8 U.S.C. § 1101 : US Code - Section 1101: Definitions

Search 8 U.S.C. § 1101 : US Code - Section 1101: Definitions

      (a) As used in this chapter - 
      (1) The term "administrator" means the official designated by the
    Secretary of State pursuant to section 1104(b) of this title.
      (2) The term "advocates" includes, but is not limited to,
    advises, recommends, furthers by overt act, and admits belief in.
      (3) The term "alien" means any person not a citizen or national
    of the United States.
      (4) The term "application for admission" has reference to the
    application for admission into the United States and not to the
    application for the issuance of an immigrant or nonimmigrant visa.
      (5) The term "Attorney General" means the Attorney General of the
    United States.
      (6) The term "border crossing identification card" means a
    document of identity bearing that designation issued to an alien
    who is lawfully admitted for permanent residence, or to an alien
    who is a resident in foreign contiguous territory, by a consular
    officer or an immigration officer for the purpose of crossing over
    the borders between the United States and foreign contiguous
    territory in accordance with such conditions for its issuance and
    use as may be prescribed by regulations. Such regulations shall
    provide that (A) each such document include a biometric identifier
    (such as the fingerprint or handprint of the alien) that is machine
    readable and (B) an alien presenting a border crossing
    identification card is not permitted to cross over the border into
    the United States unless the biometric identifier contained on the
    card matches the appropriate biometric characteristic of the alien.
      (7) The term "clerk of court" means a clerk of a naturalization
    court.
      (8) The terms "Commissioner" and "Deputy Commissioner" mean the
    Commissioner of Immigration and Naturalization and a Deputy
    Commissioner of Immigration and Naturalization, respectively.
      (9) The term "consular officer" means any consular, diplomatic,
    or other officer or employee of the United States designated under
    regulations prescribed under authority contained in this chapter,
    for the purpose of issuing immigrant or nonimmigrant visas or, when
    used in subchapter III, for the purpose of adjudicating
    nationality.
      (10) The term "crewman" means a person serving in any capacity on
    board a vessel or aircraft.
      (11) The term "diplomatic visa" means a nonimmigrant visa bearing
    that title and issued to a nonimmigrant in accordance with such
    regulations as the Secretary of State may prescribe.
      (12) The term "doctrine" includes, but is not limited to,
    policies, practices, purposes, aims, or procedures.
      (13)(A) The terms "admission" and "admitted" mean, with respect
    to an alien, the lawful entry of the alien into the United States
    after inspection and authorization by an immigration officer.
      (B) An alien who is paroled under section 1182(d)(5) of this
    title or permitted to land temporarily as an alien crewman shall
    not be considered to have been admitted.
      (C) An alien lawfully admitted for permanent residence in the
    United States shall not be regarded as seeking an admission into
    the United States for purposes of the immigration laws unless the
    alien - 
        (i) has abandoned or relinquished that status,
        (ii) has been absent from the United States for a continuous
      period in excess of 180 days,
        (iii) has engaged in illegal activity after having departed the
      United States,
        (iv) has departed from the United States while under legal
      process seeking removal of the alien from the United States,
      including removal proceedings under this chapter and extradition
      proceedings,
        (v) has committed an offense identified in section 1182(a)(2)
      of this title, unless since such offense the alien has been
      granted relief under section 1182(h) or 1229b(a) of this title,
      or
        (vi) is attempting to enter at a time or place other than as
      designated by immigration officers or has not been admitted to
      the United States after inspection and authorization by an
      immigration officer.

      (14) The term "foreign state" includes outlying possessions of a
    foreign state, but self-governing dominions or territories under
    mandate or trusteeship shall be regarded as separate foreign
    states.
      (15) The term "immigrant" means every alien except an alien who
    is within one of the following classes of nonimmigrant aliens - 
        (A)(i) an ambassador, public minister, or career diplomatic or
      consular officer who has been accredited by a foreign government,
      recognized de jure by the United States and who is accepted by
      the President or by the Secretary of State, and the members of
      the alien's immediate family;
        (ii) upon a basis of reciprocity, other officials and employees
      who have been accredited by a foreign government recognized de
      jure by the United States, who are accepted by the Secretary of
      State, and the members of their immediate families; and
        (iii) upon a basis of reciprocity, attendants, servants,
      personal employees, and members of their immediate families, of
      the officials and employees who have a nonimmigrant status under
      (i) and (ii) above;
        (B) an alien (other than one coming for the purpose of study or
      of performing skilled or unskilled labor or as a representative
      of foreign press, radio, film, or other foreign information media
      coming to engage in such vocation) having a residence in a
      foreign country which he has no intention of abandoning and who
      is visiting the United States temporarily for business or
      temporarily for pleasure;
        (C) an alien in immediate and continuous transit through the
      United States, or an alien who qualifies as a person entitled to
      pass in transit to and from the United Nations Headquarters
      District and foreign countries, under the provisions of
      paragraphs (3), (4), and (5) of section 11 of the Headquarters
      Agreement with the United Nations (61 Stat. 758);
        (D)(i) an alien crewman serving in good faith as such in a
      capacity required for normal operation and service on board a
      vessel, as defined in section 1288(a) of this title (other than a
      fishing vessel having its home port or an operating base in the
      United States), or aircraft, who intends to land temporarily and
      solely in pursuit of his calling as a crewman and to depart from
      the United States with the vessel or aircraft on which he arrived
      or some other vessel or aircraft;
        (ii) an alien crewman serving in good faith as such in any
      capacity required for normal operations and service aboard a
      fishing vessel having its home port or an operating base in the
      United States who intends to land temporarily in Guam or the
      Commonwealth of the Northern Mariana Islands and solely in
      pursuit of his calling as a crewman and to depart from Guam or
      the Commonwealth of the Northern Mariana Islands with the vessel
      on which he arrived;
        (E) an alien entitled to enter the United States under and in
      pursuance of the provisions of a treaty of commerce and
      navigation between the United States and the foreign state of
      which he is a national, and the spouse and children of any such
      alien if accompanying or following to join him; (i) solely to
      carry on substantial trade, including trade in services or trade
      in technology, principally between the United States and the
      foreign state of which he is a national; (ii) solely to develop
      and direct the operations of an enterprise in which he has
      invested, or of an enterprise in which he is actively in the
      process of investing, a substantial amount of capital; or (iii)
      solely to perform services in a specialty occupation in the
      United States if the alien is a national of the Commonwealth of
      Australia and with respect to whom the Secretary of Labor
      determines and certifies to the Secretary of Homeland Security
      and the Secretary of State that the intending employer has filed
      with the Secretary of Labor an attestation under section
      1182(t)(1) of this title;
        (F)(i) an alien having a residence in a foreign country which
      he has no intention of abandoning, who is a bona fide student
      qualified to pursue a full course of study and who seeks to enter
      the United States temporarily and solely for the purpose of
      pursuing such a course of study consistent with section 1184(l)
      (!1) of this title at an established college, university,
      seminary, conservatory, academic high school, elementary school,
      or other academic institution or in an accredited language
      training program in the United States, particularly designated by
      him and approved by the Attorney General after consultation with
      the Secretary of Education, which institution or place of study
      shall have agreed to report to the Attorney General the
      termination of attendance of each nonimmigrant student, and if
      any such institution of learning or place of study fails to make
      reports promptly the approval shall be withdrawn, (ii) the alien
      spouse and minor children of any alien described in clause (i) if
      accompanying or following to join such an alien, and (iii) an
      alien who is a national of Canada or Mexico, who maintains actual
      residence and place of abode in the country of nationality, who
      is described in clause (i) except that the alien's qualifications
      for and actual course of study may be full or part-time, and who
      commutes to the United States institution or place of study from
      Canada or Mexico;

        (G)(i) a designated principal resident representative of a
      foreign government recognized de jure by the United States, which
      foreign government is a member of an international organization
      entitled to enjoy privileges, exemptions, and immunities as an
      international organization under the International Organizations
      Immunities Act (59 Stat. 669) [22 U.S.C. 288 et seq.], accredited
      resident members of the staff of such representatives, and
      members of his or their immediate family;
        (ii) other accredited representatives of such a foreign
      government to such international organizations, and the members
      of their immediate families;
        (iii) an alien able to qualify under (i) or (ii) above except
      for the fact that the government of which such alien is an
      accredited representative is not recognized de jure by the United
      States, or that the government of which he is an accredited
      representative is not a member of such international
      organization; and the members of his immediate family;
        (iv) officers, or employees of such international
      organizations, and the members of their immediate families;
        (v) attendants, servants, and personal employees of any such
      representative, officer, or employee, and the members of the
      immediate families of such attendants, servants, and personal
      employees;
        (H) an alien (i) [(a) Repealed. Pub. L. 106-95, Sec. 2(c), Nov.
      12, 1999, 113 Stat. 1316] (b) subject to section 1182(j)(2) of
      this title, who is coming temporarily to the United States to
      perform services (other than services described in subclause (a)
      during the period in which such subclause applies and other than
      services described in subclause (ii)(a) or in subparagraph (O) or
      (P)) in a specialty occupation described in section 1184(i)(1) of
      this title or as a fashion model, who meets the requirements for
      the occupation specified in section 1184(i)(2) of this title or,
      in the case of a fashion model, is of distinguished merit and
      ability, and with respect to whom the Secretary of Labor
      determines and certifies to the Attorney General that the
      intending employer has filed with the Secretary an application
      under section 1182(n)(1) of this title, or (b1) who is entitled
      to enter the United States under and in pursuance of the
      provisions of an agreement listed in section 1184(g)(8)(A) of
      this title, who is engaged in a specialty occupation described in
      section 1184(i)(3) of this title, and with respect to whom the
      Secretary of Labor determines and certifies to the Secretary of
      Homeland Security and the Secretary of State that the intending
      employer has filed with the Secretary of Labor an attestation
      under section 1182(t)(1) of this title, or (c) who is coming
      temporarily to the United States to perform services as a
      registered nurse, who meets the qualifications described in
      section 1182(m)(1) of this title, and with respect to whom the
      Secretary of Labor determines and certifies to the Attorney
      General that an unexpired attestation is on file and in effect
      under section 1182(m)(2) of this title for the facility (as
      defined in section 1182(m)(6) of this title) for which the alien
      will perform the services; or (ii)(a) having a residence in a
      foreign country which he has no intention of abandoning who is
      coming temporarily to the United States to perform agricultural
      labor or services, as defined by the Secretary of Labor in
      regulations and including agricultural labor defined in section
      3121(g) of title 26, agriculture as defined in section 203(f) of
      title 29, and the pressing of apples for cider on a farm, of a
      temporary or seasonal nature, or (b) having a residence in a
      foreign country which he has no intention of abandoning who is
      coming temporarily to the United States to perform other
      temporary service or labor if unemployed persons capable of
      performing such service or labor cannot be found in this country,
      but this clause shall not apply to graduates of medical schools
      coming to the United States to perform services as members of the
      medical profession; or (iii) having a residence in a foreign
      country which he has no intention of abandoning who is coming
      temporarily to the United States as a trainee, other than to
      receive graduate medical education or training, in a training
      program that is not designed primarily to provide productive
      employment; and the alien spouse and minor children of any such
      alien specified in this paragraph if accompanying him or
      following to join him;
        (I) upon a basis of reciprocity, an alien who is a bona fide
      representative of foreign press, radio, film, or other foreign
      information media, who seeks to enter the United States solely to
      engage in such vocation, and the spouse and children of such a
      representative, if accompanying or following to join him;
        (J) an alien having a residence in a foreign country which he
      has no intention of abandoning who is a bona fide student,
      scholar, trainee, teacher, professor, research assistant,
      specialist, or leader in a field of specialized knowledge or
      skill, or other person of similar description, who is coming
      temporarily to the United States as a participant in a program
      designated by the Director of the United States Information
      Agency, for the purpose of teaching, instructing or lecturing,
      studying, observing, conducting research, consulting,
      demonstrating special skills, or receiving training and who, if
      he is coming to the United States to participate in a program
      under which he will receive graduate medical education or
      training, also meets the requirements of section 1182(j) of this
      title, and the alien spouse and minor children of any such alien
      if accompanying him or following to join him;
        (K) subject to subsections (d) and (p) (!2) of section 1184 of
      this title, an alien who - 

          (i) is the fianceée or fianceé of a citizen of the
        United States (other than a citizen described in section
        1154(a)(1)(A)(viii)(I) of this title) and who seeks to enter
        the United States solely to conclude a valid marriage with the
        petitioner within ninety days after admission;
          (ii) has concluded a valid marriage with a citizen of the
        United States (other than a citizen described in section
        1154(a)(1)(A)(viii)(I) of this title) who is the petitioner, is
        the beneficiary of a petition to accord a status under section
        1151(b)(2)(A)(i) of this title that was filed under section
        1154 of this title by the petitioner, and seeks to enter the
        United States to await the approval of such petition and the
        availability to the alien of an immigrant visa; or
          (iii) is the minor child of an alien described in clause (i)
        or (ii) and is accompanying, or following to join, the alien;

        (L) subject to section 1184(c)(2) of this title, an alien who,
      within 3 years preceding the time of his application for
      admission into the United States, has been employed continuously
      for one year by a firm or corporation or other legal entity or an
      affiliate or subsidiary thereof and who seeks to enter the United
      States temporarily in order to continue to render his services to
      the same employer or a subsidiary or affiliate thereof in a
      capacity that is managerial, executive, or involves specialized
      knowledge, and the alien spouse and minor children of any such
      alien if accompanying him or following to join him;
        (M)(i) an alien having a residence in a foreign country which
      he has no intention of abandoning who seeks to enter the United
      States temporarily and solely for the purpose of pursuing a full
      course of study at an established vocational or other recognized
      nonacademic institution (other than in a language training
      program) in the United States particularly designated by him and
      approved by the Attorney General, after consultation with the
      Secretary of Education, which institution shall have agreed to
      report to the Attorney General the termination of attendance of
      each nonimmigrant nonacademic student and if any such institution
      fails to make reports promptly the approval shall be withdrawn,
      (ii) the alien spouse and minor children of any alien described
      in clause (i) if accompanying or following to join such an alien,
      and (iii) an alien who is a national of Canada or Mexico, who
      maintains actual residence and place of abode in the country of
      nationality, who is described in clause (i) except that the
      alien's course of study may be full or part-time, and who
      commutes to the United States institution or place of study from
      Canada or Mexico;
        (N)(i) the parent of an alien accorded the status of special
      immigrant under paragraph (27)(I)(i) (or under analogous
      authority under paragraph (27)(L)), but only if and while the
      alien is a child, or
        (ii) a child of such parent or of an alien accorded the status
      of a special immigrant under clause (ii), (iii), or (iv) of
      paragraph (27)(I) (or under analogous authority under paragraph
      (27)(L));
        (O) an alien who - 
          (i) has extraordinary ability in the sciences, arts,
        education, business, or athletics which has been demonstrated
        by sustained national or international acclaim or, with regard
        to motion picture and television productions a demonstrated
        record of extraordinary achievement, and whose achievements
        have been recognized in the field through extensive
        documentation, and seeks to enter the United States to continue
        work in the area of extraordinary ability; or
          (ii)(I) seeks to enter the United States temporarily and
        solely for the purpose of accompanying and assisting in the
        artistic or athletic performance by an alien who is admitted
        under clause (i) for a specific event or events,
          (II) is an integral part of such actual performance,
          (III)(a) has critical skills and experience with such alien
        which are not of a general nature and which cannot be performed
        by other individuals, or (b) in the case of a motion picture or
        television production, has skills and experience with such
        alien which are not of a general nature and which are critical
        either based on a pre-existing longstanding working
        relationship or, with respect to the specific production,
        because significant production (including pre- and post-
        production work) will take place both inside and outside the
        United States and the continuing participation of the alien is
        essential to the successful completion of the production, and
          (IV) has a foreign residence which the alien has no intention
        of abandoning; or
          (iii) is the alien spouse or child of an alien described in
        clause (i) or (ii) and is accompanying, or following to join,
        the alien;

        (P) an alien having a foreign residence which the alien has no
      intention of abandoning who - 
          (i)(a) is described in section 1184(c)(4)(A) of this title
        (relating to athletes), or (b) is described in section
        1184(c)(4)(B) of this title (relating to entertainment groups);
          (ii)(I) performs as an artist or entertainer, individually or
        as part of a group, or is an integral part of the performance
        of such a group, and
          (II) seeks to enter the United States temporarily and solely
        for the purpose of performing as such an artist or entertainer
        or with such a group under a reciprocal exchange program which
        is between an organization or organizations in the United
        States and an organization or organizations in one or more
        foreign states and which provides for the temporary exchange of
        artists and entertainers, or groups of artists and
        entertainers;
          (iii)(I) performs as an artist or entertainer, individually
        or as part of a group, or is an integral part of the
        performance of such a group, and
          (II) seeks to enter the United States temporarily and solely
        to perform, teach, or coach as such an artist or entertainer or
        with such a group under a commercial or noncommercial program
        that is culturally unique; or
          (iv) is the spouse or child of an alien described in clause
        (i), (ii), or (iii) and is accompanying, or following to join,
        the alien;

        (Q) an alien having a residence in a foreign country which he
      has no intention of abandoning who is coming temporarily (for a
      period not to exceed 15 months) to the United States as a
      participant in an international cultural exchange program
      approved by the Secretary of Homeland Security for the purpose of
      providing practical training, employment, and the sharing of the
      history, culture, and traditions of the country of the alien's
      nationality and who will be employed under the same wages and
      working conditions as domestic workers;
        (R) an alien, and the spouse and children of the alien if
      accompanying or following to join the alien, who - 
          (i) for the 2 years immediately preceding the time of
        application for admission, has been a member of a religious
        denomination having a bona fide nonprofit, religious
        organization in the United States; and
          (ii) seeks to enter the United States for a period not to
        exceed 5 years to perform the work described in subclause (I),
        (II), or (III) of paragraph (27)(C)(ii);

        (S) subject to section 1184(k) of this title, an alien - 
          (i) who the Attorney General determines - 
            (I) is in possession of critical reliable information
          concerning a criminal organization or enterprise;
            (II) is willing to supply or has supplied such information
          to Federal or State law enforcement authorities or a Federal
          or State court; and
            (III) whose presence in the United States the Attorney
          General determines is essential to the success of an
          authorized criminal investigation or the successful
          prosecution of an individual involved in the criminal
          organization or enterprise; or

          (ii) who the Secretary of State and the Attorney General
        jointly determine - 
            (I) is in possession of critical reliable information
          concerning a terrorist organization, enterprise, or
          operation;
            (II) is willing to supply or has supplied such information
          to Federal law enforcement authorities or a Federal court;
            (III) will be or has been placed in danger as a result of
          providing such information; and
            (IV) is eligible to receive a reward under section 2708(a)
          of title 22,

      and, if the Attorney General (or with respect to clause (ii), the
      Secretary of State and the Attorney General jointly) considers it
      to be appropriate, the spouse, married and unmarried sons and
      daughters, and parents of an alien described in clause (i) or
      (ii) if accompanying, or following to join, the alien;
        (T)(i) subject to section 1184(o) of this title, an alien who
      the Secretary of Homeland Security, or in the case of subclause
      (III)(aa) the Secretary of Homeland Security, in consultation
      with the Attorney General, determines - 
          (I) is or has been a victim of a severe form of trafficking
        in persons, as defined in section 7102 of title 22;
          (II) is physically present in the United States, American
        Samoa, or the Commonwealth of the Northern Mariana Islands, or
        at a port of entry thereto, on account of such trafficking,
        including physical presence on account of the alien having been
        allowed entry into the United States for participation in
        investigative or judicial processes associated with an act or a
        perpetrator of trafficking;
          (III)(aa) has complied with any reasonable request for
        assistance in the Federal, State, or local investigation or
        prosecution of acts of trafficking or the investigation of
        crime where acts of trafficking are at least one central reason
        for the commission of that crime;
          (bb) in consultation with the Attorney General, as
        appropriate, is unable to cooperate with a request described in
        item (aa) due to physical or psychological trauma; or
          (cc) has not attained 18 years of age; and
          (IV) the alien (!3) would suffer extreme hardship involving
        unusual and severe harm upon removal; and


        (ii) if accompanying, or following to join, the alien described
      in clause (i) - 
          (I) in the case of an alien described in clause (i) who is
        under 21 years of age, the spouse, children, unmarried siblings
        under 18 years of age on the date on which such alien applied
        for status under such clause, and parents of such alien;
          (II) in the case of an alien described in clause (i) who is
        21 years of age or older, the spouse and children of such
        alien; or
          (III) any parent or unmarried sibling under 18 years of age
        of an alien described in subclause (I) or (II) who the
        Secretary of Homeland Security, in consultation with the law
        enforcement officer investigating a severe form of trafficking,
        determines faces a present danger of retaliation as a result of
        the alien's escape from the severe form of trafficking or
        cooperation with law enforcement.

        (U)(i) subject to section 1184(p) of this title, an alien who
      files a petition for status under this subparagraph, if the
      Secretary of Homeland Security determines that - 
          (I) the alien has suffered substantial physical or mental
        abuse as a result of having been a victim of criminal activity
        described in clause (iii);
          (II) the alien (or in the case of an alien child under the
        age of 16, the parent, guardian, or next friend of the alien)
        possesses information concerning criminal activity described in
        clause (iii);
          (III) the alien (or in the case of an alien child under the
        age of 16, the parent, guardian, or next friend of the alien)
        has been helpful, is being helpful, or is likely to be helpful
        to a Federal, State, or local law enforcement official, to a
        Federal, State, or local prosecutor, to a Federal or State
        judge, to the Service, or to other Federal, State, or local
        authorities investigating or prosecuting criminal activity
        described in clause (iii); and
          (IV) the criminal activity described in clause (iii) violated
        the laws of the United States or occurred in the United States
        (including in Indian country and military installations) or the
        territories and possessions of the United States;

        (ii) if accompanying, or following to join, the alien described
      in clause (i) - 
          (I) in the case of an alien described in clause (i) who is
        under 21 years of age, the spouse, children, unmarried siblings
        under 18 years of age on the date on which such alien applied
        for status under such clause, and parents of such alien; or
          (II) in the case of an alien described in clause (i) who is
        21 years of age or older, the spouse and children of such
        alien; and

        (iii) the criminal activity referred to in this clause is that
      involving one or more of the following or any similar activity in
      violation of Federal, State, or local criminal law: rape;
      torture; trafficking; incest; domestic violence; sexual assault;
      abusive sexual contact; prostitution; sexual exploitation; female
      genital mutilation; being held hostage; peonage; involuntary
      servitude; slave trade; kidnapping; abduction; unlawful criminal
      restraint; false imprisonment; blackmail; extortion;
      manslaughter; murder; felonious assault; witness tampering;
      obstruction of justice; perjury; or attempt, conspiracy, or
      solicitation to commit any of the above mentioned crimes; or
        (V) subject to section 1184(q) of this title, an alien who is
      the beneficiary (including a child of the principal alien, if
      eligible to receive a visa under section 1153(d) of this title)
      of a petition to accord a status under section 1153(a)(2)(A) of
      this title that was filed with the Attorney General under section
      1154 of this title on or before December 21, 2000, if - 
          (i) such petition has been pending for 3 years or more; or
          (ii) such petition has been approved, 3 years or more have
        elapsed since such filing date, and - 
            (I) an immigrant visa is not immediately available to the
          alien because of a waiting list of applicants for visas under
          section 1153(a)(2)(A) of this title; or
            (II) the alien's application for an immigrant visa, or the
          alien's application for adjustment of status under section
          1255 of this title, pursuant to the approval of such
          petition, remains pending.

      (16) The term "immigrant visa" means an immigrant visa required
    by this chapter and properly issued by a consular officer at his
    office outside of the United States to an eligible immigrant under
    the provisions of this chapter.
      (17) The term "immigration laws" includes this chapter and all
    laws, conventions, and treaties of the United States relating to
    the immigration, exclusion, deportation, expulsion, or removal of
    aliens.
      (18) The term "immigration officer" means any employee or class
    of employees of the Service or of the United States designated by
    the Attorney General, individually or by regulation, to perform the
    functions of an immigration officer specified by this chapter or
    any section of this title.
      (19) The term "ineligible to citizenship," when used in reference
    to any individual, means, notwithstanding the provisions of any
    treaty relating to military service, an individual who is, or was
    at any time permanently debarred from becoming a citizen of the
    United States under section 3(a) of the Selective Training and
    Service Act of 1940, as amended (54 Stat. 885; 55 Stat. 844), or
    under section 4(a) of the Selective Service Act of 1948, as amended
    (62 Stat. 605; 65 Stat. 76) [50 U.S.C. App. 454(a)], or under any
    section of this chapter, or any other Act, or under any law
    amendatory of, supplementary to, or in substitution for, any of
    such sections or Acts.
      (20) The term "lawfully admitted for permanent residence" means
    the status of having been lawfully accorded the privilege of
    residing permanently in the United States as an immigrant in
    accordance with the immigration laws, such status not having
    changed.
      (21) The term "national" means a person owing permanent
    allegiance to a state.
      (22) The term "national of the United States" means (A) a citizen
    of the United States, or (B) a person who, though not a citizen of
    the United States, owes permanent allegiance to the United States.
      (23) The term "naturalization" means the conferring of
    nationality of a state upon a person after birth, by any means
    whatsoever.
      (24) Repealed. Pub. L. 102-232, title III, Sec. 305(m)(1), Dec.
    12, 1991, 105 Stat. 1750.
      (25) The term "noncombatant service" shall not include service in
    which the individual is not subject to military discipline, court
    martial, or does not wear the uniform of any branch of the armed
    forces.
      (26) The term "nonimmigrant visa" means a visa properly issued to
    an alien as an eligible nonimmigrant by a competent officer as
    provided in this chapter.
      (27) The term "special immigrant" means - 
        (A) an immigrant, lawfully admitted for permanent residence,
      who is returning from a temporary visit abroad;
        (B) an immigrant who was a citizen of the United States and
      may, under section 1435(a) or 1438 of this title, apply for
      reacquisition of citizenship;
        (C) an immigrant, and the immigrant's spouse and children if
      accompanying or following to join the immigrant, who - 
          (i) for at least 2 years immediately preceding the time of
        application for admission, has been a member of a religious
        denomination having a bona fide nonprofit, religious
        organization in the United States;
          (ii) seeks to enter the United States - 
            (I) solely for the purpose of carrying on the vocation of a
          minister of that religious denomination,
            (II) before September 30, 2012, in order to work for the
          organization at the request of the organization in a
          professional capacity in a religious vocation or occupation,
          or
            (III) before September 30, 2012, in order to work for the
          organization (or for a bona fide organization which is
          affiliated with the religious denomination and is exempt from
          taxation as an organization described in section 501(c)(3) of
          title 26) at the request of the organization in a religious
          vocation or occupation; and

          (iii) has been carrying on such vocation, professional work,
        or other work continuously for at least the 2-year period
        described in clause (i);

        (D) an immigrant who is an employee, or an honorably retired
      former employee, of the United States Government abroad, or of
      the American Institute in Taiwan, and who has performed faithful
      service for a total of fifteen years, or more, and his
      accompanying spouse and children: Provided, That the principal
      officer of a Foreign Service establishment (or, in the case of
      the American Institute in Taiwan, the Director thereof), in his
      discretion, shall have recommended the granting of special
      immigrant status to such alien in exceptional circumstances and
      the Secretary of State approves such recommendation and finds
      that it is in the national interest to grant such status;
        (E) an immigrant, and his accompanying spouse and children, who
      is or has been an employee of the Panama Canal Company or Canal
      Zone Government before the date on which the Panama Canal Treaty
      of 1977 (as described in section 3602(a)(1) of title 22) enters
      into force [October 1, 1979], who was resident in the Canal Zone
      on the effective date of the exchange of instruments of
      ratification of such Treaty [April 1, 1979], and who has
      performed faithful service as such an employee for one year or
      more;
        (F) an immigrant, and his accompanying spouse and children, who
      is a Panamanian national and (i) who, before the date on which
      such Panama Canal Treaty of 1977 enters into force [October 1,
      1979], has been honorably retired from United States Government
      employment in the Canal Zone with a total of 15 years or more of
      faithful service, or (ii) who, on the date on which such Treaty
      enters into force, has been employed by the United States
      Government in the Canal Zone with a total of 15 years or more of
      faithful service and who subsequently is honorably retired from
      such employment or continues to be employed by the United States
      Government in an area of the former Canal Zone;
        (G) an immigrant, and his accompanying spouse and children, who
      was an employee of the Panama Canal Company or Canal Zone
      Government on the effective date of the exchange of instruments
      of ratification of such Panama Canal Treaty of 1977 [April 1,
      1979], who has performed faithful service for five years or more
      as such an employee, and whose personal safety, or the personal
      safety of whose spouse or children, as a direct result of such
      Treaty, is reasonably placed in danger because of the special
      nature of any of that employment;
        (H) an immigrant, and his accompanying spouse and children, who
      - 
          (i) has graduated from a medical school or has qualified to
        practice medicine in a foreign state,
          (ii) was fully and permanently licensed to practice medicine
        in a State on January 9, 1978, and was practicing medicine in a
        State on that date,
          (iii) entered the United States as a nonimmigrant under
        subsection (a)(15)(H) or (a)(15)(J) of this section before
        January 10, 1978, and
          (iv) has been continuously present in the United States in
        the practice or study of medicine since the date of such entry;

        (I)(i) an immigrant who is the unmarried son or daughter of an
      officer or employee, or of a former officer or employee, of an
      international organization described in paragraph (15)(G)(i), and
      who (I) while maintaining the status of a nonimmigrant under
      paragraph (15)(G)(iv) or paragraph (15)(N), has resided and been
      physically present in the United States for periods totaling at
      least one-half of the seven years before the date of application
      for a visa or for adjustment of status to a status under this
      subparagraph and for a period or periods aggregating at least
      seven years between the ages of five and 21 years, and (II)
      applies for a visa or adjustment of status under this
      subparagraph no later than his twenty-fifth birthday or six
      months after October 24, 1988, whichever is later;
        (ii) an immigrant who is the surviving spouse of a deceased
      officer or employee of such an international organization, and
      who (I) while maintaining the status of a nonimmigrant under
      paragraph (15)(G)(iv) or paragraph (15)(N), has resided and been
      physically present in the United States for periods totaling at
      least one-half of the seven years before the date of application
      for a visa or for adjustment of status to a status under this
      subparagraph and for a period or periods aggregating at least 15
      years before the date of the death of such officer or employee,
      and (II) files a petition for status under this subparagraph no
      later than six months after the date of such death or six months
      after October 24, 1988, whichever is later;
        (iii) an immigrant who is a retired officer or employee of such
      an international organization, and who (I) while maintaining the
      status of a nonimmigrant under paragraph (15)(G)(iv), has resided
      and been physically present in the United States for periods
      totaling at least one-half of the seven years before the date of
      application for a visa or for adjustment of status to a status
      under this subparagraph and for a period or periods aggregating
      at least 15 years before the date of the officer or employee's
      retirement from any such international organization, and (II)
      files a petition for status under this subparagraph no later than
      six months after the date of such retirement or six months after
      October 25, 1994, whichever is later; or
        (iv) an immigrant who is the spouse of a retired officer or
      employee accorded the status of special immigrant under clause
      (iii), accompanying or following to join such retired officer or
      employee as a member of his immediate family;
        (J) an immigrant who is present in the United States - 
          (i) who has been declared dependent on a juvenile court
        located in the United States or whom such a court has legally
        committed to, or placed under the custody of, an agency or
        department of a State, or an individual or entity appointed by
        a State or juvenile court located in the United States, and
        whose reunification with 1 or both of the immigrant's parents
        is not viable due to abuse, neglect, abandonment, or a similar
        basis found under State law;
          (ii) for whom it has been determined in administrative or
        judicial proceedings that it would not be in the alien's best
        interest to be returned to the alien's or parent's previous
        country of nationality or country of last habitual residence;
        and
          (iii) in whose case the Secretary of Homeland Security
        consents to the grant of special immigrant juvenile status,
        except that - 
            (I) no juvenile court has jurisdiction to determine the
          custody status or placement of an alien in the custody of the
          Secretary of Health and Human Services unless the Secretary
          of Health and Human Services specifically consents to such
          jurisdiction; and
            (II) no natural parent or prior adoptive parent of any
          alien provided special immigrant status under this
          subparagraph shall thereafter, by virtue of such parentage,
          be accorded any right, privilege, or status under this
          chapter;

        (K) an immigrant who has served honorably on active duty in the
      Armed Forces of the United States after October 15, 1978, and
      after original lawful enlistment outside the United States (under
      a treaty or agreement in effect on October 1, 1991) for a period
      or periods aggregating - 
          (i) 12 years and who, if separated from such service, was
        never separated except under honorable conditions, or
          (ii) 6 years, in the case of an immigrant who is on active
        duty at the time of seeking special immigrant status under this
        subparagraph and who has reenlisted to incur a total active
        duty service obligation of at least 12 years,

      and the spouse or child of any such immigrant if accompanying or
      following to join the immigrant, but only if the executive
      department under which the immigrant serves or served recommends
      the granting of special immigrant status to the immigrant;
        (L) an immigrant who would be described in clause (i), (ii),
      (iii), or (iv) of subparagraph (I) if any reference in such a
      clause - 
          (i) to an international organization described in paragraph
        (15)(G)(i) were treated as a reference to the North Atlantic
        Treaty Organization (NATO);
          (ii) to a nonimmigrant under paragraph (15)(G)(iv) were
        treated as a reference to a nonimmigrant classifiable under
        NATO-6 (as a member of a civilian component accompanying a
        force entering in accordance with the provisions of the NATO
        Status-of-Forces Agreement, a member of a civilian component
        attached to or employed by an Allied Headquarters under the
        "Protocol on the Status of International Military Headquarters"
        set up pursuant to the North Atlantic Treaty, or as a
        dependent); and
          (iii) to the Immigration Technical Corrections Act of 1988 or
        to the Immigration and Nationality Technical Corrections Act of
        1994 were a reference to the American Competitiveness and
        Workforce Improvement Act of 1998 (!4)


        (M) subject to the numerical limitations of section 1153(b)(4)
      of this title, an immigrant who seeks to enter the United States
      to work as a broadcaster in the United States for the
      International Broadcasting Bureau of the Broadcasting Board of
      Governors, or for a grantee of the Broadcasting Board of
      Governors, and the immigrant's accompanying spouse and children.

      (28) The term "organization" means, but is not limited to, an
    organization, corporation, company, partnership, association,
    trust, foundation or fund; and includes a group of persons, whether
    or not incorporated, permanently or temporarily associated together
    with joint action on any subject or subjects.
      (29) The term "outlying possessions of the United States" means
    American Samoa and Swains Island.
      (30) The term "passport" means any travel document issued by
    competent authority showing the bearer's origin, identity, and
    nationality if any, which is valid for the admission of the bearer
    into a foreign country.
      (31) The term "permanent" means a relationship of continuing or
    lasting nature, as distinguished from temporary, but a relationship
    may be permanent even though it is one that may be dissolved
    eventually at the instance either of the United States or of the
    individual, in accordance with law.
      (32) The term "profession" shall include but not be limited to
    architects, engineers, lawyers, physicians, surgeons, and teachers
    in elementary or secondary schools, colleges, academies, or
    seminaries.
      (33) The term "residence" means the place of general abode; the
    place of general abode of a person means his principal, actual
    dwelling place in fact, without regard to intent.
      (34) The term "Service" means the Immigration and Naturalization
    Service of the Department of Justice.
      (35) The term "spouse", "wife", or "husband" do not include a
    spouse, wife, or husband by reason of any marriage ceremony where
    the contracting parties thereto are not physically present in the
    presence of each other, unless the marriage shall have been
    consummated.
      (36) The term "State" includes the District of Columbia, Puerto
    Rico, Guam, the Virgin Islands of the United States, and the
    Commonwealth of the Northern Mariana Islands.
      (37) The term "totalitarian party" means an organization which
    advocates the establishment in the United States of a totalitarian
    dictatorship or totalitarianism. The terms "totalitarian
    dictatorship" and "totalitarianism" mean and refer to systems of
    government not representative in fact, characterized by (A) the
    existence of a single political party, organized on a dictatorial
    basis, with so close an identity between such party and its
    policies and the governmental policies of the country in which it
    exists, that the party and the government constitute an
    indistinguishable unit, and (B) the forcible suppression of
    opposition to such party.
      (38) The term "United States", except as otherwise specifically
    herein provided, when used in a geographical sense, means the
    continental United States, Alaska, Hawaii, Puerto Rico, Guam, the
    Virgin Islands of the United States, and the Commonwealth of the
    Northern Mariana Islands.
      (39) The term "unmarried", when used in reference to any
    individual as of any time, means an individual who at such time is
    not married, whether or not previously married.
      (40) The term "world communism" means a revolutionary movement,
    the purpose of which is to establish eventually a Communist
    totalitarian dictatorship in any or all the countries of the world
    through the medium of an internationally coordinated Communist
    political movement.
      (41) The term "graduates of a medical school" means aliens who
    have graduated from a medical school or who have qualified to
    practice medicine in a foreign state, other than such aliens who
    are of national or international renown in the field of medicine.
      (42) The term "refugee" means (A) any person who is outside any
    country of such person's nationality or, in the case of a person
    having no nationality, is outside any country in which such person
    last habitually resided, and who is unable or unwilling to return
    to, and is unable or unwilling to avail himself or herself of the
    protection of, that country because of persecution or a well-
    founded fear of persecution on account of race, religion,
    nationality, membership in a particular social group, or political
    opinion, or (B) in such special circumstances as the President
    after appropriate consultation (as defined in section 1157(e) of
    this title) may specify, any person who is within the country of
    such person's nationality or, in the case of a person having no
    nationality, within the country in which such person is habitually
    residing, and who is persecuted or who has a well-founded fear of
    persecution on account of race, religion, nationality, membership
    in a particular social group, or political opinion. The term
    "refugee" does not include any person who ordered, incited,
    assisted, or otherwise participated in the persecution of any
    person on account of race, religion, nationality, membership in a
    particular social group, or political opinion. For purposes of
    determinations under this chapter, a person who has been forced to
    abort a pregnancy or to undergo involuntary sterilization, or who
    has been persecuted for failure or refusal to undergo such a
    procedure or for other resistance to a coercive population control
    program, shall be deemed to have been persecuted on account of
    political opinion, and a person who has a well founded fear that he
    or she will be forced to undergo such a procedure or subject to
    persecution for such failure, refusal, or resistance shall be
    deemed to have a well founded fear of persecution on account of
    political opinion.
      (43) The term "aggravated felony" means - 
        (A) murder, rape, or sexual abuse of a minor;
        (B) illicit trafficking in a controlled substance (as defined
      in section 802 of title 21), including a drug trafficking crime
      (as defined in section 924(c) of title 18);
        (C) illicit trafficking in firearms or destructive devices (as
      defined in section 921 of title 18) or in explosive materials (as
      defined in section 841(c) of that title);
        (D) an offense described in section 1956 of title 18 (relating
      to laundering of monetary instruments) or section 1957 of that
      title (relating to engaging in monetary transactions in property
      derived from specific unlawful activity) if the amount of the
      funds exceeded $10,000;
        (E) an offense described in - 
          (i) section 842(h) or (i) of title 18, or section 844(d),
        (e), (f), (g), (h), or (i) of that title (relating to explosive
        materials offenses);
          (ii) section 922(g)(1), (2), (3), (4), or (5), (j), (n), (o),
        (p), or (r) or 924(b) or (h) of title 18 (relating to firearms
        offenses); or
          (iii) section 5861 of title 26 (relating to firearms
        offenses);

        (F) a crime of violence (as defined in section 16 of title 18,
      but not including a purely political offense) for which the term
      of imprisonment at (!5) least one year;

        (G) a theft offense (including receipt of stolen property) or
      burglary offense for which the term of imprisonment at (!5) least
      one year;
        (H) an offense described in section 875, 876, 877, or 1202 of
      title 18 (relating to the demand for or receipt of ransom);
        (I) an offense described in section 2251, 2251A, or 2252 of
      title 18 (relating to child pornography);
        (J) an offense described in section 1962 of title 18 (relating
      to racketeer influenced corrupt organizations), or an offense
      described in section 1084 (if it is a second or subsequent
      offense) or 1955 of that title (relating to gambling offenses),
      for which a sentence of one year imprisonment or more may be
      imposed;
        (K) an offense that - 
          (i) relates to the owning, controlling, managing, or
        supervising of a prostitution business;
          (ii) is described in section 2421, 2422, or 2423 of title 18
        (relating to transportation for the purpose of prostitution) if
        committed for commercial advantage; or
          (iii) is described in any of sections 1581-1585 or 1588-1591
        of title 18 (relating to peonage, slavery, involuntary
        servitude, and trafficking in persons);

        (L) an offense described in - 
          (i) section 793 (relating to gathering or transmitting
        national defense information), 798 (relating to disclosure of
        classified information), 2153 (relating to sabotage) or 2381 or
        2382 (relating to treason) of title 18;
          (ii) section 421 of title 50 (relating to protecting the
        identity of undercover intelligence agents); or
          (iii) section 421 of title 50 (relating to protecting the
        identity of undercover agents);

        (M) an offense that - 
          (i) involves fraud or deceit in which the loss to the victim
        or victims exceeds $10,000; or
          (ii) is described in section 7201 of title 26 (relating to
        tax evasion) in which the revenue loss to the Government
        exceeds $10,000;

        (N) an offense described in paragraph (1)(A) or (2) of section
      1324(a) of this title (relating to alien smuggling), except in
      the case of a first offense for which the alien has affirmatively
      shown that the alien committed the offense for the purpose of
      assisting, abetting, or aiding only the alien's spouse, child, or
      parent (and no other individual) to violate a provision of this
      chapter (!6)

        (O) an offense described in section 1325(a) or 1326 of this
      title committed by an alien who was previously deported on the
      basis of a conviction for an offense described in another
      subparagraph of this paragraph;
        (P) an offense (i) which either is falsely making, forging,
      counterfeiting, mutilating, or altering a passport or instrument
      in violation of section 1543 of title 18 or is described in
      section 1546(a) of such title (relating to document fraud) and
      (ii) for which the term of imprisonment is at least 12 months,
      except in the case of a first offense for which the alien has
      affirmatively shown that the alien committed the offense for the
      purpose of assisting, abetting, or aiding only the alien's
      spouse, child, or parent (and no other individual) to violate a
      provision of this chapter;
        (Q) an offense relating to a failure to appear by a defendant
      for service of sentence if the underlying offense is punishable
      by imprisonment for a term of 5 years or more;
        (R) an offense relating to commercial bribery, counterfeiting,
      forgery, or trafficking in vehicles the identification numbers of
      which have been altered for which the term of imprisonment is at
      least one year;
        (S) an offense relating to obstruction of justice, perjury or
      subornation of perjury, or bribery of a witness, for which the
      term of imprisonment is at least one year;
        (T) an offense relating to a failure to appear before a court
      pursuant to a court order to answer to or dispose of a charge of
      a felony for which a sentence of 2 years' imprisonment or more
      may be imposed; and
        (U) an attempt or conspiracy to commit an offense described in
      this paragraph.

    The term applies to an offense described in this paragraph whether
    in violation of Federal or State law and applies to such an offense
    in violation of the law of a foreign country for which the term of
    imprisonment was completed within the previous 15 years.
    Notwithstanding any other provision of law (including any effective
    date), the term applies regardless of whether the conviction was
    entered before, on, or after September 30, 1996.
      (44)(A) The term "managerial capacity" means an assignment within
    an organization in which the employee primarily - 
        (i) manages the organization, or a department, subdivision,
      function, or component of the organization;
        (ii) supervises and controls the work of other supervisory,
      professional, or managerial employees, or manages an essential
      function within the organization, or a department or subdivision
      of the organization;
        (iii) if another employee or other employees are directly
      supervised, has the authority to hire and fire or recommend those
      as well as other personnel actions (such as promotion and leave
      authorization) or, if no other employee is directly supervised,
      functions at a senior level within the organizational hierarchy
      or with respect to the function managed; and
        (iv) exercises discretion over the day-to-day operations of the
      activity or function for which the employee has authority.

    A first-line supervisor is not considered to be acting in a
    managerial capacity merely by virtue of the supervisor's
    supervisory duties unless the employees supervised are
    professional.
      (B) The term "executive capacity" means an assignment within an
    organization in which the employee primarily - 
        (i) directs the management of the organization or a major
      component or function of the organization;
        (ii) establishes the goals and policies of the organization,
      component, or function;
        (iii) exercises wide latitude in discretionary decision-making;
      and
        (iv) receives only general supervision or direction from higher
      level executives, the board of directors, or stockholders of the
      organization.

      (C) If staffing levels are used as a factor in determining
    whether an individual is acting in a managerial or executive
    capacity, the Attorney General shall take into account the
    reasonable needs of the organization, component, or function in
    light of the overall purpose and stage of development of the
    organization, component, or function. An individual shall not be
    considered to be acting in a managerial or executive capacity (as
    previously defined) merely on the basis of the number of employees
    that the individual supervises or has supervised or directs or has
    directed.
      (45) The term "substantial" means, for purposes of paragraph
    (15)(E) with reference to trade or capital, such an amount of trade
    or capital as is established by the Secretary of State, after
    consultation with appropriate agencies of Government.
      (46) The term "extraordinary ability" means, for purposes of
    subsection (a)(15)(O)(i) of this section, in the case of the arts,
    distinction.
      (47)(A) The term "order of deportation" means the order of the
    special inquiry officer, or other such administrative officer to
    whom the Attorney General has delegated the responsibility for
    determining whether an alien is deportable, concluding that the
    alien is deportable or ordering deportation.
      (B) The order described under subparagraph (A) shall become final
    upon the earlier of - 
        (i) a determination by the Board of Immigration Appeals
      affirming such order; or
        (ii) the expiration of the period in which the alien is
      permitted to seek review of such order by the Board of
      Immigration Appeals.

      (48)(A) The term "conviction" means, with respect to an alien, a
    formal judgment of guilt of the alien entered by a court or, if
    adjudication of guilt has been withheld, where - 
        (i) a judge or jury has found the alien guilty or the alien has
      entered a plea of guilty or nolo contendere or has admitted
      sufficient facts to warrant a finding of guilt, and
        (ii) the judge has ordered some form of punishment, penalty, or
      restraint on the alien's liberty to be imposed.

      (B) Any reference to a term of imprisonment or a sentence with
    respect to an offense is deemed to include the period of
    incarceration or confinement ordered by a court of law regardless
    of any suspension of the imposition or execution of that
    imprisonment or sentence in whole or in part.
      (49) The term "stowaway" means any alien who obtains
    transportation without the consent of the owner, charterer, master
    or person in command of any vessel or aircraft through concealment
    aboard such vessel or aircraft. A passenger who boards with a valid
    ticket is not to be considered a stowaway.
      (50) The term "intended spouse" means any alien who meets the
    criteria set forth in section 1154(a)(1)(A)(iii)(II)(aa)(BB),
    1154(a)(1)(B)(ii)(II)(aa)(BB), or 1229b(b)(2)(A)(i)(III) of this
    title.
      (51) The term "VAWA self-petitioner" means an alien, or a child
    of the alien, who qualifies for relief under - 
        (A) clause (iii), (iv), or (vii) of section 1154(a)(1)(A) of
      this title;
        (B) clause (ii) or (iii) of section 1154(a)(1)(B) of this
      title;
        (C) section 1186a(c)(4)(C) of this title;
        (D) the first section of Public Law 89-732 (8 U.S.C. 1255 note)
      (commonly known as the Cuban Adjustment Act) as a child or spouse
      who has been battered or subjected to extreme cruelty;
        (E) section 902(d)(1)(B) of the Haitian Refugee Immigration
      Fairness Act of 1998 (8 U.S.C. 1255 note);
        (F) section 202(d)(1) of the Nicaraguan Adjustment and Central
      American Relief Act; or
        (G) section 309 of the Illegal Immigration Reform and Immigrant
      Responsibility Act of 1996 (division C of Public Law 104-208).

      (52) The term "accredited language training program" means a
    language training program that is accredited by an accrediting
    agency recognized by the Secretary of Education.
      (b) As used in subchapters I and II - 
      (1) The term "child" means an unmarried person under twenty-one
    years of age who is - 
        (A) a child born in wedlock;
        (B) a stepchild, whether or not born out of wedlock, provided
      the child had not reached the age of eighteen years at the time
      the marriage creating the status of stepchild occurred;
        (C) a child legitimated under the law of the child's residence
      or domicile, or under the law of the father's residence or
      domicile, whether in or outside the United States, if such
      legitimation takes place before the child reaches the age of
      eighteen years and the child is in the legal custody of the
      legitimating parent or parents at the time of such legitimation;
        (D) a child born out of wedlock, by, through whom, or on whose
      behalf a status, privilege, or benefit is sought by virtue of the
      relationship of the child to its natural mother or to its natural
      father if the father has or had a bona fide parent-child
      relationship with the person;
        (E)(i) a child adopted while under the age of sixteen years if
      the child has been in the legal custody of, and has resided with,
      the adopting parent or parents for at least two years or if the
      child has been battered or subject to extreme cruelty by the
      adopting parent or by a family member of the adopting parent
      residing in the same household: Provided, That no natural parent
      of any such adopted child shall thereafter, by virtue of such
      parentage, be accorded any right, privilege, or status under this
      chapter; or
        (ii) subject to the same proviso as in clause (i), a child who:
      (I) is a natural sibling of a child described in clause (i) or
      subparagraph (F)(i); (II) was adopted by the adoptive parent or
      parents of the sibling described in such clause or subparagraph;
      and (III) is otherwise described in clause (i), except that the
      child was adopted while under the age of 18 years;
        (F)(i) a child, under the age of sixteen at the time a petition
      is filed in his behalf to accord a classification as an immediate
      relative under section 1151(b) of this title, who is an orphan
      because of the death or disappearance of, abandonment or
      desertion by, or separation or loss from, both parents, or for
      whom the sole or surviving parent is incapable of providing the
      proper care and has in writing irrevocably released the child for
      emigration and adoption; who has been adopted abroad by a United
      States citizen and spouse jointly, or by an unmarried United
      States citizen at least twenty-five years of age, who personally
      saw and observed the child prior to or during the adoption
      proceedings; or who is coming to the United States for adoption
      by a United States citizen and spouse jointly, or by an unmarried
      United States citizen at least twenty-five years of age, who have
      or has complied with the preadoption requirements, if any, of the
      child's proposed residence; Provided, That the Attorney General
      is satisfied that proper care will be furnished the child if
      admitted to the United States: Provided further, That no natural
      parent or prior adoptive parent of any such child shall
      thereafter, by virtue of such parentage, be accorded any right,
      privilege, or status under this chapter; or
        (ii) subject to the same provisos as in clause (i), a child
      who: (I) is a natural sibling of a child described in clause (i)
      or subparagraph (E)(i); (II) has been adopted abroad, or is
      coming to the United States for adoption, by the adoptive parent
      (or prospective adoptive parent) or parents of the sibling
      described in such clause or subparagraph; and (III) is otherwise
      described in clause (i), except that the child is under the age
      of 18 at the time a petition is filed in his or her behalf to
      accord a classification as an immediate relative under section
      1151(b) of this title; or
        (G)(i) a child, younger than 16 years of age at the time a
      petition is filed on the child's behalf to accord a
      classification as an immediate relative under section 1151(b) of
      this title, who has been adopted in a foreign state that is a
      party to the Convention on Protection of Children and Co-
      operation in Respect of Intercountry Adoption, done at The Hague
      on May 29, 1993, or who is emigrating from such a foreign state
      to be adopted in the United States by a United States citizen and
      spouse jointly or by an unmarried United States citizen who is at
      least 25 years of age, Provided, That - 
          (I) the Secretary of Homeland Security is satisfied that
        proper care will be furnished the child if admitted to the
        United States;
          (II) the child's natural parents (or parent, in the case of a
        child who has one sole or surviving parent because of the death
        or disappearance of, abandonment or desertion by, the other
        parent), or other persons or institutions that retain legal
        custody of the child, have freely given their written
        irrevocable consent to the termination of their legal
        relationship with the child, and to the child's emigration and
        adoption;
          (III) in the case of a child having two living natural
        parents, the natural parents are incapable of providing proper
        care for the child;
          (IV) the Secretary of Homeland Security is satisfied that the
        purpose of the adoption is to form a bona fide parent-child
        relationship, and the parent-child relationship of the child
        and the natural parents has been terminated (and in carrying
        out both obligations under this subclause the Secretary of
        Homeland Security may consider whether there is a petition
        pending to confer immigrant status on one or both of such
        natural parents); and
          (V) in the case of a child who has not been adopted - 
            (aa) the competent authority of the foreign state has
          approved the child's emigration to the United States for the
          purpose of adoption by the prospective adoptive parent or
          parents; and
            (bb) the prospective adoptive parent or parents has or have
          complied with any pre-adoption requirements of the child's
          proposed residence; and

        (ii) except that no natural parent or prior adoptive parent of
      any such child shall thereafter, by virtue of such parentage, be
      accorded any right, privilege, or status under this chapter; or
        (iii) subject to the same provisos as in clauses (i) and (ii),
      a child who - 
          (I) is a natural sibling of a child described in clause (i),
        subparagraph (E)(i), or subparagraph (F)(i);
          (II) was adopted abroad, or is coming to the United States
        for adoption, by the adoptive parent (or prospective adoptive
        parent) or parents of the sibling described in clause (i),
        subparagraph (E)(i), or subparagraph (F)(i); and
          (III) is otherwise described in clause (i), except that the
        child is younger than 18 years of age at the time a petition is
        filed on his or her behalf for classification as an immediate
        relative under section 1151(b) of this title.

      (2) The terms "parent", "father", or "mother" mean a parent,
    father, or mother only where the relationship exists by reason of
    any of the circumstances set forth in subdivision (1) of this
    subsection, except that, for purposes of paragraph (1)(F) (other
    than the second proviso therein) and paragraph (1)(G)(i) in the
    case of a child born out of wedlock described in paragraph (1)(D)
    (and not described in paragraph (1)(C)), the term "parent" does not
    include the natural father of the child if the father has
    disappeared or abandoned or deserted the child or if the father has
    in writing irrevocably released the child for emigration and
    adoption.
      (3) The term "person" means an individual or an organization.
      (4) The term "immigration judge" means an attorney whom the
    Attorney General appoints as an administrative judge within the
    Executive Office for Immigration Review, qualified to conduct
    specified classes of proceedings, including a hearing under section
    1229a of this title. An immigration judge shall be subject to such
    supervision and shall perform such duties as the Attorney General
    shall prescribe, but shall not be employed by the Immigration and
    Naturalization Service.
      (5) The term "adjacent islands" includes Saint Pierre, Miquelon,
    Cuba, the Dominican Republic, Haiti, Bermuda, the Bahamas,
    Barbados, Jamaica, the Windward and Leeward Islands, Trinidad,
    Martinique, and other British, French, and Netherlands territory or
    possessions in or bordering on the Caribbean Sea.
      (c) As used in subchapter III - 
      (1) The term "child" means an unmarried person under twenty-one
    years of age and includes a child legitimated under the law of the
    child's residence or domicile, or under the law of the father's
    residence or domicile, whether in the United States or elsewhere,
    and, except as otherwise provided in sections 1431 and 1432 (!7) of
    this title, a child adopted in the United States, if such
    legitimation or adoption takes place before the child reaches the
    age of 16 years (except to the extent that the child is described
    in subparagraph (E)(ii) or (F)(ii) of subsection (b)(1) of this
    section), and the child is in the legal custody of the legitimating
    or adopting parent or parents at the time of such legitimation or
    adoption.

      (2) The terms "parent", "father", and "mother" include in the
    case of a posthumous child a deceased parent, father, and mother.
      (d) Repealed. Pub. L. 100-525, Sec. 9(a)(3), Oct. 24, 1988, 102
    Stat. 2619.
      (e) For the purposes of this chapter - 
      (1) The giving, loaning, or promising of support or of money or
    any other thing of value to be used for advocating any doctrine
    shall constitute the advocating of such doctrine; but nothing in
    this paragraph shall be construed as an exclusive definition of
    advocating.
      (2) The giving, loaning, or promising of support or of money or
    any other thing of value for any purpose to any organization shall
    be presumed to constitute affiliation therewith; but nothing in
    this paragraph shall be construed as an exclusive definition of
    affiliation.
      (3) Advocating the economic, international, and governmental
    doctrines of world communism means advocating the establishment of
    a totalitarian Communist dictatorship in any or all of the
    countries of the world through the medium of an internationally
    coordinated Communist movement.
      (f) For the purposes of this chapter - 
      No person shall be regarded as, or found to be, a person of good
    moral character who, during the period for which good moral
    character is required to be established is, or was - 
        (1) a habitual drunkard;
        (2) Repealed. Pub. L. 97-116, Sec. 2(c)(1), Dec. 29, 1981, 95
      Stat. 1611.
        (3) a member of one or more of the classes of persons, whether
      inadmissible or not, described in paragraphs (2)(D), (6)(E), and
      (10)(A) of section 1182(a) of this title; or subparagraphs (A)
      and (B) of section 1182(a)(2) of this title and subparagraph (C)
      thereof of such section (!8) (except as such paragraph relates to
      a single offense of simple possession of 30 grams or less of
      marihuana), if the offense described therein, for which such
      person was convicted or of which he admits the commission, was
      committed during such period;

        (4) one whose income is derived principally from illegal
      gambling activities;
        (5) one who has been convicted of two or more gambling offenses
      committed during such period;
        (6) one who has given false testimony for the purpose of
      obtaining any benefits under this chapter;
        (7) one who during such period has been confined, as a result
      of conviction, to a penal institution for an aggregate period of
      one hundred and eighty days or more, regardless of whether the
      offense, or offenses, for which he has been confined were
      committed within or without such period;
        (8) one who at any time has been convicted of an aggravated
      felony (as defined in subsection (a)(43) of this section); or
        (9) one who at any time has engaged in conduct described in
      section 1182(a)(3)(E) of this title (relating to assistance in
      Nazi persecution, participation in genocide, or commission of
      acts of torture or extrajudicial killings) or 1182(a)(2)(G) of
      this title (relating to severe violations of religious freedom).

      The fact that any person is not within any of the foregoing
    classes shall not preclude a finding that for other reasons such
    person is or was not of good moral character. In the case of an
    alien who makes a false statement or claim of citizenship, or who
    registers to vote or votes in a Federal, State, or local election
    (including an initiative, recall, or referendum) in violation of a
    lawful restriction of such registration or voting to citizens, if
    each natural parent of the alien (or, in the case of an adopted
    alien, each adoptive parent of the alien) is or was a citizen
    (whether by birth or naturalization), the alien permanently resided
    in the United States prior to attaining the age of 16, and the
    alien reasonably believed at the time of such statement, claim, or
    violation that he or she was a citizen, no finding that the alien
    is, or was, not of good moral character may be made based on it.
      (g) For the purposes of this chapter any alien ordered deported
    or removed (whether before or after the enactment of this chapter)
    who has left the United States, shall be considered to have been
    deported or removed in pursuance of law, irrespective of the source
    from which the expenses of his transportation were defrayed or of
    the place to which he departed.
      (h) For purposes of section 1182(a)(2)(E) of this title, the term
    "serious criminal offense" means - 
        (1) any felony;
        (2) any crime of violence, as defined in section 16 of title
      18; or
        (3) any crime of reckless driving or of driving while
      intoxicated or under the influence of alcohol or of prohibited
      substances if such crime involves personal injury to another.

      (i) With respect to each nonimmigrant alien described in
    subsection (a)(15)(T)(i) of this section - 
        (1) the Secretary of Homeland Security, the Attorney General,
      and other Government officials, where appropriate, shall provide
      the alien with a referral to a nongovernmental organization that
      would advise the alien regarding the alien's options while in the
      United States and the resources available to the alien; and
        (2) the Secretary of Homeland Security shall, during the period
      the alien is in lawful temporary resident status under that
      subsection, grant the alien authorization to engage in employment
      in the United States and provide the alien with an "employment
      authorized" endorsement or other appropriate work permit.