Notes on 8 U.S.C. § 1182 : US Code - Notes

Search Notes on 8 U.S.C. § 1182 : US Code - Notes

(June 27, 1952, ch. 477, title II, ch. 2, Sec. 212, 66 Stat. 182;
July 18, 1956, ch. 629, title III, Sec. 301 (a), 70 Stat. 575; Pub.
L. 85-508, Sec. 23, July 7, 1958, 72 Stat. 351; Pub. L. 86-3, Sec.
20(b), Mar. 18, 1959, 73 Stat. 13; Pub. L. 86-648, Sec. 8, July 14,
1960, 74 Stat. 505; Pub. L. 87-256, Sec. 109(c), Sept. 21, 1961, 75
Stat. 535; Pub. L. 87-301, Secs. 11-15, Sept. 26, 1961, 75 Stat.
654, 655; Pub. L. 89-236, Secs. 10, 15, Oct. 3, 1965, 79 Stat. 917,
919; Pub. L. 91-225, Sec. 2, Apr. 7, 1970, 84 Stat. 116; Pub. L. 94-
484, title VI, Sec. 601(a), (c), (d), Oct. 12, 1976, 90 Stat.
2300, 2301; Pub. L. 94-571, Secs. 5, 7(d), Oct. 20, 1976, 90 Stat.
2705, 2706; Pub. L. 95-83, title III, Sec. 307(q)(1), (2), Aug. 1,
1977, 91 Stat. 394; Pub. L. 95-549, title I, Secs. 101, 102, Oct.
30, 1978, 92 Stat. 2065; Pub. L. 96-70, title III, Sec. 3201(b),
Sept. 27, 1979, 93 Stat. 497; Pub. L. 96-212, title II, Sec.
203(d), (f), Mar. 17, 1980, 94 Stat. 107; Pub. L. 96-538, title IV,
Sec. 404, Dec. 17, 1980, 94 Stat. 3192; Pub. L. 97-116, Secs. 4,
5(a)(1), (2), (b), 18(e), Dec. 29, 1981, 95 Stat. 1611, 1612, 1620;
Pub. L. 98-454, title VI, Sec. 602[(a)], Oct. 5, 1984, 98 Stat.
1737; Pub. L. 98-473, title II, Sec. 220(a), Oct. 12, 1984, 98
Stat. 2028; Pub. L. 99-396, Sec. 14(a), Aug. 27, 1986, 100 Stat.
842; Pub. L. 99-570, title I, Sec. 1751(a), Oct. 27, 1986, 100
Stat. 3207-47; Pub. L. 99-639, Sec. 6(a), Nov. 10, 1986, 100 Stat.
3543; Pub. L. 99-653, Sec. 7(a), Nov. 14, 1986, 100 Stat. 3657;
Pub. L. 100-204, title VIII, Sec. 806(c), Dec. 22, 1987, 101 Stat.
1399; Pub. L. 100-525, Secs. 3(1)(A), 7(c)(1), (3), 8(f), 9(i),
Oct. 24, 1988, 102 Stat. 2614, 2616, 2617, 2620; Pub. L. 100-690,
title VII, Sec. 7349(a), Nov. 18, 1988, 102 Stat. 4473; Pub. L. 101-
238, Sec. 3(b), Dec. 18, 1989, 103 Stat. 2100; Pub. L. 101-246,
title I, Sec. 131(a), (c), Feb. 16, 1990, 104 Stat. 31; Pub. L. 101-
649, title I, Sec. 162(e)(1), (f)(2)(B), title II, Secs. 202(b),
205(c)(3), title V, Secs. 511(a), 514(a), title VI, Sec. 601(a),
(b), (d), Nov. 29, 1990, 104 Stat. 5011, 5012, 5014, 5020, 5052,
5053, 5067, 5075; Pub. L. 102-232, title III, Secs. 302(e)(6), (9),
303(a)(5)(B), (6), (7)(B), 306(a)(10), (12), 307(a)-(g), 309(b)(7),
Dec. 12, 1991, 105 Stat. 1746, 1747, 1751, 1753-1755, 1759; Pub. L.
103-43, title XX, Sec. 2007(a), June 10, 1993, 107 Stat. 210; Pub.
L. 103-317, title V, Sec. 506(a), Aug. 26, 1994, 108 Stat. 1765;
Pub. L. 103-322, title XIII, Sec. 130003(b)(1), Sept. 13, 1994, 108
Stat. 2024; Pub. L. 103-416, title II, Secs. 203(a), 219(e),
(z)(1), (5), 220(a), Oct. 25, 1994, 108 Stat. 4311, 4316, 4318,
4319; Pub. L. 104-132, title IV, Secs. 411, 412, 440(d), Apr. 24,
1996, 110 Stat. 1268, 1269, 1277; Pub. L. 104-208, div. C, title I,
Sec. 124(b)(1), title III, Secs. 301(b)(1), (c)(1), 304(b), 305(c),
306(d), 308(c)(2)(B), (d)(1), (e)(1)(B), (C), (2)(A), (6),
(f)(1)(C)-(F), (3)(A), (g)(1), (4)(B), (10)(A), (H), 322(a)(2)(B),
341(a), (b), 342(a), 343, 344(a), 345(a), 346(a), 347(a), 348(a),
349, 351(a), 352(a), 355, title V, Sec. 531(a), title VI, Secs.
602(a), 622(b), 624(a), 671(e)(3), Sept. 30, 1996, 110 Stat. 3009-
562, 3009-576, 3009-578, 3009-597, 3009-607, 3009-612, 3009-616,
3009-619 to 3009-622, 3009-625, 3009-629, 3009-635 to 3009-641,
3009-644, 3009-674, 3009-689, 3009-695, 3009-698, 3009-723; Pub. L.
105-73, Sec. 1, Nov. 12, 1997, 111 Stat. 1459; Pub. L. 105-277,
div. C, title IV, Secs. 412(a)-(c), 413(a)-(e)(1), (f), 415(a),
431(a), div. G, subdiv. B, title XXII, Sec. 2226(a), Oct. 21, 1998,
112 Stat. 2681-642 to 2681-651, 2681-654, 2681-658, 2681-820; Pub.
L. 105-292, title VI, Sec. 604(a), Oct. 27, 1998, 112 Stat. 2814;
Pub. L. 106-95, Secs. 2(b), 4(a), Nov. 12, 1999, 113 Stat. 1312,
1317; Pub. L. 106-120, title VIII, Sec. 809, Dec. 3, 1999, 113
Stat. 1632; Pub. L. 106-313, title I, Secs. 106(c)(2), 107(a), Oct.
17, 2000, 114 Stat. 1254, 1255; Pub. L. 106-386, div. A, Secs.
107(e)(3), 111(d), div. B, title V, Secs. 1505(a), (c)(1), (d)-(f),
1513(e), Oct. 28, 2000, 114 Stat. 1478, 1485, 1525, 1526, 1536;
Pub. L. 106-395, title II, Sec. 201(b)(1), (2), Oct. 30, 2000, 114
Stat. 1633, 1634; Pub. L. 106-396, title I, Sec. 101(b)(1), Oct.
30, 2000, 114 Stat. 1638; Pub. L. 107-56, title IV, Sec. 411(a),
title X, Sec. 1006(a), Oct. 26, 2001, 115 Stat. 345, 394; Pub. L.
107-150, Sec. 2(a)(2), Mar. 13, 2002, 116 Stat. 74; Pub. L. 107-
273, div. C, title I, Sec. 11018(c), Nov. 2, 2002, 116 Stat. 1825;
Pub. L. 108-77, title IV, Sec. 402(b), (c), Sept. 3, 2003, 117
Stat. 940, 946; Pub. L. 108-193, Secs. 4(b)(4), 8(a)(2), Dec. 19,
2003, 117 Stat. 2879, 2886; Pub. L. 108-447, div. J, title IV,
Secs. 422(a), 423, 424(a)(1), (b), Dec. 8, 2004, 118 Stat. 3353-
3355; Pub. L. 108-449, Sec. 1(b)(2), Dec. 10, 2004, 118 Stat.
3470; Pub. L. 108-458, title V, Secs. 5501(a), 5502(a), 5503, Dec.
17, 2004, 118 Stat. 3740, 3741; Pub. L. 109-13, div. B, title I,
Secs. 103(a)-(c), 104, title V, Sec. 501(d), May 11, 2005, 119
Stat. 306-309, 322; Pub. L. 109-162, title VIII, Sec. 802, Jan. 5,
2006, 119 Stat. 3054; Pub. L. 109-271, Sec. 6(b), Aug. 12, 2006,
120 Stat. 762.)
AMENDMENT OF SECTION                       
For termination of amendment by section 107(c) of Pub. L. 108-77,
see Effective and Termination Dates of 2003 Amendment note below.
REFERENCES IN TEXT                        
Section 3(a) of the Torture Victim Protection Act of 1991,
referred to in subsec. (a)(3)(E)(iii)(II), is section 3(a) of Pub.
L. 102-256, which is set out as a note under section 1350 of Title
28, Judiciary and Judicial Procedure.
Section 301 of the Immigration Act of 1990, referred to in
subsec. (a)(6)(E)(ii), (9)(B)(iii)(III), is section 301 of Pub. L.
101-649, which is set out as a note under section 1255a of this
title.
Section 112 of the Immigration Act of 1990, referred to in
subsec. (a)(6)(E)(ii), is section 112 of Pub. L. 101-649, which is
set out as a note under section 1153 of this title.
Section 1184(l) of this title, referred to in subsec. (a)(6)(G),
probably means the subsec. (l) of section 1184, which relates to
nonimmigrant elementary and secondary school students and was added
by Pub. L. 104-208, div. C, title VI, Sec. 625(a)(1), Sept. 30,
1996, 110 Stat. 3009-699, and redesignated subsec.(m) of section
1184 by Pub. L. 106-386, div. A, Sec. 107(e)(2)(A), Oct. 28, 2000,
114 Stat. 1478.
The Social Security Act, referred to in subsec. (m)(6)(B), is act
Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles XVIII and
XIX of the Act are classified generally to subchapters XVIII (Sec.
1395 et seq.) and XIX (Sec. 1396 et seq.), respectively, of chapter
7 of Title 42, The Public Health and Welfare. Part A of title XVIII
of the Act is classified generally to part A (Sec. 1395c et seq.)
of subchapter XVIII of chapter 7 of Title 42. For complete
classification of this Act to the Code, see section 1305 of Title
42 and Tables.
CODIFICATION                           
Subsection (j)(3), which required the Director of the United
States Information Agency to transmit an annual report to Congress
on aliens submitting affidavits described in subsection (j)(1)(E)
of this section, terminated, effective May 15, 2000, pursuant to
section 3003 of Pub. L. 104-66, as amended, set out as a note under
section 1113 of Title 31, Money and Finance. See, also, page 193 of
House Document No. 103-7.
AMENDMENTS                            
2006 - Subsec. (a)(4)(C)(i)(I). Pub. L. 109-271, Sec.
6(b)(1)(A)(i), which directed the amendment of subsec.
(a)(4)(C)(i)(II) by substituting a semicolon for ", or", was
executed to subsec. (a)(4)(C)(i)(I), to reflect the probable intent
of Congress. The quoted matter did not appear in subsec.
(a)(4)(C)(i)(II).
Subsec. (a)(4)(C)(i)(III). Pub. L. 109-271, Sec. 6(b)(1)(A)(ii),
added subcl. (III).
Subsec. (a)(6)(A)(ii)(I). Pub. L. 109-271, Sec. 6(b)(1)(B),
amended subcl. (I) generally. Prior to amendment, subcl. (I) read
as follows: "the alien qualifies for immigrant status under
subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section
1154(a)(1) of this title,".
Subsec. (a)(9)(B)(iii)(V). Pub. L. 109-162, Sec. 802(a), added
subcl. (V).
Subsec. (a)(9)(C)(ii). Pub. L. 109-271, Sec. 6(b)(1)(C),
substituted "the Secretary of Homeland Security has consented to
the alien's reapplying for admission." for "the Attorney General
has consented to the alien's reapplying for admission. The Attorney
General in the Attorney General's discretion may waive the
provisions of subsection (a)(9)(C)(i) of this section in the case
of an alien to whom the Attorney General has granted classification
under clause (iii), (iv), or (v) of section 1154(a)(1)(A) of this
title, or classification under clause (ii), (iii), or (iv) of
section 1154(a)(1)(B) of this title, in any case in which there is
a connection between - 
"(1) the alien's having been battered or subjected to extreme
cruelty; and
"(2) the alien's - 
"(A) removal;
"(B) departure from the United States;
"(C) reentry or reentries into the United States; or
"(D) attempted reentry into the United States."
Subsec. (a)(9)(C)(iii). Pub. L. 109-271, Sec. 6(b)(1)(C), added
subpar. (iii).
Subsec. (d)(13), (14). Pub. L. 109-162, Sec. 802(b), substituted
"Secretary of Homeland Security" for "Attorney General" wherever
appearing.
Subsec. (g)(1)(C). Pub. L. 109-271, Sec. 6(b)(2), amended subpar.
(C) generally. Prior to amendment, subpar. (C) read as follows:
"qualifies for classification under clause (iii) or (iv) of section
1154(a)(1)(A) of this title or classification under clause (ii) or
(iii) of section 1154(a)(1)(B) of this title;".
Subsec. (h)(1)(C). Pub. L. 109-271, Sec. 6(b)(3), amended subpar.
(C) generally. Prior to amendment, subpar. (C) read as follows:
"the alien qualifies for classification under clause (iii) or (iv)
of section 1154(a)(1)(A) of this title or classification under
clause (ii) or (iii) of section 1154(a)(1)(B) of this title; and".
Subsec. (i)(1). Pub. L. 109-271, Sec. 6(b)(4), substituted "a
VAWA self-petitioner" for "an alien granted classification under
clause (iii) or (iv) of section 1154(a)(1)(A) of this title or
clause (ii) or (iii) of section 1154(a)(1)(B) of this title".
2005 - Subsec. (a)(3)(B)(i). Pub. L. 109-13, Sec. 103(a),
reenacted heading without change and amended first sentence of cl.
(i) generally, substituting general provisions relating to
inadmissibility of aliens engaging in terrorist activities for
former provisions relating to inadmissibility of any alien who had
engaged in a terrorist activity, any alien who a consular officer
or the Attorney General knew or reasonably believed had engaged in
terrorist activity, any alien who had incited terrorist activity,
any alien who was a representative of a foreign terrorist
organization or group that had publicly endorsed terrorist acts,
any alien who was a member of a foreign terrorist organization, any
alien who had used the alien's position of prominence to endorse
terrorist activity, and any alien who was the spouse or child of an
alien who had been found inadmissible, if the activity causing the
alien to be found inadmissible had occurred within the last 5
years.
Subsec. (a)(3)(B)(iv). Pub. L. 109-13, Sec. 103(b), reenacted
heading without change and amended text of cl. (iv) generally,
substituting provisions defining the term "engage in terrorist
activity" in subcls. (I) to (VI), including provisions relating to
demonstration of certain knowledge by clear and convincing
evidence, for provisions defining the term "engage in terrorist
activity" in somewhat similar subcls. (I) to (VI) which did not
include provisions relating to demonstration of certain knowledge
by clear and convincing evidence.
Subsec. (a)(3)(B)(vi). Pub. L. 109-13, Sec. 103(c), amended
heading and text of cl. (vi) generally. Prior to amendment, text
read as follows: "As used in clause (i)(VI) and clause (iv), the
term 'terrorist organization' means an organization - 
"(I) designated under section 1189 of this title;
"(II) otherwise designated, upon publication in the Federal
Register, by the Secretary of State in consultation with or upon
the request of the Attorney General, as a terrorist organization,
after finding that the organization engages in the activities
described in subclause (I), (II), or (III) of clause (iv), or
that the organization provides material support to further
terrorist activity; or
"(III) that is a group of two or more individuals, whether
organized or not, which engages in the activities described in
subclause (I), (II), or (III) of clause (iv)."
Subsec. (d)(3). Pub. L. 109-13, Sec. 104, designated existing
provisions as subpar. (A), redesignated former subpars. (A) and (B)
as cls. (i) and (ii), respectively, and added subpar. (B).
Subsec. (t). Pub. L. 109-13, Sec. 501(d)(1), inserted "or section
1101(a)(15)(E)(iii) of this title" after "section
1101(a)(15)(H)(i)(b1) of this title" wherever appearing.
Subsec. (t)(3)(C)(i)(II), (ii)(II), (iii)(II). Pub. L. 109-13,
Sec. 501(d)(2), substituted "1101(a)(15)(H)(i)(b1), or
1101(a)(15)(E)(iii)" for "or 1101(a)(15)(H)(i)(b1)".
2004 - Subsec. (a)(2)(G). Pub. L. 108-458, Sec. 5502(a), amended
heading and text of subpar. (G) generally. Prior to amendment, text
read as follows: "Any alien who, while serving as a foreign
government official, was responsible for or directly carried out,
at any time during the preceding 24-month period, particularly
severe violations of religious freedom, as defined in section 6402
of title 22, and the spouse and children, if any, are
inadmissible."
Subsec. (a)(3)(E). Pub. L. 108-458, Sec. 5501(a)(3), which
directed substitution of "Participants in Nazi persecution,
genocide, or the commission of any act of torture or extrajudicial
killing" for "Participants in nazi persecution or genocide" in
heading, was executed by making the substitution for "Participants
in Nazi persecutions or genocide" to reflect the probable intent of
Congress.
Subsec. (a)(3)(E)(ii). Pub. L. 108-458, Sec. 5501(a)(1),
substituted "ordered, incited, assisted, or otherwise participated
in conduct outside the United States that would, if committed in
the United States or by a United States national, be genocide, as
defined in section 1091(a) of title 18, is inadmissible" for "has
engaged in conduct that is defined as genocide for purposes of the
International Convention on the Prevention and Punishment of
Genocide is inadmissible".
Subsec. (a)(3)(E)(iii). Pub. L. 108-458, Sec. 5501(a)(2), added
cl. (iii).
Subsec. (d)(3)(A), (B). Pub. L. 108-458, Sec. 5503, substituted
"and clauses (i) and (ii) of paragraph (3)(E)" for "and (3)(E)".
Subsec. (n)(1)(E)(ii). Pub. L. 108-447, Sec. 422(a), struck out
"October 1, 2003," before "by an H-1B-dependent employer".
Subsec. (n)(2)(G). Pub. L. 108-447, Sec. 424(a)(1), added subpar.
(G).
Subsec. (n)(2)(H), (I). Pub. L. 108-447, Sec. 424(b), added
subpar. (H) and redesignated former subpar. (H) as (I).
Subsec. (p). Pub. L. 108-449, Sec. 1(b)(2)(A), which directed
redesignation of subsec. (p), relating to consideration of benefits
received as battered alien in determination of inadmissibility as
likely to become public charge, as (s), could not be executed
because of the previous temporary redesignation by Pub. L. 108-77,
Sec. 402(b)(1). See 2003 Amendment note below.
Subsec. (p)(3), (4). Pub. L. 108-447, Sec. 423, added pars. (3)
and (4).
Subsec. (s). Pub. L. 108-449, Sec. 1(b)(2)(A), which directed
redesignation of subsec. (p), relating to consideration of benefits
received as battered alien in determination of inadmissibility as
likely to become public charge, as (s), could not be executed
because of the previous redesignation by Pub. L. 108-77, Sec.
402(b)(1). See 2003 Amendment note below.
Subsec. (t). Pub. L. 108-449, Sec. 1(b)(2)(B), added subsec. (t)
relating to foreign residence requirement.
2003 - Subsec. (d)(13). Pub. L. 108-193, Sec. 8(a)(2),
redesignated par. (13), relating to Attorney General's
determination whether a ground for inadmissibility exists with
respect to a nonimmigrant described in section 1101(a)(15)(U) of
this title, as (14).
Subsec. (d)(13)(A). Pub. L. 108-193, Sec. 4(b)(4)(A), inserted ",
except that the ground for inadmissibility described in subsection
(a)(4) of this section shall not apply with respect to such a
nonimmigrant" before period at end.
Subsec. (d)(13)(B)(i). Pub. L. 108-193, Sec. 4(b)(4)(B)(i),
amended cl. (i) generally. Prior to amendment, cl. (i) read as
follows: "paragraphs (1) and (4) of subsection (a) of this section;
and".
Subsec. (d)(13)(B)(ii). Pub. L. 108-193, Sec. 4(b)(4)(B)(ii),
substituted "subsection (a) of this section" for "such subsection"
and inserted "(4)," after "(3),".
Subsec. (d)(14). Pub. L. 108-193, Sec. 8(a)(2), redesignated par.
(13), relating to Attorney General's determination whether a ground
for inadmissibility exists with respect to a nonimmigrant described
in section 1101(a)(15)(U) of this title, as (14).
Subsec. (p). Pub. L. 108-77, Secs. 107(c), 402(b)(1), temporarily
redesignated subsec. (p), relating to consideration of benefits
received as battered alien in determination of inadmissibility as
likely to become public charge, as (s). See Effective and
Termination Dates of 2003 Amendment note below.
Subsec. (p)(1). Pub. L. 108-77, Secs. 107(c), 402(c), temporarily
substituted "(a)(5)(A), (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II)" for
"(n)(1)(A)(i)(II) and (a)(5)(A)". See Effective and Termination
Dates of 2003 Amendment note below.
Subsec. (s). Pub. L. 108-77, Secs. 107(c), 402(b)(1), temporarily
redesignated subsec. (p), relating to consideration of benefits
received as battered alien in determination of inadmissibility as
likely to become public charge, as (s). See Effective and
Termination Dates of 2003 Amendment note below.
Subsec. (t). Pub. L. 108-77, Secs. 107(c), 402(b)(2), temporarily
added subsec. (t). See Effective and Termination Dates of 2003
Amendment note below.
2002 - Subsec. (a)(4)(C)(ii). Pub. L. 107-150 substituted "(and
any additional sponsor required under section 1183a(f) of this
title or any alternative sponsor permitted under paragraph (5)(B)
of such section)" for "(including any additional sponsor required
under section 1183a(f) of this title)".
Subsec. (e). Pub. L. 107-273 substituted "section 1184(l)" for
"section 1184(k)".
2001 - Subsec. (a)(2)(I). Pub. L. 107-56, Sec. 1006(a), added
subpar. (I).
Subsec. (a)(3)(B)(i)(II). Pub. L. 107-56, Sec. 411(a)(1)(C),
substituted "clause (iv)" for "clause (iii)".
Subsec. (a)(3)(B)(i)(IV). Pub. L. 107-56, Sec. 411(a)(1)(A)(i),
amended subcl. (IV) generally. Prior to amendment, subcl. (IV) read
as follows: "is a representative (as defined in clause (iv)) of a
foreign terrorist organization, as designated by the Secretary
under section 1189 of this title, or".
Subsec. (a)(3)(B)(i)(V). Pub. L. 107-56, Sec. 411(a)(1)(A)(ii),
inserted "or" after "section 1189 of this title,".
Subsec. (a)(3)(B)(i)(VI), (VII). Pub. L. 107-56, Sec.
411(a)(1)(A)(iii), which directed addition of subcls. (VI) and
(VII) at end of cl. (i), was executed by making the addition after
subcl. (V) and before concluding provisions of cl. (i) to reflect
the probable intent of Congress.
Subsec. (a)(3)(B)(ii). Pub. L. 107-56, Sec. 411(a)(1)(D), added
cl. (ii). Former cl. (ii) redesignated (iii).
Subsec. (a)(3)(B)(iii). Pub. L. 107-56, Sec. 411(a)(1)(E)(i),
inserted "it had been" before "committed in the United States" in
introductory provisions.
Pub. L. 107-56, Sec. 411(a)(1)(B), redesignated cl. (ii) as
(iii). Former cl. (iii) redesignated (iv).
Subsec. (a)(3)(B)(iii)(V)(b). Pub. L. 107-56, Sec.
411(a)(1)(E)(ii), substituted ", firearm, or other weapon or
dangerous device" for "or firearm".
Subsec. (a)(3)(B)(iv). Pub. L. 107-56, Sec. 411(a)(1)(F),
reenacted heading without change and amended text of cl. (iv)
generally. Prior to amendment, text read as follows: "As used in
this chapter, the term 'engage in terrorist activity' means to
commit, in an individual capacity or as a member of an
organization, an act of terrorist activity or an act which the
actor knows, or reasonably should know, affords material support to
any individual, organization, or government in conducting a
terrorist activity at any time, including any of the following
acts:
"(I) The preparation or planning of a terrorist activity.
"(II) The gathering of information on potential targets for
terrorist activity.
"(III) The providing of any type of material support, including
a safe house, transportation, communications, funds, false
documentation or identification, weapons, explosives, or
training, to any individual the actor knows or has reason to
believe has committed or plans to commit a terrorist activity.
"(IV) The soliciting of funds or other things of value for
terrorist activity or for any terrorist organization.
"(V) The solicitation of any individual for membership in a
terrorist organization, terrorist government, or to engage in a
terrorist activity."
Pub. L. 107-56, Sec. 411(a)(1)(B), redesignated cl. (iii) as
(iv). Former cl. (iv) redesignated (v).
Subsec. (a)(3)(B)(v). Pub. L. 107-56, Sec. 411(a)(1)(B),
redesignated cl. (iv) as (v).
Subsec. (a)(3)(B)(vi). Pub. L. 107-56, Sec. 411(a)(1)(G), added
cl. (vi).
Subsec. (a)(3)(F). Pub. L. 107-56, Sec. 411(a)(2), added subpar.
(F).
2000 - Subsec. (a)(2)(H). Pub. L. 106-386, Sec. 111(d), added
subpar. (H).
Subsec. (a)(5)(A)(iv). Pub. L. 106-313, Sec. 106(c)(2), added cl.
(iv).
Subsec. (a)(6)(C)(ii). Pub. L. 106-395, Sec. 201(b)(2), amended
heading and text of cl. (ii) generally. Prior to amendment, text
read as follows: "Any alien who falsely represents, or has falsely
represented, himself or herself to be a citizen of the United
States for any purpose or benefit under this chapter (including
section 1324a of this title) or any other Federal or State law is
inadmissible."
Subsec. (a)(7)(B)(iv). Pub. L. 106-396 struck out "pilot" before
"program" in heading and text.
Subsec. (a)(9)(C)(ii). Pub. L. 106-386, Sec. 1505(a), inserted at
end "The Attorney General in the Attorney General's discretion may
waive the provisions of subsection (a)(9)(C)(i) of this section in
the case of an alien to whom the Attorney General has granted
classification under clause (iii), (iv), or (v) of section
1154(a)(1)(A) of this title, or classification under clause (ii),
(iii), or (iv) of section 1154(a)(1)(B) of this title, in any case
in which there is a connection between - " and added subcls. (1)
and (2).
Subsec. (a)(10)(D). Pub. L. 106-395, Sec. 201(b)(1), amended
heading and text of subpar. (D) generally. Prior to amendment, text
read as follows: "Any alien who has voted in violation of any
Federal, State, or local constitutional provision, statute,
ordinance, or regulation is inadmissible."
Subsec. (d)(13). Pub. L. 106-386, Sec. 1513(e), added par. (13)
relating to Attorney General's determination whether a ground for
inadmissibility exists with respect to a nonimmigrant described in
section 1101(a)(15)(U) of this title.
Pub. L. 106-386, Sec. 107(e)(3), added par. (13) relating to
Attorney General's determination whether a ground for
inadmissibility exists with respect to a nonimmigrant described in
section 1101(a)(15)(T) of this title.
Subsec. (g)(1)(C). Pub. L. 106-386, Sec. 1505(d), added subpar.
(C).
Subsec. (h)(1)(C). Pub. L. 106-386, Sec. 1505(e), added subpar.
(C).
Subsec. (i)(1). Pub. L. 106-386, Sec. 1505(c)(1), inserted before
period at end "or, in the case of an alien granted classification
under clause (iii) or (iv) of section 1154(a)(1)(A) of this title
or clause (ii) or (iii) of section 1154(a)(1)(B) of this title, the
alien demonstrates extreme hardship to the alien or the alien's
United States citizen, lawful permanent resident, or qualified
alien parent or child".
Subsec. (n)(1)(E)(ii). Pub. L. 106-313, Sec. 107(a), substituted
"October 1, 2003" for "October 1, 2001".
Subsec. (p). Pub. L. 106-386, Sec. 1505(f), added subsec. (p)
relating to consideration of benefits received as battered alien in
determination of inadmissibility as likely to become public charge.
1999 - Subsec. (a)(2)(C). Pub. L. 106-120 amended heading and
text of subpar. (C) generally. Prior to amendment, text read as
follows: "Any alien who the consular or immigration officer knows
or has reason to believe is or has been an illicit trafficker in
any such controlled substance or is or has been a knowing assister,
abettor, conspirator, or colluder with others in the illicit
trafficking in any such controlled substance, is inadmissible."
Subsec. (a)(5)(C). Pub. L. 106-95, Sec. 4(a)(2), substituted
"Subject to subsection (r) of this section, any alien who seeks"
for "Any alien who seeks" in introductory provisions.
Subsec. (m). Pub. L. 106-95, Sec. 2(b), amended subsec. (m)
generally, adding provisions providing that no more than 33 percent
of a facility's workforce may be nonimmigrant aliens and making
issuance of visas dependent upon State populations, and revising
period of admission from a maximum of 6 years to 3 years.
Subsec. (r). Pub. L. 106-95, Sec. 4(a)(1), added subsec. (r).
1998 - Subsec. (a)(2)(G). Pub. L. 105-292 added subpar. (G).
Subsec. (a)(10)(C)(ii), (iii). Pub. L. 105-277, Sec. 2226(a),
added cls. (ii) and (iii) and struck out heading and text of former
cl. (ii). Text read as follows: "Clause (i) shall not apply so long
as the child is located in a foreign state that is a party to the
Hague Convention on the Civil Aspects of International Child
Abduction."
Subsec. (n)(1). Pub. L. 105-277, Sec. 412(b)(2), substituted "an
H-1B nonimmigrant" for "a nonimmigrant described in section
1101(a)(15)(H)(i)(b) of this title" in introductory provisions.
Pub. L. 105-277, Sec. 412(a)(2), (3), inserted at end "The
application form shall include a clear statement explaining the
liability under subparagraph (F) of a placing employer if the other
employer described in such subparagraph displaces a United States
worker as described in such subparagraph. Nothing in subparagraph
(G) shall be construed to prohibit an employer from using
legitimate selection criteria relevant to the job that are normal
or customary to the type of job involved, so long as such criteria
are not applied in a discriminatory manner."
Subsec. (n)(1)(A)(i). Pub. L. 105-277, Sec. 412(b)(2),
substituted "an H-1B nonimmigrant" for "a nonimmigrant described in
section 1101(a)(15)(H)(i)(b) of this title" in introductory
provisions.
Subsec. (n)(1)(C)(ii). Pub. L. 105-277, Sec. 412(c), amended cl.
(ii) generally. Prior to amendment, cl. (ii) read as follows: "if
there is no such bargaining representative, has posted notice of
filing in conspicuous locations at the place of employment."
Subsec. (n)(1)(E) to (G). Pub. L. 105-277, Sec. 412(a)(1), added
subpars. (E) to (G).
Subsec. (n)(2)(A). Pub. L. 105-277, Sec. 413(b)(2), substituted
"Subject to paragraph (5)(A), the Secretary" for "The Secretary" in
first sentence.
Subsec. (n)(2)(C). Pub. L. 105-277, Sec. 413(a), amended subpar.
(C) generally. Prior to amendment, subpar. (C) read as follows: "If
the Secretary finds, after notice and opportunity for a hearing, a
failure to meet a condition of paragraph (1)(B), a substantial
failure to meet a condition of paragraphs (1)(C) or (1)(D), a
willful failure to meet a condition of paragraph (1)(A), or a
misrepresentation of material fact in an application - 
"(i) the Secretary shall notify the Attorney General of such
finding and may, in addition, impose such other administrative
remedies (including civil monetary penalties in an amount not to
exceed $1,000 per violation) as the Secretary determines to be
appropriate, and
"(ii) the Attorney General shall not approve petitions filed
with respect to that employer under section 1154 or 1184(c) of
this title during a period of at least 1 year for aliens to be
employed by the employer."
Subsec. (n)(2)(E). Pub. L. 105-277, Sec. 413(c), added subpar.
(E).
Subsec. (n)(2)(F). Pub. L. 105-277, Sec. 413(d), added subpar.
(F).
Subsec. (n)(2)(G). Pub. L. 105-277, Sec. 413(e), temporarily
added subpar. (G). See Effective and Termination Dates of 1998
Amendments note below.
Subsec. (n)(2)(H). Pub. L. 105-277, Sec. 413(f), added subpar.
(H).
Subsec. (n)(3), (4). Pub. L. 105-277, Sec. 412(b)(1), added pars.
(3) and (4).
Subsec. (n)(5). Pub. L. 105-277, Sec. 413(b)(1), added par. (5).
Subsec. (p). Pub. L. 105-277, Sec. 415(a), added subsec. (p)
relating to computation of prevailing wage level.
Subsec. (q). Pub. L. 105-277, Sec. 431(a), added subsec. (q).
1997 - Subsec. (a)(1)(A)(ii). Pub. L. 105-73, Sec. 1(1), inserted
"except as provided in subparagraph (C)," after "(ii)".
Subsec. (a)(1)(C). Pub. L. 105-73, Sec. 1(2), added subpar. (C).
1996 - Pub. L. 104-208, Sec. 308(d)(1)(A), amended section
catchline.
Subsec. (a). Pub. L. 104-208, Sec. 308(d)(1)(C), substituted "is
inadmissible" for "is excludable" wherever appearing in pars. (1)
to (5), (6)(C) to (E), (G), (7), (8), (10)(A), (C)(i), (D), and
(E).
Pub. L. 104-208, Sec. 308(d)(1)(B), substituted "aliens
ineligible for visas or admission" for "excludable aliens" in
heading and substituted "Except as otherwise provided in this
chapter, aliens who are inadmissible under the following paragraphs
are ineligible to receive visas and ineligible to be admitted to
the United States:" for "Except as otherwise provided in this
chapter, the following describes classes of excludable aliens who
are ineligible to receive visas and who shall be excluded from
admission into the United States:" in introductory provisions.
Subsec. (a)(1)(A)(ii) to (iv). Pub. L. 104-208, Sec. 341(a),
added cl. (ii) and redesignated former cls. (ii) and (iii) as (iii)
and (iv), respectively.
Subsec. (a)(2)(B). Pub. L. 104-208, Sec. 322(a)(2)(B), struck out
"actually imposed" after "confinement".
Subsec. (a)(2)(D)(i), (ii). Pub. L. 104-208, Sec. 308(f)(1)(C),
substituted "admission" for "entry".
Subsec. (a)(3)(B)(i)(I). Pub. L. 104-132, Sec. 411(1)(A), struck
out "or" at end.
Subsec. (a)(3)(B)(i)(II). Pub. L. 104-132, Sec. 411(1)(B),
inserted "is engaged in or" after "ground to believe,".
Subsec. (a)(3)(B)(i)(III). Pub. L. 104-208, Sec. 342(a)(2), added
subcl. (III). Former subcl. (III) redesignated (IV).
Pub. L. 104-132, Sec. 411(1)(C), added subcl. (III).
Subsec. (a)(3)(B)(i)(IV). Pub. L. 104-208, Sec. 355, inserted
"which the alien knows or should have known is a terrorist
organization" after "1189 of this title,".
Pub. L. 104-208, Sec. 342(a)(1), redesignated subcl. (III) as
(IV). Former subcl. (IV) redesignated (V).
Pub. L. 104-132, Sec. 411(1)(C), added subcl. (IV).
Subsec. (a)(3)(B)(i)(V). Pub. L. 104-208, Sec. 342(a)(1),
redesignated subcl. (IV) as (V).
Subsec. (a)(3)(B)(iii)(III). Pub. L. 104-208, Sec. 342(a)(3),
inserted "documentation or" before "identification".
Subsec. (a)(3)(B)(iv). Pub. L. 104-132, Sec. 411(2), added cl.
(iv).
Subsec. (a)(4). Pub. L. 104-208, Sec. 531(a), amended heading and
text of par. (4) generally. Prior to amendment, text read as
follows: "Any alien who, in the opinion of the consular officer at
the time of application for a visa, or in the opinion of the
Attorney General at the time of application for admission or
adjustment of status, is likely at any time to become a public
charge is excludable."
Pub. L. 104-208, Sec. 305(c), which directed amendment of par.
(4) by substituting "1227(a)(5)(B)" for "1251(a)(5)(B)" each place
it appears, could not be executed because "1251(a)(5)(B)" did not
appear in par. (4).
Subsec. (a)(5)(A)(iii). Pub. L. 104-208, Sec. 624(a), added cl.
(iii).
Subsec. (a)(5)(C). Pub. L. 104-208, Sec. 343(2), added subpar.
(C). Former subpar. (C) redesignated (D).
Pub. L. 104-208, Sec. 308(d)(1)(D), substituted "inadmissibility"
for "exclusion".
Subsec. (a)(5)(D). Pub. L. 104-208, Sec. 343(1), redesignated
subpar. (C) as (D).
Subsec. (a)(6)(A). Pub. L. 104-208, Sec. 301(c)(1), amended
heading and text generally. Prior to amendment, text read as
follows: "Any alien who has been excluded from admission and
deported and who again seeks admission within one year of the date
of such deportation is excludable, unless prior to the alien's
reembarkation at a place outside the United States or attempt to be
admitted from foreign contiguous territory the Attorney General has
consented to the alien's reapplying for admission."
Subsec. (a)(6)(B). Pub. L. 104-208, Sec. 301(c)(1), amended
heading and text generally. Prior to amendment, text read as
follows: "Any alien who - 
"(i) has been arrested and deported,
"(ii) has fallen into distress and has been removed pursuant to
this chapter or any prior Act,
"(iii) has been removed as an alien enemy, or
"(iv) has been removed at Government expense in lieu of
deportation pursuant to section 1252(b) of this title,
and (a) who seeks admission within 5 years of the date of such
deportation or removal, or (b) who seeks admission within 20 years
in the case of an alien convicted of an aggravated felony, is
excludable, unless before the date of the alien's embarkation or
reembarkation at a place outside the United States or attempt to be
admitted from foreign contiguous territory the Attorney General has
consented to the alien's applying or reapplying for admission."
Subsec. (a)(6)(C)(i). Pub. L. 104-208, Sec. 308(f)(1)(D),
substituted "admission" for "entry".
Subsec. (a)(6)(C)(ii), (iii). Pub. L. 104-208, Sec. 344(a), added
cl. (ii) and redesignated former cl. (ii) as (iii).
Subsec. (a)(6)(F). Pub. L. 104-208, Sec. 345(a)(1), amended
heading and text of subpar. (F) generally. Prior to amendment, text
read as follows: "An alien who is the subject of a final order for
violation of section 1324c of this title is excludable."
Subsec. (a)(6)(G). Pub. L. 104-208, Sec. 346(a), added subpar.
(G).
Subsec. (a)(9). Pub. L. 104-208, Sec. 301(b)(1), added par. (9).
Former par. (9) redesignated (10).
Subsec. (a)(10). Pub. L. 104-208, Sec. 301(b)(1), redesignated
par. (9) as (10).
Subsec. (a)(10)(B). Pub. L. 104-208, Sec. 308(c)(2)(B), amended
heading and text of subpar. (B) generally. Prior to amendment, text
read as follows: "Any alien accompanying another alien ordered to
be excluded and deported and certified to be helpless from sickness
or mental or physical disability or infancy pursuant to section
1227(e) of this title, whose protection or guardianship is required
by the alien ordered excluded and deported, is excludable."
Subsec. (a)(10)(D). Pub. L. 104-208, Sec. 347(a), added subpar.
(D).
Subsec. (a)(10)(E). Pub. L. 104-208, Sec. 352(a), added subpar.
(E).
Subsec. (b). Pub. L. 104-208, Sec. 308(d)(1)(F), which directed
amendment of par. (2) by striking "or ineligible for entry", was
executed by striking the language in par. (1)(B) before "or
adjustment", to reflect the probable intent of Congress and the
intervening redesignation of par. (2) as par. (1)(B) by Pub. L. 104-
132, Sec. 412(1). See below.
Pub. L. 104-208, Sec. 308(d)(1)(E), substituted "inadmissible"
for "excludable" wherever appearing.
Pub. L. 104-132, Sec. 412, designated existing provisions as par.
(1), substituted "Subject to paragraphs (2) and (3), if" for "If",
redesignated former pars. (1) and (2) as subpars. (A) and (B),
respectively, realigned margins, and added pars. (2) and (3).
Subsec. (c). Pub. L. 104-208, Sec. 304(b), struck out subsec. (c)
which read as follows: "Aliens lawfully admitted for permanent
residence who temporarily proceeded abroad voluntarily and not
under an order of deportation, and who are returning to a lawful
unrelinquished domicile of seven consecutive years, may be admitted
in the discretion of the Attorney General without regard to the
provisions of subsection (a) of this section (other than paragraphs
(3) and (9)(C)). Nothing contained in this subsection shall limit
the authority of the Attorney General to exercise the discretion
vested in him under section 1181(b) of this title. This subsection
shall not apply to an alien who is deportable by reason of having
committed any criminal offense covered in section
1227(a)(2)(A)(iii), (B), (C), or (D) of this title, or any offense
covered by section 1227(a)(2)(A)(ii) of this title for which both
predicate offenses are, without regard to the date of their
commission, otherwise covered by section 1227(a)(2)(A)(i) of this
title."
Pub. L. 104-132, Sec. 440(d)(2), as amended by Pub. L. 104-208,
Secs. 306(d), 308(g)(1), (10)(H), substituted "is deportable by
reason of having committed any criminal offense covered in section
1227(a)(2)(A)(iii), (B), (C), or (D) of this title, or any offense
covered by section 1227(a)(2)(A)(ii) of this title for which both
predicate offenses are, without regard to the date of their
commission, otherwise covered by section 1227(a)(2)(A)(i) of this
title." for "has been convicted of one or more aggravated felonies
and has served for such felony or felonies a term of imprisonment
of at least 5 years."
Pub. L. 104-132, Sec. 440(d)(1), substituted "This" for "The
first sentence of this" in third sentence.
Subsec. (d)(1). Pub. L. 104-208, Sec. 308(e)(1)(B), substituted
"removal" for "deportation".
Pub. L. 104-208, Sec. 308(d)(1)(D), substituted "inadmissibility"
for "exclusion".
Subsec. (d)(3). Pub. L. 104-208, Sec. 308(d)(1)(E), substituted
"inadmissible aliens" for "excludable aliens".
Subsec. (d)(4). Pub. L. 104-208, Sec. 308(g)(1), substituted
"section 1223(c)" for "section 1228(c)".
Subsec. (d)(5)(A). Pub. L. 104-208, Sec. 602(a), substituted
"only on a case-by-case basis for urgent humanitarian reasons or
significant public benefit" for "for emergent reasons or for
reasons deemed strictly in the public interest".
Subsec. (d)(7). Pub. L. 104-208, Sec. 308(g)(4)(B), substituted
"section 1231(c)" for "section 1227(a)".
Pub. L. 104-208, Sec. 308(e)(2)(A), substituted "removed" for
"deported".
Pub. L. 104-208, Sec. 308(d)(1)(G), substituted "denied
admission" for "excluded from admission".
Subsec. (d)(11). Pub. L. 104-208, Sec. 671(e)(3), inserted comma
after "(4) thereof)".
Pub. L. 104-208, Sec. 351(a), inserted "an individual who at the
time of such action was" after "aided only".
Pub. L. 104-208, Sec. 308(e)(1)(C), substituted "removal" for
"deportation".
Subsec. (d)(12). Pub. L. 104-208, Sec. 345(a)(2), added par.
(12).
Subsec. (e). Pub. L. 104-208, Sec. 622(b), inserted ", or in the
case of a waiver requested by an interested United States
Government agency on behalf of an alien described in clause (iii),"
before "the waiver shall be subject to".
Subsec. (f). Pub. L. 104-208, Sec. 124(b)(1), inserted at end
"Whenever the Attorney General finds that a commercial airline has
failed to comply with regulations of the Attorney General relating
to requirements of airlines for the detection of fraudulent
documents used by passengers traveling to the United States
(including the training of personnel in such detection), the
Attorney General may suspend the entry of some or all aliens
transported to the United States by such airline."
Subsec. (g). Pub. L. 104-208, Sec. 341(b), substituted a
semicolon for ", or" at end of par. (1)(B), inserted "in accordance
with such terms, conditions, and controls, if any, including the
giving of bond, as the Attorney General, in the discretion of the
Attorney General after consultation with the Secretary of Health
and Human Services, may by regulation prescribe;" as par. (1)
concluding provisions, and substituted pars. (2) and (3) for former
par. (2) and concluding provisions which read as follows:
"(2) subsection (a)(1)(A)(ii) of this section in the case of
any alien,
in accordance with such terms, conditions, and controls, if any,
including the giving of bond, as the Attorney General, in his
discretion after consultation with the Secretary of Health and
Human Services, may by regulation prescribe."
Subsec. (h). Pub. L. 104-208, Sec. 348(a), inserted at end of
concluding provisions "No waiver shall be granted under this
subsection in the case of an alien who has previously been admitted
to the United States as an alien lawfully admitted for permanent
residence if either since the date of such admission the alien has
been convicted of an aggravated felony or the alien has not
lawfully resided continuously in the United States for a period of
not less than 7 years immediately preceding the date of initiation
of proceedings to remove the alien from the United States. No court
shall have jurisdiction to review a decision of the Attorney
General to grant or deny a waiver under this subsection."
Pub. L. 104-208, Sec. 308(g)(10)(A), which directed substitution
of "paragraphs (1) and (2) of section 1229b(a) of this title" for
"subsection (c) of this section", could not be executed because the
language "subsection (c) of this section" did not appear.
Subsec. (h)(1)(A)(i). Pub. L. 104-208, Sec. 308(f)(1)(E),
substituted "admission" for "entry".
Pub. L. 104-208, Sec. 308(d)(1)(E), substituted "inadmissible"
for "excludable" in two places.
Subsec. (h)(1)(B). Pub. L. 104-208, Sec. 308(d)(1)(H),
substituted "denial of admission" for "exclusion".
Subsec. (i). Pub. L. 104-208, Sec. 349, amended subsec. (i)
generally. Prior to amendment, subsec. (i) read as follows: "The
Attorney General may, in his discretion, waive application of
clause (i) of subsection (a)(6)(C) of this section - 
"(1) in the case of an immigrant who is the spouse, parent, or
son or daughter of a United States citizen or of an immigrant
lawfully admitted for permanent residence, or
"(2) if the fraud or misrepresentation occurred at least 10
years before the date of the immigrant's application for a visa,
entry, or adjustment of status and it is established to the
satisfaction of the Attorney General that the admission to the
United States of such immigrant would not be contrary to the
national welfare, safety, or security of the United States."
Subsec. (j)(1)(D). Pub. L. 104-208, Sec. 308(f)(1)(F),
substituted "admission" for "entry" in introductory provisions.
Subsec. (j)(1)(D)(ii). Pub. L. 104-208, Sec. 308(f)(3)(A),
substituted "is admitted to" for "enters".
Subsec. (k). Pub. L. 104-208, Sec. 308(d)(1)(E), substituted
"inadmissible" for "excludable".
Pub. L. 104-208, Sec. 308(d)(1)(D), substituted "inadmissibility"
for "exclusion".
Subsec. (l)(2)(B). Pub. L. 104-208, Sec. 308(e)(6), substituted
"removal of" for "deportation against".
1994 - Subsec. (a)(2)(A)(i)(I). Pub. L. 103-416, Sec. 203(a)(1),
inserted "or an attempt or conspiracy to commit such a crime" after
"offense)".
Subsec. (a)(2)(A)(i)(II). Pub. L. 103-416, Sec. 203(a)(2),
inserted "or attempt" after "conspiracy".
Subsec. (a)(5)(C). Pub. L. 103-416, Sec. 219(z)(5), amended
directory language of Pub. L. 102-232, Sec. 307(a)(6). See 1991
Amendment note below.
Subsec. (d)(1). Pub. L. 103-322 added par. (1).
Subsec. (d)(11). Pub. L. 103-416, Sec. 219(e), substituted
"voluntarily" for "voluntary".
Subsec. (e). Pub. L. 103-416, Sec. 220(a), in first proviso,
inserted "(or, in the case of an alien described in clause (iii),
pursuant to the request of a State Department of Public Health, or
its equivalent)" after "interested United States Government agency"
and "except that in the case of a waiver requested by a State
Department of Public Health, or its equivalent the waiver shall be
subject to the requirements of section 1184(k) of this title" after
"public interest".
Subsec. (h). Pub. L. 103-416, Sec. 203(a)(3), inserted before
period at end ", or an attempt or conspiracy to commit murder or a
criminal act involving torture".
Subsec. (n)(1)(A)(i). Pub. L. 103-416, Sec. 219(z)(1), made
technical correction to Pub. L. 102-232, Sec. 303(a)(7)(B)(i). See
1991 Amendment note below.
Subsec. (o). Pub. L. 103-317, Sec. 506(a), (c), temporarily added
subsec. (o) which read as follows: "An alien who has been
physically present in the United States shall not be eligible to
receive an immigrant visa within ninety days following departure
therefrom unless - 
"(1) the alien was maintaining a lawful nonimmigrant status at
the time of such departure, or
"(2) the alien is the spouse or unmarried child of an
individual who obtained temporary or permanent resident status
under section 1160 or 1255a of this title or section 202 of the
Immigration Reform and Control Act of 1986 at any date, who - 
"(A) as of May 5, 1988, was the unmarried child or spouse of
the individual who obtained temporary or permanent resident
status under section 1160 or 1255a of this title or section 202
of the Immigration Reform and Control Act of 1986;
"(B) entered the United States before May 5, 1988, resided in
the United States on May 5, 1988, and is not a lawful permanent
resident; and
"(C) applied for benefits under section 301(a) of the
Immigration Act of 1990."
See Effective and Termination Dates of 1994 Amendments note below.
1993 - Subsec. (a)(1)(A)(i). Pub. L. 103-43 inserted at end
"which shall include infection with the etiologic agent for
acquired immune deficiency syndrome,".
1991 - Subsec. (a)(1)(A)(ii)(II). Pub. L. 102-232, Sec.
307(a)(1), inserted "or" at end.
Subsec. (a)(3)(A)(i). Pub. L. 102-232, Sec. 307(a)(2), inserted
"(I)" after "any activity" and "(II)" after "sabotage or".
Subsec. (a)(3)(B)(iii)(III). Pub. L. 102-232, Sec. 307(a)(3),
substituted "a terrorist activity" for "an act of terrorist
activity".
Subsec. (a)(3)(C)(iv). Pub. L. 102-232, Sec. 307(a)(5),
substituted "identity" for "identities".
Subsec. (a)(3)(D)(iv). Pub. L. 102-232, Sec. 307(a)(4),
substituted "if the immigrant" for "if the alien".
Subsec. (a)(5). Pub. L. 102-232, Sec. 302(e)(6), repealed Pub. L.
101-649, Sec. 162(e)(1). See 1990 Amendment note below.
Subsec. (a)(5)(C). Pub. L. 102-232, Sec. 307(a)(6), as amended by
Pub. L. 103-416, Sec. 219(z)(5), substituted "immigrants seeking
admission or adjustment of status under paragraph (2) or (3) of
section 1153(b) of this title" for "preference immigrant aliens
described in paragraph (3) or (6) of section 1153(a) of this title
and to nonpreference immigrant aliens described in section
1153(a)(7) of this title".
Subsec. (a)(6)(B). Pub. L. 102-232, Sec. 307(a)(7), in closing
provisions, substituted "(a) who seeks" for "who seeks", ", or (b)
who seeks admission" for "(or", and "felony," for "felony)".
Subsec. (a)(6)(E)(ii), (iii). Pub. L. 102-232, Sec. 307(a)(8),
added cl. (ii) and redesignated former cl. (ii) as (iii).
Subsec. (a)(8)(B). Pub. L. 102-232, Sec. 307(a)(9), substituted
"person" for "alien" after "Any".
Subsec. (a)(9)(C)(i). Pub. L. 102-232, Sec. 307(a)(10)(A),
substituted "an order by a court in the United States granting
custody to a person of a United States citizen child who detains or
retains the child, or withholds custody of the child, outside the
United States from the person granted custody by that order, is
excludable until the child is surrendered to the person granted
custody by that order" for "a court order granting custody to a
citizen of the United States of a child having a lawful claim to
United States citizenship, detains, retains, or withholds custody
of the child outside the United States from the United States
citizen granted custody, is excludable until the child is
surrendered to such United States citizen".
Subsec. (a)(9)(C)(ii). Pub. L. 102-232, Sec. 307(a)(10)(B),
substituted "so long as the child is located in a foreign state
that is a party" for "to an alien who is a national of a foreign
state that is a signatory".
Subsec. (a)(17). Pub. L. 102-232, Sec. 306(a)(12), amended Pub.
L. 101-649, Sec. 514(a). See 1990 Amendment note below.
Subsec. (c). Pub. L. 102-232, Sec. 307(b), substituted
"paragraphs (3) and (9)(C)" for "subparagraphs (A), (B), (C), or
(E) of paragraph (3)".
Pub. L. 102-232, Sec. 306(a)(10), substituted "one or more
aggravated felonies and has served for such felony or felonies" for
"an aggravated felony and has served".
Subsec. (d)(3). Pub. L. 102-232, Sec. 307(c), substituted
"(3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii)," for "(3)(A)," in two
places and "(3)(E)" for "(3)(D)" in two places.
Subsec. (d)(11). Pub. L. 102-232, Sec. 307(d), inserted "and in
the case of an alien seeking admission or adjustment of status as
an immediate relative or immigrant under section 1153(a) of this
title (other than paragraph (4) thereof)" after "section 1181(b) of
this title".
Subsec. (g)(1). Pub. L. 102-232, Sec. 307(e), substituted
"subsection (a)(1)(A)(i)" for "section (a)(1)(A)(i)".
Subsec. (h). Pub. L. 102-232, Sec. 307(f)(1), struck out "in the
case of an immigrant who is the spouse, parent, son, or daughter of
a citizen of the United States or alien lawfully admitted for
permanent residence" after "marijuana" in introductory provisions.
Subsec. (h)(1). Pub. L. 102-232, Sec. 307(f)(2), designated
existing provisions as subpar. (A) and inserted "in the case of any
immigrant" in introductory provisions, redesignated former subpars.
(A) to (C) as cls. (i) to (iii), respectively, struck out "and" at
end of cl. (i), substituted "or" for "and" at end of cl. (iii), and
added subpar. (B).
Subsec. (i). Pub. L. 102-232, Sec. 307(g), substituted
"immigrant" and "immigrant's" for "alien" and "alien's",
respectively, wherever appearing.
Subsec. (j)(1)(D). Pub. L. 102-232, Sec. 309(b)(7), substituted
"United States Information Agency" for "International Communication
Agency".
Subsec. (j)(2). Pub. L. 102-232, Sec. 303(a)(5)(B), added par.
(2) and struck out former par. (2) which related to inapplicability
of par. (1)(A) and (B)(ii)(I) requirements between effective date
of subsec. and Dec. 31, 1983.
Subsec. (j)(3). Pub. L. 102-232, Sec. 309(b)(7), substituted
"United States Information Agency" for "International Communication
Agency".
Subsec. (m)(2)(A). Pub. L. 102-232, Sec. 302(e)(9), inserted,
after first sentence of closing provisions, sentence relating to
attestation that facility will not replace nurse with nonimmigrant
for period of one year after layoff.
Subsec. (n)(1). Pub. L. 102-232, Sec. 303(a)(7)(B)(ii), (iii),
redesignated matter after first sentence of subpar. (D) as closing
provisions of par. (1), substituted "(and such accompanying
documents as are necessary)" for "(and accompanying
documentation)", and inserted last two sentences providing for
review and certification by Secretary of Labor.
Subsec. (n)(1)(A)(i). Pub. L. 102-232, Sec. 303(a)(7)(B)(i), as
amended by Pub. L. 103-416, Sec. 219(z)(1), in introductory
provisions substituted "admitted or provided status as a
nonimmigrant described in section 1101(a)(15)(H)(i)(b) of this
title" for "and to other individuals employed in the occupational
classification and in the area of employment", in closing
provisions substituted "based on the best information available"
for "determined", and amended subcl. (I) generally. Prior to
amendment, subcl. (I) read as follows: "the actual wage level for
the occupational classification at the place of employment, or".
Subsec. (n)(1)(A)(ii). Pub. L. 102-232, Sec. 303(a)(6),
substituted "for such a nonimmigrant" for "for such aliens".
Subsec. (n)(1)(D). Pub. L. 102-232, Sec. 303(a)(7)(B)(iii),
redesignated matter after first sentence as closing provisions of
par. (1).
Subsec. (n)(2)(C). Pub. L. 102-232, Sec. 303(a)(7)(B)(iv),
substituted "of paragraph (1)(B), a substantial failure to meet a
condition of paragraphs (1)(C) or (1)(D), a willful failure to meet
a condition of paragraph (1)(A), or a misrepresentation" for "(or a
substantial failure in the case of a condition described in
subparagraph (C) or (D) of paragraph (1)) or misrepresentation".
Subsec. (n)(2)(D). Pub. L. 102-232, Sec. 303(a)(7)(B)(v), (vi),
substituted "If" for "In addition to the sanctions provided under
subparagraph (C), if" and inserted before period at end ", whether
or not a penalty under subparagraph (C) has been imposed".
1990 - Subsec. (a). Pub. L. 101-649, Sec. 601(a), amended subsec.
(a) generally, decreasing number of classes of excludable aliens
from 34 to 9 by broadening descriptions of such classes.
Pub. L. 101-649, Sec. 514(a), as amended by Pub. L. 102-232, Sec.
306(a)(12), substituted "20 years" for "ten years" in par. (17).
Pub. L. 101-649, Sec. 162(e)(1), which provided that par. (5) is
amended in subpar. (A), by striking "Any alien who seeks to enter
the United States for the purpose of performing skilled or
unskilled labor" and inserting "Any alien who seeks admission or
status as an immigrant under paragraph (2) or (3) of section
1153(b) of this title, in subpar. (B), by inserting "who seeks
admission or status as an immigrant under paragraph (2) or (3) of
section 1153(b) of this title" after "An alien" the first place it
appears, and by striking subpar. (C), was repealed by Pub. L. 102-
232, Sec. 302(e)(6). See Construction of 1990 Amendment note
below.
Pub. L. 101-246, Sec. 131(a), added par. (34) which read as
follows: "Any alien who has committed in the United States any
serious criminal offense, as defined in section 1101(h) of this
title, for whom immunity from criminal jurisdiction was exercised
with respect to that offense, who as a consequence of the offense
and the exercise of immunity has departed the United States, and
who has not subsequently submitted fully to the jurisdiction of the
court in the United States with jurisdiction over the offense."
Subsec. (b). Pub. L. 101-649, Sec. 601(b), added subsec. (b) and
struck out former subsec. (b) which related to nonapplicability of
subsec. (a)(25).
Subsec. (c). Pub. L. 101-649, Sec. 601(d)(1), substituted
"subsection (a) of this section (other than subparagraphs (A), (B),
(C), or (E) of paragraph (3))" for "paragraph (1) through (25) and
paragraphs (30) and (31) of subsection (a) of this section".
Pub. L. 101-649, Sec. 511(a), inserted at end "The first sentence
of this subsection shall not apply to an alien who has been
convicted of an aggravated felony and has served a term of
imprisonment of at least 5 years."
Subsec. (d)(1), (2). Pub. L. 101-649, Sec. 601(d)(2)(A), struck
out pars. (1) and (2) which related to applicability of subsec.
(a)(11), (25), and (28).
Subsec. (d)(3). Pub. L. 101-649, Sec. 601(d)(2)(B), substituted
"under subsection (a) of this section (other than paragraphs
(3)(A), (3)(C), and (3)(D) of such subsection)" for "under one or
more of the paragraphs enumerated in subsection (a) of this section
(other than paragraphs (27), (29), and (33))" wherever appearing,
and inserted at end "The Attorney General shall prescribe
conditions, including exaction of such bonds as may be necessary,
to control and regulate the admission and return of excludable
aliens applying for temporary admission under this paragraph."
Subsec. (d)(4). Pub. L. 101-649, Sec. 601(d)(2)(C), substituted
"(7)(B)(i)" for "(26)".
Subsec. (d)(5)(A). Pub. L. 101-649, Sec. 202(b), inserted "or in
section 1184(f) of this title" after "except as provided in
subparagraph (B)".
Subsec. (d)(6). Pub. L. 101-649, Sec. 601(d)(2)(A), struck out
par. (6) which directed that Attorney General prescribe conditions
to control excludable aliens applying for temporary admission.
Subsec. (d)(7). Pub. L. 101-649, Sec. 601(d)(2)(D), substituted
"(other than paragraph (7))" for "of this section, except
paragraphs (20), (21), and (26),".
Subsec. (d)(8). Pub. L. 101-649, Sec. 601(d)(2)(E), substituted
"(3)(A), (3)(B), (3)(C), and (7)(B)" for "(26), (27), and (29)".
Subsec. (d)(9), (10). Pub. L. 101-649, Sec. 601(d)(2)(A), struck
out pars. (9) and (10) which related to applicability of pars. (7)
and (15), respectively, of subsec. (a).
Subsec. (d)(11). Pub. L. 101-649, Sec. 601(d)(2)(F), added par.
(11).
Subsec. (g). Pub. L. 101-649, Sec. 601(d)(3), amended subsec. (g)
generally, substituting provisions relating to waiver of
application for provisions relating to admission of mentally
retarded, tubercular, and mentally ill aliens.
Subsec. (h). Pub. L. 101-649, Sec. 601(d)(4), amended subsec. (h)
generally, substituting provisions relating to waiver of certain
subsec. (a)(2) provisions for provisions relating to
nonapplicability of subsec. (a)(9), (10), (12), (23), and (34).
Pub. L. 101-246, Sec. 131(c), substituted "(12), or (34)" for "or
(12)".
Subsec. (i). Pub. L. 101-649, Sec. 601(d)(5), amended subsec. (i)
generally, substituting provisions relating to waiver of subsec.
(a)(6)(C)(i) of this section for provisions relating to admission
of alien spouse, parent or child excludable for fraud.
Subsec. (k). Pub. L. 101-649, Sec. 601(d)(6), substituted
"paragraph (5)(A) or (7)(A)(i)" for "paragraph (14), (20), or
(21)".
Subsec. (l). Pub. L. 101-649, Sec. 601(d)(7), substituted
"paragraph (7)(B)(i)" for "paragraph (26)(B)".
Subsec. (m)(2)(A). Pub. L. 101-649, Sec. 162(f)(2)(B), in opening
provision, struck out ", with respect to a facility for which an
alien will perform services," before "is an attestation", in cl.
(iii) inserted "employed by the facility" after "The alien", and
inserted at end "In the case of an alien for whom an employer has
filed an attestation under this subparagraph and who is performing
services at a worksite other than the employer's or other than a
worksite controlled by the employer, the Secretary may waive such
requirements for the attestation for the worksite as may be
appropriate in order to avoid duplicative attestations, in cases of
temporary, emergency circumstances, with respect to information not
within the knowledge of the attestor, or for other good cause."
Subsec. (n). Pub. L. 101-649, Sec. 205(c)(3), added subsec. (n).
1989 - Subsec. (m). Pub. L. 101-238 added subsec. (m).
1988 - Subsec. (a)(17). Pub. L. 100-690 inserted "(or within ten
years in the case of an alien convicted of an aggravated felony)"
after "within five years".
Subsec. (a)(19). Pub. L. 100-525, Sec. 7(c)(1), made technical
correction to directory language of Pub. L. 99-639, Sec. 6(a). See
1986 Amendment note below.
Subsec. (a)(32). Pub. L. 100-525, Sec. 9(i)(1), substituted
"Secretary of Education" for "Commissioner of Education" and
"Secretary of Health and Human Services" for "Secretary of Health,
Education, and Welfare".
Subsec. (d)(4). Pub. L. 100-525, Sec. 8(f), added Pub. L. 99-653,
Sec. 7(d)(2). See 1986 Amendment note below.
Subsec. (e). Pub. L. 100-525, Sec. 9(i)(2), substituted "Director
of the United States Information Agency" for "Secretary of State"
the first place appearing, and "Director" for "Secretary of State"
each subsequent place appearing.
Subsec. (g). Pub. L. 100-525, Sec. 9(i)(3), substituted
"Secretary of Health and Human Services" for "Surgeon General of
the United States Public Health Service" wherever appearing.
Subsec. (h). Pub. L. 100-525, Sec. 9(i)(4), substituted
"paragraph (9)" for "paragraphs (9)".
Subsec. (i). Pub. L. 100-525, Sec. 7(c)(3), added Pub. L. 99-639,
Sec. 6(b). See 1986 Amendment note below.
Subsec. (l). Pub. L. 100-525, Sec. 3(1)(A), made technical
correction to Pub. L. 99-396, Sec. 14(a). See 1986 Amendment note
below.
1987 - Subsec. (a)(23). Pub. L. 100-204 amended par. (23)
generally. Prior to amendment, par. (23) read as follows: "Any
alien who has been convicted of a violation of, or a conspiracy to
violate, any law or regulation of a State, the United States, or a
foreign country relating to a controlled substance (as defined in
section 802 of title 21); or any alien who the consular officer or
immigration officer know or have reason to believe is or has been
an illicit trafficker in any such controlled substance;".
1986 - Subsec. (a)(19). Pub. L. 99-639, Sec. 6(a), as amended by
Pub. L. 100-525, Sec. 7(c)(1), amended par. (19) generally. Prior
to amendment, par. (19) read as follows: "Any alien who seeks to
procure, or has sought to procure, or has procured a visa or other
documentation, or seeks to enter the United States, by fraud, or by
willfully misrepresenting a material fact;".
Subsec. (a)(23). Pub. L. 99-570 substituted "any law or
regulation of a State, the United States, or a foreign country
relating to a controlled substance (as defined in section 802 of
title 21)" for "any law or regulation relating to the illicit
possession of or traffic in narcotic drugs or marihuana, or who has
been convicted of a violation of, or a conspiracy to violate, any
law or regulation governing or controlling the taxing, manufacture,
production, compounding, transportation, sale, exchange,
dispensing, giving away, importation, exportation, or the
possession for the purpose of the manufacture, production,
compounding, transportation, sale, exchange, dispensing, giving
away, importation, or exportation of opium, coca leaves, heroin,
marihuana, or any salt derivative, or preparation of opium or coca
leaves, or isonipecaine or any addiction-forming or addiction-
sustaining opiate" and "any such controlled substance" for "any of
the aforementioned drugs".
Subsec. (a)(24). Pub. L. 99-653 struck out par. (24) which
related to aliens seeking admission from foreign contiguous
territory or adjacent islands who arrived there on vessel or
aircraft of nonsignatory line or noncomplying transportation line
and have not resided there at least two years subsequent to such
arrival, except for aliens described in section 1101(a)(27)(A) of
this title and aliens born in Western Hemisphere, and further
provided that no paragraph following par. (24) shall be
redesignated as result of this amendment.
Subsec. (d)(4). Pub. L. 99-653, Sec. 7(d)(2), as added by Pub. L.
100-525, Sec. 8(f), substituted "section 1228(c) of this title" for
"section 1228(d) of this title".
Subsec. (i). Pub. L. 99-639, Sec. 6(b), as added by Pub. L. 100-
525, Sec. 7(c)(3), inserted "or other benefit under this chapter"
after "United States,".
Subsec. (l). Pub. L. 99-396, Sec. 14(a), as amended by Pub. L.
100-525, Sec. 3(1)(A), amended subsec. (l) generally, designating
existing provisions as par. (1) and redesignating former pars. (1)
and (2) as subpars. (A) and (B), respectively, inserting in par.
(1) as so designated reference to consultation with the Governor of
Guam, inserting in subpar. (B) as so redesignated reference to the
welfare, safety, and security of the territories and commonwealths
of the United States, and adding pars. (2) and (3).
1984 - Subsec. (a)(9). Pub. L. 98-473 amended last sentence
generally. Prior to amendment, last sentence read as follows: "Any
alien who would be excludable because of a conviction of a
misdemeanor classifiable as a petty offense under the provisions of
section 1(3) of title 18, by reason of the punishment actually
imposed, or who would be excludable as one who admits the
commission of an offense that is classifiable as a misdemeanor
under the provisions of section 1(2) of title 18, by reason of the
punishment which might have been imposed upon him, may be granted a
visa and admitted to the United States if otherwise admissible:
Provided, That the alien has committed only one such offense, or
admits the commission of acts which constitute the essential
elements of only one such offense;".
Subsec. (l). Pub. L. 98-454 added subsec. (l).
1981 - Subsec. (a)(17). Pub. L. 97-116, Sec. 4(1), inserted "and
who seek admission within five years of the date of such
deportation or removal," after "section 1252(b) of this title,".
Subsec. (a)(32). Pub. L. 97-116, Secs. 5(a)(1), 18(e)(1),
substituted "in the United States)" for "in the United States" and
inserted provision that for purposes of this paragraph an alien who
is a graduate of a medical school be considered to have passed
parts I and II of the National Board of Medical Examiners
examination if the alien was fully and permanently licensed to
practice medicine in a State on Jan. 9, 1978, and was practicing
medicine in a State on that date.
Subsec. (d)(6). Pub. L. 97-116, Sec. 4(2), struck out provision
that the Attorney General make a detailed report to Congress in any
case in which he exercises his authority under par. (3) of this
subsection on behalf of any alien excludable under subsec. (a)(9),
(10), and (28) of this section.
Subsec. (h). Pub. L. 97-116, Sec. 4(3), substituted "paragraphs
(9), (10), or (12) of subsection (a) of this section or paragraph
(23) of such subsection as such paragraph relates to a single
offense of simple possession of 30 grams or less of marihuana" for
"paragraphs (9), (10), or (12) of subsection (a) of this section".
Subsec. (j)(1). Pub. L. 97-116, Sec. 5(b)(1), inserted "as
follows" after "training are".
Subsec. (j)(1)(A). Pub. L. 97-116, Sec. 5(b)(3), (4), substituted
"Secretary of Education" for "Commissioner of Education" and a
period for the semicolon at the end.
Subsec. (j)(1)(B). Pub. L. 97-116, Sec. 5(a)(2), (b)(3), (7)(A),
(B), substituted "Secretary of Education" for "Commissioner of
Education", "(ii)(I)" for "(ii)", and "Secretary of Health and
Human Services" for "Secretary of Health, Education, and Welfare";
inserted "(II)" before "has competency", "(III)" before "will be
able to adapt", and "(IV)" before "has adequate prior education";
and inserted provision that for purposes of this subparagraph an
alien who is a graduate of a medical school be considered to have
passed parts I and II of the National Board of Medical Examiners
examination if the alien was fully and permanently licensed to
practice medicine in a State on Jan. 9, 1978, and was practicing
medicine in a State on that date.
Subsec. (j)(1)(C). Pub. L. 97-116, Sec. 5(b)(2)-(4), struck out
"(including any extension of the duration thereof under
subparagraph (D))" after "to the United States" and substituted
"Secretary of Health and Human Services" for "Secretary of Health,
Education, and Welfare" and a period for "; and" at end.
Subsec. (j)(1)(D). Pub. L. 97-116, Sec. 5(b)(5), substituted
provision permitting aliens coming to the United States to study in
medical residency training programs to remain until the typical
completion date of the program, as determined by the Director of
the International Communication Agency at the time of the alien's
entry, based on criteria established in coordination with the
Secretary of Health and Human Services, except that such duration
be limited to seven years unless the alien demonstrates to the
satisfaction of the Director that the country to which the alien
will return after such specialty education has exceptional need for
an individual trained in such specialty, and that the alien may
change enrollment in programs once within two years after coming to
the United States if approval of the Director is obtained and
further commitments are obtained from the alien to assure that,
upon completion of the program, the alien would return to his
country for provision limiting the duration of the alien's
participation in the program for which he is coming to the United
States to not more than 2 years, with a possible one year
extension.
Subsec. (j)(1)(E). Pub. L. 97-116, Sec. 5(b)(6), added subpar.
(E).
Subsec. (j)(2)(A). Pub. L. 97-116, Sec. 5(b)(7)(C)-(F),
substituted "and (B)(ii)(I)" for "and (B)" and "1983" for "1981";
inserted "(i) the Secretary of Health and Human Services
determines, on a case-by-case basis, that" after "if"; and added
cl. (ii).
Subsec. (j)(2)(B). Pub. L. 97-116, Sec. 5(b)(7)(G), inserted
provision directing Secretary of Health and Human Services, in
coordination with Attorney General and Director of the
International Communication Agency, to monitor the issuance of
waivers under subpar. (A) and the needs of the communities, with
respect to which such waivers are issued, to assure that quality
medical care is provided and to review each program with such a
waiver to assure that the plan described in subpar. (A)(ii) is
being carried out and that the participants in such program are
being provided appropriate supervision in their medical education
and training.
Subsec. (j)(2)(C). Pub. L. 97-116, Sec. 5(b)(7)(G), added subpar.
(C).
Subsec. (j)(3). Pub. L. 97-116, Sec. 5(b)(8), added par. (3).
Subsec. (k). Pub. L. 97-116, Sec. 18(e)(2), added subsec. (k).
1980 - Subsec. (a)(14), (32). Pub. L. 96-212, Sec. 203(d),
substituted "1153(a)(7)" for "1153(a)(8)".
Subsec. (d)(5). Pub. L. 96-212, Sec. 203(f), redesignated
existing provisions as subpar. (A), inserted provision excepting
subpar. (B), and added subpar. (B).
Subsec. (j)(2)(A). Pub. L. 96-538 substituted "December 30, 1981"
for "December 30, 1980".
1979 - Subsec. (d)(9), (10). Pub. L. 96-70 added pars. (9) and
(10).
1978 - Subsec. (a)(33). Pub. L. 95-549, Sec. 101, added par.
(33).
Subsec. (d)(3). Pub. L. 95-549, Sec. 102, inserted reference to
par. (33) in parenthetical text.
1977 - Subsec. (a)(32). Pub. L. 95-83, Sec. 307(q)(1), inserted
"not accredited by a body or bodies approved for the purpose by the
Commissioner of Education (regardless of whether such school of
medicine is in the United States" after "graduates of a medical
school" in first sentence and struck out second sentence exclusion
of aliens provision with respect to application to special
immigrants defined in section 1101(a)(27)(A) of this title (other
than the parents, spouses, or children of the United States
citizens or of aliens lawfully admitted for permanent residence).
Subsec. (j)(1)(B). Pub. L. 95-83, Sec. 307(q)(2)(A), inserted cl.
(i) and designated existing provisions as cl. (ii).
Subsec. (j)(1)(C). Pub. L. 95-83, Sec. 307(q)(2)(B), substituted
"that there is a need in that country for persons with the skills
the alien will acquire in such education or training" for "that
upon such completion and return, he will be appointed to a position
in which he will fully utilize the skills acquired in such
education or training in the government of that country or in an
educational or other appropriate institution or agency in that
country".
Subsec. (j)(1)(D). Pub. L. 95-83, Sec. 307(q)(2)(C), substituted
"at the written request" for "at the request", struck out cl. "(i)
such government provides a written assurance, satisfactory to the
Secretary of Health, Education, and Welfare, that the alien will,
at the end of such extension, be appointed to a position in which
he will fully utilize the skills acquired in such education or
training in the government of that country or in an educational or
other appropriate institution or agency in that country,", and
redesignated as cls. (i) and (ii) former cls. (ii) and (iii).
Subsec. (j)(2)(A). Pub. L. 95-83, Sec. 307(q)(2)(D), substituted
"(A) and (B)" for "(A) through (D)".
1976 - Subsec. (a)(14). Pub. L. 94-571, Sec. 5, in revising par.
(14), inserted in cl. (A) "(or equally qualified in the case of
aliens who are members of the teaching profession or who have
exceptional ability in the sciences or the arts)" and struck out
"in the United States" after "sufficient workers" and "destined"
before "to perform" and introductory provision of last sentence
making exclusion of aliens under par. (14) applicable to special
immigrants defined in former provision of section 1101(a)(27)(A) of
this title (other than the parents, spouses, or children of United
States citizens or of aliens lawfully admitted to the United States
for permanent residence).
Subsec. (a)(24). Pub. L. 94-571, Sec. 7(d), substituted in
parenthetical text "section 1101(a)(27)(A) of this title and aliens
born in the Western Hemisphere" for "section 1101(a)(27)(A) and (B)
of this title".
Subsec. (a)(32). Pub. L. 94-484, Sec. 601(a), added par. (32).
Subsec. (e). Pub. L. 94-484, Sec. 601(c), substituted "(i) whose"
for "whose (i)", and "residence, (ii)" for "residence, or (ii)",
inserted "or (iii) who came to the United States or acquired such
status in order to receive graduate medical education or training,"
before "shall be eligible", and inserted ", except in the case of
an alien described in clause (iii)," in second proviso.
Subsec. (j). Pub. L. 94-484, Sec. 601(d), added subsec. (j).
1970 - Subsec. (e). Pub. L. 91-225 inserted cls. (i) and (ii) and
reference to eligibility for nonimmigrant visa under section
1101(a)(15)(L) of this title, provided for waiver of requirement of
two-year foreign residence abroad where alien cannot return to the
country of his nationality or last residence because he would be
subject to persecution on account of race, religion, or political
opinion or where the foreign country of alien's nationality or last
residence has furnished a written statement that it has no
objection to such waiver for such alien, and struck out alternative
provision for residence and physical presence in another foreign
country and former first and final provisos which read as follows:
"Provided, That such residence in another foreign country shall be
considered to have satisfied the requirements of this subsection if
the Secretary of State determines that it has served the purpose
and the intent of the Mutual Educational and Cultural Exchange Act
of 1961" and "And provided further, That the provisions of this
subchapter shall apply also to those persons who acquired exchange
visitor status under the United States Information and Educational
Exchange Act of 1948, as amended."
1965 - Subsec. (a)(1). Pub. L. 89-236, Sec. 15(a), substituted
"mentally retarded" for "feebleminded".
Subsec. (a)(4). Pub. L. 89-236, Sec. 15(b), substituted "or
sexual deviation" for "epilepsy".
Subsec. (a)(14). Pub. L. 89-236, Sec. 10(a), inserted requirement
that Secretary of Labor make an affirmative finding that any alien
seeking to enter the United States as a worker, skilled or
otherwise, will not replace a worker in the United States nor will
the employment of the alien adversely affect the wages and working
conditions of individuals in the United States similarly employed,
and made the requirement applicable to special immigrants (other
than the parents, spouses, and minor children of U.S. citizens or
permanent resident aliens), preference immigrants described in
sections 1153(a)(3) and 1153(a)(6) of this title, and nonpreference
immigrants.
Subsec. (a)(20). Pub. L. 89-236, Sec. 10(b), substituted
"1181(a)" for "1181(e)".
Subsec. (a)(21). Pub. L. 89-236, Sec. 10(c), struck out "quota"
before "immigrant".
Subsec. (a)(24). Pub. L. 89-236, Sec. 10(d), substituted "other
than aliens described in section 1101(a)(27)(A) and (B)" for "other
than those aliens who are nativeborn citizens of countries
enumerated in section 1101(a)(27) of this title and aliens
described in section 1101(a)(27)(B) of this title".
Subsec. (g). Pub. L. 89-236, Sec. 15(c), redesignated subsec. (f)
of sec. 212 of the Immigration and Nationality Act as subsec. (g)
thereof, which for purposes of codification had already been
designated as subsec. (g) of this section and granted the Attorney
General authority to admit any alien who is the spouse, unmarried
son or daughter, minor adopted child, or parent of a citizen or
lawful permanent resident and who is mentally retarded or has a
past history of mental illness under the same conditions as
authorized in the case of such close relatives afflicted with
tuberculosis.
Subsecs. (h), (i). Pub. L. 89-236, Sec. 15(c), redesignated
subsecs. (g) and (h) of sec. 212 of the Immigration and Nationality
Act as subsecs. (h) and (i) respectively thereof, which for
purposes of codification had already been designated as subsecs.
(h) and (i) of this section.
1961 - Subsec. (a)(6). Pub. L. 87-301, Sec. 11, struck out
references to tuberculosis and leprosy.
Subsec. (a)(9). Pub. L. 87-301, Sec. 13, authorized admission of
aliens who would be excluded because of conviction of a violation
classifiable as an offense under section 1(3) of title 18, by
reason of punishment actually imposed, or who admit commission of
an offense classifiable as a misdemeanor under section 1(2) of
title 18, by reason of punishment which might have been imposed, if
otherwise admissible and provided the alien has committed, or
admits to commission of, only one such offense.
Subsecs. (e), (f). Pub. L. 87-256 added subsec. (e) and
redesignated former subsec. (e) as (f).
Subsecs. (g) to (i). Pub. L. 87-301, Secs. 12, 14, 15, added
subsecs. (f) to (h), which for purposes of codification have been
designated as subsecs. (g) to (i).
1960 - Subsec. (a). Pub. L. 86-648 inserted "or marihuana" after
"narcotic drugs" in cl. (23).
1959 - Subsec. (d). Pub. L. 86-3 struck out provisions from cl.
(7) which related to aliens who left Hawaii and to persons who were
admitted to Hawaii under section 8(a)(1) of the act of March 24,
1934, or as nationals of the United States.
1958 - Subsec. (d)(7). Pub. L. 85-508 struck out provisions which
related to aliens who left Alaska.
1956 - Subsec. (a)(23). Act July 18, 1956, included conspiracy to
violate a narcotic law, and the illicit possession of narcotics, as
additional grounds for exclusion.
CHANGE OF NAME                          
Committee on Foreign Affairs of House of Representatives treated
as referring to Committee on International Relations of House of
Representatives by section 1(a) of Pub. L. 104-14, set out as a
note preceding section 21 of Title 2, The Congress.
EFFECTIVE DATE OF 2005 AMENDMENT                 
Pub. L. 109-13, div. B, title I, Sec. 103(d), May 11, 2005, 119
Stat. 308, provided that: "The amendments made by this section
[amending this section] shall take effect on the date of the
enactment of this division [May 11, 2005], and these amendments,
and section 212(a)(3)(B) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(3)(B)), as amended by this section, shall apply to -

"(1) removal proceedings instituted before, on, or after the
date of the enactment of this division; and
"(2) acts and conditions constituting a ground for
inadmissibility, excludability, deportation, or removal occurring
or existing before, on, or after such date."
EFFECTIVE DATE OF 2004 AMENDMENTS                 
Pub. L. 108-458, title V, Sec. 5501(c), Dec. 17, 2004, 118 Stat.
3740, provided that: "The amendments made by this section [amending
this section and section 1227 of this title] shall apply to
offenses committed before, on, or after the date of enactment of
this Act [Dec. 17, 2004]."
Pub. L. 108-447, div. J, title IV, Sec. 424(a)(2), Dec. 8, 2004,
118 Stat. 3355, provided that: "The amendment made by paragraph (1)
[amending this section] shall take effect as if enacted on October
1, 2003."
Pub. L. 108-447, div. J, title IV, Sec. 430, Dec. 8, 2004, 118
Stat. 3361, provided that:
"(a) In General. - Except as provided in subsection (b), this
subtitle [subtitle B (Secs. 421-430) of title IV of div. J of Pub.
L. 108-447, enacting section 1381 of this title, amending this
section, sections 1184, and 1356 of this title, section 2916a of
Title 29, Labor, and section 1869c of Title 42, The Public Health
and Welfare, and enacting provisions set out as notes under this
section and sections 1101 and 1184 of this title] and the
amendments made by this subtitle shall take effect 90 days after
the date of enactment of this Act [Dec. 8, 2004].
"(b) Exceptions. - The amendments made by sections 422(b),
426(a), and 427 [amending sections 1184 and 1356 of this title]
shall take effect upon the date of enactment of this Act [Dec. 8,
2004]."
EFFECTIVE AND TERMINATION DATES OF 2003 AMENDMENT         
Amendment by Pub. L. 108-77 effective on the date the United
States-Chile Free Trade Agreement enters into force (Jan. 1, 2004),
and ceases to be effective on the date the Agreement ceases to be
in force, see section 107 of Pub. L. 108-77, set out in a note
under section 3805 of Title 19, Customs Duties.
EFFECTIVE DATE OF 2002 AMENDMENTS                 
Pub. L. 107-273, div. C, title I, Sec. 11018(d), Nov. 2, 2002,
116 Stat. 1825, provided that: "The amendments made by this section
[amending this section, section 1184 of this title, and provisions
set out as a note under this section] shall take effect as if this
Act [see Tables for classification] were enacted on May 31, 2002."
Pub. L. 107-150, Sec. 2(b), Mar. 13, 2002, 116 Stat. 75, provided
that: "The amendments made by subsection (a) [amending this section
and section 1183a of this title] shall apply with respect to deaths
occurring before, on, or after the date of the enactment of this
Act [Mar. 13, 2002], except that, in the case of a death occurring
before such date, such amendments shall apply only if - 
"(1) the sponsored alien - 
"(A) requests the Attorney General to reinstate the
classification petition that was filed with respect to the
alien by the deceased and approved under section 204 of the
Immigration and Nationality Act (8 U.S.C. 1154) before such
death; and
"(B) demonstrates that he or she is able to satisfy the
requirement of section 212(a)(4)(C)(ii) of such Act (8 U.S.C.
1182(a)(4)(C)(ii)) by reason of such amendments; and
"(2) the Attorney General reinstates such petition after making
the determination described in section 213A(f)(5)(B)(ii) of such
Act [8 U.S.C. 1183a(f)(5)(B)(ii)] (as amended by subsection
(a)(1) of this Act)."
EFFECTIVE DATE OF 2001 AMENDMENT                 
Pub. L. 107-56, title IV, Sec. 411(c), Oct. 26, 2001, 115 Stat.
348, provided that:
"(1) In general. - Except as otherwise provided in this
subsection, the amendments made by this section [amending this
section and sections 1158, 1189, and 1227 of this title] shall take
effect on the date of the enactment of this Act [Oct. 26, 2001] and
shall apply to - 
"(A) actions taken by an alien before, on, or after such date;
and
"(B) all aliens, without regard to the date of entry or
attempted entry into the United States - 
"(i) in removal proceedings on or after such date (except for
proceedings in which there has been a final administrative
decision before such date); or
"(ii) seeking admission to the United States on or after such
date.
"(2) Special rule for aliens in exclusion or deportation
proceedings. - Notwithstanding any other provision of law, sections
212(a)(3)(B) and 237(a)(4)(B) of the Immigration and Nationality
Act, as amended by this Act [8 U.S.C. 1182(a)(3)(B),
1227(a)(4)(B)], shall apply to all aliens in exclusion or
deportation proceedings on or after the date of the enactment of
this Act [Oct. 26, 2001] (except for proceedings in which there has
been a final administrative decision before such date) as if such
proceedings were removal proceedings.
"(3) Special rule for section 219 organizations and organizations
designated under section 212(a)(3)(B)(vi)(II). - 
"(A) In general. - Notwithstanding paragraphs (1) and (2), no
alien shall be considered inadmissible under section 212(a)(3) of
the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)), or
deportable under section 237(a)(4)(B) of such Act (8 U.S.C.
1227(a)(4)(B)), by reason of the amendments made by subsection
(a) [amending this section], on the ground that the alien engaged
in a terrorist activity described in subclause (IV)(bb), (V)(bb),
or (VI)(cc) of section 212(a)(3)(B)(iv) of such Act (as so
amended) with respect to a group at any time when the group was
not a terrorist organization designated by the Secretary of State
under section 219 of such Act (8 U.S.C. 1189) or otherwise
designated under section 212(a)(3)(B)(vi)(II) of such Act (as so
amended).
"(B) Statutory construction. - Subparagraph (A) shall not be
construed to prevent an alien from being considered inadmissible
or deportable for having engaged in a terrorist activity - 
"(i) described in subclause (IV)(bb), (V)(bb), or (VI)(cc) of
section 212(a)(3)(B)(iv) of such Act (as so amended) with
respect to a terrorist organization at any time when such
organization was designated by the Secretary of State under
section 219 of such Act or otherwise designated under section
212(a)(3)(B)(vi)(II) of such Act (as so amended); or
"(ii) described in subclause (IV)(cc), (V)(cc), or (VI)(dd)
of section 212(a)(3)(B)(iv) of such Act (as so amended) with
respect to a terrorist organization described in section
212(a)(3)(B)(vi)(III) of such Act (as so amended).
"(4) Exception. - The Secretary of State, in consultation with
the Attorney General, may determine that the amendments made by
this section shall not apply with respect to actions by an alien
taken outside the United States before the date of the enactment of
this Act [Oct. 26, 2001] upon the recommendation of a consular
officer who has concluded that there is not reasonable ground to
believe that the alien knew or reasonably should have known that
the actions would further a terrorist activity."
[Another section 411(c) of Pub. L. 107-56 amended section 1189 of
this title.]
EFFECTIVE DATE OF 2000 AMENDMENT                 
Pub. L. 106-395, title II, Sec. 201(b)(3), Oct. 30, 2000, 114
Stat. 1634, provided that: "The amendment made by paragraph (1)
[amending this section] shall be effective as if included in the
enactment of section 347 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat.
3009-638) and shall apply to voting occurring before, on, or after
September 30, 1996. The amendment made by paragraph (2) [amending
this section] shall be effective as if included in the enactment of
section 344 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-637)
and shall apply to representations made on or after September 30,
1996. Such amendments shall apply to individuals in proceedings
under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.]
on or after September 30, 1996."
EFFECTIVE DATE OF 1999 AMENDMENT                 
Pub. L. 106-95, Sec. 2(e), Nov. 12, 1999, 113 Stat. 1317, as
amended by Pub. L. 109-423, Sec. 2(2), Dec. 20, 2006, 120 Stat.
2900, provided that: "The amendments made by this section [amending
this section and section 1101 of this title] shall apply to
classification petitions filed for nonimmigrant status only during
the period - 
"(1) beginning on the date that interim or final regulations
are first promulgated under subsection (d) [set out as a note
below]; and
"(2) ending on the date that is 3 years after the date of the
enactment of the Nursing Relief for Disadvantaged Areas
Reauthorization Act of 2005 [Dec. 20, 2006]."
[Pub. L. 109-423, Sec. 3, Dec. 20, 2006, 120 Stat. 2900, provided
that: "The requirements of chapter 5 of title 5, United States Code
(commonly referred to as the 'Administrative Procedure Act') or any
other law relating to rulemaking, information collection or
publication in the Federal Register, shall not apply to any action
to implement the amendments made by section 2 [amending provisions
set out as a note above] to the extent the Secretary Homeland of
Security [sic], the Secretary of Labor, or the Secretary of Health
and Human Services determines that compliance with any such
requirement would impede the expeditious implementation of such
amendments."]
Pub. L. 106-95, Sec. 4(b), Nov. 12, 1999, 113 Stat. 1318,
provided that: "The amendments made by subsection (a) [amending
this section] shall take effect on the date of the enactment of
this Act [Nov. 12, 1999], without regard to whether or not final
regulations to carry out such amendments have been promulgated by
such date."
EFFECTIVE AND TERMINATION DATES OF 1998 AMENDMENTS        
Pub. L. 105-292, title VI, Sec. 604(b), Oct. 27, 1998, 112 Stat.
2814, provided that: "The amendment made by subsection (a)
[amending this section] shall apply to aliens seeking to enter the
United States on or after the date of the enactment of this Act
[Oct. 27, 1998]."
Pub. L. 105-277, div. C, title IV, Sec. 412(d), Oct. 21, 1998,
112 Stat. 2681-645, provided that: "The amendments made by
subsection (a) [amending this section] apply to applications filed
under section 212(n)(1) of the Immigration and Nationality Act
[subsec. (n)(1) of this section] on or after the date final
regulations are issued to carry out such amendments, and the
amendments made by subsections (b) and (c) [amending this section]
take effect on the date of the enactment of this Act [Oct. 21,
1998]." [Interim final regulations implementing these amendments
were promulgated on Dec. 19, 2000, published Dec. 20, 2000, 65 F.R.
80110, and effective, except as otherwise provided, Jan. 19, 2001.]
Pub. L. 105-277, div. C, title IV, Sec. 413(e)(2), Oct. 21, 1998,
112 Stat. 2681-651, as amended by Pub. L. 106-313, title I, Sec.
107(b), Oct. 17, 2000, 114 Stat. 1255, provided that: "The
amendment made by paragraph (1) [amending this section] shall cease
to be effective on September 30, 2003."
Pub. L. 105-277, div. C, title IV, Sec. 415(b), Oct. 21, 1998,
112 Stat. 2681-655, provided that: "The amendment made by
subsection (a) [amending this section] applies to prevailing wage
computations made - 
"(1) for applications filed on or after the date of the
enactment of this Act [Oct. 21, 1998]; and
"(2) for applications filed before such date, but only to the
extent that the computation is subject to an administrative or
judicial determination that is not final as of such date."
Pub. L. 105-277, div. C, title IV, Sec. 431(b), Oct. 21, 1998,
112 Stat. 2681-658, provided that: "The amendment made by
subsection (a) [amending this section] shall apply to activities
occurring on or after the date of the enactment of this Act [Oct.
21, 1998]."
Pub. L. 105-277, div. G, subdiv. B, title XXII, Sec. 2226(b),
Oct. 21, 1998, 112 Stat. 2681-821, provided that: "The amendment
made by subsection (a) [amending this section] shall apply to
aliens seeking admission to the United States on or after the date
of enactment of this Act [Oct. 21, 1998]."
EFFECTIVE DATE OF 1996 AMENDMENTS                 
Section 301(b)(3) of title III of div. C of Pub. L. 104-208
provided that: "In applying section 212(a)(9)(B) of the Immigration
and Nationality Act [8 U.S.C. 1182(a)(9)(B)], as inserted by
paragraph (1), no period before the title III-A effective date [see
section 309 of Pub. L. 104-208, set out as a note under section
1101 of this title] shall be included in a period of unlawful
presence in the United States."
Section 301(c)(2) of title III of div. C of Pub. L. 104-208
provided that: "The requirements of subclauses (II) and (III) of
section 212(a)(6)(A)(ii) of the Immigration and Nationality Act [8
U.S.C. 1182(a)(6)(A)(ii)(II), (III)], as inserted by paragraph (1),
shall not apply to an alien who demonstrates that the alien first
arrived in the United States before the title III-A effective date
(described in section 309(a) of this division [set out as a note
under section 1101 of this title])."
Section 306(d) of div. C of Pub. L. 104-208 provided that the
amendment made by that section is effective as if included in the
enactment of Pub. L. 104-132.
Amendment by sections 301(b)(1), (c)(1), 304(b), 305(c), 306(d),
and 308(c)(2)(B), (d)(1), (e)(1)(B), (C), (2)(A), (6), (f)(1)(C)-
(F), (3)(A), (g)(1), (4)(B), (10)(A), (H) of div. C of Pub. L. 104-
208 effective on the first day of the first month beginning more
than 180 days after Sept. 30, 1996, with certain transitional
provisions, including authority for Attorney General to waive
application of subsec. (a)(9) of this section in case of an alien
provided benefits under section 301 of Pub. L. 101-649, set out as
a note under section 1255a of this title, and including provision
that no period of time before Sept. 30, 1996, be included in the
period of 1 year described in subsec. (a)(6)(B)(i) of this section,
see section 309 of Pub. L. 104-208, set out as a note under section
1101 of this title.
Amendment by section 322(a) of Pub. L. 104-208 applicable to
convictions and sentences entered before, on, or after Sept. 30,
1996, see section 322(c) of Pub. L. 104-208, set out as a note
under section 1101 of this title.
Section 341(c) of div. C of Pub. L. 104-208 provided that: "The
amendments made by this section [amending this section] shall apply
with respect to applications for immigrant visas or for adjustment
of status filed after September 30, 1996."
Section 342(b) of div. C of Pub. L. 104-208 provided that: "The
amendments made by subsection (a) [amending this section] shall
take effect on the date of the enactment of this Act [Sept. 30,
1996] and shall apply to incitement regardless of when it occurs."
Section 344(c) of div. C of Pub. L. 104-208 provided that: "The
amendments made by this section [amending this section and section
1251 [now 1227] of this title] shall apply to representations made
on or after the date of the enactment of this Act [Sept. 30,
1996]."
Section 346(b) of div. C of Pub. L. 104-208 provided that: "The
amendment made by subsection (a) [amending this section] shall
apply to aliens who obtain the status of a nonimmigrant under
section 101(a)(15)(F) of the Immigration and Nationality Act [8
U.S.C. 1101(a)(15)(F)] after the end of the 60-day period beginning
on the date of the enactment of this Act [Sept. 30, 1996],
including aliens whose status as such a nonimmigrant is extended
after the end of such period."
Section 347(c) of div. C of Pub. L. 104-208 provided that: "The
amendments made by this section [amending this section and section
1251 of this title] shall apply to voting occurring before, on, or
after the date of the enactment of this Act [Sept. 30, 1996]."
Section 348(b) of div. C of Pub. L. 104-208 provided that: "The
amendment made by subsection (a) [amending this section] shall be
effective on the date of the enactment of this Act [Sept. 30, 1996]
and shall apply in the case of any alien who is in exclusion or
deportation proceedings as of such date unless a final
administrative order in such proceedings has been entered as of
such date."
Section 351(c) of div. C of Pub. L. 104-208 provided that: "The
amendments made by this section [amending this section and section
1251 of this title] shall apply to applications for waivers filed
before, on, or after the date of the enactment of this Act [Sept.
30, 1996], but shall not apply to such an application for which a
final determination has been made as of the date of the enactment
of this Act."
Section 352(b) of div. C of Pub. L. 104-208 provided that: "The
amendment made by subsection (a) [amending this section] shall
apply to individuals who renounce United States citizenship on and
after the date of the enactment of this Act [Sept. 30, 1996]."
Section 358 of title III of div. C of Pub. L. 104-208 provided
that: "The amendments made by this subtitle [subtitle D (Secs. 354-
358) of title III of div. C of Pub. L. 104-208, amending this
section and sections 1189, 1531, 1532, 1534, and 1535 of this
title] shall be effective as if included in the enactment of
subtitle A of title IV of the Antiterrorism and Effective Death
Penalty Act of 1996 (Public Law 104-132)."
Section 531(b) of div. C of Pub. L. 104-208 provided that: "The
amendment made by subsection (a) [amending this section] shall
apply to applications submitted on or after such date, not earlier
than 30 days and not later than 60 days after the date the Attorney
General promulgates under section 551(c)(2) of this division [set
out as a note under section 1183a of this title] a standard form
for an affidavit of support, as the Attorney General shall specify,
but subparagraphs (C) and (D) of section 212(a)(4) of the
Immigration and Nationality Act [8 U.S.C. 1182(a)(4)(C), (D)], as
so amended, shall not apply to applications with respect to which
an official interview with an immigration officer was conducted
before such effective date."
EFFECTIVE AND TERMINATION DATES OF 1994 AMENDMENTS        
Section 203(c) of Pub. L. 103-416 provided that: "The amendments
made by this section [amending this section and section 1251 of
this title] shall apply to convictions occurring before, on, or
after the date of the enactment of this Act [Oct. 25, 1994]."
Amendment by section 219(e) of Pub. L. 103-416 effective as if
included in the enactment of the Immigration Act of 1990, Pub. L.
101-649, see section 219(dd) of Pub. L. 103-416, set out as an
Effective Date of 1994 Amendment note under section 1101 of this
title.
Section 219(z) of Pub. L. 103-416 provided that the amendment
made by subsec. (z)(1), (5) of that section is effective as if
included in the Miscellaneous and Technical Immigration and
Naturalization Amendments of 1991, Pub. L. 102-232.
Pub. L. 103-416, title II, Sec. 220(c), Oct. 25, 1994, 108 Stat.
4320, as amended by Pub. L. 104-208, div. C, title VI, Sec. 622(a),
Sept. 30, 1996, 110 Stat. 3009-695; Pub. L. 107-273, div. C, title
I, Sec. 11018(b), Nov. 2, 2002, 116 Stat. 1825; Pub. L. 108-441,
Sec. 1(a)(1), Dec. 3, 2004, 118 Stat. 2630; Pub. L. 109-477, Sec.
2, Jan. 12, 2007, 120 Stat. 3572, provided that: "The amendments
made by this section [amending this section and section 1184 of
this title] shall apply to aliens admitted to the United States
under section 101(a)(15)(J) of the Immigration and Nationality Act
[8 U.S.C. 1101(a)(15)(J)], or acquiring such status after admission
to the United States, before, on, or after the date of enactment of
this Act [Oct. 25, 1994] and before June 1, 2008."
[Pub. L. 109-477, Sec. 3, Jan. 12, 2007, 120 Stat. 3572, provided
that: "The amendment made by section 2 [amending section 220(c) of
Pub. L. 103-416, set out above] shall take effect as if enacted on
May 31, 2006."]
[Pub. L. 108-441, Sec. 1(a)(2), Dec. 3, 2004, 118 Stat. 2630,
provided that: "The amendment made by paragraph (1) [amending
section 220(c) of Pub. L. 103-416, set out above] shall take effect
as if enacted on May 31, 2004."]
Section 506(c) of Pub. L. 103-317, as amended by Pub. L. 105-46,
Sec. 123, Sept. 30, 1997, 111 Stat. 1158; Pub. L. 105-119, title I,
Sec. 111(b), Nov. 26, 1997, 111 Stat. 2458, provided that: "The
amendment made by subsection (a) [amending this section] shall take
effect on October 1, 1994, and shall cease to have effect on
October 1, 1997. The amendment made by subsection (b) [amending
section 1255 of this title] shall take effect on October 1, 1994."
Pub. L. 105-46, Sec. 123, Sept. 30, 1997, 111 Stat. 1158, which
directed the amendment of section 506(c) of Pub. L. 103-317, set
out above, by striking "September 30, 1997" and inserting "October
23, 1997" was probably intended by Congress to extend the
termination date "October 1, 1997" to "October 23, 1997". For
further temporary extensions of the October 23, 1997 termination
date, see list of continuing appropriations acts contained in a
Continuing Appropriations for Fiscal Year 1998 note set out under
section 635f of Title 12, Banks and Banking.
EFFECTIVE DATE OF 1993 AMENDMENT                 
Section 2007(b) of Pub. L. 103-43 provided that: "The amendment
made by subsection (a) [amending this section] shall take effect 30
days after the date of the enactment of this Act [June 10, 1993]."
EFFECTIVE DATE OF 1991 AMENDMENT                 
Amendment by sections 302(e)(6), 303(a)(5)(B), (6), (7)(B),
306(a)(10), (12), 307(a)-(g) of Pub. L. 102-232 effective as if
included in the enactment of the Immigration Act of 1990, Pub. L.
101-649, see section 310(1) of Pub. L. 102-232, set out as a note
under section 1101 of this title.
Section 302(e)(9) of Pub. L. 102-232 provided that the amendment
made by that section is effective as if included in the Immigration
Nursing Relief Act of 1989, Pub. L. 101-238.
EFFECTIVE DATE OF 1990 AMENDMENT                 
Amendment by section 162(e)(1) of Pub. L. 101-649 effective Oct.
1, 1991, and applicable beginning with fiscal year 1992, with
general transition provisions and admissibility standards, see
section 161(a), (c), (d) of Pub. L. 101-649, set out as a note
under section 1101 of this title.
Amendment by section 162(f)(2)(B) of Pub. L. 101-649 applicable
as though included in the enactment of Pub. L. 101-238, see section
162(f)(3) of Pub. L. 101-649, set out as a note under section 1101
of this title.
Section 202(c) of Pub. L. 101-649 provided that: "The amendments
made by this section [amending this section and section 1184 of
this title] shall take effect 60 days after the date of the
enactment of this Act [Nov. 29, 1990]."
Amendment by section 205(c)(3) of Pub. L. 101-649 effective Oct.
1, 1991, see section 231 of Pub. L. 101-649, set out as a note
under section 1101 of this title.
Section 511(b) of Pub. L. 101-649 provided that: "The amendment
made by subsection (a) [amending this section] shall apply to
admissions occurring after the date of the enactment of this Act
[Nov. 29, 1990]."
Section 514(b) of Pub. L. 101-649 provided that: "The amendment
made by subsection (a) [amending this section] shall apply to
admissions occurring on or after January 1, 1991."
Amendment by section 601(a), (b), and (d) of Pub. L. 101-649
applicable to individuals entering United States on or after June
1, 1991, see section 601(e)(1) of Pub. L. 101-649, set out as a
note under section 1101 of this title.
EFFECTIVE DATE OF 1989 AMENDMENT                 
Section 3(d) of Pub. L. 101-238 provided that: "The amendments
made by the previous provisions of this section [amending this
section and section 1101 of this title] shall apply to
classification petitions filed for nonimmigrant status only during
the 5-year period beginning on the first day of the 9th month
beginning after the date of the enactment of this Act [Dec. 18,
1989]."
EFFECTIVE DATE OF 1988 AMENDMENTS                 
Section 7349(b) of Pub. L. 100-690 provided that: "The amendment
made by subsection (a) [amending this section] shall apply to any
alien convicted of an aggravated felony who seeks admission to the
United States on or after the date of the enactment of this Act
[Nov. 18, 1988]."
Section 3 of Pub. L. 100-525 provided that the amendment made by
that section is effective as if included in the enactment of Pub.
L. 99-396.
Section 7(d) of Pub. L. 100-525 provided that: "The amendments
made by this section [amending this section, sections 1186a and
1255 of this title, and provisions set out as a note below] shall
be effective as if they were included in the enactment of the
Immigration Marriage Fraud Amendments of 1986 [Pub. L. 99-639]."
Amendment by section 8(f) of Pub. L. 100-525 effective as if
included in the enactment of the Immigration and Nationality Act
Amendments of 1986, Pub. L. 99-653, see section 309(b)(15) of Pub.
L. 102-232, set out as an Effective and Termination Dates of 1988
Amendments note under section 1101 of this title.
EFFECTIVE DATE OF 1986 AMENDMENTS                 
Amendment by Pub. L. 99-653 applicable to visas issued, and
admissions occurring, on or after Nov. 14, 1986, see section 23(a)
of Pub. L. 99-653, set out as a note under section 1101 of this
title.
Section 6(c), formerly 6(b), of Pub. L. 99-639, as redesignated
and amended by Pub. L. 100-525, Sec. 7(c)(2), Oct. 24, 1988, 102
Stat. 2616, provided that: "The amendment made by this section
[amending this section] shall apply to the receipt of visas by, and
the admission of, aliens occurring after the date of the enactment
of this Act [Nov. 10, 1986] based on fraud or misrepresentations
occurring before, on, or after such date."
Section 1751(c) of Pub. L. 99-570 provided that: "The amendments
made by the [sic] subsections (a) and (b) of this section [amending
this section and section 1251 of this title] shall apply to
convictions occurring before, on, or after the date of the
enactment of this section [Oct. 27, 1986], and the amendments made
by subsection (a) [amending this section] shall apply to aliens
entering the United States after the date of the enactment of this
section."
EFFECTIVE DATE OF 1984 AMENDMENT                 
Amendment by Pub. L. 98-473 effective Nov. 1, 1987, and
applicable only to offenses committed after the taking effect of
such amendment, see section 235(a)(1) of Pub. L. 98-473, set out as
an Effective Date note under section 3551 of Title 18, Crimes and
Criminal Procedure.
EFFECTIVE DATE OF 1981 AMENDMENT                 
Section 5(c) of Pub. L. 97-116 provided that: "The amendments
made by paragraphs (2), (5), and (6) of subsection (b) [striking
out "including any extension of the duration thereof under
subparagraph (D)" in subsec. (j)(1)(C) of this section, amending
subsec. (j)(1)(D) of this section, and enacting subsec. (j)(1)(E)
of this section] shall apply to aliens entering the United States
as exchange visitors (or otherwise acquiring exchange visitor
status) on or after January 10, 1978."
Amendment by Pub. L. 97-116 effective Dec. 29, 1981, except as
provided by section 5(c) of Pub. L. 97-116, see section 21(a) of
Pub. L. 97-116, set out as a note under section 1101 of this title.
EFFECTIVE DATE OF 1980 AMENDMENT                 
Amendment by section 203(d) of Pub. L. 96-212 effective, except
as otherwise provided, Apr. 1, 1980, and amendment by section
203(f) of Pub. L. 96-212 applicable, except as otherwise provided,
to aliens paroled into the United States on or after the sixtieth
day after Mar. 17, 1980, see section 204 of Pub. L. 96-212, set out
as a note under section 1101 of this title.
EFFECTIVE DATE OF 1979 AMENDMENT                 
Amendment by Pub. L. 96-70 effective Sept. 27, 1979, see section
3201(d)(1) of Pub. L. 96-70, set out as a note under section 1101
of this title.
Section 3201(d)(2) of Pub. L. 96-70 provided that: "Paragraph (9)
of section 212(d) of the Immigration and Nationality Act [subsec.
(d)(9) of this section], as added by subsection (b) of this
section, shall cease to be effective at the end of the transition
period [midnight Mar. 31, 1982, see section 2101 of Pub. L. 96-70,
title II, Sept. 27, 1979, 93 Stat. 493, formerly classified to
section 3831 of Title 22, Foreign Relations and Intercourse]."
EFFECTIVE DATE OF 1976 AMENDMENTS                 
Amendment by Pub. L. 94-571 effective on first day of first month
which begins more than sixty days after Oct. 20, 1976, see section
10 of Pub. L. 94-571, set out as a note under section 1101 of this
title.
Amendment by section 601(d) of Pub. L. 94-484 applicable only on
and after Jan. 10, 1978, notwithstanding section 601(f) of Pub. L.
94-484, see section 602(d) of Pub. L. 94-484, as added by section
307(q)(3) of Pub. L. 95-83, set out as an Effective Date of 1977
Amendment note under section 1101 of this title.
Section 601(f) of Pub. L. 94-484 provided that: "The amendments
made by this section [amending this section and section 1101 of
this title] shall take effect ninety days after the date of
enactment of this section [Oct. 12, 1976]."
EFFECTIVE DATE OF 1965 AMENDMENT                 
For effective date of amendment by Pub. L. 89-236 see section 20
of Pub. L. 89-236, set out as a note under section 1151 of this
title.
EFFECTIVE DATE OF 1956 AMENDMENT                 
Amendment by act July 18, 1956, effective July 19, 1956, see
section 401 of act July 18, 1956.
CONSTRUCTION OF 1990 AMENDMENT                  
Section 302(e)(6) of Pub. L. 102-232 provided that: "Paragraph
(1) of section 162(e) of the Immigration Act of 1990 [Pub. L. 101-
649, amending this section] is repealed, and the provisions of law
amended by such paragraph are restored as though such paragraph had
not been enacted."
REGULATIONS                            
Pub. L. 106-95, Sec. 2(d), Nov. 12, 1999, 113 Stat. 1316,
provided that: "Not later than 90 days after the date of the
enactment of this Act [Nov. 12, 1999], the Secretary of Labor (in
consultation, to the extent required, with the Secretary of Health
and Human Services) and the Attorney General shall promulgate final
or interim final regulations to carry out section 212(m) of the
Immigration and Nationality Act [8 U.S.C. 1182(m)] (as amended by
subsection (b))." [Interim final regulations implementing subsec.
(m) of this section were promulgated Aug. 21, 2000, published Aug.
22, 2000, 65 F.R. 51138, and effective Sept. 21, 2000.]
Pub. L. 105-277, div. C, title IV, Sec. 412(e), Oct. 21, 1998,
112 Stat. 2681-645, provided that: "In first promulgating
regulations to implement the amendments made by this section
[amending this section] in a timely manner, the Secretary of Labor
and the Attorney General may reduce to not less than 30 days the
period of public comment on proposed regulations."
Section 124(b)(2) of div. C of Pub. L. 104-208 provided that:
"The Attorney General shall first issue, in proposed form,
regulations referred to in the second sentence of section 212(f) of
the Immigration and Nationality Act [8 U.S.C. 1182(f)], as added by
the amendment made by paragraph (1), not later than 90 days after
the date of the enactment of this Act [Sept. 30, 1996]."
TRANSFER OF FUNCTIONS                       
United States Information Agency (other than Broadcasting Board
of Governors and International Broadcasting Bureau) abolished and
functions transferred to Secretary of State, see sections 6531 and
6532 of Title 22, Foreign Relations and Intercourse.
ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
FUNCTIONS
For abolition of Immigration and Naturalization Service, transfer
of functions, and treatment of related references, see note set out
under section 1551 of this title.
MONEY LAUNDERING WATCHLIST                    
Pub. L. 107-56, title X, Sec. 1006(b), Oct. 26, 2001, 115 Stat.
394, provided that: "Not later than 90 days after the date of the
enactment of this Act [Oct. 26, 2001], the Secretary of State shall
develop, implement, and certify to the Congress that there has been
established a money laundering watchlist, which identifies
individuals worldwide who are known or suspected of money
laundering, which is readily accessible to, and shall be checked
by, a consular or other Federal official prior to the issuance of a
visa or admission to the United States. The Secretary of State
shall develop and continually update the watchlist in cooperation
with the Attorney General, the Secretary of the Treasury, and the
Director of Central Intelligence."
[Reference to the Director of Central Intelligence or the
Director of the Central Intelligence Agency in the Director's
capacity as the head of the intelligence community deemed to be a
reference to the Director of National Intelligence. Reference to
the Director of Central Intelligence or the Director of the Central
Intelligence Agency in the Director's capacity as the head of the
Central Intelligence Agency deemed to be a reference to the
Director of the Central Intelligence Agency. See section 1081(a),
(b) of Pub. L. 108-458, set out as a note under section 401 of
Title 50, War and National Defense.]
RECOMMENDATIONS FOR ALTERNATIVE REMEDY FOR NURSING SHORTAGE    
Pub. L. 106-95, Sec. 3, Nov. 12, 1999, 113 Stat. 1317, provided
that: "Not later than the last day of the 4-year period described
in section 2(e) [set out as a note above], the Secretary of Health
and Human Services and the Secretary of Labor shall jointly submit
to the Congress recommendations (including legislative
specifications) with respect to the following:
"(1) A program to eliminate the dependence of facilities
described in section 212(m)(6) of the Immigration and Nationality
Act [8 U.S.C. 1182(m)(6)] (as amended by section 2(b)) on
nonimmigrant registered nurses by providing for a permanent
solution to the shortage of registered nurses who are United
States citizens or aliens lawfully admitted for permanent
residence.
"(2) A method of enforcing the requirements imposed on
facilities under sections 101(a)(15)(H)(i)(c) and 212(m) of the
Immigration and Nationality Act [8 U.S.C. 1101(a)(15)(H)(i)(c),
1182(m)] (as amended by section 2) that would be more effective
than the process described in section 212(m)(2)(E) of such Act [8
U.S.C. 1182(m)(2)(E)] (as so amended)."
ISSUANCE OF CERTIFIED STATEMENTS                 
Pub. L. 106-95, Sec. 4(c), Nov. 12, 1999, 113 Stat. 1318,
provided that: "The Commission on Graduates of Foreign Nursing
Schools, or any approved equivalent independent credentialing
organization, shall issue certified statements pursuant to the
amendment under subsection (a) [amending this section] not more
than 35 days after the receipt of a complete application for such a
statement."
EXTENSION OF AUTHORIZED PERIOD OF STAY FOR CERTAIN NURSES     
Pub. L. 104-302, Sec. 1, Oct. 11, 1996, 110 Stat. 3656, provided
that:
"(a) Aliens Who Previously Entered the United States Pursuant to
an H-1A Visa. - 
"(1) In general. - Notwithstanding any other provision of law,
the authorized period of stay in the United States of any
nonimmigrant described in paragraph (2) is hereby extended
through September 30, 1997.
"(2) Nonimmigrant described. - A nonimmigrant described in this
paragraph is a nonimmigrant - 
"(A) who entered the United States as a nonimmigrant
described in section 101(a)(15)(H)(i)(a) of the Immigration and
Nationality Act [8 U.S.C. 1101(a)(15)(H)(i)(a)];
"(B) who was within the United States on or after September
1, 1995, and who is within the United States on the date of the
enactment of this Act [Oct. 11, 1996]; and
"(C) whose period of authorized stay has expired or would
expire before September 30, 1997 but for the provisions of this
section.
"(3) Limitations. - Nothing in this section may be construed to
extend the validity of any visa issued to a nonimmigrant
described in section 101(a)(15)(H)(i)(a) of the Immigration and
Nationality Act or to authorize the re-entry of any person
outside the United States on the date of the enactment of this
Act.
"(b) Change of Employment. - A nonimmigrant whose authorized
period of stay is extended by operation of this section shall not
be eligible to change employers in accordance with section
214.2(h)(2)(i)(D) of title 8, Code of Federal Regulations (as in
effect on the day before the date of the enactment of this Act).
"(c) Regulations. - Not later than 30 days after the date of the
enactment of this Act, the Attorney General shall issue regulations
to carry out the provisions of this section.
"(d) Interim Treatment. - A nonimmigrant whose authorized period
of stay is extended by operation of this section, and the spouse
and child of such nonimmigrant, shall be considered as having
continued to maintain lawful status as a nonimmigrant through
September 30, 1997."
REFERENCES TO INADMISSIBLE DEEMED TO INCLUDE EXCLUDABLE AND
REFERENCES TO ORDER OF REMOVAL DEEMED TO INCLUDE ORDER OF EXCLUSION
AND DEPORTATION
For purposes of carrying out this chapter, any reference in
subsec. (a)(1)(A) of this section to "inadmissible" is deemed to
include a reference to "excludable", and any reference in law to an
order of removal is deemed to include a reference to an order of
exclusion and deportation or an order of deportation, see section
309(d) of Pub. L. 104-208, set out in an Effective Date of 1996
Amendments note under section 1101 of this title.
ANNUAL REPORT ON ALIENS PAROLED INTO UNITED STATES        
Section 602(b) of div. C of Pub. L. 104-208 provided that: "Not
later than 90 days after the end of each fiscal year, the Attorney
General shall submit a report to the Committee on the Judiciary of
the House of Representatives and the Committee on the Judiciary of
the Senate describing the number and categories of aliens paroled
into the United States under section 212(d)(5) of the Immigration
and Nationality Act [8 U.S.C. 1182(d)(5)]. Each such report shall
provide the total number of aliens paroled into and residing in the
United States and shall contain information and data for each
country of origin concerning the number and categories of aliens
paroled, the duration of parole, the current status of aliens
paroled, and the number and categories of aliens returned to the
custody from which they were paroled during the preceding fiscal
year."
ASSISTANCE TO DRUG TRAFFICKERS                  
Pub. L. 103-447, title I, Sec. 107, Nov. 2, 1994, 108 Stat. 4695,
provided that: "The President shall take all reasonable steps
provided by law to ensure that the immediate relatives of any
individual described in section 487(a) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2291f(a)), and the business partners of any
such individual or of any entity described in such section, are not
permitted entry into the United States, consistent with the
provisions of the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.)."
PROCESSING OF VISAS FOR ADMISSION TO UNITED STATES        
Pub. L. 103-236, title I, Sec. 140(c), Apr. 30, 1994, 108 Stat.
399, as amended by Pub. L. 103-415, Sec. 1(d), Oct. 25, 1994, 108
Stat. 4299, provided that:
"(1)(A) Beginning 24 months after the date of the enactment of
this Act [Apr. 30, 1994], whenever a United States consular officer
issues a visa for admission to the United States, that official
shall certify, in writing, that a check of the Automated Visa
Lookout System, or any other system or list which maintains
information about the excludability of aliens under the Immigration
and Nationality Act [8 U.S.C. 1101 et seq.], has been made and that
there is no basis under such system for the exclusion of such
alien.
"(B) If, at the time an alien applies for an immigrant or
nonimmigrant visa, the alien's name is included in the Department
of State's visa lookout system and the consular officer to whom the
application is made fails to follow the procedures in processing
the application required by the inclusion of the alien's name in
such system, the consular officer's failure shall be made a matter
of record and shall be considered as a serious negative factor in
the officer's annual performance evaluation.
"(2) If an alien to whom a visa was issued as a result of a
failure described in paragraph (1)(B) is admitted to the United
States and there is thereafter probable cause to believe that the
alien was a participant in a terrorist act causing serious injury,
loss of life, or significant destruction of property in the United
States, the Secretary of State shall convene an Accountability
Review Board under the authority of title III of the Omnibus
Diplomatic Security and Antiterrorism Act of 1986 [22 U.S.C. 4831
et seq.]."
ACCESS TO INTERSTATE IDENTIFICATION INDEX OF NATIONAL CRIME
INFORMATION CENTER; FINGERPRINT CHECKS
Pub. L. 103-236, title I, Sec. 140(d)-(g), Apr. 30, 1994, 108
Stat. 400, as amended by Pub. L. 103-317, title V, Sec. 505, Aug.
26, 1994, 108 Stat. 1765; Pub. L. 104-208, div. C, title VI, Sec.
671(g)(2), Sept. 30, 1996, 110 Stat. 3009-724; Pub. L. 105-119,
title I, Sec. 126, Nov. 26, 1997, 111 Stat. 2471, provided that:
"(d) Access to the Interstate Identification Index. - 
"(1) Subject to paragraphs (2) and (3), the Department of State
Consolidated Immigrant Visa Processing Center shall have on-line
access, without payment of any fee or charge, to the Interstate
Identification Index of the National Crime Information Center
solely for the purpose of determining whether a visa applicant
has a criminal history record indexed in such Index. Such access
does not entitle the Department of State to obtain the full
content of automated records through the Interstate
Identification Index. To obtain the full content of a criminal
history record, the Department shall submit a separate request to
the Identification Records Section of the Federal Bureau of
Investigation, and shall pay the appropriate fee as provided for
in the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 1990 (Public
Law 101-162) [103 Stat. 988, 998].
"(2) The Department of State shall be responsible for all one-
time start-up and recurring incremental non-personnel costs of
establishing and maintaining the access authorized in paragraph
(1).
"(3) The individual primarily responsible for the day-to-day
implementation of paragraph (1) shall be an employee of the
Federal Bureau of Investigation selected by the Department of
State, and detailed to the Department on a fully reimbursable
basis.
"(e) Fingerprint Checks. - 
"(1) Effective not later than March 31, 1995, the Secretary of
State shall in the ten countries with the highest volume of
immigrant visa issuance for the most recent fiscal year for which
data are available require the fingerprinting of applicants over
sixteen years of age for immigrant visas. The Department of State
shall submit records of such fingerprints to the Federal Bureau
of Investigation in order to ascertain whether such applicants
previously have been convicted of a felony under State or Federal
law in the United States, and shall pay all appropriate fees.
"(2) The Secretary shall prescribe and publish such regulations
as may be necessary to implement the requirements of this
subsection, and to avoid undue processing costs and delays for
eligible immigrants and the United States Government.
"(f) Not later than December 31, 1996, the Secretary of State and
the Director of the Federal Bureau of Investigation shall jointly
submit to the Committee on Foreign Affairs [now Committee on
International Relations] and the Committee on the Judiciary of the
House of Representatives, and the Committee on Foreign Relations
and the Committee on the Judiciary of the Senate, a report on the
effectiveness of the procedures authorized in subsections (d) and
(e).
"(g) Subsections (d) and (e) shall cease to have effect after May
1, 1998."
VISA LOOKOUT SYSTEMS                       
Pub. L. 103-236, title I, Sec. 140(b), Apr. 30, 1994, 108 Stat.
399, provided that: "Not later than 18 months after the date of the
enactment of this Act [Apr. 30, 1994], the Secretary of State shall
implement an upgrade of all overseas visa lookout operations to
computerized systems with automated multiple-name search
capabilities."
Pub. L. 102-138, title I, Sec. 128, Oct. 28, 1991, 105 Stat. 660,
as amended by Pub. L. 104-208, div. C, title III, Sec.
308(d)(3)(C), Sept. 30, 1996, 110 Stat. 3009-617, provided that:
"(a) Visas. - The Secretary of State may not include in the
Automated Visa Lookout System, or in any other system or list which
maintains information about the inadmissibility of aliens under the
Immigration and Nationality Act [8 U.S.C. 1101 et seq.], the name
of any alien who is not inadmissible from the United States under
the Immigration and Nationality Act, subject to the provisions of
this section.
"(b) Correction of Lists. - Not later than 3 years after the date
of enactment of this Act [Oct. 28, 1991], the Secretary of State
shall - 
"(1) correct the Automated Visa Lookout System, or any other
system or list which maintains information about the
inadmissibility of aliens under the Immigration and Nationality
Act, by deleting the name of any alien not inadmissible under the
Immigration and Nationality Act; and
"(2) report to the Congress concerning the completion of such
correction process.
"(c) Report on Correction Process. - 
"(1) Not later than 90 days after the date of enactment of this
Act [Oct. 28, 1991], the Secretary of State, in coordination with
the heads of other appropriate Government agencies, shall prepare
and submit to the appropriate congressional committees, a plan
which sets forth the manner in which the Department of State will
correct the Automated Visa Lookout System, and any other system
or list as set forth in subsection (b).
"(2) Not later than 1 year after the date of enactment of this
Act [Oct. 28, 1991], the Secretary of State shall report to the
appropriate congressional committees on the progress made toward
completing the correction of lists as set forth in subsection
(b).
"(d) Application. - This section refers to the Immigration and
Nationality Act as in effect on and after June 1, 1991.
"(e) Limitation. - 
"(1) The Secretary may add or retain in such system or list the
names of aliens who are not inadmissible only if they are
included for otherwise authorized law enforcement purposes or
other lawful purposes of the Department of State. A name included
for other lawful purposes under this paragraph shall include a
notation which clearly and distinctly indicates that such person
is not presently inadmissible. The Secretary of State shall adopt
procedures to ensure that visas are not denied to such
individuals for any reason not set forth in the Immigration and
Nationality Act [8 U.S.C. 1101 et seq.].
"(2) The Secretary shall publish in the Federal Register
regulations and standards concerning maintenance and use by the
Department of State of systems and lists for purposes described
in paragraph (1).
"(3) Nothing in this section may be construed as creating new
authority or expanding any existing authority for any activity
not otherwise authorized by law.
"(f) Definition. - As used in this section the term 'appropriate
congressional committees' means the Committee on the Judiciary and
the Committee on Foreign Affairs [now Committee on International
Relations] of the House of Representatives and the Committee on the
Judiciary and the Committee on Foreign Relations of the Senate."
CHANGES IN LABOR CERTIFICATION PROCESS              
Section 122 of Pub. L. 101-649, as amended by Pub. L. 103-416,
title II, Sec. 219(ff), Oct. 25, 1995, 108 Stat. 4319, provided
that:
"[(a) Repealed. Pub. L. 103-416, title II, Sec. 219(ff), Oct. 25,
1994, 108 Stat. 4319.]
"(b) Notice in Labor Certifications. - The Secretary of Labor
shall provide, in the labor certification process under section
212(a)(5)(A) of the Immigration and Nationality Act [8 U.S.C.
1182(a)(5)(A)], that - 
"(1) no certification may be made unless the applicant for
certification has, at the time of filing the application,
provided notice of the filing (A) to the bargaining
representative (if any) of the employer's employees in the
occupational classification and area for which aliens are sought,
or (B) if there is no such bargaining representative, to
employees employed at the facility through posting in conspicuous
locations; and
"(2) any person may submit documentary evidence bearing on the
application for certification (such as information on available
workers, information on wages and working conditions, and
information on the employer's failure to meet terms and
conditions with respect to the employment of alien workers and co-
workers)."
REVIEW OF EXCLUSION LISTS                     
Section 601(c) of Pub. L. 101-649, as amended by Pub. L. 104-208,
div. C, title III, Sec. 308(d)(3)(B), (f)(1)(Q), Sept. 30, 1996,
110 Stat. 3009-617, 3009-621, provided that: "The Attorney General
and the Secretary of State shall develop protocols and guidelines
for updating lookout books and the automated visa lookout system
and similar mechanisms for the screening of aliens applying for
visas for admission, or for admission, to the United States. Such
protocols and guidelines shall be developed in a manner that
ensures that in the case of an alien - 
"(1) whose name is in such system, and
"(2) who either (A) applies for admission after the effective
date of the amendments made by this section [see Effective Date
of 1990 Amendment note above], or (B) requests (in writing to a
local consular office after such date) a review, without seeking
admission, of the alien's continued inadmissibility under the
Immigration and Nationality Act [8 U.S.C. 1101 et seq.],
if the alien is no longer inadmissible because of an amendment made
by this section the alien's name shall be removed from such books
and system and the alien shall be informed of such removal and if
the alien continues to be inadmissible the alien shall be informed
of such determination."
IMPLEMENTATION OF REQUIREMENTS FOR ADMISSION OF NONIMMIGRANT NURSES
DURING 5-YEAR PERIOD
Section 3(c) of Pub. L. 101-238 provided that: "The Secretary of
Labor (in consultation with the Secretary of Health and Human
Services) shall - 
"(1) first publish final regulations to carry out section
212(m) of the Immigration and Nationality Act [8 U.S.C. 1182(m)]
(as added by this section) not later than the first day of the
8th month beginning after the date of the enactment of this Act
[Dec. 18, 1989]; and
"(2) provide for the appointment (by January 1, 1991) of an
advisory group, including representatives of the Secretary, the
Secretary of Health and Human Services, the Attorney General,
hospitals, and labor organizations representing registered
nurses, to advise the Secretary - 
"(A) concerning the impact of this section on the nursing
shortage,
"(B) on programs that medical institutions may implement to
recruit and retain registered nurses who are United States
citizens or immigrants who are authorized to perform nursing
services,
"(C) on the formulation of State recruitment and retention
plans under section 212(m)(3) of the Immigration and
Nationality Act, and
"(D) on the advisability of extending the amendments made by
this section [amending sections 1101 and 1182 of this title]
beyond the 5-year period described in subsection (d) [set out
above]."
PROHIBITION ON EXCLUSION OR DEPORTATION OF ALIENS ON CERTAIN
GROUNDS
Section 901 of Pub. L. 100-204, as amended by Pub. L. 100-461,
title V, Sec. 555, Oct. 1, 1988, 102 Stat. 2268-36; Pub. L. 101-
246, title I, Sec. 128, Feb. 16, 1990, 104 Stat. 30, provided that
no nonimmigrant alien was to be denied a visa or excluded from
admission into the United States, or subject to deportation because
of any past, current or expected beliefs, statements or
associations which, if engaged in by a United States citizen in the
United States, would be protected under the Constitution of the
United States, and which provided construction regarding excludable
aliens and standing to sue, prior to repeal by Pub. L. 101-649,
title VI, Sec. 603(a)(21), Nov. 29, 1990, 104 Stat. 5084.
REGULATIONS GOVERNING ADMISSION, DETENTION, AND TRAVEL OF
NONIMMIGRANT ALIENS IN GUAM PURSUANT TO VISA WAIVERS
Section 14(b) of Pub. L. 99-396, as amended by Pub. L. 100-525,
Sec. 3(1)(B), Oct. 24, 1988, 102 Stat. 2614, directed Attorney
General to issue, within 90 days after Aug. 27, 1986, regulations
governing the admission, detention, and travel of nonimmigrant
aliens pursuant to the visa waiver authorized by the amendment made
by section 14(a) of Pub. L. 99-396, prior to repeal by Pub. L. 101-
649, title VI, Sec. 603(a)(19), Nov. 29, 1990, 104 Stat. 5084.
ANNUAL REPORT TO CONGRESS ON IMPLEMENTATION OF PROVISIONS
AUTHORIZING WAIVER OF CERTAIN REQUIREMENTS FOR NONIMMIGRANT
VISITORS TO GUAM
Section 14(c) of Pub. L. 99-396, as amended by Pub. L. 100-525,
Sec. 3(1)(B), (C), Oct. 24, 1988, 102 Stat. 2614, directed Attorney
General to submit a report each year on implementation of 8 U.S.C.
1182(l) to Committees on the Judiciary and Interior and Insular
Affairs of House of Representatives and Committees on the Judiciary
and Energy and Natural Resources of Senate, prior to repeal by Pub.
L. 101-649, title VI, Sec. 603(a)(19), Nov. 29, 1990, 104 Stat.
5084.
SHARING OF INFORMATION CONCERNING DRUG TRAFFICKERS        
Pub. L. 99-93, title I, Sec. 132, Aug. 16, 1985, 99 Stat. 420,
provided that:
"(a) Reporting Systems. - In order to ensure that foreign
narcotics traffickers are denied visas to enter the United States,
as required by section 212(a)(23) of the Immigration and
Naturalization Act ([former] 22 [8] U.S.C. 1182(a)(23)) - 
"(1) the Department of State shall cooperate with United States
law enforcement agencies, including the Drug Enforcement
Administration and the United States Customs Service, in
establishing a comprehensive information system on all drug
arrests of foreign nationals in the United States, so that that
information may be communicated to the appropriate United States
embassies; and
"(2) the National Drug Enforcement Policy Board shall agree on
uniform guidelines which would permit the sharing of information
on foreign drug traffickers.
"(b) Report. - Not later than six months after the date of the
enactment of this Act [Aug. 16, 1985], the Chairman of the National
Drug Enforcement Policy Board shall submit a report to the
Committee on Foreign Affairs of the House of Representatives and
the Committee on Foreign Relations of the Senate on the steps taken
to implement this section."
[For transfer of functions, personnel, assets, and liabilities of
the United States Customs Service of the Department of the
Treasury, including functions of the Secretary of the Treasury
relating thereto, to the Secretary of Homeland Security, and for
treatment of related references, see sections 203(1), 551(d),
552(d), and 557 of Title 6, Domestic Security, and the Department
of Homeland Security Reorganization Plan of November 25, 2002, as
modified, set out as a note under section 542 of Title 6.]
REFUGEES FROM DEMOCRATIC KAMPUCHEA (CAMBODIA); TEMPORARY PAROLE
INTO UNITED STATES FOR FISCAL YEARS 1979 AND 1980
Pub. L. 95-431, title VI, Sec. 605, Oct. 10, 1978, 92 Stat. 1045,
provided that it was the sense of Congress that United States give
special consideration to plight of refugees from Democratic
Kampuchea (Cambodia) and that Attorney General should parole into
United States, under section 1182(d)(5) of this title for fiscal
year 1979, 7,500 aliens who are nationals or citizens of Democratic
Kampuchea and for fiscal year 1980, 7,500 such aliens.
RETROACTIVE ADJUSTMENT OF REFUGEE STATUS             
Pub. L. 95-412, Sec. 5, Oct. 5, 1978, 92 Stat. 909, as amended by
Pub. L. 96-212, title II, Sec. 203(g), Mar. 17, 1980, 94 Stat. 108,
provided that any refugee, not otherwise eligible for retroactive
adjustment of status, who was paroled into United States by
Attorney General pursuant to section 1182(d)(5) of this title
before Apr. 1, 1980, was to have his status adjusted pursuant to
section 1153(g) and (h) of this title.
REPORT BY ATTORNEY GENERAL TO CONGRESSIONAL COMMITTEES ON ADMISSION
OF CERTAIN EXCLUDABLE ALIENS
Pub. L. 95-370, title IV, Sec. 401, Sept. 17, 1978, 92 Stat. 627,
directed Attorney General, by October 30, 1979, to report to
specific congressional committees on certain cases of the admission
to the United States of aliens that may have been excludable under
former section 1182(a)(27) to (29) of this title.
NATIONAL BOARD OF MEDICAL EXAMINERS EXAMINATION          
Section 602(a), (b) of Pub. L. 94-484, as added by Pub. L. 95-83,
title III, Sec. 307(q)(3), Aug. 1, 1977, 91 Stat. 395, eff. Jan.
10, 1977, provided that an alien who is a graduate of a medical
school would be considered to have passed parts I and II of the
National Board of Medical Examiners Examination if the alien was on
January 9, 1977, a doctor of medicine fully and permanently
licensed to practice medicine in a State, held on that date a valid
specialty certificate issued by a constituent board of the American
Board of Medical Specialties, and was on that date practicing
medicine in a State, prior to repeal by Pub. L. 97-116, Sec.
5(a)(3), Dec. 29, 1981, 95 Stat. 1612.
LABOR CERTIFICATION FOR GRADUATES OF FOREIGN MEDICAL SCHOOLS;
DEVELOPMENT OF DATA BY SECRETARY OF HEALTH, EDUCATION, AND WELFARE
NOT LATER THAN OCT. 12, 1977
Section 906 of Pub. L. 94-484 directed Secretary of Health,
Education, and Welfare, not later than one year after Oct. 12,
1976, to develop sufficient data to enable the Secretary of Labor
to make equitable determinations with regard to applications for
labor certification by graduates of foreign medical schools, such
data to include the number of physicians (by specialty and by
percent of population) in a geographic area necessary to provide
adequate medical care, including such care in hospitals, nursing
homes, and other health care institutions, in such area.
RESETTLEMENT OF REFUGEE-ESCAPEE; REPORTS; FORMULA; TERMINATION
DATE; PERSONS DIFFICULT TO RESETTLE; CREATION OF RECORD OF
ADMISSION FOR PERMANENT RESIDENCE
Pub. L. 86-648, Secs. 1-4, 11, July 14, 1960, 74 Stat. 504, 505,
as amended by Pub. L. 87-510, Sec. 6, June 28, 1962, 76 Stat. 124;
Pub. L. 89-236, Sec. 16, Oct. 3, 1965, 79 Stat. 919, provided:
"[Section 1. Repealed. Pub. L. 89-236, Sec. 16, Oct. 3, 1965, 79
Stat. 919.]
"[Sec. 2. Repealed. Pub. L. 89-236, Sec. 16, Oct. 3, 1965, 79
Stat. 919.]
"Sec. 3. Any alien who was paroled into the United States as a
refugee-escapee, pursuant to section 1 of the Act, whose parole has
not theretofore been terminated by the Attorney General pursuant to
such regulations as he may prescribe under the authority of section
212(d)(5) of the Immigration and Nationality Act [subsec. (d)(5) of
this section]; and who has been in the United States for at least
two years, and who has not acquired permanent residence, shall
forthwith return or be returned to the custody of the Immigration
and Naturalization Service and shall thereupon be inspected and
examined for admission into the United States, and his case dealt
with in accordance with the provisions of sections 235, 236, and
237 of the Immigration and Nationality Act [sections 1225, 1226,
and [former] 1227 of this title].
"Sec. 4. Any alien who, pursuant to section 3 of this Act, is
found, upon inspection by the immigration officer or after hearing
before a special inquiry officer, to be admissible as an immigrant
under the Immigration and Nationality Act [this chapter] at the
time of his inspection and examination, except for the fact that he
was not and is not in possession of the documents required by
section 212(a)(20) of the said Act [former subsec. (a)(20) of this
section], shall be regarded as lawfully admitted to the United
States for permanent residence as of the date of his arrival.
* * * * *                             
"[Sec. 11. Repealed. Pub. L. 89-236, Sec. 16, Oct. 3, 1965, 79
Stat. 919.]"
CREATION OF RECORD OF ADMISSION FOR PERMANENT RESIDENCE IN THE CASE
OF CERTAIN HUNGARIAN REFUGEES
Pub. L. 85-559, July 25, 1958, 72 Stat. 419, provided: "That any
alien who was paroled into the United States as a refugee from the
Hungarian revolution under section 212(d)(5) of the Immigration and
Nationality Act [subsection (d)(5) of this section] subsequent to
October 23, 1956, who has been in the United States for at least
two years, and who has not acquired permanent residence, shall
forthwith return or be returned to the custody of the Immigration
and Naturalization Service, and shall thereupon be inspected and
examined for admission into the United States, and his case dealt
with, in accordance with the provisions of sections 235, 236 and
237 of that Act [sections 1225, 1226 and [former] 1227 of this
title].
"Sec. 2. Any such alien who, pursuant to section 1 of this Act,
is found, upon inspection by an immigration officer or after
hearing before a special inquiry officer, to have been and to be
admissible as an immigrant at the time of his arrival in the United
States and at the time of his inspection and examination, except
for the fact that he was not and is not in possession of the
documents required by section 212(a)(20) of the Immigration and
Nationality Act [former subsection (a)(20) of this section], shall
be regarded as lawfully admitted to the United States for permanent
residence as of the date of his arrival.
"Sec. 3. Nothing contained in this Act shall be held to repeal,
amend, alter, modify, affect, or restrict the powers, duties,
functions, or authority of the Attorney General in the
administration and enforcement of the Immigration and Nationality
Act [this chapter] or any other law relating to immigration,
nationality, or naturalization."
PROC. NO. 4865. HIGH SEAS INTERDICTION OF ILLEGAL ALIENS     
Proc. No. 4865, Sept. 29, 1981, 46 F.R. 48107, provided:
The ongoing migration of persons to the United States in
violation of our laws is a serious national problem detrimental to
the interests of the United States. A particularly difficult aspect
of the problem is the continuing illegal migration by sea of large
numbers of undocumented aliens into the southeastern United States.
These arrivals have severely strained the law enforcement resources
of the Immigration and Naturalization Service and have threatened
the welfare and safety of communities in that region.
As a result of our discussions with the Governments of affected
foreign countries and with agencies of the Executive Branch of our
Government, I have determined that new and effective measures to
curtail these unlawful arrivals are necessary. In this regard, I
have determined that international cooperation to intercept vessels
trafficking in illegal migrants is a necessary and proper means of
insuring the effective enforcement of our laws.
NOW, THEREFORE, I, RONALD REAGAN, President of the United States
of America, by the authority vested in me by the Constitution and
the statutes of the United States, including Sections 212(f) and
215(a)(1) of the Immigration and Nationality Act, as amended (8
U.S.C. 1182(f) and 1185(a)(1)), in order to protect the sovereignty
of the United States, and in accordance with cooperative
arrangements with certain foreign governments, and having found
that the entry of undocumented aliens, arriving at the borders of
the United States from the high seas, is detrimental to the
interests of the United States, do proclaim that:
The entry of undocumented aliens from the high seas is hereby
suspended and shall be prevented by the interdiction of certain
vessels carrying such aliens.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-ninth
day of September, in the year of our Lord nineteen hundred and
eighty-one, and of the Independence of the United States of America
the two hundred and sixth.
Ronald Reagan.
PROC. NO. 7750. TO SUSPEND ENTRY AS IMMIGRANTS OR NONIMMIGRANTS OF
PERSONS ENGAGED IN OR BENEFITING FROM CORRUPTION
Proc. No. 7750, Jan. 12, 2004, 69 F.R. 2287, provided:
In light of the importance of legitimate and transparent public
institutions to world stability, peace, and development, and the
serious negative effects that corruption of public institutions has
on the United States efforts to promote security and to strengthen
democratic institutions and free market systems, and in light of
the importance to the United States and the international community
of fighting corruption, as evidenced by the Third Global Forum on
Fighting Corruption and Safeguarding Integrity and other
intergovernmental efforts, I have determined that it is in the
interests of the United States to take action to restrict the
international travel and to suspend the entry into the United
States, as immigrants or nonimmigrants, of certain persons who have
committed, participated in, or are beneficiaries of corruption in
the performance of public functions where that corruption has
serious adverse effects on international activity of U.S.
businesses, U.S. foreign assistance goals, the security of the
United States against transnational crime and terrorism, or the
stability of democratic institutions and nations.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States
of America, by the authority vested in me by the Constitution and
the laws of the United States, including section 212(f) of the
Immigration and Nationality Act of 1952, 8 U.S.C. 1182(f), and
section 301 of title 3, United States Code, hereby find that the
unrestricted immigrant and nonimmigrant entry into the United
States of persons described in section 1 of this proclamation
would, except as provided in sections 2 and 3 of this proclamation,
be detrimental to the interests of the United States.
I therefore hereby proclaim that:
Section 1. The entry into the United States, as immigrants or
nonimmigrants, of the following persons is hereby suspended:
(a) Public officials or former public officials whose
solicitation or acceptance of any article of monetary value, or
other benefit, in exchange for any act or omission in the
performance of their public functions has or had serious adverse
effects on the national interests of the United States.
(b) Persons whose provision of or offer to provide any article of
monetary value or other benefit to any public official in exchange
for any act or omission in the performance of such official's
public functions has or had serious adverse effects on the national
interests of the United States.
(c) Public officials or former public officials whose
misappropriation of public funds or interference with the judicial,
electoral, or other public processes has or had serious adverse
effects on the national interests of the United States.
(d) The spouses, children, and dependent household members of
persons described in paragraphs (a), (b), and (c) above, who are
beneficiaries of any articles of monetary value or other benefits
obtained by such persons.
Sec. 2. Section 1 of this proclamation shall not apply with
respect to any person otherwise covered by section 1 where entry of
the person into the United States would not be contrary to the
interests of the United States.
Sec. 3. Persons covered by sections 1 and 2 of this proclamation
shall be identified by the Secretary of State or the Secretary's
designee, in his or her sole discretion, pursuant to such standards
and procedures as the Secretary may establish.
Sec. 4. For purposes of this proclamation, "serious adverse
effects on the national interests of the United States" means
serious adverse effects on the international economic activity of
U.S. businesses, U.S. foreign assistance goals, the security of the
United States against transnational crime and terrorism, or the
stability of democratic institutions and nations.
Sec. 5. Nothing in this proclamation shall be construed to
derogate from United States Government obligations under applicable
international agreements.
Sec. 6. The Secretary of State shall have responsibility for
implementing this proclamation pursuant to such procedures as the
Secretary may, in the Secretary's discretion, establish.
Sec. 7. This proclamation is effective immediately.
Sec. 8. This proclamation is not intended to, and does not,
create any right or benefit, substantive or procedural, enforceable
at law or in equity by any party, against the United States, its
departments, agencies, or other entities, its officers or
employees, or any other person.
IN WITNESS WHEREOF, I have hereunto set my hand this twelfth day
of January, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and
twenty-eighth.
George W. Bush.
EXECUTIVE ORDER NO. 12324                     
Ex. Ord. No. 12324, Sept. 29, 1981, 46 F.R. 48109, which directed
Secretary of State to enter into cooperative arrangements with
foreign governments for purpose of preventing illegal migration to
United States by sea, directed Secretary of the Department in which
the Coast Guard is operating to issue appropriate instructions to
Coast Guard to enforce suspension of entry of undocumented aliens
and interdiction of any defined vessel carrying such aliens, and
directed Attorney General to ensure fair enforcement of immigration
laws and strict observance of international obligations of United
States concerning those who genuinely flee persecution in their
homeland, was revoked and replaced by Ex. Ord. No. 12807, Sec. 4,
May 24, 1992, 57 F.R. 23134, set out below.
EX. ORD. NO. 12807. INTERDICTION OF ILLEGAL ALIENS        
Ex. Ord. No. 12807, May 24, 1992, 57 F.R. 23133, as amended by
Ex. Ord. No. 13286, Sec. 30, Feb. 28, 2003, 68 F.R. 10625,
provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, including sections
212(f) and 215(a)(1) of the Immigration and Nationality Act, as
amended (8 U.S.C. 1182(f) and 1185(a)(1)), and whereas:
(1) The President has authority to suspend the entry of aliens
coming by sea to the United States without necessary documentation,
to establish reasonable rules and regulations regarding, and other
limitations on, the entry or attempted entry of aliens into the
United States, and to repatriate aliens interdicted beyond the
territorial sea of the United States;
(2) The international legal obligations of the United States
under the United Nations Protocol Relating to the Status of
Refugees (U.S. T.I.A.S. 6577; 19 U.S.T. 6223) to apply Article 33
of the United Nations Convention Relating to the Status of Refugees
do not extend to persons located outside the territory of the
United States;
(3) Proclamation No. 4865 [set out above] suspends the entry of
all undocumented aliens into the United States by the high seas;
and
(4) There continues to be a serious problem of persons attempting
to come to the United States by sea without necessary documentation
and otherwise illegally;
I, GEORGE BUSH, President of the United States of America, hereby
order as follows:
Section 1. The Secretary of State shall undertake to enter into,
on behalf of the United States, cooperative arrangements with
appropriate foreign governments for the purpose of preventing
illegal migration to the United States by sea.
Sec. 2. (a) The Secretary of the Department in which the Coast
Guard is operating, in consultation, where appropriate, with the
Secretary of Defense, the Attorney General, and the Secretary of
State, shall issue appropriate instructions to the Coast Guard in
order to enforce the suspension of the entry of undocumented aliens
by sea and the interdiction of any defined vessel carrying such
aliens.
(b) Those instructions shall apply to any of the following
defined vessels:
(1) Vessels of the United States, meaning any vessel documented
or numbered pursuant to the laws of the United States, or owned in
whole or in part by the United States, a citizen of the United
States, or a corporation incorporated under the laws of the United
States or any State, Territory, District, Commonwealth, or
possession thereof, unless the vessel has been granted nationality
by a foreign nation in accord with Article 5 of the Convention on
the High Seas of 1958 (U.S. T.I.A.S. 5200; 13 U.S.T. 2312).
(2) Vessels without nationality or vessels assimilated to vessels
without nationality in accordance with paragraph (2) of Article 6
of the Convention on the High Seas of 1958 (U.S. T.I.A.S. 5200; 13
U.S.T. 2312).
(3) Vessels of foreign nations with whom we have arrangements
authorizing the United States to stop and board such vessels.
(c) Those instructions to the Coast Guard shall include
appropriate directives providing for the Coast Guard:
(1) To stop and board defined vessels, when there is reason to
believe that such vessels are engaged in the irregular
transportation of persons or violations of United States law or the
law of a country with which the United States has an arrangement
authorizing such action.
(2) To make inquiries of those on board, examine documents and
take such actions as are necessary to carry out this order.
(3) To return the vessel and its passengers to the country from
which it came, or to another country, when there is reason to
believe that an offense is being committed against the United
States immigration laws, or appropriate laws of a foreign country
with which we have an arrangement to assist; provided, however,
that the Secretary of Homeland Security, in his unreviewable
discretion, may decide that a person who is a refugee will not be
returned without his consent.
(d) These actions, pursuant to this section, are authorized to be
undertaken only beyond the territorial sea of the United States.
Sec. 3. This order is intended only to improve the internal
management of the Executive Branch. Neither this order nor any
agency guidelines, procedures, instructions, directives, rules or
regulations implementing this order shall create, or shall be
construed to create, any right or benefit, substantive or
procedural (including without limitation any right or benefit under
the Administrative Procedure Act [5 U.S.C. 551 et seq., 701 et
seq.]), legally enforceable by any party against the United States,
its agencies or instrumentalities, officers, employees, or any
other person. Nor shall this order be construed to require any
procedures to determine whether a person is a refugee.
Sec. 4. Executive Order No. 12324 is hereby revoked and replaced
by this order.
Sec. 5. This order shall be effective immediately.
George Bush.
EX. ORD. NO. 13276. DELEGATION OF RESPONSIBILITIES CONCERNING
UNDOCUMENTED ALIENS INTERDICTED OR INTERCEPTED IN THE CARIBBEAN
REGION
Ex. Ord. No. 13276, Nov. 15, 2002, 67 F.R. 69985, as amended by
Ex. Ord. No. 13286, Sec. 1, Feb. 28, 2003, 68 F.R. 10619, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, including sections
212(f) and 215(a)(1) of the Immigration and Nationality Act, as
amended (8 U.S.C. 1182(f) and 1185(a)(1)), and section 301 of title
3, United States Code, and in order to delegate appropriate
responsibilities to Federal agencies for responding to migration of
undocumented aliens in the Caribbean region, it is hereby ordered:
Section 1. Duties and Authorities of Agency Heads. Consistent
with applicable law,
(a)(i) The Secretary of Homeland Security may maintain custody,
at any location he deems appropriate, of any undocumented aliens he
has reason to believe are seeking to enter the United States and
who are interdicted or intercepted in the Caribbean region. In this
regard, the Secretary of Homeland Security shall provide and
operate a facility, or facilities, to house and provide for the
needs of any such aliens. Such a facility may be located at
Guantanamo Bay Naval Base or any other appropriate location.
(ii) The Secretary of Homeland Security may conduct any screening
of such aliens that he deems appropriate, including screening to
determine whether such aliens should be returned to their country
of origin or transit, or whether they are persons in need of
protection who should not be returned without their consent. If the
Secretary of Homeland Security institutes such screening, then
until a determination is made, the Secretary of Homeland Security
shall provide for the custody, care, safety, transportation, and
other needs of the aliens. The Secretary of Homeland Security shall
continue to provide for the custody, care, safety, transportation,
and other needs of aliens who are determined not to be persons in
need of protection until such time as they are returned to their
country of origin or transit.
(b) The Secretary of State shall provide for the custody, care,
safety, transportation, and other needs of undocumented aliens
interdicted or intercepted in the Caribbean region whom the
Secretary of Homeland Security has identified as persons in need of
protection. The Secretary of State shall provide for and execute a
process for resettling such persons in need of protection, as
appropriate, in countries other than their country of origin, and
shall also undertake such diplomatic efforts as may be necessary to
address the problem of illegal migration of aliens in the Caribbean
region and to facilitate the return of those aliens who are
determined not to be persons in need of protection.
(c)(i) The Secretary of Defense shall make available to the
Secretary of Homeland Security and the Secretary of State, for the
housing and care of any undocumented aliens interdicted or
intercepted in the Caribbean region and taken into their custody,
any facilities at Guantanamo Bay Naval Base that are excess to
current military needs and the provision of which does not
interfere with the operation and security of the base. The
Secretary of Defense shall be responsible for providing access to
such facilities and perimeter security. The Secretary of Homeland
Security and the Secretary of State, respectively, shall be
responsible for reimbursement for necessary supporting utilities.
(ii) In the event of a mass migration in the Caribbean region,
the Secretary of Defense shall provide support to the Secretary of
Homeland Security and the Secretary of State in carrying out the
duties described in paragraphs (a) and (b) of this section
regarding the custody, care, safety, transportation, and other
needs of the aliens, and shall assume primary responsibility for
these duties on a nonreimbursable basis as necessary to contain the
threat to national security posed by the migration. The Secretary
of Defense shall also provide support to the Coast Guard in
carrying out the duties described in Executive Order 12807 of May
24, 1992 [set out above], regarding interdiction of migrants.
Sec. 2. Definitions. For purposes of this order, the term "mass
migration" means a migration of undocumented aliens that is of such
magnitude and duration that it poses a threat to the national
security of the United States, as determined by the President.
Sec. 3. Scope.
(a) Nothing in this order shall be construed to impair or
otherwise affect the authorities and responsibilities set forth in
Executive Order 12807 of May 24, 1992 [set out above].
(b) Nothing in this order shall be construed to make reviewable
in any judicial or administrative proceeding, or otherwise, any
action, omission, or matter that otherwise would not be reviewable.
(c) This order is intended only to improve the management of the
executive branch. This order is not intended to, and does not,
create any right or benefit, substantive or procedural, enforceable
at law or equity or otherwise against the United States, its
departments, agencies, entities, instrumentalities, officers,
employees, or any other person.
(d) Any agency assigned any duties by this order may use the
provisions of the Economy Act, 31 U.S.C. 1535 and 1536, to carry
out such duties, to the extent permitted by such Act.
(e) This order shall not be construed to require any procedure to
determine whether a person is a refugee or otherwise in need of
protection.
George W. Bush.
DELEGATION OF AUTHORITY UNDER SECTIONS 1182(F) AND 1185(A)(1) OF
THIS TITLE
Memorandum of President of the United States, Sept. 24, 1999, 64
F.R. 55809, provided:
Memorandum for the Attorney General
By the authority vested in me as President by the Constitution
and the laws of the United States of America, including sections
212(f) and 215(a)(1) of the Immigration and Nationality Act, as
amended (8 U.S.C. 1182(f) and 1185(a)(1)), and in light of
Proclamation 4865 of September 29, 1981 [set out above], I hereby
delegate to the Attorney General the authority to:
(a) Maintain custody, at any location she deems appropriate,
and conduct any screening she deems appropriate in her
unreviewable discretion, of any undocumented person she has
reason to believe is seeking to enter the United States and who
is encountered in a vessel interdicted on the high seas through
December 31, 2000; and
(b) Undertake any other appropriate actions with respect to
such aliens permitted by law.
With respect to the functions delegated by this order, all
actions taken after April 16, 1999, for or on behalf of the
President that would have been valid if taken pursuant to this
memorandum are ratified.
This memorandum is not intended to create, and should not be
construed to create, any right or benefit, substantive or
procedural, legally enforceable by any party against the United
States, its agencies or instrumentalities, officers, employees, or
any other person, or to require any procedures to determine whether
a person is a refugee.
You are authorized and directed to publish this memorandum in the
Federal Register.
William J. Clinton.
(!1) See Reference in Text note below.
(!2) So in original. Probably should be a reference to section
1229c of this title.
(!3) So in original. Probably should be preceded by "ineligible
for".
(!4) So in original.
(!5) So in original. Probably should be "Secretary's".
(!6) So in original. Probably should be "(10)(E))".
(!7) So in original.
(!8) So in original. Probably should be "or".
(!9) So in original. Probably should be "clause".
(!10) So in original. Two subsecs. (t) have been enacted.
(!11) So in original. Two subsecs. (t) have been enacted.