Aliens and Nationality - 8 USC Section 1154

01/03/05

Sec. 1154. Procedure for granting immigrant status

(a) Petitioning procedure
(1)(A)(i) Any citizen of the United States claiming that an alien
is entitled to classification by reason of a relationship described
in paragraph (1), (3), or (4) of section 1153(a) of this title or
to an immediate relative status under section 1151(b)(2)(A)(i) of
this title may file a petition with the Attorney General for such
classification.
(ii) An alien spouse described in the second sentence of section
1151(b)(2)(A)(i) of this title also may file a petition with the
Attorney General under this subparagraph for classification of the
alien (and the alien's children) under such section.
(iii)(I) An alien who is described in subclause (II) may file a
petition with the Attorney General under this clause for
classification of the alien (and any child of the alien) if the
alien demonstrates to the Attorney General that -
(aa) the marriage or the intent to marry the United States
citizen was entered into in good faith by the alien; and
(bb) during the marriage or relationship intended by the alien
to be legally a marriage, the alien or a child of the alien has
been battered or has been the subject of extreme cruelty
perpetrated by the alien's spouse or intended spouse.
(II) For purposes of subclause (I), an alien described in this
subclause is an alien -
(aa)(AA) who is the spouse of a citizen of the United States;
(BB) who believed that he or she had married a citizen of the
United States and with whom a marriage ceremony was actually
performed and who otherwise meets any applicable requirements
under this chapter to establish the existence of and bona fides
of a marriage, but whose marriage is not legitimate solely
because of the bigamy of such citizen of the United States; or
(CC) who was a bona fide spouse of a United States citizen
within the past 2 years and -
(aaa) whose spouse died within the past 2 years;
(bbb) whose spouse lost or renounced citizenship status
within the past 2 years related to an incident of domestic
violence; or
(ccc) who demonstrates a connection between the legal
termination of the marriage within the past 2 years and
battering or extreme cruelty by the United States citizen
spouse;
(bb) who is a person of good moral character;
(cc) who is eligible to be classified as an immediate relative
under section 1151(b)(2)(A)(i) of this title or who would have
been so classified but for the bigamy of the citizen of the
United States that the alien intended to marry; and
(dd) who has resided with the alien's spouse or intended
spouse.
(iv) An alien who is the child of a citizen of the United States,
or who was a child of a United States citizen parent who within the
past 2 years lost or renounced citizenship status related to an
incident of domestic violence, and who is a person of good moral
character, who is eligible to be classified as an immediate
relative under section 1151(b)(2)(A)(i) of this title, and who
resides, or has resided in the past, with the citizen parent may
file a petition with the Attorney General under this subparagraph
for classification of the alien (and any child of the alien) under
such section if the alien demonstrates to the Attorney General that
the alien has been battered by or has been the subject of extreme
cruelty perpetrated by the alien's citizen parent. For purposes of
this clause, residence includes any period of visitation.
(v) An alien who -
(I) is the spouse, intended spouse, or child living abroad of a
citizen who -
(aa) is an employee of the United States Government;
(bb) is a member of the uniformed services (as defined in
section 101(a) of title 10); or
(cc) has subjected the alien or the alien's child to battery
or extreme cruelty in the United States; and
(II) is eligible to file a petition under clause (iii) or (iv),
shall file such petition with the Attorney General under the
procedures that apply to self-petitioners under clause (iii) or
(iv), as applicable.
(vi) For the purposes of any petition filed under clause (iii) or
(iv), the denaturalization, loss or renunciation of citizenship,
death of the abuser, divorce, or changes to the abuser's
citizenship status after filing of the petition shall not adversely
affect the approval of the petition, and for approved petitions
shall not preclude the classification of the eligible
self-petitioning spouse or child as an immediate relative or affect
the alien's ability to adjust status under subsections (a) and (c)
of section 1255 of this title or obtain status as a lawful
permanent resident based on the approved self-petition under such
clauses.
(B)(i) Any alien lawfully admitted for permanent residence
claiming that an alien is entitled to a classification by reason of
the relationship described in section 1153(a)(2) of this title may
file a petition with the Attorney General for such classification.
(ii)(I) An alien who is described in subclause (II) may file a
petition with the Attorney General under this clause for
classification of the alien (and any child of the alien) if such a
child has not been classified under clause (iii) of section
1153(a)(2)(A) of this title and if the alien demonstrates to the
Attorney General that -
(aa) the marriage or the intent to marry the lawful permanent
resident was entered into in good faith by the alien; and
(bb) during the marriage or relationship intended by the alien
to be legally a marriage, the alien or a child of the alien has
been battered or has been the subject of extreme cruelty
perpetrated by the alien's spouse or intended spouse.
(II) For purposes of subclause (I), an alien described in this
paragraph is an alien -
(aa)(AA) who is the spouse of a lawful permanent resident of
the United States; or
(BB) who believed that he or she had married a lawful permanent
resident of the United States and with whom a marriage ceremony
was actually performed and who otherwise meets any applicable
requirements under this chapter to establish the existence of and
bona fides of a marriage, but whose marriage is not legitimate
solely because of the bigamy of such lawful permanent resident of
the United States; or
(CC) who was a bona fide spouse of a lawful permanent resident
within the past 2 years and -
(aaa) whose spouse lost status within the past 2 years due to
an incident of domestic violence; or
(bbb) who demonstrates a connection between the legal
termination of the marriage within the past 2 years and
battering or extreme cruelty by the lawful permanent resident
spouse;
(bb) who is a person of good moral character;
(cc) who is eligible to be classified as a spouse of an alien
lawfully admitted for permanent residence under section
1153(a)(2)(A) of this title or who would have been so classified
but for the bigamy of the lawful permanent resident of the United
States that the alien intended to marry; and
(dd) who has resided with the alien's spouse or intended
spouse.
(iii) An alien who is the child of an alien lawfully admitted for
permanent residence, or who was the child of a lawful permanent
resident who within the past 2 years lost lawful permanent resident
status due to an incident of domestic violence, and who is a person
of good moral character, who is eligible for classification under
section 1153(a)(2)(A) of this title, and who resides, or has
resided in the past, with the alien's permanent resident alien
parent may file a petition with the Attorney General under this
subparagraph for classification of the alien (and any child of the
alien) under such section if the alien demonstrates to the Attorney
General that the alien has been battered by or has been the subject
of extreme cruelty perpetrated by the alien's permanent resident
parent.
(iv) An alien who -
(I) is the spouse, intended spouse, or child living abroad of a
lawful permanent resident who -
(aa) is an employee of the United States Government;
(bb) is a member of the uniformed services (as defined in
section 101(a) of title 10); or
(cc) has subjected the alien or the alien's child to battery
or extreme cruelty in the United States; and
(II) is eligible to file a petition under clause (ii) or (iii),
shall file such petition with the Attorney General under the
procedures that apply to self-petitioners under clause (ii) or
(iii), as applicable.
(v)(I) For the purposes of any petition filed or approved under
clause (ii) or (iii), divorce, or the loss of lawful permanent
resident status by a spouse or parent after the filing of a
petition under that clause shall not adversely affect approval of
the petition, and, for an approved petition, shall not affect the
alien's ability to adjust status under subsections (a) and (c) of
section 1255 of this title or obtain status as a lawful permanent
resident based on an approved self-petition under clause (ii) or
(iii).
(II) Upon the lawful permanent resident spouse or parent becoming
or establishing the existence of United States citizenship through
naturalization, acquisition of citizenship, or other means, any
petition filed with the Immigration and Naturalization Service and
pending or approved under clause (ii) or (iii) on behalf of an
alien who has been battered or subjected to extreme cruelty shall
be deemed reclassified as a petition filed under subparagraph (A)
even if the acquisition of citizenship occurs after divorce or
termination of parental rights.
(C) Notwithstanding section 1101(f) of this title, an act or
conviction that is waivable with respect to the petitioner for
purposes of a determination of the petitioner's admissibility under
section 1182(a) of this title or deportability under section
1227(a) of this title shall not bar the Attorney General from
finding the petitioner to be of good moral character under
subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) if the
Attorney General finds that the act or conviction was connected to
the alien's having been battered or subjected to extreme cruelty.
(D)(i)(I) Any child who attains 21 years of age who has filed a
petition under clause (iv) of subsection (a)(1)(A) of this section
that was filed or approved before the date on which the child
attained 21 years of age shall be considered (if the child has not
been admitted or approved for lawful permanent residence by the
date the child attained 21 years of age) a petitioner for
preference status under paragraph (1), (2), or (3) of section
1153(a) of this title, whichever paragraph is applicable, with the
same priority date assigned to the self-petition filed under clause
(iv) of subsection (a)(1)(A) of this section. No new petition shall
be required to be filed.
(II) Any individual described in subclause (I) is eligible for
deferred action and work authorization.
(III) Any derivative child who attains 21 years of age who is
included in a petition described in clause (ii) that was filed or
approved before the date on which the child attained 21 years of
age shall be considered (if the child has not been admitted or
approved for lawful permanent residence by the date the child
attained 21 years of age) a petitioner for preference status under
paragraph (1), (2), or (3) of section 1153(a) of this title,
whichever paragraph is applicable, with the same priority date as
that assigned to the petitioner in any petition described in clause
(ii). No new petition shall be required to be filed.
(IV) Any individual described in subclause (III) and any
derivative child of a petition described in clause (ii) is eligible
for deferred action and work authorization.
(ii) The petition referred to in clause (i)(III) is a petition
filed by an alien under subparagraph (A)(iii), (A)(iv), (B)(ii) or
(B)(iii) in which the child is included as a derivative
beneficiary.
(iii) Nothing in the amendments made by the Child Status
Protection Act shall be construed to limit or deny any right or
benefit provided under this subparagraph.
(E) Any alien desiring to be classified under section
1153(b)(1)(A) of this title, or any person on behalf of such an
alien, may file a petition with the Attorney General for such
classification.
(F) Any employer desiring and intending to employ within the
United States an alien entitled to classification under section
1153(b)(1)(B), 1153(b)(1)(C), 1153(b)(2), or 1153(b)(3) of this
title may file a petition with the Attorney General for such
classification.
(G)(i) Any alien (other than a special immigrant under section
1101(a)(27)(D) of this title) desiring to be classified under
section 1153(b)(4) of this title, or any person on behalf of such
an alien, may file a petition with the Attorney General for such
classification.
(ii) Aliens claiming status as a special immigrant under section
1101(a)(27)(D) of this title may file a petition only with the
Secretary of State and only after notification by the Secretary
that such status has been recommended and approved pursuant to such
section.
(H) Any alien desiring to be classified under section 1153(b)(5)
of this title may file a petition with the Attorney General for
such classification.
(I)(i) Any alien desiring to be provided an immigrant visa under
section 1153(c) of this title may file a petition at the place and
time determined by the Secretary of State by regulation. Only one
such petition may be filed by an alien with respect to any
petitioning period established. If more than one petition is
submitted all such petitions submitted for such period by the alien
shall be voided.
(ii)(I) The Secretary of State shall designate a period for the
filing of petitions with respect to visas which may be issued under
section 1153(c) of this title for the fiscal year beginning after
the end of the period.
(II) Aliens who qualify, through random selection, for a visa
under section 1153(c) of this title shall remain eligible to
receive such visa only through the end of the specific fiscal year
for which they were selected.
(III) The Secretary of State shall prescribe such regulations as
may be necessary to carry out this clause.
(iii) A petition under this subparagraph shall be in such form as
the Secretary of State may by regulation prescribe and shall
contain such information and be supported by such documentary
evidence as the Secretary of State may require.
(J) In acting on petitions filed under clause (iii) or (iv) of
subparagraph (A) or clause (ii) or (iii) of subparagraph (B), or in
making determinations under subparagraphs (C) and (D), the Attorney
General shall consider any credible evidence relevant to the
petition. The determination of what evidence is credible and the
weight to be given that evidence shall be within the sole
discretion of the Attorney General.
(2)(A) The Attorney General may not approve a spousal second
preference petition for the classification of the spouse of an
alien if the alien, by virtue of a prior marriage, has been
accorded the status of an alien lawfully admitted for permanent
residence as the spouse of a citizen of the United States or as the
spouse of an alien lawfully admitted for permanent residence,
unless -
(i) a period of 5 years has elapsed after the date the alien
acquired the status of an alien lawfully admitted for permanent
residence, or
(ii) the alien establishes to the satisfaction of the Attorney
General by clear and convincing evidence that the prior marriage
(on the basis of which the alien obtained the status of an alien
lawfully admitted for permanent residence) was not entered into
for the purpose of evading any provision of the immigration laws.
In this subparagraph, the term "spousal second preference petition"
refers to a petition, seeking preference status under section
1153(a)(2) of this title, for an alien as a spouse of an alien
lawfully admitted for permanent residence.
(B) Subparagraph (A) shall not apply to a petition filed for the
classification of the spouse of an alien if the prior marriage of
the alien was terminated by the death of his or her spouse.
(b) Investigation; consultation; approval; authorization to grant
preference status
After an investigation of the facts in each case, and after
consultation with the Secretary of Labor with respect to petitions
to accord a status under section 1153(b)(2) or 1153(b)(3) of this
title, the Attorney General shall, if he determines that the facts
stated in the petition are true and that the alien in behalf of
whom the petition is made is an immediate relative specified in
section 1151(b) of this title, or is eligible for preference under
subsection (a) or (b) of section 1153 of this title, approve the
petition and forward one copy thereof to the Department of State.
The Secretary of State shall then authorize the consular officer
concerned to grant the preference status.
(c) Limitation on orphan petitions approved for a single
petitioner; prohibition against approval in cases of marriages
entered into in order to evade immigration laws; restriction on
future entry of aliens involved with marriage fraud
Notwithstanding the provisions of subsection (b) of this section
no petition shall be approved if (1) the alien has previously been
accorded, or has sought to be accorded, an immediate relative or
preference status as the spouse of a citizen of the United States
or the spouse of an alien lawfully admitted for permanent
residence, by reason of a marriage determined by the Attorney
General to have been entered into for the purpose of evading the
immigration laws, or (2) the Attorney General has determined that
the alien has attempted or conspired to enter into a marriage for
the purpose of evading the immigration laws.
(d) Recommendation of valid home-study
Notwithstanding the provisions of subsections (a) and (b) of this
section no petition may be approved on behalf of a child defined in
section 1101(b)(1)(F) of this title unless a valid home-study has
been favorably recommended by an agency of the State of the child's
proposed residence, or by an agency authorized by that State to
conduct such a study, or, in the case of a child adopted abroad, by
an appropriate public or private adoption agency which is licensed
in the United States.
(e) Subsequent finding of non-entitlement to preference
classification
Nothing in this section shall be construed to entitle an
immigrant, in behalf of whom a petition under this section is
approved, to be admitted (!1) the United States as an immigrant
under subsection (a), (b), or (c) of section 1153 of this title or
as an immediate relative under section 1151(b) of this title if
upon his arrival at a port of entry in the United States he is
found not to be entitled to such classification.
(f) Preferential treatment for children fathered by United States
citizens and born in Korea, Vietnam, Laos, Kampuchea, or Thailand
after 1950 and before October 22, 1982
(1) Any alien claiming to be an alien described in paragraph
(2)(A) of this subsection (or any person on behalf of such an
alien) may file a petition with the Attorney General for
classification under section 1151(b), 1153(a)(1), or 1153(a)(3) of
this title, as appropriate. After an investigation of the facts of
each case the Attorney General shall, if the conditions described
in paragraph (2) are met, approve the petition and forward one copy
to the Secretary of State.
(2) The Attorney General may approve a petition for an alien
under paragraph (1) if -
(A) he has reason to believe that the alien (i) was born in
Korea, Vietnam, Laos, Kampuchea, or Thailand after 1950 and
before October 22, 1982, and (ii) was fathered by a United States
citizen;
(B) he has received an acceptable guarantee of legal custody
and financial responsibility described in paragraph (4); and
(C) in the case of an alien under eighteen years of age, (i)
the alien's placement with a sponsor in the United States has
been arranged by an appropriate public, private, or State child
welfare agency licensed in the United States and actively
involved in the intercountry placement of children and (ii) the
alien's mother or guardian has in writing irrevocably released
the alien for emigration.
(3) In considering petitions filed under paragraph (1), the
Attorney General shall -
(A) consult with appropriate governmental officials and
officials of private voluntary organizations in the country of
the alien's birth in order to make the determinations described
in subparagraphs (A) and (C)(ii) of paragraph (2); and
(B) consider the physical appearance of the alien and any
evidence provided by the petitioner, including birth and
baptismal certificates, local civil records, photographs of, and
letters or proof of financial support from, a putative father who
is a citizen of the United States, and the testimony of
witnesses, to the extent it is relevant or probative.
(4)(A) A guarantee of legal custody and financial responsibility
for an alien described in paragraph (2) must -
(i) be signed in the presence of an immigration officer or
consular officer by an individual (hereinafter in this paragraph
referred to as the "sponsor") who is twenty-one years of age or
older, is of good moral character, and is a citizen of the United
States or alien lawfully admitted for permanent residence, and
(ii) provide that the sponsor agrees (I) in the case of an
alien under eighteen years of age, to assume legal custody for
the alien after the alien's departure to the United States and
until the alien becomes eighteen years of age, in accordance with
the laws of the State where the alien and the sponsor will
reside, and (II) to furnish, during the five-year period
beginning on the date of the alien's acquiring the status of an
alien lawfully admitted for permanent residence, or during the
period beginning on the date of the alien's acquiring the status
of an alien lawfully admitted for permanent residence and ending
on the date on which the alien becomes twenty-one years of age,
whichever period is longer, such financial support as is
necessary to maintain the family in the United States of which
the alien is a member at a level equal to at least 125 per centum
of the current official poverty line (as established by the
Director of the Office of Management and Budget, under section
9902(2) of title 42 and as revised by the Secretary of Health and
Human Services under the second and third sentences of such
section) for a family of the same size as the size of the alien's
family.
(B) A guarantee of legal custody and financial responsibility
described in subparagraph (A) may be enforced with respect to an
alien against his sponsor in a civil suit brought by the Attorney
General in the United States district court for the district in
which the sponsor resides, except that a sponsor or his estate
shall not be liable under such a guarantee if the sponsor dies or
is adjudicated a bankrupt under title 11.
(g) Restriction on petitions based on marriages entered while in
exclusion or deportation proceedings
Notwithstanding subsection (a) of this section, except as
provided in section 1255(e)(3) of this title, a petition may not be
approved to grant an alien immediate relative status or preference
status by reason of a marriage which was entered into during the
period described in section 1255(e)(2) of this title, until the
alien has resided outside the United States for a 2-year period
beginning after the date of the marriage.
(h) Survival of rights to petition
The legal termination of a marriage may not be the sole basis for
revocation under section 1155 of this title of a petition filed
under subsection (a)(1)(A)(iii) of this section or a petition filed
under subsection (a)(1)(B)(ii) of this section pursuant to
conditions described in subsection (a)(1)(A)(iii)(I) of this
section. Remarriage of an alien whose petition was approved under
subsection (a)(1)(B)(ii) or (a)(1)(A)(iii) of this section or
marriage of an alien described in clause (iv) or (vi) of subsection
(a)(1)(A) of this section or in subsection (a)(1)(B)(iii) of this
section shall not be the basis for revocation of a petition
approval under section 1155 of this title.
(i) Professional athletes
(1) In general
A petition under subsection (a)(4)(D) (!2) of this section for
classification of a professional athlete shall remain valid for
the athlete after the athlete changes employers, if the new
employer is a team in the same sport as the team which was the
employer who filed the petition.
(2) "Professional athlete" defined
For purposes of paragraph (1), the term "professional athlete"
means an individual who is employed as an athlete by -
(A) a team that is a member of an association of 6 or more
professional sports teams whose total combined revenues exceed
$10,000,000 per year, if the association governs the conduct of
its members and regulates the contests and exhibitions in which
its member teams regularly engage; or
(B) any minor league team that is affiliated with such an
association.
(j) Job flexibility for long delayed applicants for adjustment of
status to permanent residence
A petition under subsection (a)(1)(D) of this section for an
individual whose application for adjustment of status pursuant to
section 1255 of this title has been filed and remained
unadjudicated for 180 days or more shall remain valid with respect
to a new job if the individual changes jobs or employers if the new
job is in the same or a similar occupational classification as the
job for which the petition was filed.
(k) Procedures for unmarried sons and daughters of citizens
(1) In general
Except as provided in paragraph (2), in the case of a petition
under this section initially filed for an alien unmarried son or
daughter's classification as a family-sponsored immigrant under
section 1153(a)(2)(B) of this title, based on a parent of the son
or daughter being an alien lawfully admitted for permanent
residence, if such parent subsequently becomes a naturalized
citizen of the United States, such petition shall be converted to
a petition to classify the unmarried son or daughter as a
family-sponsored immigrant under section 1153(a)(1) of this
title.
(2) Exception
Paragraph (1) does not apply if the son or daughter files with
the Attorney General a written statement that he or she elects
not to have such conversion occur (or if it has occurred, to have
such conversion revoked). Where such an election has been made,
any determination with respect to the son or daughter's
eligibility for admission as a family-sponsored immigrant shall
be made as if such naturalization had not taken place.
(3) Priority date
Regardless of whether a petition is converted under this
subsection or not, if an unmarried son or daughter described in
this subsection was assigned a priority date with respect to such
petition before such naturalization, he or she may maintain that
priority date.
(4) Clarification
This subsection shall apply to a petition if it is properly
filed, regardless of whether it was approved or not before such
naturalization.

AMENDMENT OF SUBSECTION (D)
Pub. L. 106-279, title III, Secs. 302(b), 505(a)(2), (b), Oct. 6,
2000, 114 Stat. 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 (d) of this section is amended by striking "(d)"
and inserting "(d)(1)", by striking "section 1101(b)(1)(F)" and
inserting "subparagraph (F) or (G) of section 1101(b)(1)", and by
adding at the end the following new paragraph:
(2) Notwithstanding the provisions of subsections (a) and (b) of
this section, no petition may be approved on behalf of a child
defined in section 1101(b)(1)(G) of this title unless the Secretary
of State has certified that the central authority of the child's
country of origin has notified the United States central authority
under the convention referred to in such section 1101(b)(1)(G) of
this title that a United States citizen habitually resident in the
United States has effected final adoption of the child, or has been
granted custody of the child for the purpose of emigration and
adoption, in accordance with such convention and the Intercountry
Adoption Act of 2000 [42 U.S.C. 14901 et seq.].

AMENDMENTS
2002 - Subsec. (a)(1)(D)(iii). Pub. L. 107-208, Sec. 7, added cl.
(iii).
Subsec. (k). Pub. L. 107-208, Sec. 6, added subsec. (k).
2000 - Subsec. (a)(1)(A)(iii). Pub. L. 106-386, Sec.
1503(b)(1)(A), amended cl. (iii) generally. Prior to amendment, cl.
(iii) read as follows: "An alien who is the spouse of a citizen of
the United States, who is a person of good moral character, who is
eligible to be classified as an immediate relative under section
1151(b)(2)(A)(i) of this title, and who has resided in the United
States with the alien's spouse may file a petition with the
Attorney General under this subparagraph for classification of the
alien (and any child of the alien if such a child has not been
classified under clause (iv)) under such section if the alien
demonstrates to the Attorney General that -
"(I) the alien is residing in the United States, the marriage
between the alien and the spouse was entered into in good faith
by the alien, and during the marriage the alien or a child of the
alien has been battered by or has been the subject of extreme
cruelty perpetrated by the alien's spouse; and
"(II) the alien is a person whose removal, in the opinion of
the Attorney General, would result in extreme hardship to the
alien or a child of the alien."
Subsec. (a)(1)(A)(iv). Pub. L. 106-386, Sec. 1503(b)(2), amended
cl. (iv) generally. Prior to amendment, cl. (iv) read as follows:
"An alien who is the child of a citizen of the United States, who
is a person of good moral character, who is eligible to be
classified as an immediate relative under section 1151(b)(2)(A)(i)
of this title, and who has resided in the United States with the
citizen parent may file a petition with the Attorney General under
this subparagraph for classification of the alien under such
section if the alien demonstrates to the Attorney General that -
"(I) the alien is residing in the United States and during the
period of residence with the citizen parent the alien has been
battered by or has been the subject of extreme cruelty
perpetrated by the alien's citizen parent; and
"(II) the alien is a person whose removal, in the opinion of
the Attorney General, would result in extreme hardship to the
alien."
Subsec. (a)(1)(A)(v). Pub. L. 106-386, Sec. 1503(b)(3), added cl.
(v).
Subsec. (a)(1)(A)(vi). Pub. L. 106-386, Sec. 1507(a)(1), added
cl. (vi).
Subsec. (a)(1)(B)(ii). Pub. L. 106-386, Sec. 1503(c)(1), amended
cl. (ii) generally. Prior to amendment, cl. (ii) read as follows:
"An alien who is the spouse of an alien lawfully admitted for
permanent residence, who is a person of good moral character, who
is eligible for classification under section 1153(a)(2)(A) of this
title, and who has resided in the United States with the alien's
legal permanent resident spouse may file a petition with the
Attorney General under this subparagraph for classification of the
alien (and any child of the alien if such a child has not been
classified under clause (iii)) under such section if the alien
demonstrates to the Attorney General that the conditions described
in subclauses (I) and (II) of subparagraph (A)(iii) are met with
respect to the alien."
Subsec. (a)(1)(B)(iii). Pub. L. 106-386, Sec. 1503(c)(2), amended
cl. (iii) generally. Prior to amendment, cl. (iii) read as follows:
"An alien who is the child of an alien lawfully admitted for
permanent residence, who is a person of good moral character, who
is eligible for classification under section 1153(a)(2)(A) of this
title, and who has resided in the United States with the alien's
permanent resident alien parent may file a petition with the
Attorney General under this subparagraph for classification of the
alien under such section if the alien demonstrates to the Attorney
General that -
"(I) the alien is residing in the United States and during the
period of residence with the permanent resident parent the alien
has been battered by or has been the subject of extreme cruelty
perpetrated by the alien's permanent resident parent; and
"(II) the alien is a person whose removal, in the opinion of
the Attorney General, would result in extreme hardship to the
alien."
Subsec. (a)(1)(B)(iv). Pub. L. 106-386, Sec. 1503(c)(3), added
cl. (iv).
Subsec. (a)(1)(B)(v). Pub. L. 106-386, Sec. 1507(a)(2), added cl.
(v).
Subsec. (a)(1)(C) to (I). Pub. L. 106-386, Sec. 1503(d)(1), (2),
added subpars. (C) and (D) and redesignated former subpars. (C) to
(G) as (E) to (I), respectively. Former subpar. (H) redesignated
(J).
Subsec. (a)(1)(J). Pub. L. 106-386, Sec. 1503(d)(1), (3),
redesignated subpar. (H) as (J) and inserted "or in making
determinations under subparagraphs (C) and (D)," after
"subparagraph (B),".
Subsec. (h). Pub. L. 106-386, Sec. 1507(b), inserted at end
"Remarriage of an alien whose petition was approved under
subsection (a)(1)(B)(ii) or (a)(1)(A)(iii) of this section or
marriage of an alien described in clause (iv) or (vi) of subsection
(a)(1)(A) of this section or in subsection (a)(1)(B)(iii) of this
section shall not be the basis for revocation of a petition
approval under section 1155 of this title."
Subsec. (j). Pub. L. 106-313 added subsec. (j).
1996 - Subsec. (a)(1)(A)(iii)(II), (iv)(II), (B)(iii)(II). Pub.
L. 104-208, Sec. 308(e)(1)(A), substituted "removal" for
"deportation".
Subsec. (e). Pub. L. 104-208, Sec. 308(f)(2)(A), substituted "be
admitted" for "enter".
Subsec. (i). Pub. L. 104-208, Sec. 624(b), added subsec. (i).
1994 - Subsec. (a)(1). Pub. L. 103-322, Sec. 40701(a), in subpar.
(A), designated first sentence as cl. (i) and second sentence as
cl. (ii) and added cls. (iii) and (iv), in subpar. (B), designated
existing provisions as cl. (i) and added cls. (ii) and (iii), and
added subpar. (H).
Subsec. (a)(1)(A). Pub. L. 103-416 in second sentence inserted
"spouse" after "alien" and "of the alien (and the alien's
children)" after "for classification".
Subsec. (a)(2). Pub. L. 103-322, Sec. 40701(b)(1), in subpar.
(A), substituted "for the classification of the spouse of an alien
if the alien," for "filed by an alien who," in introductory
provisions and in subpar. (B), substituted "for the classification
of the spouse of an alien if the prior marriage of the alien" for
"by an alien whose prior marriage".
Subsec. (h). Pub. L. 103-322, Sec. 40701(c), added subsec. (h).
1991 - Subsec. (a)(1)(A). Pub. L. 102-232, Sec. 302(e)(4)(A),
inserted sentence at end authorizing filing of petitions by aliens
described in second sentence of section 1151(b)(2)(A)(i) of this
title.
Subsec. (a)(1)(F). Pub. L. 102-232, Sec. 302(e)(4)(B),
substituted "Attorney General" for "Secretary of State".
Subsec. (a)(1)(G)(iii). Pub. L. 102-232, Sec. 302(e)(4)(C),
struck out "or registration" after "petition".
Subsec. (e). Pub. L. 102-232, Sec. 302(e)(5), substituted "as an
immigrant" for "as a immigrant".
Subsec. (f)(4)(A)(ii)(II). Pub. L. 102-232, Sec. 309(b)(5),
substituted "the second and third sentences of such section" for
"section 9847 of title 42".
Subsec. (g). Pub. L. 102-232, Sec. 308(b), made technical
correction to directory language of Pub. L. 101-649, Sec. 702(b).
See 1990 Amendment note below.
1990 - Subsec. (a)(1). Pub. L. 101-649, Sec. 162(b)(1), added
par. (1) and struck out former par. (1) which read as follows: "Any
citizen of the United States claiming that an alien is entitled to
a preference status by reason of a relationship described in
paragraph (1), (4), or (5) of section 1153(a) of this title, or to
an immediate relative status under section 1151(b) of this title,
or any alien lawfully admitted for permanent residence claiming
that an alien is entitled to a preference status by reason of the
relationship described in section 1153(a)(2) of this title, or any
alien desiring to be classified as a preference immigrant under
section 1153(a)(3) of this title (or any person on behalf of such
an alien), or any person desiring and intending to employ within
the United States an alien entitled to classification as a
preference immigrant under section 1153(a)(6) of this title, may
file a petition with the Attorney General for such classification.
The petition shall be in such form as the Attorney General may by
regulations prescribe and shall contain such information and be
supported by such documentary evidence as the Attorney General may
require. The petition shall be made under oath administered by any
individual having authority to administer oaths, if executed in the
United States, but, if executed outside the United States,
administered by a consular officer or an immigration officer."
Subsec. (b). Pub. L. 101-649, Sec. 162(b)(2), substituted
reference to section 1153(b)(2) or 1153(b)(3) of this title for
reference to section 1153(a)(3) or (6) of this title, and reference
to preference under section 1153(a) or (b) of this title for
reference to a preference status under section 1153(a) of this
title.
Subsec. (e). Pub. L. 101-649, Sec. 162(b)(3), substituted
"immigrant under subsection (a), (b), or (c) of section 1153 of
this title" for "preference immigrant under section 1153(a) of this
title".
Subsec. (f). Pub. L. 101-649, Sec. 162(b)(5), (6), redesignated
subsec. (g) as (f) and struck out former subsec. (f) which related
to applicability of provisions to qualified immigrants specified in
section 1152(e) of this title.
Subsec. (f)(1). Pub. L. 101-649, Sec. 162(b)(4), substituted
reference to section 1153(a)(3) of this title for reference to
section 1153(a)(4) of this title.
Subsec. (g). Pub. L. 101-649, Sec. 702(b), as amended by Pub. L.
102-232, Sec. 308(b), inserted "except as provided in section
1255(e)(3) of this title," after "Notwithstanding subsection (a) of
this section,".
Pub. L. 101-649, Sec. 162(b)(6), redesignated subsec. (h) as (g).
Former subsec. (g) redesignated as (f).
Subsec. (h). Pub. L. 101-649, Sec. 162(b)(6), redesignated
subsec. (h) as (g).
1988 - Subsec. (c). Pub. L. 100-525, Sec. 9(g)(1), substituted
"an immediate relative" for "a nonquota".
Subsec. (g)(3)(A). Pub. L. 100-525, Sec. 9(g)(2), substituted
"(C)(ii) of paragraph (2)" for "(C)(i) of paragraph 2".
1986 - Subsec. (a). Pub. L. 99-639, Sec. 2(c), designated
existing provisions as par. (1) and added par. (2).
Subsec. (c). Pub. L. 99-639, Sec. 4(a), inserted "(1)" after "if"
and ", or has sought to be accorded," and added cl. (2).
Subsec. (h). Pub. L. 99-639, Sec. 5(b), added subsec. (h).
1982 - Subsec. (g). Pub. L. 97-359 added subsec. (g).
1981 - Subsec. (a). Pub. L. 97-116, Sec. 18(d), substituted "of a
relationship described in paragraph" for "of the relationships
described in paragraphs".
Subsec. (d). Pub. L. 97-116, Sec. 3, redesignated subsec. (e) as
(d). Former subsec. (d), directing that the Attorney General
forward to the Congress a Statistical summary of petitions for
immigrant status approved by him under section 1153(a)(3) or
1153(a)(6) of this title and that the reports be submitted to
Congress on the first and fifteenth day of each calendar month in
which Congress was in session, was struck out.
Subsecs. (e), (f). Pub. L. 97-116, Sec. 3, redesignated as
subsec. (e) the subsec. (f) relating to subsequent finding of
non-entitlement. See 1978 Amendment note below. Former subsec. (e)
redesignated (d).
1980 - Subsec. (d). Pub. L. 96-470 substituted provision
requiring the Attorney General to forward to Congress a statistical
summary of approved petitions for professional or occupational
preferences for provision requiring the Attorney General to forward
to Congress a report on each petition approved for professional or
occupational preference stating the basis for his approval and the
facts pertinent in establishing qualifications for preferential
status.
1978 - Subsec. (c). Pub. L. 95-417, Sec. 2, struck out "no more
than two petitions may be approved for one petitioner on behalf of
a child as defined in section 1101(b)(1)(E) or 1101(b)(1)(F) of
this title unless necessary to prevent the separation of brothers
and sisters and" after "subsection (b) of this section".
Subsecs. (e), (f). Pub. L. 95-417, Sec. 3, added subsec. (e) and
redesignated former subsec. (e), relating to subsequent finding of
non-entitlement, as subsec. (f) without regard to existing subsec.
(f), relating to provisions applicable to qualified immigrants,
added by Pub. L. 94-571.
1976 - Subsec. (f). Pub. L. 94-571 added subsec. (f).
1965 - Subsec. (a). Pub. L. 89-236 substituted provisions
spelling out the statutory grounds for filing a petition for
preference status and prescribing the authority of the Attorney
General to require documentary evidence in support and the form of
the petition, for provisions prohibiting consular officers from
granting preference status before being authorized to do so in
cases of applications based on membership in the ministry of a
religious denomination or high education, technical training, or
specialized experience which would be substantially beneficial to
the United States.
Subsec. (b). Pub. L. 89-236 substituted provisions authorizing
investigation of petitions by the Attorney General, consultation
with the Secretary of Labor, and authorization to consular
officers, for provisions specifying the form of application for
preference status on the basis of membership in the ministry of a
religious denomination or high education, technical training, or
specialized experience which would be substantially beneficial to
the United States and the circumstances making an application
appropriate.
Subsec. (c). Pub. L. 89-236 substituted provisions limiting the
number of orphan petitions which may be approved for one petitioner
and prohibiting approval of any petition of an alien whose prior
marriage was determined by the Attorney General to have been
entered into for the purpose of evading the immigration laws, for
provisions which related to investigation of facts by the Attorney
General and submission of reports to Congress covering the granting
of preferential status.
Subsec. (d). Pub. L. 89-236 substituted provisions requiring the
Attorney General to submit reports to Congress on each approved
petition for professional or occupational preference, for
provisions prohibiting a statutory construction of the section
which would entitle an immigrant to preferential classification if,
upon arrival at the port of entry, he was found not to be entitled
to such classification.
Subsec. (e). Pub. L. 89-236 added subsec. (e).
1962 - Subsec. (c). Pub. L. 87-885 provided for submission of
reports to Congress.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107-208 effective Aug. 6, 2002, and
applicable to certain beneficiary aliens, see section 8 of Pub. L.
107-208, set out as a note under section 1151 of this title.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106-279 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, see
section 505(a)(2), (b) of Pub. L. 106-279, set out as an Effective
Dates; Transition Rule note under section 14901 of Title 42, The
Public Health and Welfare.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by section 308(e)(1)(A), (f)(2)(A) of Pub. L. 104-208
effective, with certain transitional provisions, on the first day
of the first month beginning more than 180 days after Sept. 30,
1996, see section 309 of Pub. L. 104-208, set out as a note under
section 1101 of this title.
EFFECTIVE DATE OF 1994 AMENDMENTS
Amendment by Pub. L. 103-416 effective as if included in the
enactment of the Immigration Act of 1990, Pub. L. 101-649, see
section 219(dd) of Pub. L. 103-416, set out as a note under section
1101 of this title.
Amendment by Pub. L. 103-322 effective Jan. 1, 1995, see section
40701(d) of Pub. L. 103-322, set out as a note under section 1151
of this title.
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by sections 302(e)(4), (5) and 308(b) of Pub. L.
102-232 effective as if included in the enactment of the
Immigration Act of 1990, Pub. L. 101-649, see section 310(1) of
Pub. L. 102-232, set out as a note under section 1101 of this
title.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by section 162(b) of Pub. L. 101-649 effective Nov. 29,
1990, but only insofar as section 162(b) relates to visas for
fiscal years beginning with fiscal year 1992, with general
transition provisions, see section 161(b), (c) of Pub. L. 101-649,
set out as a note under section 1101 of this title.
Section 702(c) of Pub. L. 101-649 provided that: "The amendments
made by this section [amending sections 1154 and 1255 of this
title] shall apply to marriages entered into before, on, or after
the date of the enactment of this Act [Nov. 29, 1990]."
EFFECTIVE DATE OF 1986 AMENDMENT
Section 4(b) of Pub. L. 99-639 provided that: "The amendment made
by subsection (a) [amending this section] shall apply to petitions
filed on or after the date of the enactment of this Act [Nov. 10,
1986]."
Section 5(c) of Pub. L. 99-639 provided that: "The amendments
made by this section [amending this section and section 1255 of
this title] shall apply to marriages entered into on or after the
date of the enactment of this Act [Nov. 10, 1986]."
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section
21(a) of Pub. L. 97-116, set out as a note under section 1101 of
this title.
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94-571 effective on first day of first month
which begins more than sixty days after Oct. 20, 1976, see section
10 of Pub. L. 94-571, set out as a note under section 1101 of this
title.
EFFECTIVE DATE OF 1965 AMENDMENT
For effective date of amendment by Pub. L. 89-236, see section 20
of Pub. L. 89-236, set out as a note under section 1151 of this
title.

ALIEN SHEEPHERDERS
Act Sept. 3, 1954, ch. 1254, Secs. 1-3, 68 Stat. 1145, provided
for the importation of skilled alien sheepherders upon approval by
the Attorney General, certification to the Secretary of State by
the Attorney General of names and addresses of sheepherders whose
applications for importation were approved, and issuance of not
more than 385 special nonquota immigrant visas. Provisions of said
act expired on Sept. 3, 1955, by terms of section 1 thereof.

Last modified: June 14, 2006