Page 13 TITLE 8—ALIENS AND NATIONALITY CHAPTER 12—IMMIGRATION AND NATIONALITY

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Page 13 TITLE 8—ALIENS AND NATIONALITY
Section 1006, act Oct. 14, 1940, ch. 876, title III, §706, Sec.
as added Dec. 28, 1945, ch. 590, §1(c)(2), 59 Stat. 658, re- 1203. Reentry permit.
lated to time of service limitation. See section 1440 of 1204. Immediate relative and special immigrant
this title. visas.
1205. Repealed.
CHAPTER 12—IMMIGRATION AND
NATIONALITY PART IV—INSPECTION, APPREHENSION, EXAMINATION,
EXCLUSION, AND REMOVAL
SUBCHAPTER I—GENERAL PROVISIONS 1221. Lists of alien and citizen passengers arriving
Sec. and departing.
1101. Definitions. 1222. Detention of aliens for physical and mental
1102. Diplomatic and semidiplomatic immunities. examination.
1103. Powers and duties of the Secretary, the Under 1223. Entry through or from foreign territory and
Secretary, and the Attorney General. adjacent islands.
1104. Powers and duties of Secretary of State. 1224. Designation of ports of entry for aliens arriv-
1105. Liaison with internal security officers; data ing by aircraft.
exchange. 1225. Inspection by immigration officers; expedited
1105a. Employment authorization for battered removal of inadmissible arriving aliens; re-
spouses of certain nonimmigrants. ferral for hearing.
1106. Repealed. 1225a. Preinspection at foreign airports.
1107. Additional report. 1226. Apprehension and detention of aliens.
1226a. Mandatory detention of suspected terrorists;
SUBCHAPTER II—IMMIGRATION habeas corpus; judicial review.
1227. Deportable aliens.
PART I—SELECTION SYSTEM
1228. Expedited removal of aliens convicted of com-
1151. Worldwide level of immigration. mitting aggravated felonies.
1151a. Repealed. 1229. Initiation of removal proceedings.
1152. Numerical limitations on individual foreign 1229a. Removal proceedings.
states. 1229b. Cancellation of removal; adjustment of
1153. Allocation of immigrant visas. status.
1154. Procedure for granting immigrant status. 1229c. Voluntary departure.
1155. Revocation of approval of petitions; effective 1230. Records of admission.
date. 1231. Detention and removal of aliens ordered re-
1156. Unused immigrant visas. moved.
1157. Annual admission of refugees and admission 1232. Enhancing efforts to combat the trafficking
of emergency situation refugees. of children.
1158. Asylum.
1159. Adjustment of status of refugees. PART V—ADJUSTMENT AND CHANGE OF STATUS
1160. Special agricultural workers. 1251. Transferred.
1161. Repealed. 1251a. Repealed.
1252. Judicial review of orders of removal.
PART II—ADMISSION QUALIFICATIONS FOR ALIENS;
1252a, 1252b. Transferred or Repealed.
TRAVEL CONTROL OF CITIZENS AND ALIENS
1252c. Authorizing State and local law enforcement
1181. Admission of immigrants into the United officials to arrest and detain certain illegal
States. aliens.
1182. Inadmissible aliens. 1253. Penalties related to removal.
1182a to 1182c. Repealed. 1254. Repealed.
1182d. Denial of visas to confiscators of American 1254a. Temporary protected status.
property. 1254b. Collection of fees under temporary protected
1182e. Denial of entry into United States of foreign status program.
nationals engaged in establishment or en- 1255. Adjustment of status of nonimmigrant to
forcement of forced abortion or steriliza- that of person admitted for permanent resi-
tion policy. dence.
1182f. Denial of entry into United States of Chinese 1255a. Adjustment of status of certain entrants be-
and other nationals engaged in coerced fore January 1, 1982, to that of person ad-
organ or bodily tissue transplantation. mitted for lawful residence.
1183. Admission of aliens on giving bond or under- 1255b. Adjustment of status of certain nonimmi-
taking; return upon permanent departure. grants to that of persons admitted for per-
1183a. Requirements for sponsor’s affidavit of sup- manent residence.
port. 1256. Rescission of adjustment of status; effect
1184. Admission of nonimmigrants. upon naturalized citizen.
1184a. Philippine Traders as nonimmigrants. 1257. Adjustment of status of certain resident
1185. Travel control of citizens and aliens. aliens to nonimmigrant status; exceptions.
1186. Transferred. 1258. Change of nonimmigrant classification.
1186a. Conditional permanent resident status for 1259. Record of admission for permanent residence
certain alien spouses and sons and daugh- in the case of certain aliens who entered the
ters. United States prior to January 1, 1972.
1186b. Conditional permanent resident status for 1260. Removal of aliens falling into distress.
certain alien entrepreneurs, spouses, and
children. PART VI—SPECIAL PROVISIONS RELATING TO ALIEN
1187. Visa waiver program for certain visitors. CREWMEN
1188. Admission of temporary H–2A workers. 1281. Alien crewmen.
1189. Designation of foreign terrorist organiza- 1282. Conditional permits to land temporarily.
tions. 1283. Hospital treatment of alien crewmen afflicted
with certain diseases.
PART III—ISSUANCE OF ENTRY DOCUMENTS 1284. Control of alien crewmen.
1201. Issuance of visas. 1285. Employment on passenger vessels of aliens af-
1201a. Repealed. flicted with certain disabilities.
1202. Application for visas. 1286. Discharge of alien crewmen; penalties.
TITLE 8—ALIENS AND NATIONALITY Page 14
Sec. Sec.
1287. Alien crewmen brought into the United 1369. Treatment of expenses subject to emergency
States with intent to evade immigration medical services exception.
laws; penalties. 1370. Reimbursement of States and localities for
1288. Limitations on performance of longshore emergency ambulance services.
work by alien crewmen. 1371. Reports.
1372. Program to collect information relating to
PART VII—REGISTRATION OF ALIENS nonimmigrant foreign students and other
1301. Alien seeking entry; contents. exchange program participants.
1302. Registration of aliens. 1373. Communication between government agen-
1303. Registration of special groups. cies and the Immigration and Naturaliza-
1304. Forms for registration and fingerprinting. tion Service.
1305. Notices of change of address. 1374. Information regarding female genital mutila-
1306. Penalties. tion.
1375. Repealed.
PART VIII—GENERAL PENALTY PROVISIONS 1375a. Domestic violence information and resources
1321. Prevention of unauthorized landing of aliens. for immigrants and regulation of inter-
1322. Bringing in aliens subject to denial of admis- national marriage brokers.
sion on a health-related ground; persons lia- 1375b. Protections for domestic workers and other
ble; clearance papers; exceptions; ‘‘person’’ nonimmigrants.
defined. 1375c. Protections, remedies, and limitations on is-
1323. Unlawful bringing of aliens into United suance for A–3 and G–5 visas.
1376. Data on nonimmigrant overstay rates.
States.
1377. Collection of data on detained asylum seek-
1324. Bringing in and harboring certain aliens.
ers.
1324a. Unlawful employment of aliens.
1378. Collection of data on other detained aliens.
1324b. Unfair immigration-related employment
1379. Technology standard to confirm identity.
practices.
1380. Maintenance of statistics by the Department
1324c. Penalties for document fraud.
of Homeland Security.
1324d. Civil penalties for failure to depart.
1381. Secretary of Labor report.
1325. Improper entry by alien.
1326. Reentry of removed aliens. SUBCHAPTER III—NATIONALITY AND
1327. Aiding or assisting certain aliens to enter. NATURALIZATION
1328. Importation of alien for immoral purpose. PART I—NATIONALITY AT BIRTH AND COLLECTIVE
1329. Jurisdiction of district courts. NATURALIZATION
1330. Collection of penalties and expenses.
1401. Nationals and citizens of United States at
PART IX—MISCELLANEOUS birth.
1351. Nonimmigrant visa fees. 1401a. Birth abroad before 1952 to service parent.
1352. Printing of reentry permits and blank forms 1401b. Repealed.
1402. Persons born in Puerto Rico on or after April
of manifest and crew lists; sale to public.
11, 1899.
1353. Travel expenses and expense of transporting
1403. Persons born in the Canal Zone or Republic of
remains of officers and employees dying
Panama on or after February 26, 1904.
outside of United States.
1404. Persons born in Alaska on or after March 30,
1353a. Officers and employees; overtime services;
1867.
extra compensation; length of working day.
1405. Persons born in Hawaii.
1353b. Extra compensation; payment.
1406. Persons living in and born in the Virgin Is-
1353c. Immigration officials; service in foreign con-
lands.
tiguous territory.
1407. Persons living in and born in Guam.
1353d. Disposition of money received as extra com- 1408. Nationals but not citizens of the United
pensation. States at birth.
1354. Applicability to members of the Armed 1409. Children born out of wedlock.
Forces.
1355. Disposal of privileges at immigrant stations; PART II—NATIONALITY THROUGH NATURALIZATION
rentals; retail sale; disposition of receipts. 1421. Naturalization authority.
1356. Disposition of moneys collected under the 1422. Eligibility for naturalization.
provisions of this subchapter. 1423. Requirements as to understanding the
1357. Powers of immigration officers and employ- English language, history, principles and
ees. form of government of the United States.
1358. Local jurisdiction over immigrant stations. 1424. Prohibition upon the naturalization of per-
1359. Application to American Indians born in Can- sons opposed to government or law, or who
ada. favor totalitarian forms of government.
1360. Establishment of central file; information 1425. Ineligibility to naturalization of deserters
from other departments and agencies. from the Armed Forces.
1361. Burden of proof upon alien. 1426. Citizenship denied alien relieved of service in
1362. Right to counsel. Armed Forces because of alienage.
1363. Deposit of and interest on cash received to se- 1427. Requirements of naturalization.
cure immigration bonds. 1428. Temporary absence of persons performing re-
1363a. Undercover investigation authority. ligious duties.
1363b. Repealed 1429. Prerequisite to naturalization; burden of
1364. Triennial comprehensive report on immigra- proof.
tion. 1430. Married persons and employees of certain
1365. Reimbursement of States for costs of incar- nonprofit organizations.
cerating illegal aliens and certain Cuban 1431. Children born outside the United States and
nationals. residing permanently in the United States;
1365a. Integrated entry and exit data system. conditions under which citizenship auto-
1365b. Biometric entry and exit data system. matically acquired.
1366. Annual report on criminal aliens. 1432. Repealed.
1367. Penalties for disclosure of information. 1433. Children born and residing outside the United
1368. Increase in INS detention facilities; report on States; conditions for acquiring certificate
detention space. of citizenship.
Page 15 TITLE 8—ALIENS AND NATIONALITY §1101
Sec. Sec.
1434. Repealed. PART IV—MISCELLANEOUS
1435. Former citizens regaining citizenship.
1501. Certificate of diplomatic or consular officer
1436. Nationals but not citizens; residence within
of United States as to loss of American na-
outlying possessions.
tionality.
1437. Resident Philippine citizens excepted from
1502. Certificate of nationality issued by Secretary
certain requirements.
of State for person not a naturalized citizen
1438. Former citizens losing citizenship by entering
of United States for use in proceedings of a
armed forces of foreign countries during
foreign state.
World War II.
1503. Denial of rights and privileges as national.
1439. Naturalization through service in the armed
1504. Cancellation of United States passports and
forces.
Consular Reports of Birth.
1440. Naturalization through active-duty service in
the Armed Forces during World War I, SUBCHAPTER IV—REFUGEE ASSISTANCE
World War II, Korean hostilities, Vietnam 1521. Office of Refugee Resettlement; establish-
hostilities, or other periods of military hos- ment; appointment of Director; functions.
tilities. 1522. Authorization for programs for domestic re-
1440–1. Posthumous citizenship through death while settlement of and assistance to refugees.
on active-duty service in armed forces dur- 1523. Congressional reports.
ing World War I, World War II, the Korean 1524. Authorization of appropriations.
hostilities, the Vietnam hostilities, or in 1525. Repealed.
other periods of military hostilities.
SUBCHAPTER V—ALIEN TERRORIST REMOVAL
1440a to 1440d. Omitted.
PROCEDURES
1440e. Exemption from naturalization fees for aliens
naturalized through service during Vietnam 1531. Definitions.
hostilities or other subsequent period of 1532. Establishment of removal court.
military hostilities; report by clerks of 1533. Removal court procedure.
courts to Attorney General. 1534. Removal hearing.
1440f. Fingerprints and other biometric information 1535. Appeals.
for members of the United States Armed 1536. Custody and release pending removal hearing.
Forces. 1537. Custody and release after removal hearing.
1440g. Provision of information on military natu-
SUBCHAPTER I—GENERAL PROVISIONS
ralization.
1441. Constructive residence through service on §1101. Definitions
certain United States vessels.
1442. Alien enemies. (a) As used in this chapter—
1443. Administration. (1) The term ‘‘administrator’’ means the offi-
1443a. Naturalization proceedings overseas for mem- cial designated by the Secretary of State pursu-
bers of the Armed Forces and their spouses ant to section 1104(b) of this title.
and children.
(2) The term ‘‘advocates’’ includes, but is not
1444. Photographs; number.
limited to, advises, recommends, furthers by
1445. Application for naturalization; declaration of
intention. overt act, and admits belief in.
1446. Investigation of applicants; examination of (3) The term ‘‘alien’’ means any person not a
applications. citizen or national of the United States.
1447. Hearings on denials of applications for natu- (4) The term ‘‘application for admission’’ has
ralization. reference to the application for admission into
1448. Oath of renunciation and allegiance. the United States and not to the application for
1448a. Address to newly naturalized citizens.
the issuance of an immigrant or nonimmigrant
1449. Certificate of naturalization; contents.
visa.
1450. Functions and duties of clerks and records of
declarations of intention and applications (5) The term ‘‘Attorney General’’ means the
for naturalization. Attorney General of the United States.
1451. Revocation of naturalization. (6) The term ‘‘border crossing identification
1452. Certificates of citizenship or U.S. non-citizen card’’ means a document of identity bearing
national status; procedure. that designation issued to an alien who is law-
1453. Cancellation of certificates issued by Attor- fully admitted for permanent residence, or to an
ney General, the Commissioner or a Deputy
alien who is a resident in foreign contiguous ter-
Commissioner; action not to affect citizen-
ritory, by a consular officer or an immigration
ship status.
1454. Documents and copies issued by Attorney officer for the purpose of crossing over the bor-
General. ders between the United States and foreign con-
1455. Fiscal provisions. tiguous territory in accordance with such condi-
1456. Repealed. tions for its issuance and use as may be pre-
1457. Publication and distribution of citizenship scribed by regulations. Such regulations shall
textbooks; use of naturalization fees.
provide that (A) each such document include a
1458. Compilation of naturalization statistics and
biometric identifier (such as the fingerprint or
payment for equipment.
1459. Repealed. handprint of the alien) that is machine readable
and (B) an alien presenting a border crossing
PART III—LOSS OF NATIONALITY identification card is not permitted to cross
1481. Loss of nationality by native-born or natural- over the border into the United States unless
ized citizen; voluntary action; burden of the biometric identifier contained on the card
proof; presumptions. matches the appropriate biometric characteris-
1482. Repealed.
tic of the alien.
1483. Restrictions on loss of nationality.
(7) The term ‘‘clerk of court’’ means a clerk of
1484 to 1487. Repealed.
1488. Nationality lost solely from performance of a naturalization court.
acts or fulfillment of conditions. (8) The terms ‘‘Commissioner’’ and ‘‘Deputy
1489. Application of treaties; exceptions. Commissioner’’ mean the Commissioner of Im-
§1101 TITLE 8—ALIENS AND NATIONALITY Page 16
migration and Naturalization and a Deputy by a foreign government recognized de jure by
Commissioner of Immigration and Naturaliza- the United States, who are accepted by the
tion, respectively. Secretary of State, and the members of their
(9) The term ‘‘consular officer’’ means any immediate families; and
consular, diplomatic, or other officer or em- (iii) upon a basis of reciprocity, attendants,
ployee of the United States designated under servants, personal employees, and members of
regulations prescribed under authority con- their immediate families, of the officials and
tained in this chapter, for the purpose of issuing employees who have a nonimmigrant status
immigrant or nonimmigrant visas or, when used under (i) and (ii) above;
in subchapter III, for the purpose of adjudicating (B) an alien (other than one coming for the
nationality. purpose of study or of performing skilled or
(10) The term ‘‘crewman’’ means a person serv- unskilled labor or as a representative of for-
ing in any capacity on board a vessel or aircraft. eign press, radio, film, or other foreign infor-
(11) The term ‘‘diplomatic visa’’ means a non- mation media coming to engage in such voca-
immigrant visa bearing that title and issued to tion) having a residence in a foreign country
a nonimmigrant in accordance with such regula- which he has no intention of abandoning and
tions as the Secretary of State may prescribe. who is visiting the United States temporarily
(12) The term ‘‘doctrine’’ includes, but is not for business or temporarily for pleasure;
limited to, policies, practices, purposes, aims, or (C) an alien in immediate and continuous
procedures. transit through the United States, or an alien
(13)(A) The terms ‘‘admission’’ and ‘‘admitted’’ who qualifies as a person entitled to pass in
mean, with respect to an alien, the lawful entry transit to and from the United Nations Head-
of the alien into the United States after inspec- quarters District and foreign countries, under
tion and authorization by an immigration offi- the provisions of paragraphs (3), (4), and (5) of
cer. section 11 of the Headquarters Agreement with
(B) An alien who is paroled under section the United Nations (61 Stat. 758);
1182(d)(5) of this title or permitted to land tem- (D)(i) an alien crewman serving in good faith
porarily as an alien crewman shall not be con- as such in a capacity required for normal oper-
sidered to have been admitted. ation and service on board a vessel, as defined
(C) An alien lawfully admitted for permanent in section 1288(a) of this title (other than a
residence in the United States shall not be re- fishing vessel having its home port or an oper-
garded as seeking an admission into the United ating base in the United States), or aircraft,
States for purposes of the immigration laws un- who intends to land temporarily and solely in
less the alien— pursuit of his calling as a crewman and to de-
(i) has abandoned or relinquished that part from the United States with the vessel or
status, aircraft on which he arrived or some other
(ii) has been absent from the United States vessel or aircraft;
for a continuous period in excess of 180 days, (ii) an alien crewman serving in good faith
(iii) has engaged in illegal activity after hav- as such in any capacity required for normal
ing departed the United States, operations and service aboard a fishing vessel
(iv) has departed from the United States having its home port or an operating base in
while under legal process seeking removal of the United States who intends to land tempo-
the alien from the United States, including re- rarily in Guam or the Commonwealth of the
moval proceedings under this chapter and ex- Northern Mariana Islands and solely in pur-
tradition proceedings, suit of his calling as a crewman and to depart
(v) has committed an offense identified in
from Guam or the Commonwealth of the
section 1182(a)(2) of this title, unless since
Northern Mariana Islands with the vessel on
such offense the alien has been granted relief
which he arrived;
under section 1182(h) or 1229b(a) of this title, (E) an alien entitled to enter the United
or States under and in pursuance of the provi-
(vi) is attempting to enter at a time or place sions of a treaty of commerce and navigation
other than as designated by immigration offi- between the United States and the foreign
cers or has not been admitted to the United state of which he is a national, and the spouse
States after inspection and authorization by and children of any such alien if accompany-
an immigration officer. ing or following to join him; (i) solely to carry
(14) The term ‘‘foreign state’’ includes out- on substantial trade, including trade in serv-
lying possessions of a foreign state, but self-gov- ices or trade in technology, principally be-
erning dominions or territories under mandate tween the United States and the foreign state
or trusteeship shall be regarded as separate for- of which he is a national; (ii) solely to develop
eign states. and direct the operations of an enterprise in
(15) The term ‘‘immigrant’’ means every alien which he has invested, or of an enterprise in
except an alien who is within one of the follow- which he is actively in the process of invest-
ing classes of nonimmigrant aliens— ing, a substantial amount of capital; or (iii)
(A)(i) an ambassador, public minister, or ca- solely to perform services in a specialty occu-
reer diplomatic or consular officer who has pation in the United States if the alien is a na-
been accredited by a foreign government, rec- tional of the Commonwealth of Australia and
ognized de jure by the United States and who with respect to whom the Secretary of Labor
is accepted by the President or by the Sec- determines and certifies to the Secretary of
retary of State, and the members of the alien’s Homeland Security and the Secretary of State
immediate family; that the intending employer has filed with the
(ii) upon a basis of reciprocity, other offi- Secretary of Labor an attestation under sec-
cials and employees who have been accredited tion 1182(t)(1) of this title;
Page 17 TITLE 8—ALIENS AND NATIONALITY §1101
(F)(i) an alien having a residence in a foreign scribed in subclause (ii)(a) or in subparagraph
country which he has no intention of abandon- (O) or (P)) in a specialty occupation described
ing, who is a bona fide student qualified to in section 1184(i)(1) of this title or as a fashion
pursue a full course of study and who seeks to model, who meets the requirements for the oc-
enter the United States temporarily and sole- cupation specified in section 1184(i)(2) of this
ly for the purpose of pursuing such a course of title or, in the case of a fashion model, is of
study consistent with section 1184(l)1 of this distinguished merit and ability, and with re-
title at an established college, university, spect to whom the Secretary of Labor deter-
seminary, conservatory, academic high school, mines and certifies to the Attorney General
elementary school, or other academic institu- that the intending employer has filed with the
tion or in an accredited language training pro- Secretary an application under section
gram in the United States, particularly des- 1182(n)(1) of this title, or (b1) who is entitled to
ignated by him and approved by the Attorney enter the United States under and in pursu-
General after consultation with the Secretary ance of the provisions of an agreement listed
of Education, which institution or place of in section 1184(g)(8)(A) of this title, who is en-
study shall have agreed to report to the Attor- gaged in a specialty occupation described in
ney General the termination of attendance of section 1184(i)(3) of this title, and with respect
each nonimmigrant student, and if any such to whom the Secretary of Labor determines
institution of learning or place of study fails and certifies to the Secretary of Homeland Se-
to make reports promptly the approval shall curity and the Secretary of State that the in-
be withdrawn, (ii) the alien spouse and minor tending employer has filed with the Secretary
children of any alien described in clause (i) if of Labor an attestation under section 1182(t)(1)
accompanying or following to join such an of this title, or (c) who is coming temporarily
alien, and (iii) an alien who is a national of to the United States to perform services as a
Canada or Mexico, who maintains actual resi- registered nurse, who meets the qualifications
dence and place of abode in the country of na- described in section 1182(m)(1) of this title, and
tionality, who is described in clause (i) except with respect to whom the Secretary of Labor
that the alien’s qualifications for and actual determines and certifies to the Attorney Gen-
course of study may be full or part-time, and eral that an unexpired attestation is on file
who commutes to the United States institu- and in effect under section 1182(m)(2) of this
tion or place of study from Canada or Mexico; title for the facility (as defined in section
(G)(i) a designated principal resident rep- 1182(m)(6) of this title) for which the alien will
resentative of a foreign government recog- perform the services; or (ii)(a) having a resi-
nized de jure by the United States, which for- dence in a foreign country which he has no in-
eign government is a member of an inter- tention of abandoning who is coming tempo-
national organization entitled to enjoy privi- rarily to the United States to perform agricul-
leges, exemptions, and immunities as an inter- tural labor or services, as defined by the Sec-
national organization under the International retary of Labor in regulations and including
Organizations Immunities Act (59 Stat. 669) [22 agricultural labor defined in section 3121(g) of
U.S.C. 288 et seq.], accredited resident mem- title 26, agriculture as defined in section 203(f)
bers of the staff of such representatives, and of title 29, and the pressing of apples for cider
members of his or their immediate family; on a farm, of a temporary or seasonal nature,
(ii) other accredited representatives of such or (b) having a residence in a foreign country
a foreign government to such international or- which he has no intention of abandoning who
ganizations, and the members of their imme- is coming temporarily to the United States to
diate families; perform other temporary service or labor if
(iii) an alien able to qualify under (i) or (ii) unemployed persons capable of performing
above except for the fact that the government such service or labor cannot be found in this
of which such alien is an accredited represent- country, but this clause shall not apply to
ative is not recognized de jure by the United graduates of medical schools coming to the
States, or that the government of which he is United States to perform services as members
an accredited representative is not a member of the medical profession; or (iii) having a res-
of such international organization; and the idence in a foreign country which he has no in-
members of his immediate family; tention of abandoning who is coming tempo-
(iv) officers, or employees of such inter- rarily to the United States as a trainee, other
national organizations, and the members of than to receive graduate medical education or
their immediate families; training, in a training program that is not de-
(v) attendants, servants, and personal em- signed primarily to provide productive em-
ployees of any such representative, officer, or ployment; and the alien spouse and minor
employee, and the members of the immediate children of any such alien specified in this
families of such attendants, servants, and per- paragraph if accompanying him or following
sonal employees; to join him;
(H) an alien (i) [(a) Repealed. Pub. L. 106–95, (I) upon a basis of reciprocity, an alien who
§2(c), Nov. 12, 1999, 113 Stat. 1316] (b) subject to is a bona fide representative of foreign press,
section 1182(j)(2) of this title, who is coming radio, film, or other foreign information
temporarily to the United States to perform media, who seeks to enter the United States
services (other than services described in sub- solely to engage in such vocation, and the
clause (a) during the period in which such sub- spouse and children of such a representative, if
clause applies and other than services de- accompanying or following to join him;
(J) an alien having a residence in a foreign
1See References in Text note below. country which he has no intention of abandon-
§1101 TITLE 8—ALIENS AND NATIONALITY Page 18
ing who is a bona fide student, scholar, train- General the termination of attendance of each
ee, teacher, professor, research assistant, spe- nonimmigrant nonacademic student and if any
cialist, or leader in a field of specialized such institution fails to make reports prompt-
knowledge or skill, or other person of similar ly the approval shall be withdrawn, (ii) the
description, who is coming temporarily to the alien spouse and minor children of any alien
United States as a participant in a program described in clause (i) if accompanying or fol-
designated by the Director of the United lowing to join such an alien, and (iii) an alien
States Information Agency, for the purpose of who is a national of Canada or Mexico, who
teaching, instructing or lecturing, studying, maintains actual residence and place of abode
observing, conducting research, consulting, in the country of nationality, who is described
demonstrating special skills, or receiving in clause (i) except that the alien’s course of
training and who, if he is coming to the United study may be full or part-time, and who com-
States to participate in a program under mutes to the United States institution or
which he will receive graduate medical edu- place of study from Canada or Mexico;
(N)(i) the parent of an alien accorded the
cation or training, also meets the require-
status of special immigrant under paragraph
ments of section 1182(j) of this title, and the
(27)(I)(i) (or under analogous authority under
alien spouse and minor children of any such
paragraph (27)(L)), but only if and while the
alien if accompanying him or following to join
alien is a child, or
him;
(ii) a child of such parent or of an alien ac-
(K) subject to subsections (d) and (p)2of sec-
corded the status of a special immigrant under
tion 1184 of this title, an alien who—
clause (ii), (iii), or (iv) of paragraph (27)(I) (or
(i) is the fiance´e or fiance´ of a citizen of
under analogous authority under paragraph
the United States (other than a citizen de-
(27)(L));
scribed in section 1154(a)(1)(A)(viii)(I) of this (O) an alien who—
title) and who seeks to enter the United (i) has extraordinary ability in the sci-
States solely to conclude a valid marriage ences, arts, education, business, or athletics
with the petitioner within ninety days after which has been demonstrated by sustained
admission; national or international acclaim or, with
(ii) has concluded a valid marriage with a regard to motion picture and television pro-
citizen of the United States (other than a ductions a demonstrated record of extraor-
citizen described in section dinary achievement, and whose achieve-
1154(a)(1)(A)(viii)(I) of this title) who is the ments have been recognized in the field
petitioner, is the beneficiary of a petition to through extensive documentation, and seeks
accord a status under section 1151(b)(2)(A)(i) to enter the United States to continue work
of this title that was filed under section 1154 in the area of extraordinary ability; or
of this title by the petitioner, and seeks to (ii)(I) seeks to enter the United States
enter the United States to await the ap- temporarily and solely for the purpose of ac-
proval of such petition and the availability companying and assisting in the artistic or
to the alien of an immigrant visa; or athletic performance by an alien who is ad-
(iii) is the minor child of an alien de- mitted under clause (i) for a specific event or
scribed in clause (i) or (ii) and is accompany- events,
ing, or following to join, the alien; (II) is an integral part of such actual per-
formance,
(L) subject to section 1184(c)(2) of this title, (III)(a) has critical skills and experience
an alien who, within 3 years preceding the with such alien which are not of a general
time of his application for admission into the nature and which cannot be performed by
United States, has been employed continu- other individuals, or (b) in the case of a mo-
ously for one year by a firm or corporation or tion picture or television production, has
other legal entity or an affiliate or subsidiary skills and experience with such alien which
thereof and who seeks to enter the United are not of a general nature and which are
States temporarily in order to continue to critical either based on a pre-existing long-
render his services to the same employer or a standing working relationship or, with re-
subsidiary or affiliate thereof in a capacity spect to the specific production, because sig-
that is managerial, executive, or involves spe- nificant production (including pre- and post-
cialized knowledge, and the alien spouse and production work) will take place both inside
minor children of any such alien if accom- and outside the United States and the con-
panying him or following to join him; tinuing participation of the alien is essential
(M)(i) an alien having a residence in a for- to the successful completion of the produc-
eign country which he has no intention of tion, and
abandoning who seeks to enter the United (IV) has a foreign residence which the
States temporarily and solely for the purpose alien has no intention of abandoning; or
of pursuing a full course of study at an estab- (iii) is the alien spouse or child of an alien
lished vocational or other recognized non- described in clause (i) or (ii) and is accom-
academic institution (other than in a language panying, or following to join, the alien;
training program) in the United States par- (P) an alien having a foreign residence which
ticularly designated by him and approved by the alien has no intention of abandoning
the Attorney General, after consultation with who—
the Secretary of Education, which institution (i)(a) is described in section 1184(c)(4)(A) of
shall have agreed to report to the Attorney this title (relating to athletes), or (b) is de-
scribed in section 1184(c)(4)(B) of this title
2See References in Text note below. (relating to entertainment groups);
Page 19 TITLE 8—ALIENS AND NATIONALITY §1101
(ii)(I) performs as an artist or entertainer, (I) is in possession of critical reliable in-
individually or as part of a group, or is an formation concerning a terrorist organiza-
integral part of the performance of such a tion, enterprise, or operation;
group, and (II) is willing to supply or has supplied
(II) seeks to enter the United States tem- such information to Federal law enforce-
porarily and solely for the purpose of per- ment authorities or a Federal court;
forming as such an artist or entertainer or (III) will be or has been placed in danger
with such a group under a reciprocal ex- as a result of providing such information;
change program which is between an organi- and
zation or organizations in the United States (IV) is eligible to receive a reward under
and an organization or organizations in one section 2708(a) of title 22,
or more foreign states and which provides
and, if the Attorney General (or with respect
for the temporary exchange of artists and
to clause (ii), the Secretary of State and the
entertainers, or groups of artists and enter-
Attorney General jointly) considers it to be
tainers;
(iii)(I) performs as an artist or entertainer, appropriate, the spouse, married and unmar-
individually or as part of a group, or is an ried sons and daughters, and parents of an
integral part of the performance of such a alien described in clause (i) or (ii) if accom-
group, and panying, or following to join, the alien;
(II) seeks to enter the United States tem- (T)(i) subject to section 1184(o) of this title,
porarily and solely to perform, teach, or an alien who the Secretary of Homeland Secu-
coach as such an artist or entertainer or rity, or in the case of subclause (III)(aa) the
with such a group under a commercial or Secretary of Homeland Security, in consulta-
noncommercial program that is culturally tion with the Attorney General, determines—
unique; or (I) is or has been a victim of a severe form
(iv) is the spouse or child of an alien de- of trafficking in persons, as defined in sec-
scribed in clause (i), (ii), or (iii) and is ac- tion 7102 of title 22;
companying, or following to join, the alien; (II) is physically present in the United
States, American Samoa, or the Common-
(Q) an alien having a residence in a foreign
wealth of the Northern Mariana Islands, or
country which he has no intention of abandon-
at a port of entry thereto, on account of
ing who is coming temporarily (for a period
such trafficking, including physical presence
not to exceed 15 months) to the United States
on account of the alien having been allowed
as a participant in an international cultural
entry into the United States for participa-
exchange program approved by the Secretary
tion in investigative or judicial processes as-
of Homeland Security for the purpose of pro-
sociated with an act or a perpetrator of traf-
viding practical training, employment, and
ficking;
the sharing of the history, culture, and tradi-
(III)(aa) has complied with any reasonable
tions of the country of the alien’s nationality
request for assistance in the Federal, State,
and who will be employed under the same
or local investigation or prosecution of acts
wages and working conditions as domestic
of trafficking or the investigation of crime
workers;
(R) an alien, and the spouse and children of where acts of trafficking are at least one
the alien if accompanying or following to join central reason for the commission of that
the alien, who— crime;
(i) for the 2 years immediately preceding (bb) in consultation with the Attorney
the time of application for admission, has General, as appropriate, is unable to cooper-
been a member of a religious denomination ate with a request described in item (aa) due
having a bona fide nonprofit, religious orga- to physical or psychological trauma; or
nization in the United States; and (cc) has not attained 18 years of age; and
(ii) seeks to enter the United States for a (IV) the alien3 would suffer extreme hard-
period not to exceed 5 years to perform the ship involving unusual and severe harm upon
work described in subclause (I), (II), or (III) removal; and
of paragraph (27)(C)(ii);
(ii) if accompanying, or following to join,
(S) subject to section 1184(k) of this title, an the alien described in clause (i)—
alien— (I) in the case of an alien described in
(i) who the Attorney General determines— clause (i) who is under 21 years of age, the
(I) is in possession of critical reliable in- spouse, children, unmarried siblings under 18
formation concerning a criminal organiza- years of age on the date on which such alien
tion or enterprise; applied for status under such clause, and
(II) is willing to supply or has supplied parents of such alien;
such information to Federal or State law (II) in the case of an alien described in
enforcement authorities or a Federal or clause (i) who is 21 years of age or older, the
State court; and spouse and children of such alien; or
(III) whose presence in the United States
(III) any parent or unmarried sibling under
the Attorney General determines is essen-
18 years of age of an alien described in sub-
tial to the success of an authorized crimi-
clause (I) or (II) who the Secretary of Home-
nal investigation or the successful pros-
land Security, in consultation with the law
ecution of an individual involved in the
enforcement officer investigating a severe
criminal organization or enterprise; or
(ii) who the Secretary of State and the At-
3So in original. The words ‘‘the alien’’ probably should not ap-
torney General jointly determine— pear.
§1101 TITLE 8—ALIENS AND NATIONALITY Page 20
form of trafficking, determines faces a (ii) such petition has been approved, 3
present danger of retaliation as a result of years or more have elapsed since such filing
the alien’s escape from the severe form of date, and—
trafficking or cooperation with law enforce- (I) an immigrant visa is not immediately
ment. available to the alien because of a waiting
list of applicants for visas under section
(U)(i) subject to section 1184(p) of this title,
an alien who files a petition for status under 1153(a)(2)(A) of this title; or
(II) the alien’s application for an immi-
this subparagraph, if the Secretary of Home-
grant visa, or the alien’s application for
land Security determines that—
(I) the alien has suffered substantial phys- adjustment of status under section 1255 of
ical or mental abuse as a result of having this title, pursuant to the approval of such
been a victim of criminal activity described petition, remains pending.
in clause (iii); (16) The term ‘‘immigrant visa’’ means an im-
(II) the alien (or in the case of an alien migrant visa required by this chapter and prop-
child under the age of 16, the parent, guard- erly issued by a consular officer at his office
ian, or next friend of the alien) possesses in- outside of the United States to an eligible immi-
formation concerning criminal activity de-
grant under the provisions of this chapter.
scribed in clause (iii); (17) The term ‘‘immigration laws’’ includes
(III) the alien (or in the case of an alien
this chapter and all laws, conventions, and trea-
child under the age of 16, the parent, guard-
ties of the United States relating to the immi-
ian, or next friend of the alien) has been
gration, exclusion, deportation, expulsion, or re-
helpful, is being helpful, or is likely to be
moval of aliens.
helpful to a Federal, State, or local law en-
(18) The term ‘‘immigration officer’’ means
forcement official, to a Federal, State, or
any employee or class of employees of the Serv-
local prosecutor, to a Federal or State judge,
ice or of the United States designated by the At-
to the Service, or to other Federal, State, or
torney General, individually or by regulation, to
local authorities investigating or prosecut-
perform the functions of an immigration officer
ing criminal activity described in clause
specified by this chapter or any section of this
(iii); and
title.
(IV) the criminal activity described in
(19) The term ‘‘ineligible to citizenship,’’ when
clause (iii) violated the laws of the United
used in reference to any individual, means, not-
States or occurred in the United States (in-
withstanding the provisions of any treaty relat-
cluding in Indian country and military in-
ing to military service, an individual who is, or
stallations) or the territories and posses-
was at any time permanently debarred from be-
sions of the United States;
coming a citizen of the United States under sec-
(ii) if accompanying, or following to join, tion 3(a) of the Selective Training and Service
the alien described in clause (i)— Act of 1940, as amended (54 Stat. 885; 55 Stat.
(I) in the case of an alien described in 844), or under section 4(a) of the Selective Serv-
clause (i) who is under 21 years of age, the ice Act of 1948, as amended (62 Stat. 605; 65 Stat.
spouse, children, unmarried siblings under 18 76) [50 U.S.C. App. 454(a)], or under any section
years of age on the date on which such alien of this chapter, or any other Act, or under any
applied for status under such clause, and law amendatory of, supplementary to, or in sub-
parents of such alien; or stitution for, any of such sections or Acts.
(II) in the case of an alien described in (20) The term ‘‘lawfully admitted for perma-
clause (i) who is 21 years of age or older, the
nent residence’’ means the status of having been
spouse and children of such alien; and
lawfully accorded the privilege of residing per-
(iii) the criminal activity referred to in this manently in the United States as an immigrant
clause is that involving one or more of the fol- in accordance with the immigration laws, such
lowing or any similar activity in violation of status not having changed.
Federal, State, or local criminal law: rape; (21) The term ‘‘national’’ means a person
torture; trafficking; incest; domestic violence; owing permanent allegiance to a state.
sexual assault; abusive sexual contact; pros- (22) The term ‘‘national of the United States’’
titution; sexual exploitation; female genital means (A) a citizen of the United States, or (B)
mutilation; being held hostage; peonage; in- a person who, though not a citizen of the United
voluntary servitude; slave trade; kidnapping; States, owes permanent allegiance to the United
abduction; unlawful criminal restraint; false States.
imprisonment; blackmail; extortion; man- (23) The term ‘‘naturalization’’ means the con-
slaughter; murder; felonious assault; witness ferring of nationality of a state upon a person
tampering; obstruction of justice; perjury; or after birth, by any means whatsoever.
attempt, conspiracy, or solicitation to commit (24) Repealed. Pub. L. 102–232, title III,
any of the above mentioned crimes; or §305(m)(1), Dec. 12, 1991, 105 Stat. 1750.
(V) subject to section 1184(q) of this title, an (25) The term ‘‘noncombatant service’’ shall
alien who is the beneficiary (including a child not include service in which the individual is
of the principal alien, if eligible to receive a not subject to military discipline, court martial,
visa under section 1153(d) of this title) of a pe- or does not wear the uniform of any branch of
tition to accord a status under section the armed forces.
1153(a)(2)(A) of this title that was filed with (26) The term ‘‘nonimmigrant visa’’ means a
the Attorney General under section 1154 of visa properly issued to an alien as an eligible
this title on or before December 21, 2000, if— nonimmigrant by a competent officer as pro-
(i) such petition has been pending for 3 vided in this chapter.
years or more; or (27) The term ‘‘special immigrant’’ means—
Page 21 TITLE 8—ALIENS AND NATIONALITY §1101
(A) an immigrant, lawfully admitted for per- years or more of faithful service, or (ii) who,
manent residence, who is returning from a on the date on which such Treaty enters into
temporary visit abroad; force, has been employed by the United States
(B) an immigrant who was a citizen of the Government in the Canal Zone with a total of
United States and may, under section 1435(a) 15 years or more of faithful service and who
or 1438 of this title, apply for reacquisition of subsequently is honorably retired from such
citizenship; employment or continues to be employed by
(C) an immigrant, and the immigrant’s the United States Government in an area of
spouse and children if accompanying or follow- the former Canal Zone;
ing to join the immigrant, who— (G) an immigrant, and his accompanying
(i) for at least 2 years immediately preced- spouse and children, who was an employee of
ing the time of application for admission, the Panama Canal Company or Canal Zone
has been a member of a religious denomina- Government on the effective date of the ex-
tion having a bona fide nonprofit, religious change of instruments of ratification of such
organization in the United States; Panama Canal Treaty of 1977 [April 1, 1979],
(ii) seeks to enter the United States— who has performed faithful service for five
(I) solely for the purpose of carrying on years or more as such an employee, and whose
the vocation of a minister of that religious personal safety, or the personal safety of
denomination, whose spouse or children, as a direct result of
(II) before September 30, 2012, in order to such Treaty, is reasonably placed in danger
work for the organization at the request of because of the special nature of any of that
the organization in a professional capacity employment;
in a religious vocation or occupation, or (H) an immigrant, and his accompanying
(III) before September 30, 2012, in order spouse and children, who—
to work for the organization (or for a bona (i) has graduated from a medical school or
fide organization which is affiliated with has qualified to practice medicine in a for-
the religious denomination and is exempt eign state,
from taxation as an organization described (ii) was fully and permanently licensed to
in section 501(c)(3) of title 26) at the re- practice medicine in a State on January 9,
quest of the organization in a religious vo- 1978, and was practicing medicine in a State
cation or occupation; and on that date,
(iii) entered the United States as a non-
(iii) has been carrying on such vocation, immigrant under subsection (a)(15)(H) or
professional work, or other work continu- (a)(15)(J) of this section before January 10,
ously for at least the 2-year period described 1978, and
in clause (i); (iv) has been continuously present in the
(D) an immigrant who is an employee, or an United States in the practice or study of
honorably retired former employee, of the medicine since the date of such entry;
United States Government abroad, or of the (I)(i) an immigrant who is the unmarried son
American Institute in Taiwan, and who has or daughter of an officer or employee, or of a
performed faithful service for a total of fifteen former officer or employee, of an international
years, or more, and his accompanying spouse organization described in paragraph (15)(G)(i),
and children: Provided, That the principal offi- and who (I) while maintaining the status of a
cer of a Foreign Service establishment (or, in nonimmigrant under paragraph (15)(G)(iv) or
the case of the American Institute in Taiwan, paragraph (15)(N), has resided and been phys-
the Director thereof), in his discretion, shall ically present in the United States for periods
have recommended the granting of special im- totaling at least one-half of the seven years
migrant status to such alien in exceptional before the date of application for a visa or for
circumstances and the Secretary of State ap- adjustment of status to a status under this
proves such recommendation and finds that it subparagraph and for a period or periods ag-
is in the national interest to grant such gregating at least seven years between the
status; ages of five and 21 years, and (II) applies for a
(E) an immigrant, and his accompanying visa or adjustment of status under this sub-
spouse and children, who is or has been an em- paragraph no later than his twenty-fifth birth-
ployee of the Panama Canal Company or Canal day or six months after October 24, 1988,
Zone Government before the date on which the whichever is later;
Panama Canal Treaty of 1977 (as described in (ii) an immigrant who is the surviving
section 3602(a)(1) of title 22) enters into force spouse of a deceased officer or employee of
[October 1, 1979], who was resident in the such an international organization, and who
Canal Zone on the effective date of the ex- (I) while maintaining the status of a non-
change of instruments of ratification of such immigrant under paragraph (15)(G)(iv) or para-
Treaty [April 1, 1979], and who has performed graph (15)(N), has resided and been physically
faithful service as such an employee for one present in the United States for periods total-
year or more; ing at least one-half of the seven years before
(F) an immigrant, and his accompanying the date of application for a visa or for adjust-
spouse and children, who is a Panamanian na- ment of status to a status under this subpara-
tional and (i) who, before the date on which graph and for a period or periods aggregating
such Panama Canal Treaty of 1977 enters into at least 15 years before the date of the death
force [October 1, 1979], has been honorably re- of such officer or employee, and (II) files a pe-
tired from United States Government employ- tition for status under this subparagraph no
ment in the Canal Zone with a total of 15 later than six months after the date of such
§1101 TITLE 8—ALIENS AND NATIONALITY Page 22
death or six months after October 24, 1988, (ii) 6 years, in the case of an immigrant
whichever is later; who is on active duty at the time of seeking
(iii) an immigrant who is a retired officer or special immigrant status under this sub-
employee of such an international organiza- paragraph and who has reenlisted to incur a
tion, and who (I) while maintaining the status total active duty service obligation of at
of a nonimmigrant under paragraph (15)(G)(iv), least 12 years,
has resided and been physically present in the
and the spouse or child of any such immigrant
United States for periods totaling at least one-
if accompanying or following to join the immi-
half of the seven years before the date of appli-
grant, but only if the executive department
cation for a visa or for adjustment of status to
under which the immigrant serves or served
a status under this subparagraph and for a pe-
recommends the granting of special immi-
riod or periods aggregating at least 15 years
grant status to the immigrant;
before the date of the officer or employee’s re- (L) an immigrant who would be described in
tirement from any such international organi- clause (i), (ii), (iii), or (iv) of subparagraph (I)
zation, and (II) files a petition for status under if any reference in such a clause—
this subparagraph no later than six months (i) to an international organization de-
after the date of such retirement or six scribed in paragraph (15)(G)(i) were treated
months after October 25, 1994, whichever is as a reference to the North Atlantic Treaty
later; or Organization (NATO);
(iv) an immigrant who is the spouse of a re- (ii) to a nonimmigrant under paragraph
tired officer or employee accorded the status (15)(G)(iv) were treated as a reference to a
of special immigrant under clause (iii), accom- nonimmigrant classifiable under NATO–6 (as
panying or following to join such retired offi- a member of a civilian component accom-
cer or employee as a member of his immediate panying a force entering in accordance with
family; the provisions of the NATO Status-of-Forces
(J) an immigrant who is present in the Agreement, a member of a civilian compo-
United States— nent attached to or employed by an Allied
(i) who has been declared dependent on a
Headquarters under the ‘‘Protocol on the
juvenile court located in the United States
Status of International Military Head-
or whom such a court has legally committed
quarters’’ set up pursuant to the North At-
to, or placed under the custody of, an agency
lantic Treaty, or as a dependent); and
or department of a State, or an individual or (iii) to the Immigration Technical Correc-
entity appointed by a State or juvenile court tions Act of 1988 or to the Immigration and
located in the United States, and whose re- Nationality Technical Corrections Act of
unification with 1 or both of the immigrant’s 1994 were a reference to the American Com-
parents is not viable due to abuse, neglect, petitiveness and Workforce Improvement
abandonment, or a similar basis found under Act of 19984
State law;
(ii) for whom it has been determined in ad- (M) subject to the numerical limitations of
ministrative or judicial proceedings that it section 1153(b)(4) of this title, an immigrant
would not be in the alien’s best interest to who seeks to enter the United States to work
be returned to the alien’s or parent’s pre- as a broadcaster in the United States for the
vious country of nationality or country of International Broadcasting Bureau of the
last habitual residence; and Broadcasting Board of Governors, or for a
(iii) in whose case the Secretary of Home- grantee of the Broadcasting Board of Gov-
land Security consents to the grant of spe- ernors, and the immigrant’s accompanying
cial immigrant juvenile status, except spouse and children.
that— (28) The term ‘‘organization’’ means, but is not
(I) no juvenile court has jurisdiction to limited to, an organization, corporation, com-
determine the custody status or placement pany, partnership, association, trust, foundation
of an alien in the custody of the Secretary or fund; and includes a group of persons, wheth-
of Health and Human Services unless the er or not incorporated, permanently or tempo-
Secretary of Health and Human Services rarily associated together with joint action on
specifically consents to such jurisdiction; any subject or subjects.
and (29) The term ‘‘outlying possessions of the
(II) no natural parent or prior adoptive United States’’ means American Samoa and
parent of any alien provided special immi- Swains Island.
grant status under this subparagraph shall (30) The term ‘‘passport’’ means any travel
thereafter, by virtue of such parentage, be document issued by competent authority show-
accorded any right, privilege, or status ing the bearer’s origin, identity, and nationality
under this chapter; if any, which is valid for the admission of the
(K) an immigrant who has served honorably bearer into a foreign country.
on active duty in the Armed Forces of the (31) The term ‘‘permanent’’ means a relation-
United States after October 15, 1978, and after ship of continuing or lasting nature, as distin-
original lawful enlistment outside the United guished from temporary, but a relationship may
States (under a treaty or agreement in effect be permanent even though it is one that may be
on October 1, 1991) for a period or periods ag- dissolved eventually at the instance either of
gregating— the United States or of the individual, in accord-
(i) 12 years and who, if separated from such ance with law.
service, was never separated except under
honorable conditions, or 4So in original. Probably should be followed by ‘‘;or’’.