Aliens and Nationality - 8 USC Section 1101

01/03/05

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;
(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 (b1) who is entitled
to enter the United States under and in pursuance of the
provisions of an agreement listed in section 1184(g)(8)(A) of
this title, who is engaged in a specialty occupation described in
section 1184(i)(3) of this title, and with respect to whom the
Secretary of Labor determines and certifies to the Secretary of
Homeland Security and the Secretary of State that the intending
employer has filed with the Secretary of Labor an attestation
under section 1182(t)(1) of this title, or (c) 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) (!2) 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 Secretary of Homeland Security 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
citizen of the United Kingdom or the Republic of Ireland, 21 to
35 years of age, unemployed for not less than 12 months, and
having a residence for not less than 18 months in Northern
Ireland, or the counties of Louth, Monaghan, Cavan, Leitrim,
Sligo, and Donegal within the Republic of Ireland, which the
alien has no intention of abandoning who is coming temporarily
(for a period not to exceed 24 months) to the United States as a
participant in a cultural and training program approved by the
Secretary of State and the Secretary of Homeland Security under
section 2(a) of the Irish Peace Process Cultural and Training
Program Act of 1998 for the purpose of providing practical
training, employment, and the experience of coexistence and
conflict resolution in a diverse society, and (II) the alien
spouse and minor children of any such alien if accompanying the
alien or following to join the alien;
(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(o) 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 18 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, unmarried siblings
under 18 years of age on the date on which such alien applied
for status under such clause, and parents of such alien; and
(II) in the case of an alien described in clause (i) who is
21 years of age or older, the spouse and children of such
alien,
if accompanying, or following to join, the alien described in
clause (i);
(U)(i) subject to section 1184(p) of this title, an alien who
files a petition for status under this subparagraph, if the
Attorney General determines that -
(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(q) 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, 2008, 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, 2008, 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)
(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 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;
(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 any of sections 1581-1585 or 1588-1591
of title 18 (relating to peonage, slavery, involuntary
servitude, and trafficking in persons);
(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)
(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.
(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;
(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); or
(9) one who at any time has engaged in conduct described in
section 1182(a)(3)(E) of this title (relating to assistance in
Nazi persecution, participation in genocide, or commission of
acts of torture or extrajudicial killings) or 1182(a)(2)(G) of
this title (relating to severe violations of religious freedom).
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.

AMENDMENT OF SUBSECTION (A)(15)(H)(I)
For termination of amendment by section 107(c) of Pub. L. 108-77,
see Effective and Termination Dates of 2003 Amendment note below.
AMENDMENT OF SUBSECTION (A)(15)(Q)
Pub. L. 105-319, Sec. 2(e)(2), formerly Sec. 2(d)(2), Oct. 30,
1998, 112 Stat. 3015, as amended by Pub. L. 107-234, Sec. 1(4),
Oct. 4, 2002, 116 Stat. 1481; renumbered Sec. 2(e)(2) and amended
Pub. L. 108-449, Sec. 1(a)(2)(B), (3)(A), Dec. 10, 2004, 118 Stat.
3469, 3470, provided that, effective Oct. 1, 2008, 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).
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)".

AMENDMENTS
2004 - Subsec. (a)(15)(Q). Pub. L. 108-449, Sec. 1(b)(1),
substituted "Secretary of Homeland Security" for "Attorney General"
in two places, "citizen of the United Kingdom or the Republic of
Ireland, 21 to 35 years of age, unemployed for not less than 12
months, and having a residence for not less than 18 months" for "35
years of age or younger having a residence", and "24 months)" for
"36 months)".
Subsec. (f)(9). Pub. L. 108-458 added par. (9).
2003 - Subsec. (a)(15)(H)(i). Pub. L. 108-77, Secs. 107(c),
402(a)(1), temporarily substituted "1182(n)(1) of this title, or
(b1) who is entitled to enter the United States under and in
pursuance of the provisions of an agreement listed in section
1184(g)(8)(A) of this title, who is engaged in a specialty
occupation described in section 1184(i)(3) of this title, and with
respect to whom the Secretary of Labor determines and certifies to
the Secretary of Homeland Security and the Secretary of State that
the intending employer has filed with the Secretary of Labor an
attestation under section 1182(t)(1) of this title, or (c)" for
"1182(n)(1) of this title, or (c)". See Effective and Termination
Dates of 2003 Amendment note below.
Subsec. (a)(15)(T). Pub. L. 108-193, Sec. 8(a)(1)(A), (B),
substituted "1184(o) of this title," for "1184(n) of this title,"
and realigned margins.
Subsec. (a)(15)(T)(i)(III)(bb). Pub. L. 108-193, Sec. 4(b)(1)(A),
substituted "18 years of age," for "15 years of age,".
Subsec. (a)(15)(T)(ii)(I). Pub. L. 108-193, Sec. 4(b)(1)(B),
inserted "unmarried siblings under 18 years of age on the date on
which such alien applied for status under such clause," before "and
parents".
Subsec. (a)(15)(U). Pub. L. 108-193, Sec. 8(a)(1)(A), (C),
substituted "1184(p) of this title," for "1184(o) of this title,"
in cl. (i) and realigned margins.
Subsec. (a)(15)(V). Pub. L. 108-193, Sec. 8(a)(1)(D), substituted
"1184(q) of this title," for "1184(o) of this title," in
introductory provisions.
Subsec. (a)(27)(C)(ii)(II), (III). Pub. L. 108-99 substituted
"2008," for "2003,".
Subsec. (a)(43)(K)(iii). Pub. L. 108-193, Sec. 4(b)(5), amended
cl. (iii) generally. Prior to amendment, cl. (iii) read as follows:
"is described in section 1581, 1582, 1583, 1584, 1585, or 1588 of
title 18 (relating to peonage, slavery, and involuntary
servitude);".
2002 - Subsec. (a)(15)(F)(ii), (iii). Pub. L. 107-274, Sec. 2(a),
added cls. (ii) and (iii) and struck out former cl. (ii) which read
as follows: "and (ii) the alien spouse and minor children of any
such alien if accompanying him or following to join him;".
Subsec. (a)(15)(L). Pub. L. 107-125 inserted "subject to section
1184(c)(2) of this title," before "an alien who".
Subsec. (a)(15)(M)(ii), (iii). Pub. L. 107-274, Sec. 2(b), added
cls. (ii) and (iii) and struck out former cl. (ii) which read as
follows: "and (ii) the alien spouse and minor children of any such
alien if accompanying him or following to join him;".
2000 - Subsec. (a)(15)(K). Pub. L. 106-553, Sec. 1(a)(2) [title
XI, Sec. 1103(a)], amended subpar. (K) generally. Prior to
amendment, subpar. (K) read as follows: "an alien who is the
fiance&233;e or fiance&233; of a citizen of the United States and
who seeks to enter the United States solely to conclude a valid
marriage with the petitioner within ninety days after admission,
and the minor children of such fiance&233;e or fiance&233;
accompanying him or following to join him;".
Subsec. (a)(15)(T). Pub. L. 106-386, Sec. 107(e)(1), added
subpar. (T).
Subsec. (a)(15)(U). Pub. L. 106-386, Sec. 1513(b), added subpar.
(U).
Subsec. (a)(15)(V). Pub. L. 106-553, Sec. 1(a)(2) [title XI, Sec.
1102(a)], added subpar. (V).
Subsec. (a)(27)(C)(ii)(II), (III). Pub. L. 106-409 substituted
"2003," for "2000,".
Subsec. (a)(27)(M). Pub. L. 106-536 added subpar. (M).
Subsec. (a)(50). Pub. L. 106-386, Sec. 1503(a), added par. (50).
Subsec. (f). Pub. L. 106-395 inserted at end: "In the case of an
alien who makes a false statement or claim of citizenship, or who
registers to vote or votes in a Federal, State, or local election
(including an initiative, recall, or referendum) in violation of a
lawful restriction of such registration or voting to citizens, if
each natural parent of the alien (or, in the case of an adopted
alien, each adoptive parent of the alien) is or was a citizen
(whether by birth or naturalization), the alien permanently resided
in the United States prior to attaining the age of 16, and the
alien reasonably believed at the time of such statement, claim, or
violation that he or she was a citizen, no finding that the alien
is, or was, not of good moral character may be made based on it."
Subsec. (i). Pub. L. 106-386, Sec. 107(e)(4), added subsec. (i).
1999 - Subsec. (a)(15)(H)(i)(a). Pub. L. 106-95, Sec. 2(c),
struck out subcl. (a) which read as follows: "who is coming
temporarily to the United States to perform services as a
registered nurse, who meets the qualifications described in section
1182(m)(1) of this title, and with respect to whom the Secretary of
Labor determines and certifies to the Attorney General that an
unexpired attestation is on file and in effect under section
1182(m)(2) of this title for each facility (which facility shall
include the petitioner and each worksite, other than a private
household worksite, if the worksite is not the alien's employer or
controlled by the employer) for which the alien will perform the
services, or".
Subsec. (a)(15)(H)(i)(c). Pub. L. 106-95, Sec. 2(a), added subcl.
(c).
Subsec. (b)(1)(E). Pub. L. 106-139, Sec. 1(a)(1), designated
existing provisions as cl. (i) and added cl. (ii).
Subsec. (b)(1)(F). Pub. L. 106-139, Sec. 1(a)(2), designated
existing provisions as cl. (i), substituted "; or" for period at
end, and added cl. (ii).
Subsec. (c)(1). Pub. L. 106-139, Sec. 1(b)(1), substituted "16
years (except to the extent that the child is described in
subparagraph (E)(ii) or (F)(ii) of subsection (b)(1) of this
section)," for "sixteen years,".
1998 - Subsec. (a)(9). Pub. L. 105-277, Sec. 2222(e), inserted
"or employee" after "other officer" and "or, when used in
subchapter III of this chapter, for the purpose of adjudicating
nationality" before period at end.
Subsec. (a)(15)(N). Pub. L. 105-277, Sec. 421(b), inserted "(or
under analogous authority under paragraph (27)(L))" after
"(27)(I)(i)" in cl. (i) and after "(27)(I)" in cl. (ii).
Subsec. (a)(15)(Q). Pub. L. 105-319, Sec. 2(b)(1), designated
existing provisions as cl. (i) and added cl. (ii).
Subsec. (a)(27)(L). Pub. L. 105-277, Sec. 421(a), added subpar.
(L).
1997 - Subsec. (a)(27)(C)(ii)(II), (III). Pub. L. 105-54
substituted "2000" for "1997".
Subsec. (a)(27)(J). Pub. L. 105-119 amended subpar. (J)
generally. Prior to amendment, subpar. (J) read as follows: "an
immigrant (i) who has been declared dependent on a juvenile court
located in the United States or whom such a court has legally
committed to, or placed under the custody of, an agency or
department of a State and who has been deemed eligible by that
court for long-term foster care, and (ii) for whom it has been
determined in administrative or judicial proceedings that it would
not be in the alien's best interest to be returned to the alien's
or parent's previous country of nationality or country of last
habitual residence; except that no natural parent or prior adoptive
parent of any alien provided special immigrant status under this
subparagraph shall thereafter, by virtue of such parentage, be
accorded any right, privilege, or status under this chapter; or".
1996 - Subsec. (a)(6). Pub. L. 104-208, Sec. 104(a), inserted at
end "Such regulations shall provide that (A) each such document
include a biometric identifier (such as the fingerprint or
handprint of the alien) that is machine readable and (B) an alien
presenting a border crossing identification card is not permitted
to cross over the border into the United States unless the
biometric identifier contained on the card matches the appropriate
biometric characteristic of the alien."
Subsec. (a)(13). Pub. L. 104-208, Sec. 301(a), amended par. (13)
generally. Prior to amendment, par. (13) read as follows: "The term
'entry' means any coming of an alien into the United States, from a
foreign port or place or from an outlying possession, whether
voluntarily or otherwise, except that an alien having a lawful
permanent residence in the United States shall not be regarded as
making an entry into the United States for the purposes of the
immigration laws if the alien proves to the satisfaction of the
Attorney General that his departure to a foreign port or place or
to an outlying possession was not intended or reasonably to be
expected by him or his presence in a foreign port or place or in an
outlying possession was not voluntary: Provided, That no person
whose departure from the United States was occasioned by
deportation proceedings, extradition, or other legal process shall
be held to be entitled to such exception."
Subsec. (a)(15)(F)(i). Pub. L. 104-208, Sec. 625(a)(2), inserted
"consistent with section 1184(l) of this title" after "such a
course of study".
Subsec. (a)(15)(K). Pub. L. 104-208, Sec. 308(f)(1)(A),
substituted "admission" for "entry".
Subsec. (a)(15)(S). Pub. L. 104-208, Sec. 671(a)(3)(B),
substituted "section 1184(k)" for "section 1184(j)" in introductory
provisions.
Subsec. (a)(17). Pub. L. 104-208, Sec. 308(d)(4)(A), substituted
"expulsion, or removal" for "or expulsion".
Subsec. (a)(30). Pub. L. 104-208, Sec. 308(f)(1)(B), substituted
"admission" for "entry".
Subsec. (a)(42). Pub. L. 104-208, Sec. 601(a)(1), inserted at end
"For purposes of determinations under this chapter, a person who
has been forced to abort a pregnancy or to undergo involuntary
sterilization, or who has been persecuted for failure or refusal to
undergo such a procedure or for other resistance to a coercive
population control program, shall be deemed to have been persecuted
on account of political opinion, and a person who has a well
founded fear that he or she will be forced to undergo such a
procedure or subject to persecution for such failure, refusal, or
resistance shall be deemed to have a well founded fear of
persecution on account of political opinion."
Subsec. (a)(43). Pub. L. 104-208, Sec. 321(b), inserted at end of
concluding provisions "Notwithstanding any other provision of law
(including any effective date), the term applies regardless of
whether the conviction was entered before, on, or after September
30, 1996."
Subsec. (a)(43)(A). Pub. L. 104-208, Sec. 321(a)(1), inserted ",
rape, or sexual abuse of a minor" after "murder".
Subsec. (a)(43)(D). Pub. L. 104-208, Sec. 321(a)(2), substituted
"$10,000" for "$100,000".
Subsec. (a)(43)(F). Pub. L. 104-208, Sec. 322(a)(2)(A), struck
out "imposed (regardless of any suspension of imprisonment)" after
"term of imprisonment".
Pub. L. 104-208, Sec. 321(a)(3), substituted "at least one year"
for "is at least 5 years".
Subsec. (a)(43)(G). Pub. L. 104-208, Sec. 322(a)(2)(A), which
directed amendment of subpar. (G) by striking out "imposed
(regardless of any suspension of imprisonment)", was executed by
striking out "imposed (regardless of any suspension of such
imprisonment)" after "term of imprisonment" to reflect the probable
intent of Congress.
Pub. L. 104-208, Sec. 321(a)(3), substituted "at least one year"
for "is at least 5 years".
Subsec. (a)(43)(J). Pub. L. 104-208, Sec. 321(a)(4), substituted
"sentence of one year imprisonment" for "sentence of 5 years'
imprisonment".
Pub. L. 104-132, Sec. 440(e)(1), inserted ", or an offense
described in section 1084 (if it is a second or subsequent offense)
or 1955 of that title (relating to gambling offenses)," after
"corrupt organizations)".
Subsec. (a)(43)(K)(i). Pub. L. 104-132, Sec. 440(e)(2)(A), struck
out "or" at end.
Subsec. (a)(43)(K)(ii). Pub. L. 104-208, Sec. 671(b)(5), struck
out comma after "1588".
Pub. L. 104-208, Sec. 321(a)(5), inserted "if committed" before
"for commercial advantage".
Pub. L. 104-132, Sec. 440(e)(2)(C), added cl. (ii). Former cl.
(ii) redesignated (iii).
Subsec. (a)(43)(K)(iii). Pub. L. 104-132, Sec. 440(e)(2)(B),
redesignated cl. (ii) as (iii).
Subsec. (a)(43)(L)(iii). Pub. L. 104-208, Sec. 321(a)(6), added
cl. (iii).
Subsec. (a)(43)(M). Pub. L. 104-208, Sec. 321(a)(7), substituted
"$10,000" for "$200,000" in cls. (i) and (ii).
Subsec. (a)(43)(N). Pub. L. 104-208, Sec. 322(a)(2)(A), which
directed amendment of subpar. (N) by striking "imposed (regardless
of any suspension of imprisonment)", could not be executed because
that phrase did not appear subsequent to amendment by Pub. L.
104-208, Sec. 321(a)(8). See below.
Pub. L. 104-208, Sec. 321(a)(8), substituted ", except in the
case of a first offense for which the alien has affirmatively shown
that the alien committed the offense for the purpose of assisting,
abetting, or aiding only the alien's spouse, child, or parent (and
no other individual) to violate a provision of this chapter" for
"for which the term of imprisonment imposed (regardless of any
suspension of imprisonment) at least one year;".
Pub. L. 104-208, Sec. 321(a)(3), substituted "at least one year"
for "is at least 5 years".
Pub. L. 104-132, Sec. 440(e)(3), amended subpar. (N) generally.
Prior to amendment, subpar. (N) read as follows: "an offense
described in section 274(a)(1) of title 18, United States Code
(relating to alien smuggling) for the purpose of commercial
advantage;".
Subsec. (a)(43)(O). Pub. L. 104-132, Sec. 440(e)(7), added
subpar. (O).
Pub. L. 104-132, Sec. 440(e)(6), redesignated subpar. (O) as (P).
Pub. L. 104-132, Sec. 440(e)(4), amended subpar. (O) generally.
Prior to amendment subpar. (O) read as follows: "an offense
described in section 1546(a) of title 18 (relating to document
fraud) which constitutes trafficking in the documents described in
such section for which the term of imprisonment imposed (regardless
of any suspicion of such imprisonment) is at least 5 years;".
Subsec. (a)(43)(P). Pub. L. 104-208, Sec. 322(a)(2)(A), which
directed amendment of subpar. (P) by striking out "imposed
(regardless of any suspension of imprisonment)", was executed by
striking out "imposed (regardless of any suspension of such
imprisonment)" after "term of imprisonment" to reflect the probable
intent of Congress.
Pub. L. 104-208, Sec. 321(a)(9), substituted "12 months, except
in the case of a first offense for which the alien has
affirmatively shown that the alien committed the offense for the
purpose of assisting, abetting, or aiding only the alien's spouse,
child, or parent (and no other individual) to violate a provision
of this chapter" for "18 months".
Pub. L. 104-208, Sec. 321(a)(3), which directed amendment of
subpar. (P) by substituting "at least one year" for "is at least 5
years", could not be executed because "is at least 5 years" did not
appear subsequent to amendments by Pub. L. 104-132, Sec. 440(e)(4),
(6). See above.
Pub. L. 104-132, Sec. 440(e)(6), redesignated subpar. (O) as (P).
Former subpar. (P) redesignated (Q).
Pub. L. 104-132, Sec. 440(e)(5), substituted "5 years or more;"
for "15 years or more; and".
Subsec. (a)(43)(Q). Pub. L. 104-132, Sec. 440(e)(6), redesignated
subpar. (P) as (Q). Former subpar. (Q) redesignated (U).
Subsec. (a)(43)(R). Pub. L. 104-208, Sec. 321(a)(10), substituted
"for which the term of imprisonment is at least one year" for "for
which a sentence of 5 years' imprisonment or more may be imposed".
Pub. L. 104-132, Sec. 440(e)(8), added subpar. (R).
Subsec. (a)(43)(S). Pub. L. 104-208, Sec. 321(a)(11), substituted
"for which the term of imprisonment is at least one year" for "for
which a sentence of 5 years' imprisonment or more may be imposed".
Pub. L. 104-132, Sec. 440(e)(8), added subpar. (S).
Subsec. (a)(43)(T). Pub. L. 104-132, Sec. 440(e)(8), added
subpar. (T).
Subsec. (a)(43)(U). Pub. L. 104-132, Sec. 440(e)(6), redesignated
subpar. (Q) as (U).
Subsec. (a)(47). Pub. L. 104-132, Sec. 440(b), added par. (47).
Subsec. (a)(48). Pub. L. 104-208, Sec. 322(a)(1), added par.
(48).
Subsec. (a)(49). Pub. L. 104-208, Sec. 361(a), added par. (49).
Subsec. (b)(4). Pub. L. 104-208, Sec. 371(a), amended par. (4)
generally. Prior to amendment, par. (4) read as follows: "The term
'special inquiry officer' means any immigration officer who the
Attorney General deems specially qualified to conduct specified
classes of proceedings, in whole or in part, required by this
chapter to be conducted by or before a special inquiry officer and
who is designated and selected by the Attorney General,
individually or by regulation, to conduct such proceedings. Such
special inquiry officer shall be subject to such supervision and
shall perform such duties, not inconsistent with this chapter, as
the Attorney General shall prescribe."
Subsec. (c)(1). Pub. L. 104-208, Sec. 671(e)(2), substituted "and
1432" for ", 1432, and 1433".
Subsec. (f)(3). Pub. L. 104-208, Sec. 308(d)(3)(A), substituted
"inadmissible" for "excludable".
Subsec. (g). Pub. L. 104-208, Sec. 308(e)(3), substituted
"deported or removed" for "deported" in two places.
1995 - Subsec. (b)(1)(A). Pub. L. 104-51, Sec. 1(1)(A),
substituted "child born in wedlock" for "legitimate child".
Subsec. (b)(1)(D). Pub. L. 104-51, Sec. 1(1)(B), substituted "a
child born out of wedlock" for "an illegitimate child".
Subsec. (b)(2). Pub. L. 104-51, Sec. 1(2) substituted "a child
born out of wedlock" for "an illegitimate child".
1994 - Subsec. (a)(1). Pub. L. 103-236 substituted "official
designated by the Secretary of State pursuant to section 1104(b) of
this title" for "Assistant Secretary of State for Consular
Affairs".
Subsec. (a)(15)(S). Pub. L. 103-322 added subpar. (S).
Subsec. (a)(27)(C)(ii)(II), (III). Pub. L. 103-416, Sec. 214,
substituted "1997," for "1994,".
Subsec. (a)(27)(D). Pub. L. 103-416, Sec. 201, inserted "or of
the American Institute in Taiwan," after "Government abroad," and
"(or, in the case of the American Institute in Taiwan, the Director
thereof)" after "Service establishment".
Subsec. (a)(27)(F)(ii). Pub. L. 103-337 inserted "or continues to
be employed by the United States Government in an area of the
former Canal Zone" after "employment".
Subsec. (a)(27)(I)(iii)(II). Pub. L. 103-416, Sec. 202, added
subcl. (II) and struck out former subcl. (II) which read as
follows: "files a petition for status under this subparagraph
before January 1, 1993, and no later than six months after the date
of such retirement or six months after October 24, 1988, whichever
is later; or".
Subsec. (a)(27)(J)(i). Pub. L. 103-416, Sec. 219(a), substituted
"or whom such a court has legally committed to, or placed under the
custody of, an agency or department of a State and who has" for
"and has" before "been deemed".
Subsec. (a)(43). Pub. L. 103-416, Sec. 222(a), amended par. (43)
generally. Prior to amendment, par. (43) read as follows: "The term
'aggravated felony' means murder, any illicit trafficking in any
controlled substance (as defined in section 802 of title 21),
including any drug trafficking crime as defined in section
924(c)(2) of title 18, or any illicit trafficking in any firearms
or destructive devices as defined in section 921 of such title, any
offense described in section 1956 of title 18 (relating to
laundering of monetary instruments), or any crime of violence (as
defined in section 16 of title 18, not including a purely political
offense) for which the term of imprisonment imposed (regardless of
any suspension of such imprisonment) is at least 5 years, or any
attempt or conspiracy to commit any such act. Such term applies to
offenses described in the previous sentence whether in violation of
Federal or State law and also applies to offenses described in the
previous sentence in violation of foreign law for which the term of
imprisonment was completed within the previous 15 years."
1991 - Subsec. (a)(15)(D)(i). Pub. L. 102-232, Sec. 309(b)(1),
inserted a comma after "States)".
Subsec. (a)(15)(H)(i)(b). Pub. L. 102-232, Sec. 303(a)(7)(A),
struck out ", and had approved by," after "has filed with".
Pub. L. 102-232, Sec. 303(a)(5)(A), inserted "subject to section
1182(j)(2) of this title," after "or (b)".
Pub. L. 102-232, Sec. 207(b), inserted "or as a fashion model"
after "section 1184(i)(1) of this title" and "or, in the case of a
fashion model, is of distinguished merit and ability" after
"section 1184(i)(2) of this title".
Subsec. (a)(15)(O)(i). Pub. L. 102-232, Sec. 205(b), struck out
before semicolon at end ", but only if the Attorney General
determines that the alien's entry into the United States will
substantially benefit prospectively the United States".
Subsec. (a)(15)(O)(ii)(III)(b). Pub. L. 102-232, Sec. 205(c),
substituted "significant production (including pre- and
post-production work)" for "significant principal photography".
Subsec. (a)(15)(P)(i). Pub. L. 102-232, Sec. 203(a), amended cl.
(i) generally. Prior to amendment, cl. (i) read as follows:
"(I) performs as an athlete, individually or as part of a group
or team, at an internationally recognized level of performance, or
performs as part of an entertainment group that has been recognized
internationally as being outstanding in the discipline for a
sustained and substantial period of time and has had a sustained
and substantial relationship with that group over a period of at
least 1 year and provides functions integral to the performance of
the group, and
"(II) seeks to enter the United States temporarily and solely for
the purpose of performing as such an athlete or entertainer with
respect to a specific athletic competition or performance;".
Subsec. (a)(15)(P)(ii)(II). Pub. L. 102-232, Sec. 206(b), (c)(1),
inserted "or organizations" after "and an organization" and struck
out before semicolon at end ", between the United States and the
foreign states involved".
Subsec. (a)(15)(P)(iii)(II). Pub. L. 102-232, Sec. 206(d),
substituted "to perform, teach, or coach" for "for the purpose of
performing" and inserted "commercial or noncommercial" before
"program".
Subsec. (a)(15)(Q). Pub. L. 102-232, Sec. 303(a)(14), substituted
"approved" for "designated".
Subsec. (a)(24). Pub. L. 102-232, Sec. 305(m)(1), struck out par.
(24) which defined "naturalization court".
Subsec. (a)(27)(I)(ii)(II), (iii)(II). Pub. L. 102-232, Sec.
302(e)(8)(A), substituted "files a petition for status" for
"applies for a visa or adjustment of status".
Subsec. (a)(27)(K). Pub. L. 102-110 added subpar. (K).
Subsec. (a)(43). Pub. L. 102-232, Sec. 306(a)(1), struck out
comma before period at end of first sentence.
Subsec. (a)(46). Pub. L. 102-232, Sec. 205(a), added par. (46).
Subsec. (c)(1). Pub. L. 102-232, Sec. 309(b)(4), struck out
reference to section 1434.
1990 - Subsec. (a)(15)(D)(i). Pub. L. 101-649, Sec. 203(c),
substituted "a capacity" for "any capacity" and inserted ", as
defined in section 1288(a) of this title" after "on board a
vessel".
Subsec. (a)(15)(E)(i). Pub. L. 101-649, Sec. 204(a), inserted ",
including trade in services or trade in technology" after
"substantial trade".
Subsec. (a)(15)(H). Pub. L. 101-649, Sec. 205(e)(1), struck out
"having a residence in a foreign country which he has no intention
of abandoning" after "an alien".
Subsec. (a)(15)(H)(i)(a). Pub. L. 101-649, Sec. 162(f)(2)(A),
substituted "for each facility (which facility shall include the
petitioner and each worksite, other than a private household
worksite, if the worksite is not the alien's employer or controlled
by the employer) for which the alien will perform the services, or"
for "for the facility for which the alien will perform the
services, or".
Subsec. (a)(15)(H)(i)(b). Pub. L. 101-649, Sec. 205(c)(1),
substituted "who is coming temporarily to the United States to
perform services (other than services described in subclause (a)
during the period in which such subclause applies and other than
services described in subclause (ii)(a) or in subparagraph (O) or
(P)) in a specialty occupation described in section 1184(i)(1) of
this title, who meets the requirements for the occupation specified
in section 1184(i)(2) of this title, and with respect to whom the
Secretary of Labor determines and certifies to the Attorney General
that the intending employer has filed with, and had approved by,
the Secretary an application under section 1182(n)(1) of this
title" for "who is of distinguished merit and ability and who is
coming temporarily to the United States to perform services (other
than services as a registered nurse) of an exceptional nature
requiring such merit and ability, and who, in the case of a
graduate of a medical school coming to the United States to perform
services as a member of the medical profession, is coming pursuant
to an invitation from a public or nonprofit private educational or
research institution or agency in the United States to teach or
conduct research, or both, at or for such institution or agency".
Subsec. (a)(15)(H)(ii). Pub. L. 101-649, Sec. 205(e)(2), (3),
substituted "(a) having a residence in a foreign country which he
has no intention of abandoning who is coming temporarily to the
United States" for "who is coming temporarily to the United States
(a)", and in subcl. (b) inserted "having a residence in a foreign
country which he has no intention of abandoning who is coming
temporarily to the United States" after "(b)".
Subsec. (a)(15)(H)(iii). Pub. L. 101-649, Sec. 205(e)(4),
inserted "having a residence in a foreign country which he has no
intention of abandoning" after "(iii)".
Pub. L. 101-649, Sec. 205(d), inserted ", in a training program
that is not designed primarily to provide productive employment"
before semicolon at end.
Subsec. (a)(15)(L). Pub. L. 101-649, Sec. 206(c), substituted
"within 3 years preceding" for "immediately preceding".
Subsec. (a)(15)(O), (P). Pub. L. 101-649, Sec. 207(a), added
subpars. (O) and (P).
Subsec. (a)(15)(Q). Pub. L. 101-649, Sec. 208, added subpar. (Q).
Subsec. (a)(15)(R). Pub. L. 101-649, Sec. 209(a), added subpar.
(R).
Subsec. (a)(27)(C). Pub. L. 101-649, Sec. 151(a), amended subpar.
(C) generally. Prior to amendment, subpar. (C) read as follows:
"(i) an immigrant who continuously for at least two years
immediately preceding the time of his application for admission to
the United States has been, and who seeks to enter the United
States solely for the purpose of carrying on the vocation of
minister of a religious denomination, and whose services are needed
by such religious denomination having a bona fide organization in
the United States; and (ii) the spouse or the child of any such
immigrant, if accompanying or following to join him;".
Subsec. (a)(27)(J). Pub. L. 101-649, Sec. 153(a), added subpar.
(J).
Subsec. (a)(36). Pub. L. 101-649, Sec. 407(a)(2), struck out
"(except as used in section 1421(a) of this title)" after
"includes".
Subsec. (a)(43). Pub. L. 101-649, Sec. 501(a)(6), inserted "and
also applies to offenses described in the previous sentence in
violation of foreign law for which the term of imprisonment was
completed within the previous 15 years" after "Federal or State
law".
Pub. L. 101-649, Sec. 501(a)(5), inserted at end "Such term
applies to offenses described in the previous sentence whether in
violation of Federal or State law."
Pub. L. 101-649, Sec. 501(a)(4), struck out "committed within the
United States" after "to commit any such act,".
Pub. L. 101-649, Sec. 501(a)(3), inserted "any offense described
in section 1956 of title 18 (relating to laundering of monetary
instruments), or any crime of violence (as defined in section 16 of
title 18, not including a purely political offense) for which the
term of imprisonment imposed (regardless of any suspension of such
imprisonment) is at least 5 years," after "section 921 of such
title,".
Pub. L. 101-649, Sec. 501(a)(2), inserted "any illicit
trafficking in any controlled substance (as defined in section 802
of title 21), including" after "murder,".
Pub. L. 101-649, Sec. 501(a)(1), aligned margin of par. (43).
Subsec. (a)(44). Pub. L. 101-649, Sec. 123, added par. (44).
Subsec. (a)(45). Pub. L. 101-649, Sec. 204(c), added par. (45).
Subsec. (f)(3). Pub. L. 101-649, Sec. 603(a)(1)(A), substituted
"paragraphs (2)(D), (6)(E), and (9)(A)" for "paragraphs (11), (12),
and (31)".
Pub. L. 101-649, Sec. 603(a)(1)(B), substituted "subparagraphs
(A) and (B) of section 1182(a)(2) of this title and subparagraph
(C) thereof" for "paragraphs (9) and (10) of section 1182(a) of
this title and paragraph (23)".
Subsec. (f)(8). Pub. L. 101-649, Sec. 509(a), substituted "an
aggravated felony (as defined in subsection (a)(43) of this
section)" for "the crime of murder".
Subsec. (h). Pub. L. 101-649, Sec. 603(a)(1)(C), substituted
"1182(a)(2)(E) of this title" for "1182(a)(34) of this title".
Pub. L. 101-246 added subsec. (h).
1989 - Subsec. (a)(15)(H)(i). Pub. L. 101-238 added subcl. (a),
designated existing provisions as subcl. (b), and inserted "(other
than services as a registered nurse)" after "to perform services".
Subsec. (b)(2). Pub. L. 101-162 inserted before period at end ",
except that, for purposes of paragraph (1)(F) (other than the
second proviso therein) in the case of an illegitimate child
described in paragraph (1)(D) (and not described in paragraph
(1)(C)), the term 'parent' does not include the natural father of
the child if the father has disappeared or abandoned or deserted
the child or if the father has in writing irrevocably released the
child for emigration and adoption".
1988 - Subsec. (a)(15)(J). Pub. L. 100-525, Sec. 9(a)(1),
substituted "Director of the United States Information Agency" for
"Secretary of State".
Subsec. (a)(27)(I)(i)(II), (ii)(II), (iii)(II). Pub. L. 100-525,
Sec. 2(o)(1), substituted "October 24, 1988" for "November 6, 1986"
and "applies for a visa or adjustment of status" for "applies for
admission".
Subsec. (a)(38). Pub. L. 100-525, Sec. 9(a)(2), struck out "For
the purpose of issuing certificates of citizenship to persons who
are citizens of the United States, the term 'United States' as used
in section 1452 of this title includes the Canal Zone."
Subsec. (a)(43). Pub. L. 100-690 added par. (43).
Subsec. (b)(2). Pub. L. 100-459, temporarily inserted before
period at end ", except that, for purposes of paragraph (1)(F) in
the case of an illegitimate child described in paragraph (1)(D)
(and not described in paragraph (1)(C)), the term 'parent' does not
include the natural father of the child if the father has
disappeared or abandoned or deserted the child or if the father has
in writing irrevocably released the child for emigration and
adoption". See Effective and Termination Dates of 1988 Amendments
note below.
Subsec. (c)(1). Pub. L. 100-525, Sec. 8(b), repealed Pub. L.
99-653, Sec. 3. See 1986 Amendment note below.
Subsec. (d). Pub. L. 100-525, Sec. 9(a)(3), struck out subsec.
(d) defining "veteran", "Spanish-American War", "World War I",
"World War II", and "Korean hostilities" as those terms were used
in part III of subchapter III of this chapter.
1986 - Subsec. (a)(15)(D). Pub. L. 99-505 designated existing
provisions as cl. (i) and added cl. (ii).
Subsec. (a)(15)(H). Pub. L. 99-603, Sec. 301(a), designated
existing provisions of cl. (ii) as subcl. (b) and added subcl. (a)
relating to persons performing agricultural labor or services as
defined by the Secretary of Labor in regulations and including
agricultural labor as defined in section 3121(g) of title 26 and
agriculture as defined in section 203(f) of title 29 of a temporary
or seasonal nature.
Subsec. (a)(15)(H)(ii). Pub. L. 99-514 substituted "Internal
Revenue Code of 1986" for "Internal Revenue Code of 1954", which
for purposes of codification was translated as "title 26" thus
requiring no change in text.
Subsec. (a)(15)(N). Pub. L. 99-603, Sec. 312(b), added subpar.
(N).
Subsec. (a)(27)(I). Pub. L. 99-603, Sec. 312(a), added subpar.
(I).
Subsec. (b)(1)(D). Pub. L. 99-603, Sec. 315(a), inserted "or to
its natural father if the father has or had a bona fide
parent-child relationship with the person".
Subsec. (b)(1)(E). Pub. L. 99-653, Sec. 2, struck out
"thereafter" after "the child has".
Subsec. (c)(1). Pub. L. 99-653, Sec. 3, which struck out par. (1)
defining "child", was repealed by Pub. L. 100-525, Sec. 8(b), and
such par. (1) was revived as of Nov. 14, 1986, see Repeal and
Revival note below.
1984 - Subsec. (a)(9). Priv. L. 98-47 struck out provisions which
directed that in Canal Zone and outlying possessions of the United
States "consular officer" meant an officer designated by the
Governor of the Canal Zone, or the governors of the outlying
possessions for purposes of issuing immigrant or nonimmigrant visas
under this chapter.
1981 - Subsec. (a)(15)(F). Pub. L. 97-116, Secs. 2(a)(1),
18(a)(1), substituted in cl. (i) "college, university, seminary,
conservatory, academic high school, elementary school, or other
academic institution or in a language training program" for
"institution of learning or other recognized place of study", and
"Secretary of Education" for "Office of Education of the United
States".
Subsec. (a)(15)(H), (J), (K), (L). Pub. L. 97-116, Sec. 18(a)(2),
substituted a semicolon for a period at end of subpars. (H), (J),
(K), and (L) and inserted "or" at end of subpar. (L).
Subsec. (a)(15)(M). Pub. L. 97-116, Sec. 2(a)(2), added subpar.
(M).
Subsec. (a)(27)(H). Pub. L. 97-116, Sec. 5(d)(1), added subpar.
(H).
Subsec. (a)(33). Pub. L. 97-116, Sec. 18(a)(3), struck out
provision that residence be considered continuous for the purposes
of sections 1482 and 1484 of this title where there is a continuity
of stay but not necessarily an uninterrupted physical presence in a
foreign state or states or outside the United States.
Subsec. (b)(1)(A), (B). Pub. L. 97-116, Sec. 18(a)(5)(A), struck
out "or" at the end.
Subsec. (b)(1)(C). Pub. L. 97-116, Sec. 18(a)(5)(B), substituted
a semicolon for the period at end.
Subsec. (b)(1)(E). Pub. L. 97-116, Secs. 2(b), 18(a)(5)(C),
substituted "sixteen" for "fourteen", and "; or" for the period at
the end.
Subsec. (b)(1)(F). Pub. L. 97-116, Sec. 2(b), substituted
"sixteen" for "f