec. 407(a)(2), struck out
``(except as used in section 1421(a) of this title)'' after
``includes''.
Subsec. (a)(43). Pub. L. 101-649, Sec. 501(a)(6), inserted ``and
also applies to offenses described in the previous sentence in violation
of foreign law for which the term of imprisonment was completed within
the previous 15 years'' after ``Federal or State law''.
Pub. L. 101-649, Sec. 501(a)(5), inserted at end ``Such term applies
to offenses described in the previous sentence whether in violation of
Federal or State law.''
Pub. L. 101-649, Sec. 501(a)(4), struck out ``committed within the
United States'' after ``to commit any such act,''.
Pub. L. 101-649, Sec. 501(a)(3), inserted ``any offense described in
section 1956 of title 18 (relating to laundering of monetary
instruments), or any crime of violence (as defined in section 16 of
title 18, not including a purely political offense) for which the term
of imprisonment imposed (regardless of any suspension of such
imprisonment) is at least 5 years,'' after ``section 921 of such
title,''.
Pub. L. 101-649, Sec. 501(a)(2), inserted ``any illicit trafficking
in any controlled substance (as defined in section 802 of title 21),
including'' after ``murder,''.
Pub. L. 101-649, Sec. 501(a)(1), aligned margin of par. (43).
Subsec. (a)(44). Pub. L. 101-649, Sec. 123, added par. (44).
Subsec. (a)(45). Pub. L. 101-649, Sec. 204(c), added par. (45).
Subsec. (f)(3). Pub. L. 101-649, Sec. 603(a)(1)(A), substituted
``paragraphs (2)(D), (6)(E), and (9)(A)'' for ``paragraphs (11), (12),
and (31)''.
Pub. L. 101-649, Sec. 603(a)(1)(B), substituted ``subparagraphs (A)
and (B) of section 1182(a)(2) of this title and subparagraph (C)
thereof'' for ``paragraphs (9) and (10) of section 1182(a) of this title
and paragraph (23)''.
Subsec. (f)(8). Pub. L. 101-649, Sec. 509(a), substituted ``an
aggravated felony (as defined in subsection (a)(43) of this section)''
for ``the crime of murder''.
Subsec. (h). Pub. L. 101-649, Sec. 603(a)(1)(C), substituted
``1182(a)(2)(E) of this title'' for ``1182(a)(34) of this title''.
Pub. L. 101-246 added subsec. (h).
1989--Subsec. (a)(15)(H)(i). Pub. L. 101-238 added subcl. (a),
designated existing provisions as subcl. (b), and inserted ``(other than
services as a registered nurse)'' after ``to perform services''.
Subsec. (b)(2). Pub. L. 101-162 inserted before period at end ``,
except that, for purposes of paragraph (1)(F) (other than the second
proviso therein) in the case of an illegitimate child described in
paragraph (1)(D) (and not described in paragraph (1)(C)), the term
`parent' does not include the natural father of the child if the father
has disappeared or abandoned or deserted the child or if the father has
in writing irrevocably released the child for emigration and adoption''.
1988--Subsec. (a)(15)(J). Pub. L. 100-525, Sec. 9(a)(1), substituted
``Director of the United States Information Agency'' for ``Secretary of
State''.
Subsec. (a)(27)(I)(i)(II), (ii)(II), (iii)(II). Pub. L. 100-525,
Sec. 2(o)(1), substituted ``October 24, 1988'' for ``November 6, 1986''
and ``applies for a visa or adjustment of status'' for ``applies for
admission''.
Subsec. (a)(38). Pub. L. 100-525, Sec. 9(a)(2), struck out ``For the
purpose of issuing certificates of citizenship to persons who are
citizens of the United States, the term `United States' as used in
section 1452 of this title includes the Canal Zone.''
Subsec. (a)(43). Pub. L. 100-690 added par. (43).
Subsec. (b)(2). Pub. L. 100-459, temporarily inserted before period
at end ``, except that, for purposes of paragraph (1)(F) in the case of
an illegitimate child described in paragraph (1)(D) (and not described
in paragraph (1)(C)), the term `parent' does not include the natural
father of the child if the father has disappeared or abandoned or
deserted the child or if the father has in writing irrevocably released
the child for emigration and adoption''. See Effective and Termination
Dates of 1988 Amendments note below.
Subsec. (c)(1). Pub. L. 100-525, Sec. 8(b), repealed Pub. L. 99-653,
Sec. 3. See 1986 Amendment note below.
Subsec. (d). Pub. L. 100-525, Sec. 9(a)(3), struck out subsec. (d)
defining ``veteran'', ``Spanish-American War'', ``World War I'', ``World
War II'', and ``Korean hostilities'' as those terms were used in part
III of subchapter III of this chapter.
1986--Subsec. (a)(15)(D). Pub. L. 99-505 designated existing
provisions as cl. (i) and added cl. (ii).
Subsec. (a)(15)(H). Pub. L. 99-603, Sec. 301(a), designated existing
provisions of cl. (ii) as subcl. (b) and added subcl. (a) relating to
persons performing agricultural labor or services as defined by the
Secretary of Labor in regulations and including agricultural labor as
defined in section 3121(g) of title 26 and agriculture as defined in
section 203(f) of title 29 of a temporary or seasonal nature.
Subsec. (a)(15)(H)(ii). Pub. L. 99-514 substituted ``Internal
Revenue Code of 1986'' for ``Internal Revenue Code of 1954'', which for
purposes of codification was translated as ``title 26'' thus requiring
no change in text.
Subsec. (a)(15)(N). Pub. L. 99-603, Sec. 312(b), added subpar. (N).
Subsec. (a)(27)(I). Pub. L. 99-603, Sec. 312(a), added subpar. (I).
Subsec. (b)(1)(D). Pub. L. 99-603, Sec. 315(a), inserted ``or to its
natural father if the father has or had a bona fide parent-child
relationship with the person''.
Subsec. (b)(1)(E). Pub. L. 99-653, Sec. 2, struck out ``thereafter''
after ``the child has''.
Subsec. (c)(1). Pub. L. 99-653, Sec. 3, which struck out par. (1)
defining ``child'', was repealed by Pub. L. 100-525, Sec. 8(b), and such
par. (1) was revived as of Nov. 14, 1986, see Repeal and Revival note
below.
1984--Subsec. (a)(9). Priv. L. 98-47 struck out provisions which
directed that in Canal Zone and outlying possessions of the United
States ``consular officer'' meant an officer designated by the Governor
of the Canal Zone, or the governors of the outlying possessions for
purposes of issuing immigrant or nonimmigrant visas under this chapter.
1981--Subsec. (a)(15)(F). Pub. L. 97-116, Secs. 2(a)(1), 18(a)(1),
substituted in cl. (i) ``college, university, seminary, conservatory,
academic high school, elementary school, or other academic institution
or in a language training program'' for ``institution of learning or
other recognized place of study'', and ``Secretary of Education'' for
``Office of Education of the United States''.
Subsec. (a)(15)(H), (J), (K), (L). Pub. L. 97-116, Sec. 18(a)(2),
substituted a semicolon for a period at end of subpars. (H), (J), (K),
and (L) and inserted ``or'' at end of subpar. (L).
Subsec. (a)(15)(M). Pub. L. 97-116, Sec. 2(a)(2), added subpar. (M).
Subsec. (a)(27)(H). Pub. L. 97-116, Sec. 5(d)(1), added subpar. (H).
Subsec. (a)(33). Pub. L. 97-116, Sec. 18(a)(3), struck out provision
that residence be considered continuous for the purposes of sections
1482 and 1484 of this title where there is a continuity of stay but not
necessarily an uninterrupted physical presence in a foreign state or
states or outside the United States.
Subsec. (b)(1)(A), (B). Pub. L. 97-116, Sec. 18(a)(5)(A), struck out
``or'' at the end.
Subsec. (b)(1)(C). Pub. L. 97-116, Sec. 18(a)(5)(B), substituted a
semicolon for the period at end.
Subsec. (b)(1)(E). Pub. L. 97-116, Secs. 2(b), 18(a)(5)(C),
substituted ``sixteen'' for ``fourteen'', and ``; or'' for the period at
the end.
Subsec. (b)(1)(F). Pub. L. 97-116, Sec. 2(b), substituted
``sixteen'' for ``fourteen''.
Subsec. (f). Pub. L. 97-116, Sec. 2(c), struck out par. (2) which
provided that a person not be considered a person of good moral
character if within the period for which good moral character is
required to be established the person commits adultery, and substituted
in par. (3) ``paragraphs (9) and (10) of section 1182(a) of this title
and paragraph (23) of such section (except as such paragraph relates to
a single offense of simple possession of 30 grams or less of
marihuana)'' for ``paragraphs (9), (10), and (23) of section 1182(a) of
this title''.
1980--Subsec. (a)(42). Pub. L. 96-212 added par. (42).
1979--Subsec. (a)(27)(E) to (G). Pub. L. 96-70 added subpars. (E) to
(G).
1977--Subsec. (a)(1). Pub. L. 95-105 substituted ``Assistant
Secretary of State for Consular Affairs'' for ``administrator of the
Bureau of Security and Consular Affairs of the Department of State''.
Subsec. (a)(41). Pub. L. 95-83 inserted ``a'' after ``graduates of''
and ``, other than such aliens who are of national or international
renown in the field of medicine'' after ``in a foreign state''.
1976--Subsec. (a)(15)(H)(i). Pub. L. 94-484, Sec. 601(b)(1),
inserted ``, and who, in the case of a graduate of a medical school
coming to the United States to perform services as a member of the
medical profession, is coming pursuant to an invitation from a public or
nonprofit private educational or research institution or agency in the
United States to teach or conduct research, or both, at or for such
institution or agency''.
Subsec. (a)(15)(H)(ii). Pub. L. 94-484, Sec. 601(b)(2), inserted ``,
but this clause shall not apply to graduates of medical schools coming
to the United States to perform services as members of the medical
profession''.
Subsec. (a)(15)(H)(iii). Pub. L. 94-484, Sec. 601(b)(3), inserted
``, other than to receive graduate medical education or training''.
Subsec. (a)(15)(J). Pub. L. 94-484, Sec. 601(b)(4), inserted ``and
who, if he is coming to the United States to participate in a program
under which he will receive graduate medical education or training, also
meets the requirements of section 1182(j) of this title''.
Subsec. (a)(27). Pub. L. 94-571 struck out subpar. (A) provision
defining term ``special immigrant'' to include an immigrant born in any
independent foreign country of the Western Hemisphere or in the Canal
Zone and the spouse and children of any such immigrant, if accompanying,
or following to join him and restricting issuance of an immigrant visa
until consular officer was in receipt of a determination made by the
Secretary of Labor pursuant to former provisions of section 1182(a)(14)
of this title; and redesignated as subpars. (A) to (D) former subpars.
(B) to (E).
Subsec. (a)(41). Pub. L. 94-484, Sec. 601(e), added par. (41).
1975--Subsec. (b)(1)(F). Pub. L. 94-155 provided for adoption of
alien children under the age of fourteen by unmarried United States
citizens who are at least twenty-five years of age and inserted
requirement that before adoption the Attorney General be satisfied that
proper care will be provided the child after admission.
1970--Subsec. (a)(15)(H). Pub. L. 91-225, Sec. 1(a), provided for
nonimmigrant alien status for alien spouse and minor children of any
alien specified in par. (H) if accompanying him or following to join him
and struck out ``temporary'', ``other'', and ``industrial'' before
``services'', ``temporary services'', and ``trainee'' in cls. (i) to
(iii), respectively.
Subsec. (a)(15)(K), (L). Pub. L. 91-225, Sec. 1(b), added subpars.
(K) and (L).
1966--Subsec. (a)(38). Pub. L. 89-710 inserted sentence providing
that term ``United States'' as used in section 1452 of this title, for
the purpose of issuing certificates of citizenship to persons who are
citizens of the United States, shall include the Canal Zone.
1965--Subsec. (a)(27). Pub. L. 89-236, Sec. 8(a), substituted
``special immigrant'' for ``nonquota immigrant'' as term being defined.
Subsec. (a)(32). Pub. L. 89-236, Sec. 8(b), substituted term
``profession'' and its definition for term ``quota immigrant'' and its
definition.
Subsec. (b)(1)(F). Pub. L. 89-236, Sec. 8(c), expanded definition to
include a child, under the age of 14 at the time a petition is filed in
his behalf to accord a classification as an immediate relative or who is
an orphan because of the death or disappearance of, abandonment or
desertion by, or separation or loss from, both parents, or for whom the
sole or surviving parent is incapable of providing the proper care which
will be provided the child if admitted to the United States and who has
in writing irrevocably released the child for emigration and adoption,
and made minor amendments in the existing definitio