
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-125 Section 2(b)]
[Document affected by Public Law 107-128 Section 1]
[CITE: 8USC1101]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
Sec. 1101. Definitions

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

    (14) The term ``foreign state'' includes outlying possessions of a 
foreign state, but self-governing dominions or territories under mandate 
or trusteeship shall be regarded as separate foreign states.
    (15) The term ``immigrant'' means every alien except an alien who is 
within one of the following classes of nonimmigrant aliens--
        (A)(i) an ambassador, public minister, or career diplomatic or 
    consular officer who has been accredited by a foreign government, 
    recognized de jure by the United States and who is accepted by the 
    President or by the Secretary of State, and the members of the 
    alien's immediate family;
        (ii) upon a basis of reciprocity, other officials and employees 
    who have been accredited by a foreign government recognized de jure 
    by the United States, who are accepted by the Secretary of State, 
    and the members of their immediate families; and
        (iii) upon a basis of reciprocity, attendants, servants, 
    personal employees, and members of their immediate families, of the 
    officials and employees who have a nonimmigrant status under (i) and 
    (ii) above;
        (B) an alien (other than one coming for the purpose of study or 
    of performing skilled or unskilled labor or as a representative of 
    foreign press, radio, film, or other foreign information media 
    coming to engage in such vocation) having a residence in a foreign 
    country which he has no intention of abandoning and who is visiting 
    the United States temporarily for business or temporarily for 
    pleasure;
        (C) an alien in immediate and continuous transit through the 
    United States, or an alien who qualifies as a person entitled to 
    pass in transit to and from the United Nations Headquarters District 
    and foreign countries, under the provisions of paragraphs (3), (4), 
    and (5) of section 11 of the Headquarters Agreement with the United 
    Nations (61 Stat. 758);
        (D)(i) an alien crewman serving in good faith as such in a 
    capacity required for normal operation and service on board a 
    vessel, as defined in section 1288(a) of this title (other than a 
    fishing vessel having its home port or an operating base in the 
    United States), or aircraft, who intends to land temporarily and 
    solely in pursuit of his calling as a crewman and to depart from the 
    United States with the vessel or aircraft on which he arrived or 
    some other vessel or aircraft;
        (ii) an alien crewman serving in good faith as such in any 
    capacity required for normal operations and service aboard a fishing 
    vessel having its home port or an operating base in the United 
    States who intends to land temporarily in Guam and solely in pursuit 
    of his calling as a crewman and to depart from Guam with the vessel 
    on which he arrived;
        (E) an alien entitled to enter the United States under and in 
    pursuance of the provisions of a treaty of commerce and navigation 
    between the United States and the foreign state of which he is a 
    national, and the spouse and children of any such alien if 
    accompanying or following to join him; (i) solely to carry on 
    substantial trade, including trade in services or trade in 
    technology, principally between the United States and the foreign 
    state of which he is a national; or (ii) solely to develop and 
    direct the operations of an enterprise in which he has invested, or 
    of an enterprise in which he is actively in the process of 
    investing, a substantial amount of capital;
        (F)(i) an alien having a residence in a foreign country which he 
    has no intention of abandoning, who is a bona fide student qualified 
    to pursue a full course of study and who seeks to enter the United 
    States temporarily and solely for the purpose of pursuing such a 
    course of study consistent with section 1184(l) \1\ of this title at 
    an established college, university, seminary, conservatory, academic 
    high school, elementary school, or other academic institution or in 
    a language training program in the United States, particularly 
    designated by him and approved by the Attorney General after 
    consultation with the Secretary of Education, which institution or 
    place of study shall have agreed to report to the Attorney General 
    the termination of attendance of each nonimmigrant student, and if 
    any such institution of learning or place of study fails to make 
    reports promptly the approval shall be withdrawn, and (ii) the alien 
    spouse and minor children of any such alien if accompanying him or 
    following to join him;
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        (G)(i) a designated principal resident representative of a 
    foreign government recognized de jure by the United States, which 
    foreign government is a member of an international organization 
    entitled to enjoy privileges, exemptions, and immunities as an 
    international organization under the International Organizations 
    Immunities Act (59 Stat. 669) [22 U.S.C. 288 et seq.], accredited 
    resident members of the staff of such representatives, and members 
    of his or their immediate family;
        (ii) other accredited representatives of such a foreign 
    government to such international organizations, and the members of 
    their immediate families;
        (iii) an alien able to qualify under (i) or (ii) above except 
    for the fact that the government of which such alien is an 
    accredited representative is not recognized de jure by the United 
    States, or that the government of which he is an accredited 
    representative is not a member of such international organization; 
    and the members of his immediate family;
        (iv) officers, or employees of such international organizations, 
    and the members of their immediate families;
        (v) attendants, servants, and personal employees of any such 
    representative, officer, or employee, and the members of the 
    immediate families of such attendants, servants, and personal 
    employees;
        (H) an alien (i)[(a) Repealed. Pub. L. 106-95, Sec. 2(c), Nov. 
    12, 1999, 113 Stat. 1316] (b) subject to section 1182(j)(2) of this 
    title, who is coming temporarily to the United States to perform 
    services (other than services described in subclause (a) during the 
    period in which such subclause applies and other than services 
    described in subclause (ii)(a) or in subparagraph (O) or (P)) in a 
    specialty occupation described in section 1184(i)(1) of this title 
    or as a fashion model, who meets the requirements for the occupation 
    specified in section 1184(i)(2) of this title or, in the case of a 
    fashion model, is of distinguished merit and ability, and with 
    respect to whom the Secretary of Labor determines and certifies to 
    the Attorney General that the intending employer has filed with the 
    Secretary an application under section 1182(n)(1) of this title, or 
    (c) who is coming temporarily to the United States to perform 
    services as a registered nurse, who meets the qualifications 
    described in section 1182(m)(1) of this title, and with respect to 
    whom the Secretary of Labor determines and certifies to the Attorney 
    General that an unexpired attestation is on file and in effect under 
    section 1182(m)(2) of this title for the facility (as defined in 
    section 1182(m)(6) of this title) for which the alien will perform 
    the services; or (ii)(a) having a residence in a foreign country 
    which he has no intention of abandoning who is coming temporarily to 
    the United States to perform agricultural labor or services, as 
    defined by the Secretary of Labor in regulations and including 
    agricultural labor defined in section 3121(g) of title 26 and 
    agriculture as defined in section 203(f) of title 29, of a temporary 
    or seasonal nature, or (b) having a residence in a foreign country 
    which he has no intention of abandoning who is coming temporarily to 
    the United States to perform other temporary service or labor if 
    unemployed persons capable of performing such service or labor 
    cannot be found in this country, but this clause shall not apply to 
    graduates of medical schools coming to the United States to perform 
    services as members of the medical profession; or (iii) having a 
    residence in a foreign country which he has no intention of 
    abandoning who is coming temporarily to the United States as a 
    trainee, other than to receive graduate medical education or 
    training, in a training program that is not designed primarily to 
    provide productive employment; and the alien spouse and minor 
    children of any such alien specified in this paragraph if 
    accompanying him or following to join him;
        (I) upon a basis of reciprocity, an alien who is a bona fide 
    representative of foreign press, radio, film, or other foreign 
    information media, who seeks to enter the United States solely to 
    engage in such vocation, and the spouse and children of such a 
    representative, if accompanying or following to join him;
        (J) an alien having a residence in a foreign country which he 
    has no intention of abandoning who is a bona fide student, scholar, 
    trainee, teacher, professor, research assistant, specialist, or 
    leader in a field of specialized knowledge or skill, or other person 
    of similar description, who is coming temporarily to the United 
    States as a participant in a program designated by the Director of 
    the United States Information Agency, for the purpose of teaching, 
    instructing or lecturing, studying, observing, conducting research, 
    consulting, demonstrating special skills, or receiving training and 
    who, if he is coming to the United States to participate in a 
    program under which he will receive graduate medical education or 
    training, also meets the requirements of section 1182(j) of this 
    title, and the alien spouse and minor children of any such alien if 
    accompanying him or following to join him;
        (K) subject to subsections (d) and (p) of section 1184 of this 
    title, an alien who--
            (i) is the fiancee or fiance of a citizen of the United 
        States and who seeks to enter the United States solely to 
        conclude a valid marriage with the petitioner within ninety days 
        after admission;
            (ii) has concluded a valid marriage with a citizen of the 
        United States who is the petitioner, is the beneficiary of a 
        petition to accord a status under section 1151(b)(2)(A)(i) of 
        this title that was filed under section 1154 of this title by 
        the petitioner, and seeks to enter the United States to await 
        the approval of such petition and the availability to the alien 
        of an immigrant visa; or
            (iii) is the minor child of an alien described in clause (i) 
        or (ii) and is accompanying, or following to join, the alien;

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

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

        (Q)(i) an alien having a residence in a foreign country which he 
    has no intention of abandoning who is coming temporarily (for a 
    period not to exceed 15 months) to the United States as a 
    participant in an international cultural exchange program approved 
    by the Attorney General for the purpose of providing practical 
    training, employment, and the sharing of the history, culture, and 
    traditions of the country of the alien's nationality and who will be 
    employed under the same wages and working conditions as domestic 
    workers; or (ii)(I) an alien 35 years of age or younger having a 
    residence in Northern Ireland, or the counties of Louth, Monaghan, 
    Cavan, Leitrim, Sligo, and Donegal within the Republic of Ireland, 
    which the alien has no intention of abandoning who is coming 
    temporarily (for a period not to exceed 36 months) to the United 
    States as a participant in a cultural and training program approved 
    by the Secretary of State and the Attorney General under section 
    2(a) of the Irish Peace Process Cultural and Training Program Act of 
    1998 for the purpose of providing practical training, employment, 
    and the experience of coexistence and conflict resolution in a 
    diverse society, and (II) the alien spouse and minor children of any 
    such alien if accompanying the alien or following to join the alien;
        (R) an alien, and the spouse and children of the alien if 
    accompanying or following to join the alien, who--
            (i) for the 2 years immediately preceding the time of 
        application for admission, has been a member of a religious 
        denomination having a bona fide nonprofit, religious 
        organization in the United States; and
            (ii) seeks to enter the United States for a period not to 
        exceed 5 years to perform the work described in subclause (I), 
        (II), or (III) of paragraph (27)(C)(ii);

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

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

    and, if the Attorney General (or with respect to clause (ii), the 
    Secretary of State and the Attorney General jointly) considers it to 
    be appropriate, the spouse, married and unmarried sons and 
    daughters, and parents of an alien described in clause (i) or (ii) 
    if accompanying, or following to join, the alien;
        (T)(i) subject to section 1184(n) of this title, an alien who 
    the Attorney General determines--
            (I) is or has been a victim of a severe form of trafficking 
        in persons, as defined in section 7102 of title 22,
            (II) is physically present in the United States, American 
        Samoa, or the Commonwealth of the Northern Mariana Islands, or 
        at a port of entry thereto, on account of such trafficking,
            (III)(aa) has complied with any reasonable request for 
        assistance in the investigation or prosecution of acts of 
        trafficking, or
            (bb) has not attained 15 years of age, and
            (IV) the alien would suffer extreme hardship involving 
        unusual and severe harm upon removal; and

        (ii) if the Attorney General considers it necessary to avoid 
    extreme hardship--
            (I) in the case of an alien described in clause (i) who is 
        under 21 years of age, the spouse, children, and parents of such 
        alien; and
            (II) in the case of an alien described in clause (i) who is 
        21 years of age or older, the spouse and children of such alien,

    if accompanying, or following to join, the alien described in clause 
    (i);
        (U)(i) subject to section 1184(o) \2\ of this title, an alien 
    who files a petition for status under this subparagraph, if the 
    Attorney General determines that--
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            (I) the alien has suffered substantial physical or mental 
        abuse as a result of having been a victim of criminal activity 
        described in clause (iii);
            (II) the alien (or in the case of an alien child under the 
        age of 16, the parent, guardian, or next friend of the alien) 
        possesses information concerning criminal activity described in 
        clause (iii);
            (III) the alien (or in the case of an alien child under the 
        age of 16, the parent, guardian, or next friend of the alien) 
        has been helpful, is being helpful, or is likely to be helpful 
        to a Federal, State, or local law enforcement official, to a 
        Federal, State, or local prosecutor, to a Federal or State 
        judge, to the Service, or to other Federal, State, or local 
        authorities investigating or prosecuting criminal activity 
        described in clause (iii); and
            (IV) the criminal activity described in clause (iii) 
        violated the laws of the United States or occurred in the United 
        States (including in Indian country and military installations) 
        or the territories and possessions of the United States;

        (ii) if the Attorney General considers it necessary to avoid 
    extreme hardship to the spouse, the child, or, in the case of an 
    alien child, the parent of the alien described in clause (i), the 
    Attorney General may also grant status under this paragraph based 
    upon certification of a government official listed in clause 
    (i)(III) that an investigation or prosecution would be harmed 
    without the assistance of the spouse, the child, or, in the case of 
    an alien child, the parent of the alien; and
        (iii) the criminal activity referred to in this clause is that 
    involving one or more of the following or any similar activity in 
    violation of Federal, State, or local criminal law: rape; torture; 
    trafficking; incest; domestic violence; sexual assault; abusive 
    sexual contact; prostitution; sexual exploitation; female genital 
    mutilation; being held hostage; peonage; involuntary servitude; 
    slave trade; kidnapping; abduction; unlawful criminal restraint; 
    false imprisonment; blackmail; extortion; manslaughter; murder; 
    felonious assault; witness tampering; obstruction of justice; 
    perjury; or attempt, conspiracy, or solicitation to commit any of 
    the above mentioned crimes; or
        (V) subject to section 1184(o) \2\ of this title, an alien who 
    is the beneficiary (including a child of the principal alien, if 
    eligible to receive a visa under section 1153(d) of this title) of a 
    petition to accord a status under section 1153(a)(2)(A) of this 
    title that was filed with the Attorney General under section 1154 of 
    this title on or before December 21, 2000, if--
            (i) such petition has been pending for 3 years or more; or
            (ii) such petition has been approved, 3 years or more have 
        elapsed since such filing date, and--
                (I) an immigrant visa is not immediately available to 
            the alien because of a waiting list of applicants for visas 
            under section 1153(a)(2)(A) of this title; or
                (II) the alien's application for an immigrant visa, or 
            the alien's application for adjustment of status under 
            section 1255 of this title, pursuant to the approval of such 
            petition, remains pending.

    (16) The term ``immigrant visa'' means an immigrant visa required by 
this chapter and properly issued by a consular officer at his office 
outside of the United States to an eligible immigrant under the 
provisions of this chapter.
    (17) The term ``immigration laws'' includes this chapter and all 
laws, conventions, and treaties of the United States relating to the 
immigration, exclusion, deportation, expulsion, or removal of aliens.
    (18) The term ``immigration officer'' means any employee or class of 
employees of the Service or of the United States designated by the 
Attorney General, individually or by regulation, to perform the 
functions of an immigration officer specified by this chapter or any 
section of this title.
    (19) The term ``ineligible to citizenship,'' when used in reference 
to any individual, means, notwithstanding the provisions of any treaty 
relating to military service, an individual who is, or was at any time 
permanently debarred from becoming a citizen of the United States under 
section 3(a) of the Selective Training and Service Act of 1940, as 
amended (54 Stat. 885; 55 Stat. 844), or under section 4(a) of the 
Selective Service Act of 1948, as amended (62 Stat. 605; 65 Stat. 76) 
[50 App. U.S.C. 454(a)], or under any section of this chapter, or any 
other Act, or under any law amendatory of, supplementary to, or in 
substitution for, any of such sections or Acts.
    (20) The term ``lawfully admitted for permanent residence'' means 
the status of having been lawfully accorded the privilege of residing 
permanently in the United States as an immigrant in accordance with the 
immigration laws, such status not having changed.
    (21) The term ``national'' means a person owing permanent allegiance 
to a state.
    (22) The term ``national of the United States'' means (A) a citizen 
of the United States, or (B) a person who, though not a citizen of the 
United States, owes permanent allegiance to the United States.
    (23) The term ``naturalization'' means the conferring of nationality 
of a state upon a person after birth, by any means whatsoever.
    (24) Repealed. Pub. L. 102-232, title III, Sec. 305(m)(1), Dec. 12, 
1991, 105 Stat. 1750.
    (25) The term ``noncombatant service'' shall not include service in 
which the individual is not subject to military discipline, court 
martial, or does not wear the uniform of any branch of the armed forces.
    (26) The term ``nonimmigrant visa'' means a visa properly issued to 
an alien as an eligible nonimmigrant by a competent officer as provided 
in this chapter.
    (27) The term ``special immigrant'' means--
        (A) an immigrant, lawfully admitted for permanent residence, who 
    is returning from a temporary visit abroad;
        (B) an immigrant who was a citizen of the United States and may, 
    under section 1435(a) or 1438 of this title, apply for reacquisition 
    of citizenship;
        (C) an immigrant, and the immigrant's spouse and children if 
    accompanying or following to join the immigrant, who--
            (i) for at least 2 years immediately preceding the time of 
        application for admission, has been a member of a religious 
        denomination having a bona fide nonprofit, religious 
        organization in the United States;
            (ii) seeks to enter the United States--
                (I) solely for the purpose of carrying on the vocation 
            of a minister of that religious denomination,
                (II) before October 1, 2003, in order to work for the 
            organization at the request of the organization in a 
            professional capacity in a religious vocation or occupation, 
            or
                (III) before October 1, 2003, in order to work for the 
            organization (or for a bona fide organization which is 
            affiliated with the religious denomination and is exempt 
            from taxation as an organization described in section 
            501(c)(3) of title 26) at the request of the organization in 
            a religious vocation or occupation; and

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

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

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

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

    and the spouse or child of any such immigrant if accompanying or 
    following to join the immigrant, but only if the executive 
    department under which the immigrant serves or served recommends the 
    granting of special immigrant status to the immigrant;
        (L) an immigrant who would be described in clause (i), (ii), 
    (iii), or (iv) of subparagraph (I) if any reference in such a 
    clause--
            (i) to an international organization described in paragraph 
        (15)(G)(i) were treated as a reference to the North Atlantic 
        Treaty Organization (NATO);
            (ii) to a nonimmigrant under paragraph (15)(G)(iv) were 
        treated as a reference to a nonimmigrant classifiable under 
        NATO-6 (as a member of a civilian component accompanying a force 
        entering in accordance with the provisions of the NATO Status-
        of-Forces Agreement, a member of a civilian component attached 
        to or employed by an Allied Headquarters under the ``Protocol on 
        the Status of International Military Headquarters'' set up 
        pursuant to the North Atlantic Treaty, or as a dependent); and
            (iii) to the Immigration Technical Corrections Act of 1988 
        or to the Immigration and Nationality Technical Corrections Act 
        of 1994 were a reference to the American Competitiveness and 
        Workforce Improvement Act of 1998 \3\
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    \3\ So in original. Probably should be followed by ``; or''.

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

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

        (F) a crime of violence (as defined in section 16 of title 18, 
    but not including a purely political offense) for which the term of 
    imprisonment at \4\ least one year;
---------------------------------------------------------------------------
    \4\ So in original. Probably should be preceded by ``is''.
---------------------------------------------------------------------------
        (G) a theft offense (including receipt of stolen property) or 
    burglary offense for which the term of imprisonment at \4\ least one 
    year;
        (H) an offense described in section 875, 876, 877, or 1202 of 
    title 18 (relating to the demand for or receipt of ransom);
        (I) an offense described in section 2251, 2251A, or 2252 of 
    title 18 (relating to child pornography);
        (J) an offense described in section 1962 of title 18 (relating 
    to racketeer influenced corrupt organizations), or an offense 
    described in section 1084 (if it is a second or subsequent offense) 
    or 1955 of that title (relating to gambling offenses), for which a 
    sentence of one year imprisonment or more may be imposed;
        (K) an offense that--
            (i) relates to the owning, controlling, managing, or 
        supervising of a prostitution business;
            (ii) is described in section 2421, 2422, or 2423 of title 18 
        (relating to transportation for the purpose of prostitution) if 
        committed for commercial advantage; or
            (iii) is described in section 1581, 1582, 1583, 1584, 1585, 
        or 1588 of title 18 (relating to peonage, slavery, and 
        involuntary servitude);

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

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

        (N) an offense described in paragraph (1)(A) or (2) of section 
    1324(a) of this title (relating to alien smuggling), except in the 
    case of a first offense for which the alien has affirmatively shown 
    that the alien committed the offense for the purpose of assisting, 
    abetting, or aiding only the alien's spouse, child, or parent (and 
    no other individual) to violate a provision of this chapter \5\
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    \5\ So in original. Probably should be followed by a semicolon.
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        (O) an offense described in section 1325(a) or 1326 of this 
    title committed by an alien who was previously deported on the basis 
    of a conviction for an offense described in another subparagraph of 
    this paragraph;
        (P) an offense (i) which either is falsely making, forging, 
    counterfeiting, mutilating, or altering a passport or instrument in 
    violation of section 1543 of title 18 or is described in section 
    1546(a) of such title (relating to document fraud) and (ii) for 
    which the term of imprisonment is at least 12 months, except in the 
    case of a first offense for which the alien has affirmatively shown 
    that the alien committed the offense for the purpose of assisting, 
    abetting, or aiding only the alien's spouse, child, or parent (and 
    no other individual) to violate a provision of this chapter;
        (Q) an offense relating to a failure to appear by a defendant 
    for service of sentence if the underlying offense is punishable by 
    imprisonment for a term of 5 years or more;
        (R) an offense relating to commercial bribery, counterfeiting, 
    forgery, or trafficking in vehicles the identification numbers of 
    which have been altered for which the term of imprisonment is at 
    least one year;
        (S) an offense relating to obstruction of justice, perjury or 
    subornation of perjury, or bribery of a witness, for which the term 
    of imprisonment is at least one year;
        (T) an offense relating to a failure to appear before a court 
    pursuant to a court order to answer to or dispose of a charge of a 
    felony for which a sentence of 2 years' imprisonment or more may be 
    imposed; and
        (U) an attempt or conspiracy to commit an offense described in 
    this paragraph.

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

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

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

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

    (B) Any reference to a term of imprisonment or a sentence with 
respect to an offense is deemed to include the period of incarceration 
or confinement ordered by a court of law regardless of any suspension of 
the imposition or execution of that imprisonment or sentence in whole or 
in part.
    (49) The term ``stowaway'' means any alien who obtains 
transportation without the consent of the owner, charterer, master or 
person in command of any vessel or aircraft through concealment aboard 
such vessel or aircraft. A passenger who boards with a valid ticket is 
not to be considered a stowaway.
    (50) The term ``intended spouse'' means any alien who meets the 
criteria set forth in section 1154(a)(1)(A)(iii)(II)(aa)(BB), 
1154(a)(1)(B)(ii)(II)(aa)(BB), or 1229b(b)(2)(A)(i)(III) of this title.
    (b) As used in subchapters I and II of this chapter--
    (1) The term ``child'' means an unmarried person under twenty-one 
years of age who is--
        (A) a child born in wedlock;
        (B) a stepchild, whether or not born out of wedlock, provided 
    the child had not reached the age of eighteen years at the time the 
    marriage creating the status of stepchild occurred;
        (C) a child legitimated under the law of the child's residence 
    or domicile, or under the law of the father's residence or domicile, 
    whether in or outside the United States, if such legitimation takes 
    place before the child reaches the age of eighteen years and the 
    child is in the legal custody of the legitimating parent or parents 
    at the time of such legitimation;
        (D) a child born out of wedlock, by, through whom, or on whose 
    behalf a status, privilege, or benefit is sought by virtue of the 
    relationship of the child to its natural mother or to its natural 
    father if the father has or had a bona fide parent-child 
    relationship with the person;
        (E)(i) a child adopted while under the age of sixteen years if 
    the child has been in the legal custody of, and has resided with, 
    the adopting parent or parents for at least two years: Provided, 
    That no natural parent of any such adopted child shall thereafter, 
    by virtue of such parentage, be accorded any right, privilege, or 
    status under this chapter; or
        (ii) subject to the same proviso as in clause (i), a child who: 
    (I) is a natural sibling of a child described in clause (i) or 
    subparagraph (F)(i); (II) was adopted by the adoptive parent or 
    parents of the sibling described in such clause or subparagraph; and 
    (III) is otherwise described in clause (i), except that the child 
    was adopted while under the age of 18 years; or
        (F)(i) a child, under the age of sixteen at the time a petition 
    is filed in his behalf to accord a classification as an immediate 
    relative under section 1151(b) of this title, who is an orphan 
    because of the death or disappearance of, abandonment or desertion 
    by, or separation or loss from, both parents, or for whom the sole 
    or surviving parent is incapable of providing the proper care and 
    has in writing irrevocably released the child for emigration and 
    adoption; who has been adopted abroad by a United States citizen and 
    spouse jointly, or by an unmarried United States citizen at least 
    twenty-five years of age, who personally saw and observed the child 
    prior to or during the adoption proceedings; or who is coming to the 
    United States for adoption by a United States citizen and spouse 
    jointly, or by an unmarried United States citizen at least twenty-
    five years of age, who have or has complied with the preadoption 
    requirements, if any, of the child's proposed residence; Provided, 
    That the Attorney General is satisfied that proper care will be 
    furnished the child if admitted to the United States: Provided 
    further, That no natural parent or prior adoptive parent of any such 
    child shall thereafter, by virtue of such parentage, be accorded any 
    right, privilege, or status under this chapter; or
        (ii) subject to the same provisos as in clause (i), a child who: 
    (I) is a natural sibling of a child described in clause (i) or 
    subparagraph (E)(i); (II) has been adopted abroad, or is coming to 
    the United States for adoption, by the adoptive parent (or 
    prospective adoptive parent) or parents of the sibling described in 
    such clause or subparagraph; and (III) is otherwise described in 
    clause (i), except that the child is under the age of 18 at the time 
    a petition is filed in his or her behalf to accord a classification 
    as an immediate relative under section 1151(b) of this title.

    (2) The terms ``parent'', ``father'', or ``mother'' mean a parent, 
father, or mother only where the relationship exists by reason of any of 
the circumstances set forth in subdivision (1) of this subsection, 
except that, for purposes of paragraph (1)(F) (other than the second 
proviso therein) in the case of a child born out of wedlock described in 
paragraph (1)(D) (and not described in paragraph (1)(C)), the term 
``parent'' does not include the natural father of the child if the 
father has disappeared or abandoned or deserted the child or if the 
father has in writing irrevocably released the child for emigration and 
adoption.
    (3) The term ``person'' means an individual or an organization.
    (4) The term ``immigration judge'' means an attorney whom the 
Attorney General appoints as an administrative judge within the 
Executive Office for Immigration Review, qualified to conduct specified 
classes of proceedings, including a hearing under section 1229a of this 
title. An immigration judge shall be subject to such supervision and 
shall perform such duties as the Attorney General shall prescribe, but 
shall not be employed by the Immigration and Naturalization Service.
    (5) The term ``adjacent islands'' includes Saint Pierre, Miquelon, 
Cuba, the Dominican Republic, Haiti, Bermuda, the Bahamas, Barbados, 
Jamaica, the Windward and Leeward Islands, Trinidad, Martinique, and 
other British, French, and Netherlands territory or possessions in or 
bordering on the Caribbean Sea.
    (c) As used in subchapter III of this chapter--
    (1) The term ``child'' means an unmarried person under twenty-one 
years of age and includes a child legitimated under the law of the 
child's residence or domicile, or under the law of the father's 
residence or domicile, whether in the United States or elsewhere, and, 
except as otherwise provided in sections 1431 and 1432 \6\ of this 
title, a child adopted in the United States, if such legitimation or 
adoption takes place before the child reaches the age of 16 years 
(except to the extent that the child is described in subparagraph 
(E)(ii) or (F)(ii) of subsection (b)(1) of this section), and the child 
is in the legal custody of the legitimating or adopting parent or 
parents at the time of such legitimation or adoption.
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    \6\ See References in Text note below.
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    (2) The terms ``parent'', ``father'', and ``mother'' include in the 
case of a posthumous child a deceased parent, father, and mother.
    (d) Repealed. Pub. L. 100-525, Sec. 9(a)(3), Oct. 24, 1988, 102 
Stat. 2619.
    (e) For the purposes of this chapter--
    (1) The giving, loaning, or promising of support or of money or any 
other thing of value to be used for advocating any doctrine shall 
constitute the advocating of such doctrine; but nothing in this 
paragraph shall be construed as an exclusive definition of advocating.
    (2) The giving, loaning, or promising of support or of money or any 
other thing of value for any purpose to any organization shall be 
presumed to constitute affiliation therewith; but nothing in this 
paragraph shall be construed as an exclusive definition of affiliation.
    (3) Advocating the economic, international, and governmental 
doctrines of world communism means advocating the establishment of a 
totalitarian Communist dictatorship in any or all of the countries of 
the world through the medium of an internationally coordinated Communist 
movement.
    (f) For the purposes of this chapter--
    No person shall be regarded as, or found to be, a person of good 
moral character who, during the period for which good moral character is 
required to be established is, or was--
        (1) a habitual drunkard;
        (2) Repealed. Pub. L. 97-116, Sec. 2(c)(1), Dec. 29, 1981, 95 
    Stat. 1611.
        (3) a member of one or more of the classes of persons, whether 
    inadmissible or not, described in paragraphs (2)(D), (6)(E), and 
    (9)(A) of section 1182(a) of this title; or subparagraphs (A) and 
    (B) of section 1182(a)(2) of this title and subparagraph (C) thereof 
    of such section \7\ (except as such paragraph relates to a single 
    offense of simple possession of 30 grams or less of marihuana), if 
    the offense described therein, for which such person was convicted 
    or of which he admits the commission, was committed during such 
    period;
---------------------------------------------------------------------------
    \7\ So in original. The phrase ``of such section'' probably should 
not appear.
---------------------------------------------------------------------------
        (4) one whose income is derived principally from illegal 
    gambling activities;
        (5) one who has been convicted of two or more gambling offenses 
    committed during such period;
        (6) one who has given false testimony for the purpose of 
    obtaining any benefits under this chapter;
        (7) one who during such period has been confined, as a result of 
    conviction, to a penal institution for an aggregate period of one 
    hundred and eighty days or more, regardless of whether the offense, 
    or offenses, for which he has been confined were committed within or 
    without such period;
        (8) one who at any time has been convicted of an aggravated 
    felony (as defined in subsection (a)(43) of this section).

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

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

(June 27, 1952, ch. 477, title I, Sec. 101, 66 Stat. 166; Pub. L. 85-
316, Secs. 1, 2, Sept. 11, 1957, 71 Stat. 639; Pub. L. 85-508, Sec. 22, 
July 7, 1958, 72 Stat. 351; Pub. L. 86-3, Sec. 20(a), Mar. 18, 1959, 73 
Stat. 13; Pub. L. 87-256, Sec. 109(a), (b), Sept. 21, 1961, 75 Stat. 
534; Pub. L. 87-301, Secs. 1, 2, 7, Sept. 26, 1961, 75 Stat. 650, 653; 
Pub. L. 89-236, Secs. 8, 24, Oct. 3, 1965, 79 Stat. 916, 922; Pub. L. 
89-710, Nov. 2, 1966, 80 Stat. 1104; Pub. L. 91-225, Sec. 1, Apr. 7, 
1970, 84 Stat. 116; Pub. L. 94-155, Dec. 16, 1975, 89 Stat. 824; Pub. L. 
94-484, title VI, Sec. 601(b), (e), Oct. 12, 1976, 90 Stat. 2301, 2302; 
Pub. L. 94-571, Sec. 7(a), Oct. 20, 1976, 90 Stat. 2706; Pub. L. 94-484, 
title VI, Sec. 602(c), Oct. 12, 1976, as added Pub. L. 95-83, title III, 
Sec. 307(q)(3), Aug. 1, 1977, 91 Stat. 395; Pub. L. 95-105, title I, 
Sec. 109(b)(3), Aug. 17, 1977, 91 Stat. 847; Pub. L. 96-70, title III, 
Sec. 3201(a), Sept. 27, 1979, 93 Stat. 496; Pub. L. 96-212, title II, 
Sec. 201(a), Mar. 17, 1980, 94 Stat. 102; Pub. L. 97-116, Secs. 2, 
5(d)(1), 18(a), Dec. 29, 1981, 95 Stat. 1611, 1614, 1619; Priv. L. 98-
47, Sec. 3, Oct. 30, 1984, 98 Stat. 3435; Pub. L. 99-505, Sec. 1, Oct. 
21, 1986, 100 Stat. 1806; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 
Stat. 2095; Pub. L. 99-603, title III, Secs. 301(a), 312, 315(a), Nov. 
6, 1986, 100 Stat. 3411, 3434, 3439; Pub. L. 99-653, Secs. 2, 3, Nov. 
14, 1986, 100 Stat. 3655; Pub. L. 100-459, title II, Sec. 210(a), Oct. 
1, 1988, 102 Stat. 2203; Pub. L. 100-525, Secs. 2(o)(1), 8(b), 9(a), 
Oct. 24, 1988, 102 Stat. 2613, 2617, 2619; Pub. L. 100-690, title VII, 
Sec. 7342, Nov. 18, 1988, 102 Stat. 4469; Pub. L. 101-162, title VI, 
Sec. 611(a), Nov. 21, 1989, 103 Stat. 1038; Pub. L. 101-238, Sec. 3(a), 
Dec. 18, 1989, 103 Stat. 2100; Pub. L. 101-246, title I, Sec. 131(b), 
Feb. 16, 1990, 104 Stat. 31; Pub. L. 101-649, title I, Secs. 123, 
151(a), 153(a), 162(f)(2)(A), title II, Secs. 203(c), 204(a), (c), 
205(c)(1), (d), (e), 206(c), 207(a), 208, 209(a), title IV, 
Sec. 407(a)(2), title V, Secs. 501(a), 509(a), title VI, Sec. 603(a)(1), 
Nov. 29, 1990, 104 Stat. 4995, 5004, 5005, 5012, 5018-5020, 5022, 5023, 
5026, 5027, 5040, 5048, 5051, 5082; Pub. L. 102-110, Sec. 2(a), Oct. 1, 
1991, 105 Stat. 555; Pub. L. 102-232, title II, Secs. 203(a), 205(a)-
(c), 206(b), (c)(1), (d), 207(b), title III, Secs. 302(e)(8)(A), 
303(a)(5)(A), (7)(A), (14), 305(m)(1), 306(a)(1), 309(b)(1), (4), Dec. 
12, 1991, 105 Stat. 1737, 1740, 1741, 1746-1748, 1750, 1751, 1758; Pub. 
L. 103-236, title I, Sec. 162(h)(1), Apr. 30, 1994, 108 Stat. 407; Pub. 
L. 103-322, title XIII, Sec. 130003(a), Sept. 13, 1994, 108 Stat. 2024; 
Pub. L. 103-337, div. C, title XXXVI, Sec. 3605, Oct. 5, 1994, 108 Stat. 
3113; Pub. L. 103-416, title II, Secs. 201, 202, 214, 219(a), 222(a), 
Oct. 25, 1994, 108 Stat. 4310, 4311, 4314, 4316, 4320; Pub. L. 104-51, 
Sec. 1, Nov. 15, 1995, 109 Stat. 467; Pub. L. 104-132, title IV, 
Sec. 440(b), (e), Apr. 24, 1996, 110 Stat. 1277; Pub. L. 104-208, div. 
C, title I, Sec. 104(a), title III, Secs. 301(a), 308(d)(3)(A), (4)(A), 
(e)(3), (f)(1)(A), (B), 321(a), (b), 322(a)(1), (2)(A), 361(a), 371(a), 
title VI, Secs. 601(a)(1), 625(a)(2), 671(a)(3)(B), (b)(5), (e)(2), 
Sept. 30, 1996, 110 Stat. 3009-555, 3009-575, 3009-617, 3009-620, 3009-
621, 3009-627 to 3009-629, 3009-644, 3009-645, 3009-689, 3009-700, 3009-
721 to 3009-723; Pub. L. 105-54, Sec. 1(a), Oct. 6, 1997, 111 Stat. 
1175; Pub. L. 105-119, title I, Sec. 113, Nov. 26, 1997, 111 Stat. 2460; 
Pub. L. 105-277, div. C, title IV, Sec. 421, div. G, title XXII, 
Sec. 2222(e), Oct. 21, 1998, 112 Stat. 2681-657, 2681-819; Pub. L. 105-
319, Sec. 2(b)(1), (d)(2), Oct. 30, 1998, 112 Stat. 3014, 3015; Pub. L. 
106-95, Sec. 2(a), (c), Nov. 12, 1999, 113 Stat. 1312, 1316; Pub. L. 
106-139, Sec. 1(a), (b)(1), Dec. 7, 1999, 113 Stat. 1696; Pub. L. 106-
279, title III, Sec. 302(a), (c), Oct. 6, 2000, 114 Stat. 838, 839; Pub. 
L. 106-386, div. A, Sec. 107(e)(1), (4), div. B, title V, Secs. 1503(a), 
Sec. 1513(b), Oct. 28, 2000, 114 Stat. 1477, 1479, 1518, 1534; Pub. L. 
106-395, title II, Sec. 201(a)(1), Oct. 30, 2000, 114 Stat. 1633; Pub. 
L. 106-409, Sec. 2(a), Nov. 1, 2000, 114 Stat. 1787; Pub. L. 106-536, 
Sec. 1(a), Nov. 22, 2000, 114 Stat. 2560; Pub. L. 106-553, Sec. 1(a)(2) 
[title XI, Secs. 1102(a), 1103(a)], Dec. 21, 2000, 114 Stat. 2762, 
2762A-142, 2762A-144.)

                       Amendment of Subsection (b)

        Pub. L. 106-279, title III, Secs. 302(a), (c), 505(a)(2), (b), 
    Oct. 6, 2000, 114 Stat. 838, 839, 844, provided that, effective upon 
    entry into force for the United States of the Convention on 
    Protection of Children and Co-operation in Respect of Intercountry 
    Adoption, pursuant to Article 46(2)(a) of the Convention, with 
    transition rule, subsection (b) is amended as follows:
        In paragraph (1), by striking ``or'' at the end of subparagraph 
    (E), by striking the period at the end of subparagraph (F) and 
    inserting ``; or'', and by adding after subparagraph (F) the 
    following new subparagraph:

        (G) a child, under the age of sixteen at the time a petition is 
    filed on the child's behalf to accord a classification as an 
    immediate relative under section 1151(b) of this title, who has been 
    adopted in a foreign state that is a party to the Convention on 
    Protection of Children and Co-operation in Respect of Intercountry 
    Adoption done at The Hague on May 29, 1993, or who is emigrating 
    from such a foreign state to be adopted in the United States, by a 
    United States citizen and spouse jointly, or by an unmarried United 
    States citizen at least 25 years of age--
            (i) if--
                (I) the Attorney General is satisfied that proper care 
            will be furnished the child if admitted to the United 
            States;
                (II) the child's natural parents (or parent, in the case 
            of a child who has one sole or surviving parent because of 
            the death or disappearance of, abandonment or desertion by, 
            the other parent), or other persons or institutions that 
            retain legal custody of the child, have freely given their 
            written irrevocable consent to the termination of their 
            legal relationship with the child, and to the child's 
            emigration and adoption;
                (III) in the case of a child having two living natural 
            parents, the natural parents are incapable of providing 
            proper care for the child;
                (IV) the Attorney General is satisfied that the purpose 
            of the adoption is to form a bona fide parent-child 
            relationship, and the parent-child relationship of the child 
            and the natural parents has been terminated (and in carrying 
            out both obligations under this subclause the Attorney 
            General may consider whether there is a petition pending to 
            confer immigrant status on one or both of such natural 
            parents); and
                (V) in the case of a child who has not been adopted--
                    (aa) the competent authority of the foreign state 
                has approved the child's emigration to the United States 
                for the purpose of adoption by the prospective adoptive 
                parent or parents; and
                    (bb) the prospective adoptive parent or parents has 
                or have complied with any pre-adoption requirements of 
                the child's proposed residence; and

            (ii) except that no natural parent or prior adoptive parent 
        of any such child shall thereafter, by virtue of such parentage, 
        be accorded any right, privilege, or status under this chapter.

        In paragraph (2), by inserting ``and paragraph (1)(G)(i)'' after 
    ``second proviso therein)''.

                   Amendment of Subsection (a)(15)(Q)

        Pub. L. 105-319, Sec. 2(d)(2), Oct. 30, 1998, 112 Stat. 3015, 
    provided that, effective Oct. 1, 2005, subsection (a)(15)(Q) is 
    amended by striking ``or'' at the end of clause (i), by striking 
    ``(i)'' after ``(Q)'', and by striking clause (ii).

                       References in Text

    This chapter, referred to in subsecs. (a), (b)(1)(E), (F), (4), and 
(e)-(g), was in the original, ``this Act'', meaning act June 27, 1952, 
ch. 477, 66 Stat. 163, as amended, known as the Immigration and 
Nationality Act, which is classified principally to this chapter. For 
complete classification of this Act to the Code, see Short Title note 
set out below and Tables.
    The Headquarters Agreement with the United Nations (61 Stat. 758), 
referred to in subsec. (a)(15)(C), is set out as a note under section 
287 of Title 22, Foreign Relations and Intercourse.
    Section 1184(l) of this title, referred to in subsec. (a)(15)(F)(i), 
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 International Organizations Immunities Act (59 Stat. 669), 
referred to in subsec. (a)(15)(G)(i), is act Dec. 29, 1945, ch. 652, 
title I, 59 Stat. 669, as amended, which is classified principally to 
subchapter XVIII (Sec. 288 et seq.) of chapter 7 of Title 22, Foreign 
Relations and Intercourse. For complete classification of this Act to 
the Code, see Short Title note set out under section 288 of Title 22 and 
Tables.
    Section 2(a) of the Irish Peace Process Cultural and Training 
Program Act of 1998, referred to in subsec. (a)(15)(Q)(ii)(I), is 
section 2(a) of Pub. L. 105-319, which is set out in a note below.
    Section 1184(o) of this title, referred to in subsec. (a)(15)(U), 
probably means the subsec. (o) of section 1184 which relates to 
requirements applicable to subsec. (a)(15)(U) of this section and was 
added by Pub. L. 106-386, div. B. title V, Sec. 1513(c), Oct. 28, 2000, 
114 Stat. 1535.
    Section 1184(o) of this title, referred to in subsec. (a)(15)(V), 
probably means the subsec. (o) of section 1184 which relates to 
employment of nonimmigrants described in subsec. (a)(15)(V) of this 
section and was added by Pub. L. 106-553, Sec. 1(a)(2) [title XI, 
Sec. 1102(b)], Dec. 21, 2000, 114 Stat. 2762, 2762A-142.
    Section 3(a) of the Selective Training and Service Act of 1940, as 
amended (54 Stat. 885; 55 Stat. 844), referred to in subsec. (a)(19), 
was classified to section 303 of Title 50, Appendix, War and National 
Defense, and was omitted from the Code as obsolete.
    The Selective Service Act of 1948, referred to in subsec. (a)(19), 
was redesignated the Universal Military Training and Service Act by act 
June 19, 1951, 65 Stat. 75, and then redesignated the Military Selective 
Service Act of 1967 by act June 30, 1967, Pub. L. 90-40, 81 Stat. 100, 
and subsequently redesignated the Military Selective Service Act by Pub. 
L. 92-129, title I, Sec. 101(a)(1), Sept. 28, 1971, 85 Stat. 348.
    The Immigration Technical Corrections Act of 1988, referred to in 
subsec. (a)(27)(L)(iii), is Pub. L. 100-525, Oct. 24, 1988, 102 Stat. 
2609, as amended. For complete classification of this Act to the Code, 
see Short Title of 1988 Amendments note set out below and Tables.
    The Immigration and Nationality Technical Corrections Act of 1994, 
referred to in subsec. (a)(27)(L)(iii), is Pub. L. 103-416, Oct. 25, 
1994, 108 Stat. 4305, as amended. For complete classification of this 
Act to the Code, see Short Title of 1994 Amendment note set out below 
and Tables.
    The American Competitiveness and Workforce Improvement Act of 1998, 
referred to in subsec. (a)(27)(L)(iii), is Pub. L. 105-277, div. C, 
title IV, Oct. 21, 1998, 112 Stat. 2681-641. For complete classification 
of this Act to the Code, see Short Title of 1998 Amendment note set out 
below and Tables.
    Section 1432 of this title, referred to in subsec. (c)(1), was 
repealed by Pub. L. 106-395, title I, Sec. 103(a), Oct. 30, 2000, 114 
Stat. 1632.

                          Codification

    September 30, 1996, referred to in the concluding provisions of 
subsec. (a)(43), was in the original ``the date of enactment of this 
paragraph'', which was translated as meaning the date of enactment of 
section 321(b) of Pub. L. 104-208, which inserted that language, to 
reflect the probable intent of Congress.


                               Amendments

    2000--Subsec. (a)(15)(K). Pub. L. 106-553, Sec. 1(a)(2) [title XI, 
Sec. 1103(a)], amended subpar. (K) generally. Prior to amendment, 
subpar. (K) read as follows: ``an alien who is the fiancee or fiance of 
a citizen of the United States and who seeks to enter the United States 
solely to conclude a valid marriage with the petitioner within ninety 
days after admission, and the minor children of such fiancee or fiance 
accompanying him or following to join him;''.
    Subsec. (a)(15)(T). Pub. L. 106-386, Sec. 107(e)(1), added subpar. 
(T).
    Subsec. (a)(15)(U). Pub. L. 106-386, Sec. 1513(b), added subpar. 
(U).
    Subsec. (a)(15)(V). Pub. L. 106-553, Sec. 1(a)(2) [title XI, 
Sec. 1102(a)], added subpar. (V).
    Subsec. (a)(27)(C)(ii)(II), (III). Pub. L. 106-409 substituted 
``2003,'' for ``2000,''.
    Subsec. (a)(27)(M). Pub. L. 106-536 added subpar. (M).
    Subsec. (a)(50). Pub. L. 106-386, Sec. 1503(a), added par. (50).
    Subsec. (f). Pub. L. 106-395 inserted at end: ``In the case of an 
alien who makes a false statement or claim of citizenship, or who 
registers to vote or votes in a Federal, State, or local election 
(including an initiative, recall, or referendum) in violation of a 
lawful restriction of such registration or voting to citizens, if each 
natural parent of the alien (or, in the case of an adopted alien, each 
adoptive parent of the alien) is or was a citizen (whether by birth or 
naturalization), the alien permanently resided in the United States 
prior to attaining the age of 16, and the alien reasonably believed at 
the time of such statement, claim, or violation that he or she was a 
citizen, no finding that the alien is, or was, not of good moral 
character may be made based on it.''
    Subsec. (i). Pub. L. 106-386, Sec. 107(e)(4), added subsec. (i).
    1999--Subsec. (a)(15)(H)(i)(a). Pub. L. 106-95, Sec. 2(c), struck 
out subcl. (a) which read as follows: ``who is coming temporarily to the 
United States to perform services as a registered nurse, who meets the 
qualifications described in section 1182(m)(1) of this title, and with 
respect to whom the Secretary of Labor determines and certifies to the 
Attorney General that an unexpired attestation is on file and in effect 
under section 1182(m)(2) of this title for each facility (which facility 
shall include the petitioner and each worksite, other than a private 
household worksite, if the worksite is not the alien's employer or 
controlled by the employer) for which the alien will perform the 
services, or''.
    Subsec. (a)(15)(H)(i)(c). Pub. L. 106-95, Sec. 2(a), added subcl. 
(c).
    Subsec. (b)(1)(E). Pub. L. 106-139, Sec. 1(a)(1), designated 
existing provisions as cl. (i) and added cl. (ii).
    Subsec. (b)(1)(F). Pub. L. 106-139, Sec. 1(a)(2), designated 
existing provisions as cl. (i), substituted ``; or'' for period at end, 
and added cl. (ii).
    Subsec. (c)(1). Pub. L. 106-139, Sec. 1(b)(1), substituted ``16 
years (except to the extent that the child is described in subparagraph 
(E)(ii) or (F)(ii) of subsection (b)(1) of this section),'' for 
``sixteen years,''.
    1998--Subsec. (a)(9). Pub. L. 105-277, Sec. 2222(e), inserted ``or 
employee'' after ``other officer'' and ``or, when used in subchapter III 
of this chapter, for the purpose of adjudicating nationality'' before 
period at end.
    Subsec. (a)(15)(N). Pub. L. 105-277, Sec. 421(b), inserted ``(or 
under analogous authority under paragraph (27)(L))'' after 
``(27)(I)(i)'' in cl. (i) and after ``(27)(I)'' in cl. (ii).
    Subsec. (a)(15)(Q). Pub. L. 105-319, Sec. 2(b)(1), designated 
existing provisions as cl. (i) and added cl. (ii).
    Subsec. (a)(27)(L). Pub. L. 105-277, Sec. 421(a), added subpar. (L).
    1997--Subsec. (a)(27)(C)(ii)(II), (III). Pub. L. 105-54 substituted 
``2000'' for ``1997''.
    Subsec. (a)(27)(J). Pub. L. 105-119 amended subpar. (J) generally. 
Prior to amendment, subpar. (J) read as follows: ``an immigrant (i) who 
has been declared dependent on a juvenile court located in the United 
States or whom such a court has legally committed to, or placed under 
the custody of, an agency or department of a State and who has been 
deemed eligible by that court for long-term foster care, and (ii) for 
whom it has been determined in administrative or judicial proceedings 
that it would not be in the alien's best interest to be returned to the 
alien's or parent's previous country of nationality or country of last 
habitual residence; except that no natural parent or prior adoptive 
parent of any alien provided special immigrant status under this 
subparagraph shall thereafter, by virtue of such parentage, be accorded 
any right, privilege, or status under this chapter; or''.
    1996--Subsec. (a)(6). Pub. L. 104-208, Sec. 104(a), inserted at end 
``Such regulations shall provide that (A) each such document include a 
biometric identifier (such as the fingerprint or handprint of the alien) 
that is machine readable and (B) an alien presenting a border crossing 
identification card is not permitted to cross over the border into the 
United States unless the biometric identifier contained on the card 
matches the appropriate biometric characteristic of the alien.''
    Subsec. (a)(13). Pub. L. 104-208, Sec. 301(a), amended par. (13) 
generally. Prior to amendment, par. (13) read as follows: ``The term 
`entry' means any coming of an alien into the United States, from a 
foreign port or place or from an outlying possession, whether 
voluntarily or otherwise, except that an alien having a lawful permanent 
residence in the United States shall not be regarded as making an entry 
into the United States for the purposes of the immigration laws if the 
alien proves to the satisfaction of the Attorney General that his 
departure to a foreign port or place or to an outlying possession was 
not intended or reasonably to be expected by him or his presence in a 
foreign port or place or in an outlying possession was not voluntary: 
Provided, That no person whose departure from the United States was 
occasioned by deportation proceedings, extradition, or other legal 
process shall be held to be entitled to such exception.''
    Subsec. (a)(15)(F)(i). Pub. L. 104-208, Sec. 625(a)(2), inserted 
``consistent with section 1184(l) of this title'' after ``such a course 
of study''.
    Subsec. (a)(15)(K). Pub. L. 104-208, Sec. 308(f)(1)(A), substituted 
``admission'' for ``entry''.
    Subsec. (a)(15)(S). Pub. L. 104-208, Sec. 671(a)(3)(B), substituted 
``section 1184(k)'' for ``section 1184(j)'' in introductory provisions.
    Subsec. (a)(17). Pub. L. 104-208, Sec. 308(d)(4)(A), substituted 
``expulsion, or removal'' for ``or expulsion''.
    Subsec. (a)(30). Pub. L. 104-208, Sec. 308(f)(1)(B), substituted 
``admission'' for ``entry''.
    Subsec. (a)(42). Pub. L. 104-208, Sec. 601(a)(1), inserted at end 
``For purposes of determinations under this chapter, a person who has 
been forced to abort a pregnancy or to undergo involuntary 
sterilization, or who has been persecuted for failure or refusal to 
undergo such a procedure or for other resistance to a coercive 
population control program, shall be deemed to have been persecuted on 
account of political opinion, and a person who has a well founded fear 
that he or she will be forced to undergo such a procedure or subject to 
persecution for such failure, refusal, or resistance shall be deemed to 
have a well founded fear of persecution on account of political 
opinion.''
    Subsec. (a)(43). Pub. L. 104-208, Sec. 321(b), inserted at end of 
concluding provisions ``Notwithstanding any other provision of law 
(including any effective date), the term applies regardless of whether 
the conviction was entered before, on, or after September 30, 1996.''
    Subsec. (a)(43)(A). Pub. L. 104-208, Sec. 321(a)(1), inserted ``, 
rape, or sexual abuse of a minor'' after ``murder''.
    Subsec. (a)(43)(D). Pub. L. 104-208, Sec. 321(a)(2), substituted 
``$10,000'' for ``$100,000''.
    Subsec. (a)(43)(F). Pub. L. 104-208, Sec. 322(a)(2)(A), struck out 
``imposed (regardless of any suspension of imprisonment)'' after ``term 
of imprisonment''.
    Pub. L. 104-208, Sec. 321(a)(3), substituted ``at least one year'' 
for ``is at least 5 years''.
    Subsec. (a)(43)(G). Pub. L. 104-208, Sec. 322(a)(2)(A), which 
directed amendment of subpar. (G) by striking out ``imposed (regardless 
of any suspension of imprisonment)'', was executed by striking out 
``imposed (regardless of any suspension of such imprisonment)'' after 
``term of imprisonment'' to reflect the probable intent of Congress.
    Pub. L. 104-208, Sec. 321(a)(3), substituted ``at least one year'' 
for ``is at least 5 years''.
    Subsec. (a)(43)(J). Pub. L. 104-208, Sec. 321(a)(4), substituted 
``sentence of one year imprisonment'' for ``sentence of 5 years' 
imprisonment''.
    Pub. L. 104-132, Sec. 440(e)(1), inserted ``, or an offense 
described in section 1084 (if it is a second or subsequent offense) or 
1955 of that title (relating to gambling offenses),'' after ``corrupt 
organizations)''.
    Subsec. (a)(43)(K)(i). Pub. L. 104-132, Sec. 440(e)(2)(A), struck 
out ``or'' at end.
    Subsec. (a)(43)(K)(ii). Pub. L. 104-208, Sec. 671(b)(5), struck out 
comma after ``1588''.
    Pub. L. 104-208, Sec. 321(a)(5), inserted ``if committed'' before 
``for commercial advantage''.
    Pub. L. 104-132, Sec. 440(e)(2)(C), added cl. (ii). Former cl. (ii) 
redesignated (iii).
    Subsec. (a)(43)(K)(iii). Pub. L. 104-132, Sec. 440(e)(2)(B), 
redesignated cl. (ii) as (iii).
    Subsec. (a)(43)(L)(iii). Pub. L. 104-208, Sec. 321(a)(6), added cl. 
(iii).
    Subsec. (a)(43)(M). Pub. L. 104-208, Sec. 321(a)(7), substituted 
``$10,000'' for ``$200,000'' in cls. (i) and (ii).
    Subsec. (a)(43)(N). Pub. L. 104-208, Sec. 322(a)(2)(A), which 
directed amendment of subpar. (N) by striking ``imposed (regardless of 
any suspension of imprisonment)'', could not be executed because that 
phrase did not appear subsequent to amendment by Pub. L. 104-208, 
Sec. 321(a)(8). See below.
    Pub. L. 104-208, Sec. 321(a)(8), substituted ``, except in the case 
of a first offense for which the alien has affirmatively shown that the 
alien committed the offense for the purpose of assisting, abetting, or 
aiding only the alien's spouse, child, or parent (and no other 
individual) to violate a provision of this chapter'' for ``for which the 
term of imprisonment imposed (regardless of any suspension of 
imprisonment) at least one year;''.
    Pub. L. 104-208, Sec. 321(a)(3), substituted ``at least one year'' 
for ``is at least 5 years''.
    Pub. L. 104-132, Sec. 440(e)(3), amended subpar. (N) generally. 
Prior to amendment, subpar. (N) read as follows: ``an offense described 
in section 274(a)(1) of title 18, United States Code (relating to alien 
smuggling) for the purpose of commercial advantage;''.
    Subsec. (a)(43)(O). Pub. L. 104-132, Sec. 440(e)(7), added subpar. 
(O).
    Pub. L. 104-132, Sec. 440(e)(6), redesignated subpar. (O) as (P).
    Pub. L. 104-132, Sec. 440(e)(4), amended subpar. (O) generally. 
Prior to amendment subpar. (O) read as follows: ``an offense described 
in section 1546(a) of title 18 (relating to document fraud) which 
constitutes trafficking in the documents described in such section for 
which the term of imprisonment imposed (regardless of any suspicion of 
such imprisonment) is at least 5 years;''.
    Subsec. (a)(43)(P). Pub. L. 104-208, Sec. 322(a)(2)(A), which 
directed amendment of subpar. (P) by striking out ``imposed (regardless 
of any suspension of imprisonment)'', was executed by striking out 
``imposed (regardless of any suspension of such imprisonment)'' after 
``term of imprisonment'' to reflect the probable intent of Congress.
    Pub. L. 104-208, Sec. 321(a)(9), substituted ``12 months, except in 
the case of a first offense for which the alien has affirmatively shown 
that the alien committed the offense for the purpose of assisting, 
abetting, or aiding only the alien's spouse, child, or parent (and no 
other individual) to violate a provision of this chapter'' for ``18 
months''.
    Pub. L. 104-208, Sec. 321(a)(3), which directed amendment of subpar. 
(P) by substituting ``at least one year'' for ``is at least 5 years'', 
could not be executed because ``is at least 5 years'' did not appear 
subsequent to amendments by Pub. L. 104-132, Sec. 440(e)(4), (6). See 
above.
    Pub. L. 104-132, Sec. 440(e)(6), redesignated subpar. (O) as (P). 
Former subpar. (P) redesignated (Q).
    Pub. L. 104-132, Sec. 440(e)(5), substituted ``5 years or more;'' 
for ``15 years or more; and''.
    Subsec. (a)(43)(Q). Pub. L. 104-132, Sec. 440(e)(6), redesignated 
subpar. (P) as (Q). Former subpar. (Q) redesignated (U).
    Subsec. (a)(43)(R). Pub. L. 104-208, Sec. 321(a)(10), substituted 
``for which the term of imprisonment is at least one year'' for ``for 
which a sentence of 5 years' imprisonment or more may be imposed''.
    Pub. L. 104-132, Sec. 440(e)(8), added subpar. (R).
    Subsec. (a)(43)(S). Pub. L. 104-208, Sec. 321(a)(11), substituted 
``for which the term of imprisonment is at least one year'' for ``for 
which a sentence of 5 years' imprisonment or more may be imposed''.
    Pub. L. 104-132, Sec. 440(e)(8), added subpar. (S).
    Subsec. (a)(43)(T). Pub. L. 104-132, Sec. 440(e)(8), added subpar. 
(T).
    Subsec. (a)(43)(U). Pub. L. 104-132, Sec. 440(e)(6), redesignated 
subpar. (Q) as (U).
    Subsec. (a)(47). Pub. L. 104-132, Sec. 440(b), added par. (47).
    Subsec. (a)(48). Pub. L. 104-208, Sec. 322(a)(1), added par. (48).
    Subsec. (a)(49). Pub. L. 104-208, Sec. 361(a), added par. (49).
    Subsec. (b)(4). Pub. L. 104-208, Sec. 371(a), amended par. (4) 
generally. Prior to amendment, par. (4) read as follows: ``The term 
`special inquiry officer' means any immigration officer who the Attorney 
General deems specially qualified to conduct specified classes of 
proceedings, in whole or in part, required by this chapter to be 
conducted by or before a special inquiry officer and who is designated 
and selected by the Attorney General, individually or by regulation, to 
conduct such proceedings. Such special inquiry officer shall be subject 
to such supervision and shall perform such duties, not inconsistent with 
this chapter, as the Attorney General shall prescribe.''
    Subsec. (c)(1). Pub. L. 104-208, Sec. 671(e)(2), substituted ``and 
1432'' for ``, 1432, and 1433''.
    Subsec. (f)(3). Pub. L. 104-208, Sec. 308(d)(3)(A), substituted 
``inadmissible'' for ``excludable''.
    Subsec. (g). Pub. L. 104-208, Sec. 308(e)(3), substituted ``deported 
or removed'' for ``deported'' in two places.
    1995--Subsec. (b)(1)(A). Pub. L. 104-51, Sec. 1(1)(A), substituted 
``child born in wedlock'' for ``legitimate child''.
    Subsec. (b)(1)(D). Pub. L. 104-51, Sec. 1(1)(B), substituted ``a 
child born out of wedlock'' for ``an illegitimate child''.
    Subsec. (b)(2). Pub. L. 104-51, Sec. 1(2) substituted ``a child born 
out of wedlock'' for ``an illegitimate child''.
    1994--Subsec. (a)(1). Pub. L. 103-236 substituted ``official 
designated by the Secretary of State pursuant to section 1104(b) of this 
title'' for ``Assistant Secretary of State for Consular Affairs''.
    Subsec. (a)(15)(S). Pub. L. 103-322 added subpar. (S).
    Subsec. (a)(27)(C)(ii)(II), (III). Pub. L. 103-416, Sec. 214, 
substituted ``1997,'' for ``1994,''.
    Subsec. (a)(27)(D). Pub. L. 103-416, Sec. 201, inserted ``or of the 
American Institute in Taiwan,'' after ``Government abroad,'' and ``(or, 
in the case of the American Institute in Taiwan, the Director thereof)'' 
after ``Service establishment''.
    Subsec. (a)(27)(F)(ii). Pub. L. 103-337 inserted ``or continues to 
be employed by the United States Government in an area of the former 
Canal Zone'' after ``employment''.
    Subsec. (a)(27)(I)(iii)(II). Pub. L. 103-416, Sec. 202, added subcl. 
(II) and struck out former subcl. (II) which read as follows: ``files a 
petition for status under this subparagraph before January 1, 1993, and 
no later than six months after the date of such retirement or six months 
after October 24, 1988, whichever is later; or''.
    Subsec. (a)(27)(J)(i). Pub. L. 103-416, Sec. 219(a), substituted 
``or whom such a court has legally committed to, or placed under the 
custody of, an agency or department of a State and who has'' for ``and 
has'' before ``been deemed''.
    Subsec. (a)(43). Pub. L. 103-416, Sec. 222(a), amended par. (43) 
generally. Prior to amendment, par. (43) read as follows: ``The term 
`aggravated felony' means murder, any illicit trafficking in any 
controlled substance (as defined in section 802 of title 21), including 
any drug trafficking crime as defined in section 924(c)(2) of title 18, 
or any illicit trafficking in any firearms or destructive devices as 
defined in section 921 of such title, any offense described in section 
1956 of title 18 (relating to laundering of monetary instruments), or 
any crime of violence (as defined in section 16 of title 18, not 
including a purely political offense) for which the term of imprisonment 
imposed (regardless of any suspension of such imprisonment) is at least 
5 years, or any attempt or conspiracy to commit any such act. Such term 
applies to offenses described in the previous sentence whether in 
violation of Federal or State law and also applies to offenses described 
in the previous sentence in violation of foreign law for which the term 
of imprisonment was completed within the previous 15 years.''
    1991--Subsec. (a)(15)(D)(i). Pub. L. 102-232, Sec. 309(b)(1), 
inserted a comma after ``States)''.
    Subsec. (a)(15)(H)(i)(b). Pub. L. 102-232, Sec. 303(a)(7)(A), struck 
out ``, and had approved by,'' after ``has filed with''.
    Pub. L. 102-232, Sec. 303(a)(5)(A), inserted ``subject to section 
1182(j)(2) of this title,'' after ``or (b)''.
    Pub. L. 102-232, Sec. 207(b), inserted ``or as a fashion model'' 
after ``section 1184(i)(1) of this title'' and ``or, in the case of a 
fashion model, is of distinguished merit and ability'' after ``section 
1184(i)(2) of this title''.
    Subsec. (a)(15)(O)(i). Pub. L. 102-232, Sec. 205(b), struck out 
before semicolon at end ``, but only if the Attorney General determines 
that the alien's entry into the United States will substantially benefit 
prospectively the United States''.
    Subsec. (a)(15)(O)(ii)(III)(b). Pub. L. 102-232, Sec. 205(c), 
substituted ``significant production (including pre- and post-production 
work)'' for ``significant principal photography''.
    Subsec. (a)(15)(P)(i). Pub. L. 102-232, Sec. 203(a), amended cl. (i) 
generally. Prior to amendment, cl. (i) read as follows:
    ``(I) performs as an athlete, individually or as part of a group or 
team, at an internationally recognized level of performance, or performs 
as part of an entertainment group that has been recognized 
internationally as being outstanding in the discipline for a sustained 
and substantial period of time and has had a sustained and substantial 
relationship with that group over a period of at least 1 year and 
provides functions integral to the performance of the group, and
    ``(II) seeks to enter the United States temporarily and solely for 
the purpose of performing as such an athlete or entertainer with respect 
to a specific athletic competition or performance;''.
    Subsec. (a)(15)(P)(ii)(II). Pub. L. 102-232, Sec. 206(b), (c)(1), 
inserted ``or organizations'' after ``and an organization'' and struck 
out before semicolon at end ``, between the United States and the 
foreign states involved''.
    Subsec. (a)(15)(P)(iii)(II). Pub. L. 102-232, Sec. 206(d), 
substituted ``to perform, teach, or coach'' for ``for the purpose of 
performing'' and inserted ``commercial or noncommercial'' before 
``program''.
    Subsec. (a)(15)(Q). Pub. L. 102-232, Sec. 303(a)(14), substituted 
``approved'' for ``designated''.
    Subsec. (a)(24). Pub. L. 102-232, Sec. 305(m)(1), struck out par. 
(24) which defined ``naturalization court''.
    Subsec. (a)(27)(I)(ii)(II), (iii)(II). Pub. L. 102-232, 
Sec. 302(e)(8)(A), substituted ``files a petition for status'' for 
``applies for a visa or adjustment of status''.
    Subsec. (a)(27)(K). Pub. L. 102-110 added subpar. (K).
    Subsec. (a)(43). Pub. L. 102-232, Sec. 306(a)(1), struck out comma 
before period at end of first sentence.
    Subsec. (a)(46). Pub. L. 102-232, Sec. 205(a), added par. (46).
    Subsec. (c)(1). Pub. L. 102-232, Sec. 309(b)(4), struck out 
reference to section 1434.
    1990--Subsec. (a)(15)(D)(i). Pub. L. 101-649, Sec. 203(c), 
substituted ``a capacity'' for ``any capacity'' and inserted ``, as 
defined in section 1288(a) of this title'' after ``on board a vessel''.
    Subsec. (a)(15)(E)(i). Pub. L. 101-649, Sec. 204(a), inserted ``, 
including trade in services or trade in technology'' after ``substantial 
trade''.
    Subsec. (a)(15)(H). Pub. L. 101-649, Sec. 205(e)(1), struck out 
``having a residence in a foreign country which he has no intention of 
abandoning'' after ``an alien''.
    Subsec. (a)(15)(H)(i)(a). Pub. L. 101-649, Sec. 162(f)(2)(A), 
substituted ``for each facility (which facility shall include the 
petitioner and each worksite, other than a private household worksite, 
if the worksite is not the alien's employer or controlled by the 
employer) for which the alien will perform the services, or'' for ``for 
the facility for which the alien will perform the services, or''.
    Subsec. (a)(15)(H)(i)(b). Pub. L. 101-649, Sec. 205(c)(1), 
substituted ``who is coming temporarily to the United States to perform 
services (other than services described in subclause (a) during the 
period in which such subclause applies and other than services described 
in subclause (ii)(a) or in subparagraph (O) or (P)) in a specialty 
occupation described in section 1184(i)(1) of this title, who meets the 
requirements for the occupation specified in section 1184(i)(2) of this 
title, and with respect to whom the Secretary of Labor determines and 
certifies to the Attorney General that the intending employer has filed 
with, and had approved by, the Secretary an application under section 
1182(n)(1) of this title'' for ``who is of distinguished merit and 
ability and who is coming temporarily to the United States to perform 
services (other than services as a registered nurse) of an exceptional 
nature requiring such merit and ability, and who, in the case of a 
graduate of a medical school coming to the United States to perform 
services as a member of the medical profession, is coming pursuant to an 
invitation from a public or nonprofit private educational or research 
institution or agency in the United States to teach or conduct research, 
or both, at or for such institution or agency''.
    Subsec. (a)(15)(H)(ii). Pub. L. 101-649, Sec. 205(e)(2), (3), 
substituted ``(a) having a residence in a foreign country which he has 
no intention of abandoning who is coming temporarily to the United 
States'' for ``who is coming temporarily to the United States (a)'', and 
in subcl. (b) inserted ``having a residence in a foreign country which 
he has no intention of abandoning who is coming temporarily to the 
United States'' after ``(b)''.
    Subsec. (a)(15)(H)(iii). Pub. L. 101-649, Sec. 205(e)(4), inserted 
``having a residence in a foreign country which he has no intention of 
abandoning'' after ``(iii)''.
    Pub. L. 101-649, Sec. 205(d), inserted ``, in a training program 
that is not designed primarily to provide productive employment'' before 
semicolon at end.
    Subsec. (a)(15)(L). Pub. L. 101-649, Sec. 206(c), substituted 
``within 3 years preceding'' for ``immediately preceding''.
    Subsec. (a)(15)(O), (P). Pub. L. 101-649, Sec. 207(a), added 
subpars. (O) and (P).
    Subsec. (a)(15)(Q). Pub. L. 101-649, Sec. 208, added subpar. (Q).
    Subsec. (a)(15)(R). Pub. L. 101-649, Sec. 209(a), added subpar. (R).
    Subsec. (a)(27)(C). Pub. L. 101-649, Sec. 151(a), amended subpar. 
(C) generally. Prior to amendment, subpar. (C) read as follows: ``(i) an 
immigrant who continuously for at least two years immediately preceding 
the time of his application for admission to the United States has been, 
and who seeks to enter the United States solely for the purpose of 
carrying on the vocation of minister of a religious denomination, and 
whose services are needed by such religious denomination having a bona 
fide organization in the United States; and (ii) the spouse or the child 
of any such immigrant, if accompanying or following to join him;''.
    Subsec. (a)(27)(J). Pub. L. 101-649, Sec. 153(a), added subpar. (J).
    Subsec. (a)(36). Pub. L. 101-649, Sec. 407(a)(2), struck out 
``(except as used in section 1421(a) of this title)'' after 
``includes''.
    Subsec. (a)(43). Pub. L. 101-649, Sec. 501(a)(6), inserted ``and 
also applies to offenses described in the previous sentence in violation 
of foreign law for which the term of imprisonment was completed within 
the previous 15 years'' after ``Federal or State law''.
    Pub. L. 101-649, Sec. 501(a)(5), inserted at end ``Such term applies 
to offenses described in the previous sentence whether in violation of 
Federal or State law.''
    Pub. L. 101-649, Sec. 501(a)(4), struck out ``committed within the 
United States'' after ``to commit any such act,''.
    Pub. L. 101-649, Sec. 501(a)(3), inserted ``any offense described in 
section 1956 of title 18 (relating to laundering of monetary 
instruments), or any crime of violence (as defined in section 16 of 
title 18, not including a purely political offense) for which the term 
of imprisonment imposed (regardless of any suspension of such 
imprisonment) is at least 5 years,'' after ``section 921 of such 
title,''.
    Pub. L. 101-649, Sec. 501(a)(2), inserted ``any illicit trafficking 
in any controlled substance (as defined in section 802 of title 21), 
including'' after ``murder,''.
    Pub. L. 101-649, Sec. 501(a)(1), aligned margin of par. (43).
    Subsec. (a)(44). Pub. L. 101-649, Sec. 123, added par. (44).
    Subsec. (a)(45). Pub. L. 101-649, Sec. 204(c), added par. (45).
    Subsec. (f)(3). Pub. L. 101-649, Sec. 603(a)(1)(A), substituted 
``paragraphs (2)(D), (6)(E), and (9)(A)'' for ``paragraphs (11), (12), 
and (31)''.
    Pub. L. 101-649, Sec. 603(a)(1)(B), substituted ``subparagraphs (A) 
and (B) of section 1182(a)(2) of this title and subparagraph (C) 
thereof'' for ``paragraphs (9) and (10) of section 1182(a) of this title 
and paragraph (23)''.
    Subsec. (f)(8). Pub. L. 101-649, Sec. 509(a), substituted ``an 
aggravated felony (as defined in subsection (a)(43) of this section)'' 
for ``the crime of murder''.
    Subsec. (h). Pub. L. 101-649, Sec. 603(a)(1)(C), substituted 
``1182(a)(2)(E) of this title'' for ``1182(a)(34) of this title''.
    Pub. L. 101-246 added subsec. (h).
    1989--Subsec. (a)(15)(H)(i). Pub. L. 101-238 added subcl. (a), 
designated existing provisions as subcl. (b), and inserted ``(other than 
services as a registered nurse)'' after ``to perform services''.
    Subsec. (b)(2). Pub. L. 101-162 inserted before period at end ``, 
except that, for purposes of paragraph (1)(F) (other than the second 
proviso therein) in the case of an illegitimate child described in 
paragraph (1)(D) (and not described in paragraph (1)(C)), the term 
`parent' does not include the natural father of the child if the father 
has disappeared or abandoned or deserted the child or if the father has 
in writing irrevocably released the child for emigration and adoption''.
    1988--Subsec. (a)(15)(J). Pub. L. 100-525, Sec. 9(a)(1), substituted 
``Director of the United States Information Agency'' for ``Secretary of 
State''.
    Subsec. (a)(27)(I)(i)(II), (ii)(II), (iii)(II). Pub. L. 100-525, 
Sec. 2(o)(1), substituted ``October 24, 1988'' for ``November 6, 1986'' 
and ``applies for a visa or adjustment of status'' for ``applies for 
admission''.
    Subsec. (a)(38). Pub. L. 100-525, Sec. 9(a)(2), struck out ``For the 
purpose of issuing certificates of citizenship to persons who are 
citizens of the United States, the term `United States' as used in 
section 1452 of this title includes the Canal Zone.''
    Subsec. (a)(43). Pub. L. 100-690 added par. (43).
    Subsec. (b)(2). Pub. L. 100-459, temporarily inserted before period 
at end ``, except that, for purposes of paragraph (1)(F) in the case of 
an illegitimate child described in paragraph (1)(D) (and not described 
in paragraph (1)(C)), the term `parent' does not include the natural 
father of the child if the father has disappeared or abandoned or 
deserted the child or if the father has in writing irrevocably released 
the child for emigration and adoption''. See Effective and Termination 
Dates of 1988 Amendments note below.
    Subsec. (c)(1). Pub. L. 100-525, Sec. 8(b), repealed Pub. L. 99-653, 
Sec. 3. See 1986 Amendment note below.
    Subsec. (d). Pub. L. 100-525, Sec. 9(a)(3), struck out subsec. (d) 
defining ``veteran'', ``Spanish-American War'', ``World War I'', ``World 
War II'', and ``Korean hostilities'' as those terms were used in part 
III of subchapter III of this chapter.
    1986--Subsec. (a)(15)(D). Pub. L. 99-505 designated existing 
provisions as cl. (i) and added cl. (ii).
    Subsec. (a)(15)(H). Pub. L. 99-603, Sec. 301(a), designated existing 
provisions of cl. (ii) as subcl. (b) and added subcl. (a) relating to 
persons performing agricultural labor or services as defined by the 
Secretary of Labor in regulations and including agricultural labor as 
defined in section 3121(g) of title 26 and agriculture as defined in 
section 203(f) of title 29 of a temporary or seasonal nature.
    Subsec. (a)(15)(H)(ii). Pub. L. 99-514 substituted ``Internal 
Revenue Code of 1986'' for ``Internal Revenue Code of 1954'', which for 
purposes of codification was translated as ``title 26'' thus requiring 
no change in text.
    Subsec. (a)(15)(N). Pub. L. 99-603, Sec. 312(b), added subpar. (N).
    Subsec. (a)(27)(I). Pub. L. 99-603, Sec. 312(a), added subpar. (I).
    Subsec. (b)(1)(D). Pub. L. 99-603, Sec. 315(a), inserted ``or to its 
natural father if the father has or had a bona fide parent-child 
relationship with the person''.
    Subsec. (b)(1)(E). Pub. L. 99-653, Sec. 2, struck out ``thereafter'' 
after ``the child has''.
    Subsec. (c)(1). Pub. L. 99-653, Sec. 3, which struck out par. (1) 
defining ``child'', was repealed by Pub. L. 100-525, Sec. 8(b), and such 
par. (1) was revived as of Nov. 14, 1986, see Repeal and Revival note 
below.
    1984--Subsec. (a)(9). Priv. L. 98-47 struck out provisions which 
directed that in Canal Zone and outlying possessions of the United 
States ``consular officer'' meant an officer designated by the Governor 
of the Canal Zone, or the governors of the outlying possessions for 
purposes of issuing immigrant or nonimmigrant visas under this chapter.
    1981--Subsec. (a)(15)(F). Pub. L. 97-116, Secs. 2(a)(1), 18(a)(1), 
substituted in cl. (i) ``college, university, seminary, conservatory, 
academic high school, elementary school, or other academic institution 
or in a language training program'' for ``institution of learning or 
other recognized place of study'', and ``Secretary of Education'' for 
``Office of Education of the United States''.
    Subsec. (a)(15)(H), (J), (K), (L). Pub. L. 97-116, Sec. 18(a)(2), 
substituted a semicolon for a period at end of subpars. (H), (J), (K), 
and (L) and inserted ``or'' at end of subpar. (L).
    Subsec. (a)(15)(M). Pub. L. 97-116, Sec. 2(a)(2), added subpar. (M).
    Subsec. (a)(27)(H). Pub. L. 97-116, Sec. 5(d)(1), added subpar. (H).
    Subsec. (a)(33). Pub. L. 97-116, Sec. 18(a)(3), struck out provision 
that residence be considered continuous for the purposes of sections 
1482 and 1484 of this title where there is a continuity of stay but not 
necessarily an uninterrupted physical presence in a foreign state or 
states or outside the United States.
    Subsec. (b)(1)(A), (B). Pub. L. 97-116, Sec. 18(a)(5)(A), struck out 
``or'' at the end.
    Subsec. (b)(1)(C). Pub. L. 97-116, Sec. 18(a)(5)(B), substituted a 
semicolon for the period at end.
    Subsec. (b)(1)(E). Pub. L. 97-116, Secs. 2(b), 18(a)(5)(C), 
substituted ``sixteen'' for ``fourteen'', and ``; or'' for the period at 
the end.
    Subsec. (b)(1)(F). Pub. L. 97-116, Sec. 2(b), substituted 
``sixteen'' for ``fourteen''.
    Subsec. (f). Pub. L. 97-116, Sec. 2(c), struck out par. (2) which 
provided that a person not be considered a person of good moral 
character if within the period for which good moral character is 
required to be established the person commits adultery, and substituted 
in par. (3) ``paragraphs (9) and (10) of section 1182(a) of this title 
and paragraph (23) of such section (except as such paragraph relates to 
a single offense of simple possession of 30 grams or less of 
marihuana)'' for ``paragraphs (9), (10), and (23) of section 1182(a) of 
this title''.
    1980--Subsec. (a)(42). Pub. L. 96-212 added par. (42).
    1979--Subsec. (a)(27)(E) to (G). Pub. L. 96-70 added subpars. (E) to 
(G).
    1977--Subsec. (a)(1). Pub. L. 95-105 substituted ``Assistant 
Secretary of State for Consular Affairs'' for ``administrator of the 
Bureau of Security and Consular Affairs of the Department of State''.
    Subsec. (a)(41). Pub. L. 95-83 inserted ``a'' after ``graduates of'' 
and ``, other than such aliens who are of national or international 
renown in the field of medicine'' after ``in a foreign state''.
    1976--Subsec. (a)(15)(H)(i). Pub. L. 94-484, Sec. 601(b)(1), 
inserted ``, and who, in the case of a graduate of a medical school 
coming to the United States to perform services as a member of the 
medical profession, is coming pursuant to an invitation from a public or 
nonprofit private educational or research institution or agency in the 
United States to teach or conduct research, or both, at or for such 
institution or agency''.
    Subsec. (a)(15)(H)(ii). Pub. L. 94-484, Sec. 601(b)(2), inserted ``, 
but this clause shall not apply to graduates of medical schools coming 
to the United States to perform services as members of the medical 
profession''.
    Subsec. (a)(15)(H)(iii). Pub. L. 94-484, Sec. 601(b)(3), inserted 
``, other than to receive graduate medical education or training''.
    Subsec. (a)(15)(J). Pub. L. 94-484, Sec. 601(b)(4), inserted ``and 
who, if he is coming to the United States to participate in a program 
under which he will receive graduate medical education or training, also 
meets the requirements of section 1182(j) of this title''.
    Subsec. (a)(27). Pub. L. 94-571 struck out subpar. (A) provision 
defining term ``special immigrant'' to include an immigrant born in any 
independent foreign country of the Western Hemisphere or in the Canal 
Zone and the spouse and children of any such immigrant, if accompanying, 
or following to join him and restricting issuance of an immigrant visa 
until consular officer was in receipt of a determination made by the 
Secretary of Labor pursuant to former provisions of section 1182(a)(14) 
of this title; and redesignated as subpars. (A) to (D) former subpars. 
(B) to (E).
    Subsec. (a)(41). Pub. L. 94-484, Sec. 601(e), added par. (41).
    1975--Subsec. (b)(1)(F). Pub. L. 94-155 provided for adoption of 
alien children under the age of fourteen by unmarried United States 
citizens who are at least twenty-five years of age and inserted 
requirement that before adoption the Attorney General be satisfied that 
proper care will be provided the child after admission.
    1970--Subsec. (a)(15)(H). Pub. L. 91-225, Sec. 1(a), provided for 
nonimmigrant alien status for alien spouse and minor children of any 
alien specified in par. (H) if accompanying him or following to join him 
and struck out ``temporary'', ``other'', and ``industrial'' before 
``services'', ``temporary services'', and ``trainee'' in cls. (i) to 
(iii), respectively.
    Subsec. (a)(15)(K), (L). Pub. L. 91-225, Sec. 1(b), added subpars. 
(K) and (L).
    1966--Subsec. (a)(38). Pub. L. 89-710 inserted sentence providing 
that term ``United States'' as used in section 1452 of this title, for 
the purpose of issuing certificates of citizenship to persons who are 
citizens of the United States, shall include the Canal Zone.
    1965--Subsec. (a)(27). Pub. L. 89-236, Sec. 8(a), substituted 
``special immigrant'' for ``nonquota immigrant'' as term being defined.
    Subsec. (a)(32). Pub. L. 89-236, Sec. 8(b), substituted term 
``profession'' and its definition for term ``quota immigrant'' and its 
definition.
    Subsec. (b)(1)(F). Pub. L. 89-236, Sec. 8(c), expanded definition to 
include a child, under the age of 14 at the time a petition is filed in 
his behalf to accord a classification as an immediate relative or who is 
an orphan because of the death or disappearance of, abandonment or 
desertion by, or separation or loss from, both parents, or for whom the 
sole or surviving parent is incapable of providing the proper care which 
will be provided the child if admitted to the United States and who has 
in writing irrevocably released the child for emigration and adoption, 
and made minor amendments in the existing definition.
    Subsec. (b)(6). Pub. L. 89-236, Sec. 24, struck out par. (6) which 
defined term ``eligible orphan''.
    1961--Subsec. (a)(15). Pub. L. 87-256 included the alien spouse and 
minor children of any such alien if accompanying him or following to 
join him in subpar. (F), and added subpar. (J).
    Subsec. (b)(1)(F). Pub. L. 87-301, Sec. 2, added subpar. (F).
    Subsec. (b)(6). Pub. L. 87-301, Sec. 1, added par. (6).
    Subsec. (d)(1). Pub. L. 87-301, Sec. 7(a), inserted ``or from June 
25, 1950, to July 1, 1955,''.
    Subsec. (d)(2). Pub. L. 87-301, Sec. 7(b), inserted definition of 
``Korean hostilities''.
    1959--Subsec. (a)(36). Pub. L. 86-3 struck out reference to Hawaii.
    1958--Subsec. (a)(36). Pub. L. 85-508 struck out reference to 
Alaska.
    1957--Subsec. (b)(1). Pub. L. 85-316 inserted ``whether or not born 
out of wedlock'' in subpar. (B), and added subpars. (D) and (E).


                    Effective Date of 2000 Amendments

    Pub. L. 106-553, Sec. 1(a)(2) [title XI, Sec. 1102(e)], Dec. 21, 
2000, 114 Stat. 2762, 2762A-144, provided that: ``The amendments made by 
this section [amending this section and sections 1184 and 1255 of this 
title] shall take effect on the date of the enactment of this Act [Dec. 
21, 2000] and shall apply to an alien who is the beneficiary of a 
classification petition filed under section 204 of the Immigration and 
Nationality Act [8 U.S.C. 1154] on or before the date of the enactment 
of this Act.''
    Pub. L. 106-553, Sec. 1(a)(2) [title XI, Sec. 1103(d)], Dec. 21, 
2000, 114 Stat. 2762, 2762A-146, provided that: ``The amendments made by 
this section [amending this section and sections 1184, 1186a, and 1255 
of this title] shall take effect on the date of the enactment of this 
Act [Dec. 21, 2000] and shall apply to an alien who is the beneficiary 
of a classification petition filed under section 204 of the Immigration 
and Nationality Act [8 U.S.C. 1154] before, on, or after the date of the 
enactment of this Act.''
    Pub. L. 106-409, Sec. 2(b), Nov. 1, 2000, 114 Stat. 1787, provided 
that: ``The amendment made by subsection (a) [amending this section] 
shall take effect on October 1, 2000.''
    Pub. L. 106-395, title II, Sec. 201(a)(2), Oct. 30, 2000, 114 Stat. 
1633, provided that: ``The amendment made by paragraph (1) [amending 
this section] shall be effective as if included in the enactment of the 
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 
(Public Law 104-208; 110 Stat. 3009-546) and shall apply to individuals 
having an application for a benefit under the Immigration and 
Nationality Act [8 U.S.C. 1101 et seq.] pending on or after September 
30, 1996.''
    Amendment by Pub. L. 106-279 effective upon entry into force for the 
United States of the Convention on Protection of Children and 
Cooperation in Respect of Intercountry Adoption, pursuant to Article 
46(2)(a) of the Convention, with transition rule, see section 505(a)(2), 
(b) of Pub. L. 106-279, set out as an Effective Dates; Transition Rule 
note under section 14901 of Title 42, The Public Health and Welfare.


                    Effective Date of 1999 Amendment

    Amendment by Pub. L. 106-95 applicable to classification petitions 
filed for nonimmigrant status only during the 4-year period beginning on 
the date that interim or final regulations are first promulgated, see 
section 2(e) of Pub. L. 106-95, set out as a note under section 1182 of 
this title.


                    Effective Date of 1998 Amendment

    Pub. L. 105-319, Sec. 2(d)(2), Oct. 30, 1998, 112 Stat. 3015, 
provided that the amendment made by section 2(d)(2) is effective Oct. 1, 
2005.


                    Effective Date of 1997 Amendments

    Pub. L. 105-139, Sec. 1(f), Dec. 2, 1997, 111 Stat. 2645, provided 
that: ``The amendments made by this section [amending provisions set out 
as notes under this section and sections 1151, 1153, and 1255 of this 
title]--
        ``(1) shall take effect upon the enactment of the Nicaraguan 
    Adjustment and Central American Relief Act [title II of Pub. L. 105-
    100, approved Nov. 19, 1997] (as contained in the District of 
    Columbia Appropriations Act, 1998); and
        ``(2) shall be effective as if included in the enactment of such 
    Act.''
    Section 1(b) of Pub. L. 105-54 provided that: ``The amendment made 
by subsection (a) [amending this section] shall take effect on the date 
of the enactment of this Act [Oct. 6, 1997].''


                    Effective Date of 1996 Amendments

    Section 104(b) of div. C of Pub. L. 104-208, as amended by Pub. L. 
105-277, div. A, Sec. 101(b) [title IV, Sec. 410(c)], Oct. 21, 1998, 112 
Stat. 2681-50, 2681-104, provided that:
    ``(1) Clause a.--Clause (A) of the sentence added by the amendment 
made by subsection (a) [amending this section] shall apply to documents 
issued on or after 18 months after the date of the enactment of this Act 
[Sept. 30, 1996].
    ``(2) Clause b.--Clause (B) of such sentence shall apply to cards 
presented on or after 5 years after the date of the enactment of this 
Act.''
    Section 309 of title III of div. C of Pub. L. 104-208, as amended by 
Pub. L. 104-302, Sec. 2(2), (3), Oct. 11, 1996, 110 Stat. 3657; Pub. L. 
105-100, title II, Secs. 203(a)-(c), 204(d), Nov. 19, 1997, 111 Stat. 
2196-2199, 2201; Pub. L. 105-139, Sec. 1(c), Dec. 2, 1997, 111 Stat. 
2644; Pub. L. 106-386, div. B, title V, Secs. 1506(b)(3), 1510(b), Oct. 
28, 2000, 114 Stat. 1527, 1531; Pub. L. 106-554, Sec. 1(a)(4) [div. B, 
title XV, Sec. 1505(c)], Dec. 21, 2000, 114 Stat. 2763, 2763A-327, 
provided that:
    ``(a) In General.--Except as provided in this section and sections 
303(b)(2), 306(c), 308(d)(2)(D), or 308(d)(5) of this division [amending 
sections 1225, 1227, and 1251 of this title, enacting provisions set out 
as notes under sections 1225, 1226, 1227, and 1252 of this title, and 
repealing provisions set out as a note under section 1225 of this 
title], this subtitle [subtitle A (Secs. 301-309) of title III of div. C 
of Pub. L. 104-208, see Tables for classification] and the amendments 
made by this subtitle shall take effect on the first day of the first 
month beginning more than 180 days after the date of the enactment of 
this Act [Sept. 30, 1996] (in this title [see Tables for classification] 
referred to as the `title III-A effective date').
    ``(b) Promulgation of Regulations.--The Attorney General shall first 
promulgate regulations to carry out this subtitle by not later than 30 
days before the title III-A effective date.
    ``(c) Transition for Certain Aliens.--
        ``(1) General rule that new rules do not apply.--Subject to the 
    succeeding provisions of this subsection, in the case of an alien 
    who is in exclusion or deportation proceedings before the title III-
    A effective date--
            ``(A) the amendments made by this subtitle shall not apply, 
        and
            ``(B) the proceedings (including judicial review thereof) 
        shall continue to be conducted without regard to such 
        amendments.
        ``(2) Attorney general option to elect to apply new 
    procedures.--In a case described in paragraph (1) in which an 
    evidentiary hearing under section 236 or 242 and 242B of the 
    Immigration and Nationality Act [8 U.S.C. 1226, 1252, former 1252b] 
    has not commenced as of the title III-A effective date, the Attorney 
    General may elect to proceed under chapter 4 of title II of such Act 
    [8 U.S.C. 1221 et seq.] (as amended by this subtitle). The Attorney 
    General shall provide notice of such election to the alien involved 
    not later than 30 days before the date any evidentiary hearing is 
    commenced. If the Attorney General makes such election, the notice 
    of hearing provided to the alien under section 235 or 242(a) of such 
    Act [8 U.S.C. 1225, 1252(a)] shall be valid as if provided under 
    section 239 of such Act [8 U.S.C. 1229] (as amended by this 
    subtitle) to confer jurisdiction on the immigration judge.
        ``(3) Attorney general option to terminate and reinitiate 
    proceedings.--In the case described in paragraph (1), the Attorney 
    General may elect to terminate proceedings in which there has not 
    been a final administrative decision and to reinitiate proceedings 
    under chapter 4 of title II [of] the Immigration and Nationality Act 
    [8 U.S.C. 1221 et seq.] (as amended by this subtitle). Any 
    determination in the terminated proceeding shall not be binding in 
    the reinitiated proceeding.
        ``(4) Transitional changes in judicial review.--In the case in 
    which a final order of exclusion or deportation is entered more than 
    30 days after the date of the enactment of this Act [Sept. 30, 
    1996], notwithstanding any provision of section 106 of the 
    Immigration and Nationality Act [former 8 U.S.C. 1105a] (as in 
    effect as of the date of the enactment of this Act) to the 
    contrary--
            ``(A) in the case of judicial review of a final order of 
        exclusion, subsection (b) of such section shall not apply and 
        the action for judicial review shall be governed by the 
        provisions of subsections (a) and (c) of such [section] in the 
        same manner as they apply to judicial review of orders of 
        deportation;
            ``(B) a court may not order the taking of additional 
        evidence under section 2347(c) of title 28, United States Code;
            ``(C) the petition for judicial review must be filed not 
        later than 30 days after the date of the final order of 
        exclusion or deportation;
            ``(D) the petition for review shall be filed with the court 
        of appeals for the judicial circuit in which the administrative 
        proceedings before the special inquiry officer or immigration 
        judge were completed;
            ``(E) there shall be no appeal of any discretionary decision 
        under section 212(c), 212(h), 212(i), 244, or 245 of the 
        Immigration and Nationality Act [8 U.S.C. former 1182(c), 
        1182(h), (i), former 1254, 1255] (as in effect as of the date of 
        the enactment of this Act [Sept. 30, 1996]);
            ``(F) service of the petition for review shall not stay the 
        deportation of an alien pending the court's decision on the 
        petition, unless the court orders otherwise; and
            ``(G) there shall be no appeal permitted in the case of an 
        alien who is inadmissible or deportable by reason of having 
        committed a criminal offense covered in section 212(a)(2) or 
        section 241(a)(2)(A)(iii), (B), (C), or (D) of the Immigration 
        and Nationality Act [8 U.S.C. 1182(a)(2), former 
        1251(a)(2)(A)(iii), (B), (C), (D)] (as in effect as of the date 
        of the enactment of this Act), or any offense covered by section 
        241(a)(2)(A)(ii) of such Act (as in effect on such date) for 
        which both predicate offenses are, without regard to their date 
        of commission, otherwise covered by section 241(a)(2)(A)(i) of 
        such Act (as so in effect).
        ``(5) Transitional rules with regard to suspension of 
    deportation.--
            ``(A) In general.--Subject to subparagraphs (B) and (C), 
        paragraphs (1) and (2) of section 240A(d) of the Immigration and 
        Nationality Act [8 U.S.C. 1229b(d)(1), (2)] (relating to 
        continuous residence or physical presence) shall apply to orders 
        to show cause (including those referred to in section 242B(a)(1) 
        of the Immigration and Nationality Act [former 8 U.S.C. 
        1252b(a)(1)], as in effect before the title III-A effective 
        date), issued before, on, or after the date of the enactment of 
        this Act [Sept. 30, 1996].
            ``(B) Exception for certain orders.--In any case in which 
        the Attorney General elects to terminate and reinitiate 
        proceedings in accordance with paragraph (3) of this subsection, 
        paragraphs (1) and (2) of section 240A(d) of the Immigration and 
        Nationality Act [8 U.S.C. 1229b(d)(1), (2)] shall not apply to 
        an order to show cause issued before April 1, 1997.
            ``(C) Special rule for certain aliens granted temporary 
        protection from deportation and for battered spouses and 
        children.--
                ``(i) In general.--For purposes of calculating the 
            period of continuous physical presence under section 244(a) 
            of the Immigration and Nationality Act [former 8 U.S.C. 
            1254(a)] (as in effect before the title III-A effective 
            date) or section 240A of such Act [8 U.S.C. 1229b] (as in 
            effect after the title III-A effective date), subparagraph 
            (A) of this paragraph and paragraphs (1) and (2) of section 
            240A(d) of the Immigration and Nationality Act shall not 
            apply in the case of an alien, regardless of whether the 
            alien is in exclusion or deportation proceedings before the 
            title III-A effective date, who has not been convicted at 
            any time of an aggravated felony (as defined in section 
            101(a) of the Immigration and Nationality Act [8 U.S.C. 
            1101(a)]) and--
          ``(I) was not apprehended after December 19, 1990, at the time 
                of entry, and is--
                        ``(aa) a Salvadoran national who first entered 
                    the United States on or before September 19, 1990, 
                    and who registered for benefits pursuant to the 
                    settlement agreement in American Baptist Churches, 
                    et al. v. Thornburgh (ABC), 760 F. Supp. 796 (N.D. 
                    Cal. 1991) on or before October 31, 1991, or applied 
                    for temporary protected status on or before October 
                    31, 1991; or
                        ``(bb) a Guatemalan national who first entered 
                    the United States on or before October 1, 1990, and 
                    who registered for benefits pursuant to such 
                    settlement agreement on or before December 31, 1991;
          ``(II) is a Guatemalan or Salvadoran national who filed an 
                application for asylum with the Immigration and 
                Naturalization Service on or before April 1, 1990;
          ``(III) is the spouse or child (as defined in section 
                101(b)(1) of the Immigration and Nationality Act [8 
                U.S.C. 1101(b)(1)]) of an individual, at the time a 
                decision is rendered to suspend the deportation, or 
                cancel the removal, of such individual, if the 
                individual has been determined to be described in this 
                clause (excluding this subclause and subclause (IV));
          ``(IV) is the unmarried son or daughter of an alien parent, at 
                the time a decision is rendered to suspend the 
                deportation, or cancel the removal, of such alien 
                parent, if--
                        ``(aa) the alien parent has been determined to 
                    be described in this clause (excluding this 
                    subclause and subclause (III)); and
                        ``(bb) in the case of a son or daughter who is 
                    21 years of age or older at the time such decision 
                    is rendered, the son or daughter entered the United 
                    States on or before October 1, 1990;
          ``(V) is an alien who entered the United States on or before 
                December 31, 1990, who filed an application for asylum 
                on or before December 31, 1991, and who, at the time of 
                filing such application, was a national of the Soviet 
                Union, Russia, any republic of the former Soviet Union, 
                Latvia, Estonia, Lithuania, Poland, Czechoslovakia, 
                Romania, Hungary, Bulgaria, Albania, East Germany, 
                Yugoslavia, or any state of the former Yugoslavia; or
          ``(VI) is an alien who was issued an order to show cause or 
                was in deportation proceedings before April 1, 1997, and 
                who applied for suspension of deportation under section 
                244(a)(3) of the Immigration and Nationality Act [former 
                8 U.S.C. 1254(a)(3)] (as in effect before the date of 
                the enactment of this Act [Sept. 30, 1996]); or
          ``(VII)(aa) was the spouse or child of an alien described in 
                subclause (I), (II), or (V)--
                        ``(AA) at the time at which a decision is 
                    rendered to suspend the deportation or cancel the 
                    removal of the alien;
                        ``(BB) at the time at which the alien filed an 
                    application for suspension of deportation or 
                    cancellation of removal; or
                        ``(CC) at the time at which the alien registered 
                    for benefits under the settlement agreement in 
                    American Baptist Churches, et. al. v. Thornburgh 
                    (ABC), applied for temporary protected status, or 
                    applied for asylum; and
          ``(bb) the spouse, child, or child of the spouse has been 
                battered or subjected to extreme cruelty by the alien 
                described in subclause (I), (II), or (V).
                ``(ii) Limitation on judicial review.--A determination 
            by the Attorney General as to whether an alien satisfies the 
            requirements of clause (i) is final and shall not be subject 
            to review by any court. Nothing in the preceding sentence 
            shall be construed as limiting the application of section 
            242(a)(2)(B) of the Immigration and Nationality Act [8 
            U.S.C. 1252(a)(2)(B)] (as in effect after the title III-A 
            effective date) to other eligibility determinations 
            pertaining to discretionary relief under this Act [probably 
            should be ``division'', see Short Title of 1996 Amendment 
            note below].
                ``(iii) Consideration of petitions.--In acting on a 
            petition filed under subclause (VII) of clause (i) the 
            provisions set forth in section 204(a)(1)(H) [probably means 
            section 204(a)(1)(H) of the Immigration and Nationality Act, 
            which is classified to section 1154(a)(1)(H) of this title] 
            shall apply.
                ``(iv) Residence with spouse or parent not required.--
            For purposes of the application of clause (i)(VII), a spouse 
            or child shall not be required to demonstrate that he or she 
            is residing with the spouse or parent in the United States.
        ``(6) Transition for certain family unity aliens.--The Attorney 
    General may waive the application of section 212(a)(9) of the 
    Immigration and Nationality Act [8 U.S.C. 1182(a)(9)], as inserted 
    by section 301(b)(1) of this division, in the case of an alien who 
    is provided benefits under the provisions of section 301 of the 
    Immigration Act of 1990 [Pub. L. 101-649, set out as a note under 
    section 1255a of this title] (relating to family unity).
        ``(7) Limitation on suspension of deportation.--After April 1, 
    1997, the Attorney General may not suspend the deportation and 
    adjust the status under section 244 of the Immigration and 
    Nationality Act [former 8 U.S.C. 1254] (as in effect before the 
    title III-A effective date) of any alien in any fiscal year, except 
    in accordance with section 240A(e) of such Act [8 U.S.C. 1229b(e)]. 
    The previous sentence shall apply regardless of when an alien 
    applied for such suspension and adjustment.
    ``(d) Transitional References.--For purposes of carrying out the 
Immigration and Nationality Act [8 U.S.C. 1101 et seq.], as amended by 
this subtitle--
        ``(1) any reference in section 212(a)(1)(A) of such Act [8 
    U.S.C. 1182(a)(1)(A)] to the term `inadmissible' is deemed to 
    include a reference to the term `excludable', and
        ``(2) any reference in law to an order of removal shall be 
    deemed to include a reference to an order of exclusion and 
    deportation or an order of deportation.
    ``(e) Transition.--No period of time before the date of the 
enactment of this Act [Sept. 30, 1996] shall be included in the period 
of 1 year described in section 212(a)(6)(B)(i) of the Immigration and 
Nationality Act [8 U.S.C. 1182(a)(6)(B)(i)] (as amended by section 
301(c) of this division).
    ``(f) Special Rule for Cancellation of Removal.--
        ``(1) In general.--Subject to the provisions of the Immigration 
    and Nationality Act [8 U.S.C. 1101 et seq.] (as in effect after the 
    title III-A effective date), other than subsections (b)(1), (d)(1), 
    and (e) of section 240A of such Act [8 U.S.C. 1229b(b)(1), (d)(1), 
    (e)] (but including section 242(a)(2)(B) of such Act [8 U.S.C. 
    1252(a)(2)(B)]), the Attorney General may, under section 240A of 
    such Act, cancel removal of, and adjust to the status of an alien 
    lawfully admitted for permanent residence, an alien who is 
    inadmissible or deportable from the United States, if the alien 
    applies for such relief, the alien is described in subsection 
    (c)(5)(C)(i) of this section, and--
            ``(A) the alien--
                ``(i) is not inadmissible or deportable under paragraph 
            (2) or (3) of section 212(a) or paragraph (2), (3), or (4) 
            of section 237(a) of the Immigration and Nationality Act [8 
            U.S.C. 1182(a)(2), (3), 1227(a)(3), (4)] and is not an alien 
            described in section 241(b)(3)(B)(i) of such Act [8 U.S.C. 
            1231(b)(3)(B)(i)];
                ``(ii) has been physically present in the United States 
            for a continuous period of not less than 7 years immediately 
            preceding the date of such application;
                ``(iii) has been a person of good moral character during 
            such period; and
                ``(iv) establishes that removal would result in extreme 
            hardship to the alien or to the alien's spouse, parent, or 
            child, who is a citizen of the United States or an alien 
            lawfully admitted for permanent residence; or
            ``(B) the alien--
                ``(i) is inadmissible or deportable under section 
            212(a)(2), 237(a)(2) (other than 237(a)(2)(A)(iii)), or 
            237(a)(3) of the Immigration and Nationality Act [8 U.S.C. 
            1182(a)(2), 1227(a)(2), (3)];
                ``(ii) is not an alien described in section 
            241(b)(3)(B)(i) or 101(a)(43) of such Act [8 U.S.C. 
            1231(b)(3)(B)(i), 1101(a)(43)];
                ``(iii) has been physically present in the United States 
            for a continuous period of not less than 10 years 
            immediately following the commission of an act, or the 
            assumption of a status, constituting a ground for removal;
                ``(iv) has been a person of good moral character during 
            such period; and
                ``(v) establishes that removal would result in 
            exceptional and extremely unusual hardship to the alien or 
            to the alien's spouse, parent, or child, who is a citizen of 
            the United States or an alien lawfully admitted for 
            permanent residence.
        ``(2) Treatment of certain breaks in presence.--Section 
    240A(d)(2) [8 U.S.C. 1229b(d)(2)] shall apply for purposes of 
    calculating any period of continuous physical presence under this 
    subsection, except that the reference to subsection (b)(1) in such 
    section shall be considered to be a reference to paragraph (1) of 
    this section.
    ``(g) Motions To Reopen Deportation or Removal Proceedings.--
Notwithstanding any limitation imposed by law on motions to reopen 
removal or deportation proceedings (except limitations premised on an 
alien's conviction of an aggravated felony (as defined in section 101(a) 
of the Immigration and Nationality Act [8 U.S.C. 1101(a)])), any alien 
who has become eligible for cancellation of removal or suspension of 
deportation as a result of the amendments made by section 203 of the 
Nicaraguan Adjustment and Central American Relief Act [Pub. L. 105-100, 
amending this note] may file one motion to reopen removal or deportation 
proceedings to apply for cancellation of removal or suspension of 
deportation. The Attorney General shall designate a specific time period 
in which all such motions to reopen are required to be filed. The period 
shall begin not later than 60 days after the date of the enactment of 
the Nicaraguan Adjustment and Central American Relief Act [Nov. 19, 
1997] and shall extend for a period not to exceed 240 days.
    ``(h) Relief and Motions to Reopen.--
        ``(1) Relief.--An alien described in subsection (c)(5)(C)(i) who 
    is otherwise eligible for--
            ``(A) suspension of deportation pursuant to section 244(a) 
        of the Immigration and Nationality Act [8 U.S.C. 1254a(a)], as 
        in effect before the title III-A effective date; or
            ``(B) cancellation of removal, pursuant to section 240A(b) 
        of the Immigration and Nationality Act [8 U.S.C. 1229b(b)] and 
        subsection (f) of this section;
    shall not be barred from applying for such relief by operation of 
    section 241(a)(5) of the Immigration and Nationality Act [8 U.S.C. 
    1231(a)(5)], as in effect after the title III-A effective date.
        ``(2) Additional motion to reopen permitted.--Notwithstanding 
    any limitation imposed by law on motions to reopen removal or 
    deportation proceedings (except limitations premised on an alien's 
    conviction of an aggravated felony (as defined by section 101(a) of 
    the Immigration and Nationality Act [8 U.S.C. 1101(a)])), any alien 
    who is described in subsection (c)(5)(C)(i) and who has become 
    eligible for cancellation of removal or suspension of deportation as 
    a result of the enactment of paragraph (1) may file one motion to 
    reopen removal or deportation proceedings in order to apply for 
    cancellation of removal or suspension of deportation. The scope of 
    any proceeding reopened on this basis shall be limited to a 
    determination of the alien's eligibility for cancellation of removal 
    or suspension of deportation. The Attorney General shall designate a 
    specific time period in which all such motions to reopen are 
    required to be filed. The period shall begin not later than 60 days 
    after the date of the enactment of this subsection [Dec. 21, 2000] 
    and shall extend for a period not to exceed 240 days.
        ``(3) Construction.--Nothing in this subsection shall preclude 
    an alien from filing a motion to reopen pursuant to section 
    240(b)(5)(C)(ii) of the Immigration and Nationality Act [8 U.S.C. 
    1229a(b)(5)(C)(ii)], or section 242B(c)(3)(B) of such Act [8 U.S.C. 
    1252b(c)(3)(B)] (as in effect before the title III-A effective 
    date).''
    [Pub. L. 106-386, div. B, title V, Sec. 1506(b)(4), Oct. 28, 2000, 
114 Stat. 1528, provided that: ``The amendments made by paragraph (3) 
[amending section 309 of Pub. L. 104-208, div. C, set out above] shall 
take effect as if included in the enactment of section 309 of the 
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 
[Pub. L. 104-208] (8 U.S.C. 1101 note).'']
    [Pub. L. 106-386, div. B, Sec. 1510(c), Oct. 28, 2000, 114 Stat. 
1532, provided that: ``The amendments made by subsections (a) [amending 
section 202 of Pub. L. 105-100, set out as a note under section 1255 of 
this title] and (b) [amending section 309 of Pub. L. 104-208, div. C, 
set out above] shall be effective as if included in the Nicaraguan 
Adjustment and Central American Relief Act (8 U.S.C. 1255 note; Public 
Law 105-100, as amended).'']
    [Section 203(f) of Pub. L. 105-100 provided that: ``The amendments 
made by this section to the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 [amending section 309 of Pub. L. 104-208, 
div. C, set out above] shall take effect as if included in the enactment 
of such Act.'']
    [Section 2 of Pub. L. 104-302 provided that the amendment made by 
that section to section 309 of Pub. L. 104-208, set out above, is 
effective Sept. 30, 1996.]
    Section 321(c) of div. C of Pub. L. 104-208 provided that: ``The 
amendments made by this section [amending this section] shall apply to 
actions taken on or after the date of the enactment of this Act [Sept. 
30, 1996], regardless of when the conviction occurred, and shall apply 
under section 276(b) of the Immigration and Nationality Act [8 U.S.C. 
1326(b)] only to violations of section 276(a) of such Act occurring on 
or after such date.''
    Section 322(c) of div. C of Pub. L. 104-208 provided that: ``The 
amendments made by subsection (a) [amending this section and section 
1182 of this title] shall apply to convictions and sentences entered 
before, on, or after the date of the enactment of this Act [Sept. 30, 
1996]. Subparagraphs (B) and (C) of section 240(c)(3) of the Immigration 
and Nationality Act [8 U.S.C. 1229a(c)(3)(B), (C)], as inserted by 
section 304(a)(3) of this division, shall apply to proving such 
convictions.''
    Section 361(b) of div. C of Pub. L. 104-208 provided that: ``The 
amendment made by subsection (a) [amending this section] shall take 
effect on the date of the enactment of this Act [Sept. 30, 1996].''
    Section 371(d)(1) of div. C of Pub. L. 104-208 provided that: 
``Subsections (a) and (b) [amending this section and sections 1105a, 
1159, 1224, 1225, 1226, 1252, 1252b, 1323, and 1362 of this title] shall 
take effect on the date of the enactment of this Act [Sept. 30, 1996].''
    Section 591 of title V of div. C of Pub. L. 104-208 provided that: 
``Except as provided in this title [enacting sections 1369 to 1371 and 
1623 and 1624 of this title, amending sections 1182, 1183, 1183a, 1612, 
1631, 1632, 1641, and 1642 of this title, section 506 of Title 18, 
Crimes and Criminal Procedure, section 1091 of Title 20, Education, and 
sections 402, 1320b-7, and 1436a of Title 42, The Public Health and 
Welfare, enacting provisions set out as notes under this section, 
sections 1182, 1183a, 1611, 1612, and 1621 of this title, and sections 
402 and 1436a of Title 42, and repealing provisions set out as a note 
under section 1183a of this title], this title and the amendments made 
by this title shall take effect on the date of the enactment of this Act 
[Sept. 30, 1996].''
    Section 625(c) of div. C of Pub. L. 104-208 provided that: ``The 
amendments made by subsection (a) [amending this section and section 
1184 of this title] shall apply to individuals 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 671(a)(7) of div. C of Pub. L. 104-208 provided that: ``The 
amendments made by this subsection [amending this section, sections 
1184, 1251, 1255, 1258, and 1324 of this title, and provisions set out 
as a note under section 1252 of this title] shall be effective as if 
included in the enactment of the VCCLEA [Pub. L. 103-322].''
    Section 671(b)(14) of div. C of Pub. L. 104-208 provided that: 
``Except as otherwise provided in this subsection [amending this section 
and sections 1252a, 1255b, 1323, 1356, and 1483 of this title, enacting 
provisions set out as notes under sections 1161 and 1433 of this title, 
and amending provisions set out as notes under this section and sections 
1255a, 1323, and 1401 of this title], the amendments made by this 
subsection shall take effect as if included in the enactment of INTCA 
[Pub. L. 103-416].''
    Section 440(f) of Pub. L. 104-132 provided that: ``The amendments 
made by subsection (e) [amending this section] shall apply to 
convictions entered on or after the date of the enactment of this Act 
[Apr. 24, 1996], except that the amendment made by subsection (e)(3) 
[amending this section] shall take effect as if included in the 
enactment of section 222 of the Immigration and Nationality Technical 
Corrections Act of 1994 [Pub. L. 103-416].''


                    Effective Date of 1994 Amendments

    Section 219(dd) of Pub. L. 103-416 provided that: ``Except as 
otherwise specifically provided in this section, the amendments made by 
this section [amending this section and sections 1151, 1153, 1154, 1160, 
1182, 1188, 1251, 1252, 1252b, 1254a, 1255, 1255a, 1256, 1288, 1302, 
1322, 1323, 1324a, 1324b, 1324c, 1330, 1356, 1421, 1424, 1444, 1449, and 
1522 of this title, repealing section 1161 of this title, amending 
provisions set out as notes under this section and sections 1182, 1254a, 
1255, 1255a, and 1356 of this title, and repealing provisions set out as 
a note under section 1288 of this title] shall be effective as if 
included in the enactment of the Immigration Act of 1990 [Pub. L. 101-
649].''
    Section 222(b) of Pub. L. 103-416 provided that: ``The amendments 
made by this section [amending this section] shall apply to convictions 
entered on or after the date of enactment of this Act [Oct. 25, 1994].''
    Amendment by Pub. L. 103-236 applicable with respect to officials, 
offices, and bureaus of Department of State when executive orders, 
regulations, or departmental directives implementing the amendments by 
sections 161 and 162 of Pub. L. 103-236 become effective, or 90 days 
after Apr. 30, 1994, whichever comes earlier, see section 161(b) of Pub. 
L. 103-236, as amended, set out as a note under section 2651a of Title 
22, Foreign Relations and Intercourse.


                    Effective Date of 1991 Amendments

    Section 208 of title II of Pub. L. 102-232 provided that: ``The 
provisions of, and amendments made by, this title [amending this section 
and section 1184 of this title and enacting provisions set out as notes 
under this section and section 1184 of this title] shall take effect on 
April 1, 1992.''
    Section 302(e)(8) of Pub. L. 102-232 provided that the amendments 
made by that section [amending this section and sections 1186a and 1201 
of this title] are effective as if included in section 162(e) of the 
Immigration Act of 1990, Pub. L. 102-649.
    Section 305(m) of Pub. L. 102-232 provided that the amendments made 
by that section [amending this section and sections 1423, 1433, 1441, 
1443, 1445, and 1452 of this title] are effective as if included in 
section 407(d) of the Immigration Act of 1990, Pub. L. 101-649.
    Section 310 of Pub. L. 102-232, as amended by Pub. L. 103-416, title 
II, Sec. 219(z)(9), Oct. 25, 1994, 108 Stat. 4318, provided that: 
``Except as otherwise specifically provided, the amendments made by (and 
provisions of)--
        ``(1) sections 302 through 308 [amending this section, sections 
    1102, 1105a, 1151 to 1154, 1157, 1159 to 1161, 1182, 1184, 1186a to 
    1188, 1201, 1221, 1226, 1227, 1229, 1251, 1252, 1252b, 1254 to 
    1255a, 1281, 1282, 1284, 1288, 1322, 1323, 1324a to 1324c, 1325, 
    1357, 1421, 1423, 1433, 1439 to 1441, 1443, 1445 to 1449, 1451, 
    1452, and 1455 of this title, and section 3753 of Title 42, The 
    Public Health and Welfare, enacting provisions set out as notes 
    under this section and sections 1151, 1157, 1160, 1182, 1251, 1252, 
    1254a, and 1255 of this title, and amending provisions set out as 
    notes under this section and sections 1105a, 1153, 1158, 1160, 1184, 
    1201, 1251, 1254a, 1255, and 1421 of this title] shall take effect 
    as if included in the enactment of the Immigration Act of 1990 [Pub. 
    L. 101-649], and
        ``(2) section 309(b) [amending this section and sections 1154, 
    1160, 1182, 1188, 1252, 1252a, 1324a, 1356, 1424, and 1455 of this 
    title and enacting provisions set out as a note under this section] 
    shall take effect on the date of the enactment of this Act [Dec. 12, 
    1991].''
    Section 2(d) of Pub. L. 102-110 provided that: ``This section 
[amending this section and sections 1153 and 1255 of this title] shall 
take effect 60 days after the date of the enactment of this Act [Oct. 1, 
1991].''


                    Effective Date of 1990 Amendment

    Section 161 of title I of Pub. L. 101-649, as amended by Pub. L. 
102-110, Sec. 4, Oct. 1, 1991, 105 Stat. 557; Pub. L. 102-232, title 
III, Sec. 302(e)(1), (2), Dec. 12, 1991, 105 Stat. 1745; Pub. L. 103-
416, title II, Secs. 218, 219(aa), Oct. 25, 1994, 108 Stat. 4316, 4319; 
Pub. L. 104-208, div. C, title VI, Sec. 671(f), Sept. 30, 1996, 110 
Stat. 3009-724, provided that:
    ``(a) In General.--Except as otherwise provided in this title, this 
title and the amendments made by this title [enacting section 1186b of 
this title, amending this section, sections 1103, 1151 to 1154, 1157, 
1159, 1182, 1251, 1254, 1255, and 1325 of this title, section 3304 of 
Title 26, Internal Revenue Code, and section 1382c of Title 42, The 
Public Health and Welfare, enacting provisions set out as notes under 
this section and sections 1152, 1153, 1159, 1182, 1201, and 1251 of this 
title, and amending provisions set out as notes under section 1255 of 
this title] shall take effect on October 1, 1991, and apply beginning 
with fiscal year 1992.
    ``(b) Provisions Taking Effect Upon Enactment.--The following 
sections (and amendments made by such sections) shall take effect on the 
date of the enactment of this Act [Nov. 29, 1990] and (unless otherwise 
provided) apply to fiscal year 1991:
        ``(1) Section 103 [enacting provisions set out as a note under 
    section 1152 of this title] (relating to per country limitation for 
    Hong Kong).
        ``(2) Section 104 [amending sections 1157 and 1159 of this title 
    and enacting provisions set out as notes under section 1159 of this 
    title] (relating to asylee adjustments).
        ``(3) Section 124 [enacting provisions set out as a note under 
    section 1153 of this title] (relating to transition for employees of 
    certain U.S. businesses in Hong Kong).
        ``(4) Section 133 [enacting provisions set out as a note under 
    section 1153 of this title] (relating to one-year diversity 
    transition for aliens who have been notified of availability of NP-5 
    visas).
        ``(5) Section 134 [enacting provisions set out as a note under 
    section 1153 of this title] (relating to transition for displaced 
    Tibetans).
        ``(6) Section 153 [amending this section and section 1251 of 
    this title and enacting provisions set out as a note under section 
    1251 of this title] (relating to special immigrants who are 
    dependent on a juvenile court).
        ``(7) Section 154 [enacting provisions set out as a note under 
    section 1201 of this title] (permitting extension of validity of 
    visas for certain residents of Hong Kong).
        ``(8) Section 155 [enacting provisions set out as a note under 
    section 1153 of this title] (relating to expedited issuance of 
    Lebanese second and fifth preference visas).
        ``(9) Section 162(b) [amending section 1154 of this title] 
    (relating to immigrant visa petitioning process), but only insofar 
    as such section relates to visas for fiscal years beginning with 
    fiscal year 1992.
    ``(c) General Transitions.--
        ``(1) In the case of a petition filed under section 204(a) of 
    the Immigration and Nationality Act [8 U.S.C. 1154(a)] before 
    October 1, 1991, for preference status under section 203(a)(3) or 
    section 203(a)(6) of such Act [8 U.S.C. 1153(a)(3), (6)] (as in 
    effect before such date)--
            ``(A) in order to maintain the priority date with respect to 
        such a petition, the petitioner must file (by not later than 
        October 1, 1993) a new petition for classification of the 
        employment under paragraph (1), (2), or (3) of section 203(b) of 
        such Act (as amended by this title), and
            ``(B) any labor certification under section 212(a)(5)(A) of 
        such Act required with respect to the new petition shall be 
        deemed approved if the labor certification with respect to the 
        previous petition was previously approved under section 
        212(a)(14) of such Act.
    In the case of a petition filed under section 204(a) of such Act 
    before October 1, 1991, but which is not described in paragraph (4), 
    and for which a filing fee was paid, any additional filing fee shall 
    not exceed one-half of the fee for the filing of the new petition 
    referred to in subparagraph (A).
        ``(2) Any petition filed under section 204(a) of the Immigration 
    and Nationality Act before October 1, 1991, for preference status 
    under section 203(a)(4) or section 203(a)(5) of such Act (as in 
    effect before such date) shall be deemed, as of such date, to be a 
    petition filed under such section for preference status under 
    section 203(a)(3) or section 203(a)(4), respectively, of such Act 
    (as amended by this title).
        ``(3) In the case of an alien who is described in section 
    203(a)(8) of the Immigration and Nationality Act (as in effect 
    before October 1, 1991) as the spouse or child of an alien admitted 
    for permanent residence as a preference immigrant under section 
    203(a)(3) or 203(a)(6) of such Act (as in effect before such date) 
    and who would be entitled to enter the United States under such 
    section 203(a)(8) but for the amendments made by this title [see 
    subsec. (a) above], such an alien shall be deemed to be described in 
    section 203(d) of such Act as the spouse or child of an alien 
    described in section 203(b)(2) or 203(b)(3)(A)(i), respectively, of 
    such Act with the same priority date as that of the principal alien.
        ``(4)(A) Subject to subparagraph (B), any petition filed before 
    October 1, 1991, and approved on any date, to accord status under 
    section 203(a)(3) or 203(a)(6) of the Immigration and Nationality 
    Act (as in effect before such date) shall be deemed, on and after 
    October 1, 1991 (or, if later, the date of such approval), to be a 
    petition approved to accord status under section 203(b)(2) or under 
    the appropriate classification under section 203(b)(3), 
    respectively, of such Act (as in effect on and after such date). 
    Nothing in this subparagraph shall be construed as exempting the 
    beneficiaries of such petitions from the numerical limitations under 
    section 203(b)(2) or 203(b)(3) of such Act.
        ``(B) Subparagraph (A) shall not apply more than two years after 
    the date the priority date for issuance of a visa on the basis of 
    such a petition has been reached.
    ``(d) Admissibility Standards.--When an immigrant, in possession of 
an unexpired immigrant visa issued before October 1, 1991, makes 
application for admission, the immigrant's admissibility under paragraph 
(7)(A) of section 212(a) of the Immigration and Nationality Act [8 
U.S.C. 1182(a)(7)(A)] shall be determined under the provisions of law in 
effect on the date of the issuance of such visa.
    ``(e) Construction.--Nothing in this title [see subsec. (a) above] 
shall be construed as affecting the provisions of section 19 of Public 
Law 97-116 [8 U.S.C. 1151 note], section 2(c)(1) of Public Law 97-271 [8 
U.S.C. 1255 note], or section 202(e) of Public Law 99-603 [8 U.S.C. 
1255a note].''
    [Section 219(aa) of Pub. L. 103-416 provided that the amendment made 
by that section to section 161(c)(3) of Pub. L. 101-649, set out above, 
is effective as if included in section 4 of Pub. L. 102-110, see below.]
    [Section 4 of Pub. L. 102-110 provided that the amendment made by 
that section, adding pars. (3) and (4) to section 161(c) of Pub. L. 101-
649, set out above, is effective as if included in the Immigration Act 
of 1990, Pub. L. 101-649.]
    Section 162(f)(3) of Pub. L. 101-649 provided that: ``The amendments 
made by this subsection [amending this section, section 1182 of this 
title, and provisions set out as a note under section 1255 of this 
title] shall apply as though included in the enactment of the 
Immigration Nursing Relief Act of 1989 [Pub. L. 101-238].''
    Section 203(d) of Pub. L. 101-649 provided that: ``The amendments 
made by this section [enacting section 1288 of this title and amending 
this section and section 1281 of this title] shall apply to services 
performed on or after 180 days after the date of the enactment of this 
Act [Nov. 29, 1990].''
    Section 231 of title II of Pub. L. 101-649 provided that: ``Except 
as otherwise provided in this title, this title, and the amendments made 
by this title [enacting section 1288 of this title, amending this 
section and sections 1182, 1184, 1187, 1281, and 1323 of this title, and 
enacting provisions set out as notes under this section and sections 
1182, 1184, 1187, and 1288 of this title], shall take effect on October 
1, 1991, except that sections 222 and 223 [enacting provisions set out 
as notes under this section] shall take effect on the date of the 
enactment of this Act [Nov. 29, 1990].''
    Amendment by section 407(a)(2) of Pub. L. 101-649 effective Nov. 29, 
1990, with general savings provisions, see section 408(a)(3), (d) of 
Pub. L. 101-649, set out as an Effective Date of 1990 Amendment; Savings 
Provisions note under section 1421 of this title.
    Section 501(b) of Pub. L. 101-649 provided that: ``The amendments 
made by subsection (a) [amending this section] shall apply to offenses 
committed on or after the date of the enactment of this Act [Nov. 29, 
1990], except that the amendments made by paragraphs (2) and (5) of 
subsection (a) shall be effective as if included in the enactment of 
section 7342 of the Anti-Drug Abuse Act of 1988 [Pub. L. 100-690].''
    Section 509(b) of Pub. L. 101-649, as amended by Pub. L. 102-232, 
title III, Sec. 306(a)(7), Dec. 12, 1991, 105 Stat. 1751, provided that: 
``The amendment made by subsection (a) [amending this section] shall 
take effect on the date of the enactment of this Act [Nov. 29, 1990] and 
shall apply to convictions occurring on or after such date, except with 
respect to conviction for murder which shall be considered a bar to good 
moral character regardless of the date of the conviction.''
    Section 601(e) of Pub. L. 101-649 provided that:
    ``(1) Except as provided in paragraph (2), the amendments made by 
this section [amending section 1182 of this title] and by section 603(a) 
of this Act [amending this section and sections 1102, 1153, 1157, 1159, 
1160, 1161, 1181, 1183, 1201, 1224, 1225, 1226, 1254a, 1255a, 1259, 
1322, and 1327 of this title, repealing section 2691 of Title 22, 
Foreign Relations and Intercourse, amending provisions set out as notes 
under this section and sections 1255 and 1255a of this title, and 
repealing provisions set out as notes under section 1182 of this title] 
shall apply to individuals entering the United States on or after June 
1, 1991.
    ``(2) The amendments made by paragraphs (5) and (13) of section 
603(a) [amending sections 1160 and 1255a of this title] shall apply to 
applications for adjustment of status made on or after June 1, 1991.''


                    Effective Date of 1989 Amendments

    Amendment by Pub. L. 101-238 applicable to classification petitions 
filed for nonimmigrant status only during the 5-year period beginning on 
the first day of the 9th month beginning after Dec. 18, 1989, see 
section 3(d) of Pub. L. 101-238, set out as a note under section 1182 of 
this title.
    Section 611(b) of Pub. L. 101-162 provided that: ``The amendment 
made by subsection (a) [amending this section] shall take effect on 
October 1, 1989, upon the expiration of the similar amendment made by 
section 210(a) of the Department of Justice Appropriations Act, 1989 
(title II of Public Law 100-459, 102 Stat. 2203).''


           Effective and Termination Dates of 1988 Amendments

    Section 2(s) of Pub. L. 100-525 provided that: ``The amendments made 
by this section [amending this section, sections 1160, 1161, 1184, 1186, 
1187, 1188, 1251, 1254, 1255, 1255a, 1259, 1324, 1324a, 1324b, and 1357 
of this title, section 1546 of Title 18, Crimes and Criminal Procedure, 
and section 1091 of Title 20, Education, amending provisions set out as 
notes under this section and sections 1188 and 1255a of this title and 
section 1802 of Title 29, Labor, and repealing provisions set out as a 
note under section 1255a of this title] shall be effective as if they 
were included in the enactment of the Immigration Reform and Control Act 
of 1986 [Pub. L. 99-603].''
    Section 309(b)(15) of Pub. L. 102-232 provided that: ``The 
amendments made by section 8 of the Immigration Technical Corrections 
Act of 1988 [Pub. L. 100-525, amending this section, sections 1152, 
1182, 1201 to 1202, 1301, 1302, 1304, 1356, 1409, 1431 to 1433, 1452, 
1481, and 1483 of this title, and section 4195 of Title 22, Foreign 
Relations and Intercourse, enacting provisions set out as notes under 
this section, sections 1153, 1201, 1401, 1409, 1451, and 1481 of this 
title, and section 4195 of Title 22, and amending provisions set out as 
notes under this section and section 1153 of this title] shall be 
effective as if included in the enactment of the Immigration and 
Nationality Act Amendments of 1986 (Public Law 99-653).''
    Section 210(b) of Pub. L. 100-459 provided that: ``The amendment 
made by subsection (a) [amending this section] shall take effect as if 
included in the enactment of section 315 of the Immigration Reform and 
Control Act of 1986 [Pub. L. 99-603] and shall expire on October 1, 
1989.''


                    Effective Date of 1986 Amendments

    Section 23(a) of Pub. L. 99-653, as added by Pub. L. 100-525, 
Sec. 8(r), Oct. 24, 1988, 102 Stat. 2618, provided that: ``The 
amendments made by sections 2, 4, and 7 [amending this section and 
sections 1152, 1182, 1228, 1251, and 1356 of this title] apply to visas 
issued, and admissions occurring, on or after November 14, 1986.''
    Amendment by section 301(a) of Pub. L. 99-603 applicable to 
petitions and applications filed under sections 1184(c) and 1188 of this 
title on or after the first day of the seventh month beginning after 
Nov. 6, 1986, see section 301(d) of Pub. L. 99-603, as amended, set out 
as an Effective Date note under section 1188 of this title.


                    Effective Date of 1981 Amendment

    Section 21 of Pub. L. 97-116 provided that:
    ``(a) Except as provided in subsection (b) and in section 5(c) [set 
out as a note under section 1182 of this title], the amendments made by 
this Act [see Short Title of 1981 Amendment note below] shall take 
effect on the date of the enactment of this Act [Dec. 29, 1981].
    ``(b)(1) The amendments made by section 2(a) [amending this section] 
shall apply on and after the first day of the sixth month beginning 
after the date of the enactment of this Act [Dec. 29, 1981].
    ``(2) The amendment made by section 16 [amending section 1455 of 
this title] shall apply to fiscal years beginning on or after October 1, 
1981.''


                    Effective Date of 1980 Amendment

    Section 204(a)-(c) of title II of Pub. L. 96-212 provided that:
    ``(a) Except as provided in subsections (b) and (c), this title and 
the amendments made by this title [enacting sections 1157, 1158, and 
1159 of this title, amending this section and sections 1151 to 1153, 
1181, 1182, 1253, and 1254 of this title, enacting provisions set out as 
notes under sections 1153, 1157, 1158, 1182, and 1521 of this title, and 
amending provisions set out as a note under sections 1182 and 1255 of 
this title] shall take effect on the date of the enactment of this Act 
[Mar. 17, 1980], and shall apply to fiscal years beginning with the 
fiscal year beginning October 1, 1979.
    ``(b)(1)(A) Section 207(c) of the Immigration and Nationality Act 
(as added by section 201(b) of this Act) [section 1157(c) of this title] 
and the amendments made by subsections (b), (c), and (d) of section 203 
of this Act [amending sections 1152, 1153, 1182, and 1254 of this title] 
shall take effect on April 1, 1980.
    ``(B) The amendments made by section 203(f) [amending section 1182 
of this title] shall apply to aliens paroled into the United States on 
or after the sixtieth day after the date of the enactment of this Act 
[Mar. 17, 1980].
    ``(C) The amendments made by section 203(i) [amending section 1153 
of this title and provisions set out as notes under section 1255 of this 
title] shall take effect immediately before April 1, 1980.
    ``(2) Notwithstanding sections 207(a) and 209(b) of the Immigration 
and Nationality Act (as added by section 201(b) of this Act) [sections 
1157(a) and 1159(b) of this title], the fifty thousand and five thousand 
numerical limitations specified in such respective sections shall, for 
fiscal year 1980, be equal to 25,000 and 2,500, respectively.
    ``(3) Notwithstanding any other provision of law, for fiscal year 
1980--
        ``(A) the fiscal year numerical limitation specified in section 
    201(a) of the Immigration and Nationality Act [section 1151(a) of 
    this title] shall be equal to 280,000, and
        ``(B) for the purpose of determining the number of immigrant 
    visa and adjustments of status which may be made available under 
    sections 203(a)(2) and 202(e)(2) of such Act [sections 1153(a)(2) 
    and 1152(e)(2) of this title], the granting of a conditional entry 
    or adjustment of status under section 203(a)(7) or 202(e)(7) of such 
    Act after September 30, 1979, and before April 1, 1980, shall be 
    considered to be the granting of an immigrant visa under section 
    203(a)(2) or 202(e)(2), respectively, of such Act during such 
    period.
    ``(c)(1) The repeal of subsections (g) and (h) of section 203 of the 
Immigration and Nationality Act, made by section 203(c)(8) of this title 
[section 1153(g) and (h) of this title], shall not apply with respect to 
any individual who before April 1, 1980, was granted a conditional entry 
under section 203(a)(7) of the Immigration and Nationality Act (and 
under section 202(e)(7) of such Act [section 1152(e)(7) of this title], 
if applicable), as in effect immediately before such date, and it shall 
not apply to any alien paroled into the United States before April 1, 
1980, who is eligible for the benefits of section 5 of Public Law 95-412 
[set out as a note under section 1182 of this title].
    ``(2) An alien who, before April 1, 1980, established a date of 
registration at an immigration office in a foreign country on the basis 
of entitlement to a conditional entrant status under section 203(a)(7) 
of the Immigration and Nationality Act (as in effect before such date) 
[section 1153(a)(7) of this title], shall be deemed to be entitled to 
refugee status under section 207 of such Act (as added by section 201(b) 
of this title) [section 1157 of this title] and shall be accorded the 
date of registration previously established by that alien. Nothing in 
this paragraph shall be construed to preclude the acquisition by such an 
alien of a preference status under section 203(a) of such Act.
    ``(3) The provisions of paragraphs (14), (15), (20), (21), (25), and 
(32) if section 212(a) of the Immigration and Nationality Act [former 
section 1182(a)(14), (15), (20), (21), (25), and (32) of this title] 
shall not be applicable to any alien who has entered the United States 
before April 1, 1980, pursuant to section 203(a)(7) of such Act [section 
1153(a)(7) of this title] or who has been paroled as a refugee into the 
United States under section 212(d)(5) of such Act, and who is seeking 
adjustment of status, and the Attorney General may waive any other 
provision of section 212(a) of such Act (other than paragraph (27), 
(29), or (33) and other than so much of paragraph (23) as relates to 
trafficking in narcotics) with respect to such an alien for humanitarian 
purposes, to assure family unity, or when it is otherwise in the public 
interest.''


                    Effective Date of 1979 Amendment

    Section 3201(d)(1) of Pub. L. 96-70 provided that: ``The amendments 
made by this section [amending this section and section 1182 of this 
title] shall take effect on the date of the enactment of this Act [Sept. 
27, 1979].''


                    Effective Date of 1977 Amendment

    Section 602(d) of Pub. L. 94-484, as added by Pub. L. 95-83, title 
III, Sec. 307(q)(3), Aug. 1, 1977, 91 Stat. 395, provided that: ``This 
section [amending this section and enacting provisions set out as a note 
under section 1182 of this title] and the amendment made by subsection 
(c) [amending this section] are effective January 10, 1977, and the 
amendments made by subsections (b)(4) and (d) of section 601 [amending 
this section and section 1182 of this title] shall apply only on and 
after January 10, 1978, notwithstanding subsection (f) of such section 
[set out as an Effective Date of 1976 Amendments note under section 1182 
of this title].''


                    Effective Date of 1976 Amendments

    Section 10 of Pub. L. 94-571 provided that: ``The foregoing 
provisions of this Act, including the amendments made by such provisions 
[see Short Title of 1976 Amendment note below], shall become effective 
on the first day of the first month which begins more than sixty days 
after the date of enactment of this Act [Oct. 20, 1976].''
    Amendment by section 601(b)(4) 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 
above.
    Amendment by Pub. L. 94-484 effective ninety days after Oct. 12, 
1976, see section 601(f) of Pub. L. 94-484, set out as a note under 
section 1182 of this title.


                    Effective Date of 1965 Amendment

    For effective date of amendment by Pub. L. 89-236, see section 20 of 
Pub. L. 89-236, set out as a note under section 1151 of this title.


                             Effective Date

    Section 407 of act June 27, 1952, provided that: ``Except as 
provided in subsection (k) of section 401 [former section 1106(k) of 
this title], this Act [this chapter] shall take effect at 12:01 ante 
meridian United States Eastern Standard Time on the one hundred 
eightieth day immediately following the date of its enactment [June 27, 
1952].''


                     Short Title of 2000 Amendments

    Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XV, Sec. 1501], Dec. 
21, 2000, 114 Stat. 2763, 2763A-324, provided that: ``This title 
[amending section 1255 of this title, enacting provisions set out as 
notes under section 1255 of this title, and amending provisions set out 
as notes under this section and section 1255 of this title] may be cited 
as the `LIFE Act Amendments of 2000'.''
    Pub. L. 106-553, Sec. 1(a)(2) [title XI, Sec. 1101], Dec. 21, 2000, 
114 Stat. 2762, 2762A-142, provided that: ``This title [amending this 
section and sections 1184, 1186a, and 1255 of this title, and enacting 
provisions set out as notes under this section] may be cited as--
        ``(1) the `Legal Immigration Family Equity Act'; or
        ``(2) the `LIFE Act'.''
    Pub. L. 106-409, Sec. 1, Nov. 1, 2000, 114 Stat. 1787, provided 
that: ``This Act [amending this section and enacting provisions set out 
as a note under this section] may be cited as the `Religious Workers Act 
of 2000'.''
    Pub. L. 106-406, Sec. 1, Nov. 1, 2000, 114 Stat. 1755, provided 
that: ``This Act [amending section 1229c of this title] may be cited as 
the `International Patient Act of 2000'.''
    Pub. L. 106-396, Sec. 1, Oct. 30, 2000, 114 Stat. 1637, provided 
that: ``This Act [amending sections 1182, 1184, 1187, and 1372 of this 
title, enacting provisions set out as a note under section 1187 of this 
title and classified as a note under section 763 of Title 47, 
Telegraphs, Telephones, and Radiotelegraphs, and amending provisions set 
out as a note under section 1153 of this title] may be cited as the 
`Visa Waiver Permanent Program Act'.''
    Pub. L. 106-395, Sec. 1, Oct. 30, 2000, 114 Stat. 1631, provided 
that: ``This Act [amending this section, sections 1182, 1227, 1431, and 
1433 of this title, and sections 611 and 1015 of Title 18, Crimes and 
Criminal Procedure, repealing section 1432 of this title, and enacting 
provisions set out as notes under this section, sections 1182, 1227, and 
1431 of this title, and section 611 of Title 18] may be cited as the 
`Child Citizenship Act of 2000'.''
    Pub. L. 106-386, div. B, title V, Sec. 1501, Oct. 28, 2000, 114 
Stat. 1518, provided that: ``This title [amending this section, sections 
1151, 1154, 1182, 1184, 1227, 1229a, 1229b, 1255, 1367, 1430, and 1641 
of this title, section 1152 of Title 20, Education, and sections 3796gg, 
3796hh, and 1397l of Title 42, The Public Health and Welfare, enacting 
provisions set out as notes under this section and sections 1229a, 
1229b, and 1255 of this title, and amending provisions set out as notes 
under this section and section 1255 of this title] may be cited as the 
`Battered Immigrant Women Protection Act of 2000'.''
    Pub. L. 106-313, title I, Sec. 101, Oct. 17, 2000, 114 Stat. 1251, 
provided that: ``This title [amending sections 1152, 1154, 1182, 1184, 
and 1356 of this title, section 2916a of Title 29, Labor, and section 
1869c of Title 42, The Public Health and Welfare, enacting provisions 
set out as notes under this section, sections 1153, 1184, and 1356 of 
this title, section 2701 of Title 29, and sections 1862 and 13751 of 
Title 42, and amending provisions set out as a note under section 1182 
of this title] may be cited as the `American Competitiveness in the 
Twenty-first Century Act of 2000'.''
    Pub. L. 106-215, Sec. 1, June 15, 2000, 114 Stat. 337, provided 
that: ``This Act [amending section 1365a of this title and enacting 
provisions set out as a note under section 1365a of this title] may be 
cited as the `Immigration and Naturalization Service Data Management 
Improvement Act of 2000'.''


                      Short Title of 1999 Amendment

    Pub. L. 106-95, Sec. 1, Nov. 12, 1999, 113 Stat. 1312, provided 
that: ``This Act [amending this section and sections 1153 and 1182 of 
this title, enacting provisions set out as a note under section 1182 of 
this title, and amending provisions set out as a note under this 
section] may be cited as the `Nursing Relief for Disadvantaged Areas Act 
of 1999'.''


                      Short Title of 1998 Amendment

    Pub. L. 105-277, div. A, Sec. 101(h) [title IX, Sec. 901], Oct. 21, 
1998, 112 Stat. 2681-480, 2681-538, provided that: ``This title 
[enacting sections 1377 and 1378 of this title and provisions set out as 
a note under section 1255 of this title] may be cited as the `Haitian 
Refugee Immigration Fairness Act of 1998'.''
    Pub. L. 105-277, div. C, title IV, Sec. 401(a), Oct. 21, 1998, 112 
Stat. 2681-641, provided that: ``This title [enacting section 1869c of 
Title 42, The Public Health and Welfare, amending this section and 
sections 1182, 1184, and 1356 of this title, and enacting provisions set 
out as notes under sections 1182 and 1184 of this title and sections 
2701 and 2916 of Title 29, Labor] may be cited as the `American 
Competitiveness and Workforce Improvement Act of 1998'.''


                     Short Title of 1997 Amendments

    Section 112(a) of Pub. L. 105-119 provided that: ``This section 
[enacting, amending, and repealing provisions set out as notes under 
section 1440 of this title] may be cited as the `Philippine Army, 
Scouts, and Guerilla Veterans of World War II Naturalization Act of 
1997'.''
    Pub. L. 105-100, title II, Sec. 201, Nov. 19, 1997, 111 Stat. 2193, 
provided that: ``This title [amending section 1229b of this title, 
enacting provisions set out as notes under this section and sections 
1151, 1153, 1229b, and 1255 of this title, and amending provisions set 
out as a note under this section] may be cited as the `Nicaraguan 
Adjustment and Central American Relief Act'.''


                      Short Title of 1996 Amendment

    Section 1(a) of div. C of Pub. L. 104-208 provided that: ``This 
division [see Tables for classification] may be cited as the `Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996'.''


                      Short Title of 1994 Amendment

    Section 1 of Pub. L. 103-416 provided that: ``This Act [see Tables 
for classification] may be cited as the `Immigration and Nationality 
Technical Corrections Act of 1994'.''


                     Short Title of 1991 Amendments

    Section 1(a) of Pub. L. 102-232 provided that: ``This Act [amending 
this section, sections 1102, 1105a, 1151 to 1154, 1157, 1159 to 1161, 
1182, 1184, 1186a to 1188, 1201, 1221, 1226, 1227, 1229, 1251, 1252, 
1252a, 1252b, 1254 to 1255a, 1281, 1282, 1284, 1288, 1322, 1323, 1324a 
to 1324c, 1325, 1356, 1357, 1421, 1423, 1424, 1433, 1439 to 1441, 1443, 
1445 to 1452, and 1455 of this title, and section 3753 of Title 42, The 
Public Health and Welfare, enacting provisions set out as notes under 
this section and sections 1151, 1157, 1160, 1182, 1184, 1251, 1252, 
1254a, 1255, 1356, and 1421 of this title, and amending provisions set 
out as notes under this section and sections 1105a, 1153, 1158, 1160, 
1184, 1201, 1251, 1254a, 1255, and 1421 of this title] may be cited as 
the `Miscellaneous and Technical Immigration and Naturalization 
Amendments of 1991'.''
    Section 101 of title I of Pub. L. 102-232 provided that: ``This 
title [amending sections 1421, 1448, 1450, and 1455 of this title and 
enacting provisions set out as a note under section 1421 of this title] 
may be cited as the `Judicial Naturalization Ceremonies Amendments of 
1991'.''
    Section 201 of title II of Pub. L. 102-232 provided that: ``This 
title [amending this section and section 1184 of this title and enacting 
provisions set out as notes under this section and section 1184 of this 
title] may be cited as the `O and P Nonimmigrant Amendments of 1991'.''
    Section 301(a) of title III of Pub. L. 102-232 provided that: ``This 
title [amending this section, sections 1102, 1105a, 1151 to 1154, 1157, 
1159 to 1161, 1182, 1184, 1186a to 1188, 1201, 1221, 1226, 1227, 1229, 
1251, 1252, 1252a, 1252b, 1254 to 1255a, 1281, 1282, 1284, 1288, 1322, 
1323, 1324a to 1324c, 1325, 1356, 1357, 1421, 1423, 1424, 1433, 1439 to 
1441, 1443, 1445 to 1449, 1451, 1452, and 1455 of this title, and 
section 3753 of Title 42, The Public Health and Welfare, enacting 
provisions set out as notes under this section and sections 1151, 1157, 
1160, 1182, 1251, 1252, 1254a, 1255, and 1356 of this title, and 
amending provisions set out as notes under this section and sections 
1105a, 1153, 1158, 1160, 1184, 1201, 1251, 1254a, 1255, and 1421 of this 
title] may be cited as the `Immigration Technical Corrections Act of 
1991'.''
    Section 1 of Pub. L. 102-110 provided that: ``This Act [amending 
this section and sections 1153, 1255, and 1524 of this title and 
enacting and amending provisions set out as notes under this section] 
may be cited as the `Armed Forces Immigration Adjustment Act of 1991'.''


                     Short Title of 1990 Amendments

    Section 1(a) of Pub. L. 101-649 provided that: ``This Act [see 
Tables for classification] may be cited as the `Immigration Act of 
1990'.''
    Pub. L. 101-249, Sec. 1, Mar. 6, 1990, 104 Stat. 94, provided that: 
``This Act [enacting section 1440-1 of this title] may be cited as the 
`Posthumous Citizenship for Active Duty Service Act of 1989'.''


                      Short Title of 1989 Amendment

    Section 1 of Pub. L. 101-238 provided that: ``This Act [amending 
this section and sections 1160 and 1182 of this title, enacting 
provisions set out as notes under sections 1182, 1255, 1255a, and 1324a 
of this title, and amending provisions set out as a note under section 
1255a of this title] may be cited as the `Immigration Nursing Relief Act 
of 1989'.''


                     Short Title of 1988 Amendments

    Pub. L. 100-658, Sec. 1, Nov. 15, 1988, 102 Stat. 3908, provided 
that: ``This Act [enacting provisions set out as notes under this 
section and section 1153 of this title and amending provisions set out 
as a note under section 1153 of this title] may be cited as the 
`Immigration Amendments of 1988'.''
    Section 1(a) of Pub. L. 100-525 provided that: ``This Act [amending 
this section, sections 1102, 1103, 1104, 1105a, 1152, 1154, 1157, 1160, 
1161, 1182, 1184, 1186, 1186a, 1187, 1188, 1201, 1201a, 1202, 1222, 
1223, 1224, 1227, 1251, 1252, 1254, 1255, 1255a, 1255b, 1259, 1301, 
1302, 1304, 1305, 1324, 1324a, 1324b, 1353, 1356, 1357, 1360, 1408, 
1409, 1421, 1422, 1424, 1426, 1431, 1432, 1433, 1435, 1440, 1441, 1446, 
1447, 1451, 1452, 1454, 1455, 1459, 1481, 1483, 1489, 1522, 1523, and 
1524 of this title, section 1546 of Title 18, Crimes and Criminal 
Procedure, section 1091 of Title 20, Education, and section 4195 of 
Title 22, Foreign Relations and Intercourse, enacting provisions set out 
as notes under this section and sections 1153, 1182, 1201, 1227, 1254, 
1255, 1356, 1401, 1409, 1451, 1481, and 1522 of this title and section 
4195 of Title 22, amending provisions set out as notes under this 
section and sections 1153, 1182, 1188, and 1255a of this title and 
section 1802 of Title 29, Labor, and repealing provisions set out as a 
note under section 1255a of this title] may be cited as the `Immigration 
Technical Corrections Act of 1988'.''


                     Short Title of 1986 Amendments

    Section 1(a) of Pub. L. 99-653, as amended by Pub. L. 100-525, 
Sec. 8(a)(1), Oct. 24, 1988, 102 Stat. 2617, provided that: ``this Act 
[amending this section, sections 1152, 1182, 1201, 1202, 1228, 1251, 
1301, 1302, 1304, 1401, 1409, 1431 to 1433, 1451, 1452, 1481, and 1483 
of this title, and section 4195 of Title 22, Foreign Relations and 
Intercourse, and repealing section 1201a of this title and provisions 
set out as notes under section 1153 of this title] may be cited as the 
`Immigration and Nationality Act Amendments of 1986'.''
    Pub. L. 99-639, Sec. 1, Nov. 10, 1986, 100 Stat. 3537, provided 
that: ``This Act [enacting section 1186a of this title, amending 
sections 1154, 1182, 1184, 1251, 1255, and 1325 of this title, and 
enacting provisions set out as notes under sections 1154, 1182, 1184, 
and 1255 of this title] may be cited as the `Immigration Marriage Fraud 
Amendments of 1986'.''
    Pub. L. 99-605, Sec. 1(a), Nov. 6, 1986, 100 Stat. 3449, provided 
that: ``This Act [amending sections 1522 to 1524 of this title and 
enacting provisions set out as notes under section 1522 of this title] 
may be cited as the `Refugee Assistance Extension Act of 1986'.''
    Section 1(a) of Pub. L. 99-603 provided that: ``This Act [enacting 
sections 1160, 1161, 1186, 1187, 1255a, 1324a, 1324b, 1364, and 1365 of 
this title and section 1437r of Title 42, The Public Health and Welfare, 
amending this section, sections 1152, 1184, 1251, 1252, 1254, 1255, 
1258, 1259, 1321, 1324, and 1357 of this title, section 2025 of Title 7, 
Agriculture, section 1546 of Title 18, Crimes and Criminal Procedure, 
sections 1091 and 1096 of Title 20, Education, sections 1802, 1813, and 
1851 of Title 29, Labor, and sections 303, 502, 602, 603, 672, 673, 
1203, 1320b-7, 1353, 1396b, and 1436a of Title 42, repealing section 
1816 of Title 29, enacting provisions set out as notes under this 
section and sections 1152, 1153, 1160, 1186, 1187, 1253, 1255a, 1259, 
1324a, and 1324b of this title, section 1802 of Title 29, and sections 
405, 502, and 1320b-7 of Title 42, and amending provisions set out as 
notes under this section and section 1383 of Title 42] may be cited as 
the `Immigration Reform and Control Act of 1986'.''


                      Short Title of 1982 Amendment

    Pub. L. 97-363, Sec. 1, Oct. 25, 1982, 96 Stat. 1734, provided that: 
``This Act [amending sections 1522, 1523, and 1524 of this title and 
enacting provisions set out as a note under section 1522 of this title] 
may be cited as the `Refugee Assistance Amendments of 1982'.''


                      Short Title of 1981 Amendment

    Section 1(a) of Pub. L. 97-116 provided that: ``this Act [amending 
this section, sections 1105a, 1151, 1152, 1154, 1182, 1201, 1203, 1221, 
1227, 1251, 1252, 1253, 1254, 1255, 1255b, 1258, 1305, 1324, 1356, 1361, 
1401a, 1409, 1427, 1431, 1432, 1433, 1439, 1440, 1445, 1446, 1447, 1448, 
1452, 1455, 1481, and 1483 of this title, and section 1429 of Title 18, 
Crimes and Criminal Procedure, enacting provisions set out as notes 
under this section and sections 1151 and 1182 of this title, amending a 
provision set out as a note under this section, and repealing a 
provision set out as a note under section 1182 of this title] may be 
cited as the `Immigration and Nationality Act Amendments of 1981'.''


                      Short Title of 1980 Amendment

    Section 1 of Pub. L. 96-212 provided: ``That this Act [enacting 
sections 1157 to 1159 and 1521 to 1525 of this title, amending this 
section, sections 1151 to 1153, 1181, 1182, 1253, and 1254 of this 
title, and section 2601 of Title 22, Foreign Relations and Intercourse, 
enacting provision set out as notes under this section and sections 
1153, 1157, 1158, 1521, and 1522 of this title, amending provisions set 
out as notes under sections 1182 and 1255 of this title, and repealing 
provisions set out as a note under section 2601 of Title 22] may be 
cited as the `Refugee Act of 1980'.''


                      Short Title of 1976 Amendment

    Section 1 of Pub. L. 94-571 provided: ``That this Act [amending this 
section and sections 1151, 1152 to 1154, 1181, 1182, 1251, 1254, and 
1255 of this title and enacting provisions set out as notes under this 
section and sections 1153 and 1255 of this title] may be cited as the 
`Immigration and Nationality Act Amendments of 1976'.''


                               Short Title

    Section 1 of act June 27, 1952, provided that such act, enacting 
this chapter, section 1429 of Title 18, Crimes and Criminal Procedure, 
amending sections 1353a, 1353d, 1552 of this title, sections 342b, 342c, 
342e of former Title 5, Executive Departments and Government Officers 
and Employees, sections 1114, 1546 of Title 18, sections 618, 1446 of 
Title 22, Foreign Relations and Intercourse, sections 1, 177 of former 
Title 49, Transportation, sections 1952 to 1955 and 1961 of Title 50 
App., War and National Defense, repealing section 530 of former Title 
31, Money and Finance, enacting provisions set out as notes under this 
section and amending provisions set out as notes under sections 1435 and 
1440 of this title, may be cited as the ``Immigration and Nationality 
Act''.


                           Repeal and Revival

    Section 8(b) of Pub. L. 100-525 provided that: ``Section 3 of INAA 
[Pub. L. 99-653, repealing subsec. (c)(1) of this section] is repealed 
and the language stricken by such section is revived as of November 14, 
1986.''


                                 Repeals

    Section 403(b) of act June 27, 1952, provided that: ``Except as 
otherwise provided in section 405 [set out below], all other laws, or 
parts of laws, in conflict or inconsistent with this Act [this chapter] 
are, to the extent of such conflict or inconsistency, repealed.''


                               Regulations

    Section 303(a)(8) of Pub. L. 102-232 provided that: ``The Secretary 
of Labor shall issue final or interim final regulations to implement the 
changes made by this section to section 101(a)(15)(H)(i)(b) and section 
212(n) of the Immigration and Nationality Act [8 U.S.C. 
1101(a)(15)(H)(i)(b), 1182(n)] no later than January 2, 1992.''
    Pub. L. 102-140, title VI, Sec. 610, Oct. 28, 1991, 105 Stat. 832, 
as amended by Pub. L. 103-416, title II, Sec. 219(l)(2), Oct. 25, 1994, 
108 Stat. 4317, provided that:
    ``(a) The Attorney General shall prescribe regulations under title 
5, United States Code, to carry out section 404(b)(1) of the Immigration 
and Nationality Act [act June 27, 1952, as amended, set out as a note 
above], including a delineation of (1) scenarios that constitute an 
immigration emergency, (2) the process by which the President declares 
an immigration emergency, (3) the role of the Governor and local 
officials in requesting a declaration of emergency, (4) a definition of 
`assistance as required by the Attorney General', and (5) the process by 
which States and localities are to be reimbursed.
    ``(b) The Attorney General shall prescribe regulations under title 
5, United States Code, to carry out section 404(b)(2) of such Act, 
including providing a definition of the terms in section 
404(b)(2)(A)(ii) and a delineation of `in any other circumstances' in 
section 404(b)(2)(A)(iii) of such Act.
    ``(c) The regulations under this section shall be published for 
comment not later than 30 days after the date of enactment of this Act 
[Oct. 28, 1991] and issued in final form not later than 15 days after 
the end of the comment period.''


                             Savings Clause

    Section 405 of act June 27, 1952, provided in part that:
    ``(a) Nothing contained in this Act [this chapter], unless otherwise 
specifically provided therein, shall be construed to affect the validity 
of any declaration of intention, petition for naturalization, 
certificate of naturalization, certificate of citizenship, warrant of 
arrest, order or warrant of deportation, order of exclusion, or other 
document or proceeding which shall be valid at the time this Act [this 
chapter] shall take effect; or to affect any prosecution, suit, action, 
or proceedings, civil or criminal, brought, or any status, condition, 
right in process of acquisition, act, thing, liability, obligation, or 
matter, civil or criminal done or existing, at the time this Act [this 
chapter] shall take effect; but as to all such prosecutions, suits, 
actions, proceedings, statutes, conditions, rights, acts, things, 
liabilities, obligations, or matters the statutes or parts of statutes 
repealed by this Act [this chapter] are, unless otherwise specifically 
provided therein, hereby continued in force and effect. When an 
immigrant, in possession of an unexpired immigrant visa issued prior to 
the effective date of this Act [this chapter], makes application for 
admission, his admissibility shall be determined under the provisions of 
law in effect on the date of the issuance of such visa. An application 
for suspension of deportation under section 19 of the Immigration Act of 
1917, as amended [former section 155 of this title], or for adjustment 
of status under section 4 of the Displaced Persons Act of 1948, as 
amended [former section 1953 of Appendix to Title 50], which is pending 
on the date of enactment of this Act [June 27, 1952], shall be regarded 
as a proceeding within the meaning of this subsection.
    ``(b) Except as otherwise specifically provided in title III 
[subchapter III of this chapter], any petition for naturalization 
heretofore filed which may be pending at the time this Act [this 
chapter] shall take effect shall be heard and determined in accordance 
with the requirements of law in effect when such petition was filed.
    ``(c) Except as otherwise specifically provided in this Act [this 
chapter], the repeal of any statute by this Act [this chapter] shall not 
terminate nationality heretofore lawfully acquired nor restore 
nationality heretofore lost under any law of the United States or any 
treaty to which the United States may have been a party.
    ``(d) Except as otherwise specifically provided in this Act [this 
chapter], or any amendment thereto, fees, charges and prices for 
purposes specified in title V of the Independent Offices Appropriation 
Act, 1952 (Public Law 137, Eighty-second Congress, approved August 31, 
1951), may be fixed and established in the manner and by the head of any 
Federal Agency as specified in that Act.
    ``(e) This Act [this chapter] shall not be construed to repeal, 
alter, or amend section 231(a) of the Act of April 30, 1946 (60 Stat. 
148; [section 1281(a) of title 22]), the Act of June 20, 1949 (Public 
Law 110, section 8, Eighty-first Congress, first session; 63 Stat. 208 
[section 403h of title 50]), the Act of June 5, 1950 (Public Law 535, 
Eighty-first Congress, second session [former section 1501 et seq. of 
title 22]), nor title V of the Agricultural Act of 1949, as amended 
(Public Law 78, Eighty-second Congress, first session [former sections 
1461 to 1468 of title 7]).''


                              Separability

    Pub. L. 106-313, title I, Sec. 116, Oct. 17, 2000, 114 Stat. 1262, 
provided that: ``If any provision of this title [see Short Title of 2000 
Amendments note above] (or any amendment made by this title) or the 
application thereof to any person or circumstance is held invalid, the 
remainder of the title (and the amendments made by this title) and the 
application of such provision to any other person or circumstance shall 
not be affected thereby. This section be enacted [sic] 2 days after 
effective date.''
    Section 1(e) of div. C of Pub. L. 104-208 provided that: ``If any 
provision of this division [see Tables for classification] or the 
application of such provision to any person or circumstances is held to 
be unconstitutional, the remainder of this division and the application 
of the provisions of this division to any person or circumstance shall 
not be affected thereby.''
    Section 406 of act June 27, 1952, provided that: ``If any particular 
provision of this Act [this chapter], or the application thereof to any 
person or circumstance, is held invalid, the remainder of the Act [this 
chapter] and the application of such provision to other persons or 
circumstances shall not be affected thereby.''

                          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.


                      Admission of Alaska as State

    Effectiveness of amendment of this section by Pub. L. 85-508 as 
dependent on admission of State of Alaska into the Union, see section 
8(b) of Pub. L. 85-508, set out as a note preceding section 21 of Title 
48, Territories and Insular Possessions.


                      Admission of Hawaii as State

    Admission of Hawaii into the Union was accomplished Aug. 21, 1959, 
on issuance of Proc. No. 3309, Aug. 25, 1959, 25 F.R. 6868, 73 Stat. 
c74, as required by sections 1 and 7(c) of Pub. L. 86-3, Mar. 18, 1959, 
73 Stat. 4, set out as notes preceding former section 491 of Title 48, 
Territories and Insular Possessions.


                             Appropriations

    Section 404 of act June 27, 1952, as amended by acts Dec. 29, 1981, 
Pub. L. 97-116, Sec. 18(s), 95 Stat. 1621; Nov. 6, 1986, Pub. L. 99-603, 
title I, Sec. 113, 100 Stat. 3383; Nov. 29, 1990, Pub. L. 101-649, title 
VII, Sec. 705(a), 104 Stat. 5087; Dec. 12, 1991, Pub. L. 102-232, title 
III, Sec. 308(d), 105 Stat. 1757, provided that:
    ``(a) There are authorized to be appropriated such sums as may be 
necessary to carry out the provisions of this Act [this chapter] (other 
than chapter 2 of title IV) [subchapter IV of this chapter].
    ``(b)(1) There are authorized to be appropriated (for fiscal year 
1991 and any subsequent fiscal year) to an immigration emergency fund, 
to be established in the Treasury, an amount sufficient to provide for a 
balance of $35,000,000 in such fund, to be used to carry out paragraph 
(2) and to provide for an increase in border patrol or other enforcement 
activities of the Service and for reimbursement of State and localities 
in providing assistance as requested by the Attorney General in meeting 
an immigration emergency, except that no amounts may be withdrawn from 
such fund with respect to an emergency unless the President has 
determined that the immigration emergency exists and has certified such 
fact to the Judiciary Committees of the House of Representatives and of 
the Senate.
    ``(2)(A) Funds which are authorized to be appropriated by paragraph 
(1), subject to the dollar limitation contained in subparagraph (B), 
shall be available, by application for the reimbursement of States and 
localities providing assistance as required by the Attorney General, to 
States and localities whenever--
        ``(i) a district director of the Service certifies to the 
    Commissioner that the number of asylum applications filed in the 
    respective district during a calendar quarter exceeds by at least 
    1,000 the number of such applications filed in that district during 
    the preceding calendar quarter,
        ``(ii) the lives, property, safety, or welfare of the residents 
    of a State or locality are endangered, or
        ``(iii) in any other circumstances as determined by the Attorney 
    General.
In applying clause (i), the providing of parole at a point of entry in a 
district shall be deemed to constitute an application for asylum in the 
district.
    ``(B) Not more than $20,000,000 shall be made available for all 
localities under this paragraph.
    ``(C) For purposes of subparagraph (A), the requirement of paragraph 
(1) that an immigration emergency be determined shall not apply.
    ``(D) A decision with respect to an application for reimbursement 
under subparagraph (A) shall be made by the Attorney General within 15 
days after the date of receipt of the application.''
    [Section 705(b) of Pub. L. 101-649 provided that: ``Section 
404(b)(2)(A)(i) of the Immigration and Nationality Act [act June 27, 
1952, set out above], as added by the amendment made by subsection 
(a)(5), shall apply with respect to increases in the number of asylum 
applications filed in a calendar quarter beginning on or after January 
1, 1989. The Attorney General may not spend any amounts from the 
immigration emergency fund pursuant to the amendments made by subsection 
(a) [amending section 404 of act June 27, 1952, set out above] before 
October 1, 1991.'']
    [Determination of President of the United States, No. 97-16, Feb. 
12, 1997, 62 F.R. 13981, provided that immigration emergency determined 
by President in 1995 to exist with respect to smuggling into United 
States of illegal aliens persisted and directed use of Immigration 
Emergency Fund established by section 404(b)(1) of act June 27, 1952, 
set out above.
    [Prior determination was contained in the following:
    [Determination of President of the United States, No. 95-49, Sept. 
28, 1995, 60 F.R. 53677.]


             Battered Immigrant Women; Findings and Purposes

    Pub. L. 106-386, div. B, title V, Sec. 1502, Oct. 28, 2000, 114 
Stat. 1518, provided that:
    ``(a) Findings.--Congress finds that--
        ``(1) the goal of the immigration protections for battered 
    immigrants included in the Violence Against Women Act of 1994 [Pub. 
    L. 103-322, title IV, see Tables for classification] was to remove 
    immigration laws as a barrier that kept battered immigrant women and 
    children locked in abusive relationships;
        ``(2) providing battered immigrant women and children who were 
    experiencing domestic violence at home with protection against 
    deportation allows them to obtain protection orders against their 
    abusers and frees them to cooperate with law enforcement and 
    prosecutors in criminal cases brought against their abusers and the 
    abusers of their children without fearing that the abuser will 
    retaliate by withdrawing or threatening withdrawal of access to an 
    immigration benefit under the abuser's control; and
        ``(3) there are several groups of battered immigrant women and 
    children who do not have access to the immigration protections of 
    the Violence Against Women Act of 1994 which means that their 
    abusers are virtually immune from prosecution because their victims 
    can be deported as a result of action by their abusers and the 
    Immigration and Naturalization Service cannot offer them protection 
    no matter how compelling their case under existing law.
    ``(b) Purposes.--The purposes of this title [see Short Title of 2000 
Amendments note above] are--
        ``(1) to remove barriers to criminal prosecutions of persons who 
    commit acts of battery or extreme cruelty against immigrant women 
    and children; and
        ``(2) to offer protection against domestic violence occurring in 
    family and intimate relationships that are covered in State and 
    tribal protection orders, domestic violence, and family law 
    statutes.''


Protection for Certain Crime Victims Including Victims of Crimes Against 
                                  Women

    Pub. L. 106-386, div. B, title V, Sec. 1513(a), Oct. 28, 2000, 114 
Stat. 1533, provided that:
    ``(a) Findings and Purpose.--
        ``(1) Findings.--Congress makes the following findings:
            ``(A) Immigrant women and children are often targeted to be 
        victims of crimes committed against them in the United States, 
        including rape, torture, kidnaping, trafficking, incest, 
        domestic violence, sexual assault, female genital mutilation, 
        forced prostitution, involuntary servitude, being held hostage 
        or being criminally restrained.
            ``(B) All women and children who are victims of these crimes 
        committed against them in the United States must be able to 
        report these crimes to law enforcement and fully participate in 
        the investigation of the crimes committed against them and the 
        prosecution of the perpetrators of such crimes.
        ``(2) Purpose.--
            ``(A) The purpose of this section [amending this section and 
        sections 1182, 1184, 1255, and 1367 of this title] is to create 
        a new nonimmigrant visa classification that will strengthen the 
        ability of law enforcement agencies to detect, investigate, and 
        prosecute cases of domestic violence, sexual assault, 
        trafficking of aliens, and other crimes described in section 
        101(a)(15)(U)(iii) of the Immigration and Nationality Act [8 
        U.S.C. 1101(a)(15)(U)(iii)] committed against aliens, while 
        offering protection to victims of such offenses in keeping with 
        the humanitarian interests of the United States. This visa will 
        encourage law enforcement officials to better serve immigrant 
        crime victims and to prosecute crimes committed against aliens.
            ``(B) Creating a new nonimmigrant visa classification will 
        facilitate the reporting of crimes to law enforcement officials 
        by trafficked, exploited, victimized, and abused aliens who are 
        not in lawful immigration status. It also gives law enforcement 
        officials a means to regularize the status of cooperating 
        individuals during investigations or prosecutions. Providing 
        temporary legal status to aliens who have been severely 
        victimized by criminal activity also comports with the 
        humanitarian interests of the United States.
            ``(C) Finally, this section gives the Attorney General 
        discretion to convert the status of such nonimmigrants to that 
        of permanent residents when doing so is justified on 
        humanitarian grounds, for family unity, or is otherwise in the 
        public interest.''


                   Philippine Traders as Nonimmigrants

    Philippine traders classifiable as nonimmigrants under subsec. 
(a)(15)(E) of this section, see section 1184a of this title.


            Irish Peace Process Cultural and Training Program

    Pub. L. 105-319, Oct. 30, 1998, 112 Stat. 3013, provided that:
``SECTION 1. SHORT TITLE.
    ``This Act may be cited as the `Irish Peace Process Cultural and 
Training Program Act of 1998'.
``SEC. 2. IRISH PEACE PROCESS CULTURAL AND TRAINING PROGRAM.
    ``(a) Purpose.--
        ``(1) In general.--The Secretary of State and the Attorney 
    General shall establish a program to allow young people from 
    disadvantaged areas of designated counties suffering from sectarian 
    violence and high structural unemployment to enter the United States 
    for the purpose of developing job skills and conflict resolution 
    abilities in a diverse, cooperative, peaceful, and prosperous 
    environment, so that those young people can return to their homes 
    better able to contribute toward economic regeneration and the Irish 
    peace process. The program shall promote cross-community and cross-
    border initiatives to build grassroots support for long-term 
    peaceful coexistence. The Secretary of State and the Attorney 
    General shall cooperate with nongovernmental organizations to assist 
    those admitted to participate fully in the economic, social, and 
    cultural life of the United States.
        ``(2) Scope and duration of program.--
            ``(A) In general.--The program under paragraph (1) shall 
        provide for the admission of not more than 4,000 aliens under 
        section 101(a)(15)(Q)(ii) of the Immigration and Nationality Act 
        [8 U.S.C. 1101(a)(15)(Q)(ii)] (including spouses and minor 
        children) in each of 3 consecutive program years.
            ``(B) Offset in number of h-2b nonimmigrant admissions 
        allowed.--Notwithstanding any other provision of law, for each 
        alien so admitted in a fiscal year, the numerical limitation 
        specified under section 214(g)(1)(B) of the Immigration and 
        Nationality Act [8 U.S.C. 1184(g)(1)(B)] shall be reduced by 1 
        for that fiscal year or the subsequent fiscal year.
        ``(3) Records and report.--The Immigration and Naturalization 
    Service shall maintain records of the nonimmigrant status and place 
    of residence of each alien admitted under the program. Not later 
    than 120 days after the end of the third program year and for the 3 
    subsequent years, the Immigration and Naturalization Service shall 
    compile and submit to the Congress a report on the number of aliens 
    admitted with nonimmigrant status under section 101(a)(15)(Q)(ii) [8 
    U.S.C. 1101(a)(15)(Q)(ii)] who have overstayed their visas.
        ``(4) Designated counties defined.--For the purposes of this 
    Act, the term `designated counties' means the six counties of 
    Northern Ireland and the counties of Louth, Monaghan, Cavan, 
    Leitrim, Sligo, and Donegal within the Republic of Ireland.
    ``(b) Temporary Nonimmigrant Visa.--[Amended this section.]
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated for each fiscal year such sums as may be necessary to carry 
out the purposes of this section. Amounts appropriated pursuant to this 
subsection are authorized to be available until expended.
    ``(d) Sunset.--
        ``(1) Effective October 1, 2005, the Irish Peace Process 
    Cultural and Training Program Act of 1998 is repealed.
        ``(2) Effective October 1, 2005, section 101(a)(15)(Q) of the 
    Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(Q)) is 
    amended--
            ``(A) by striking `or' at the end of clause (i);
            ``(B) by striking `(i)' after `(Q)'; and
            ``(C) by striking clause (ii).''


              Coordination of Amendments by Pub. L. 104-208

    Section 1(b) of div. C of Pub. L. 104-208 provided that: ``Except as 
otherwise specifically provided--
        ``(1) whenever in this division [see Tables for classification] 
    an amendment or repeal is expressed as the amendment or repeal of a 
    section or other provision, the reference shall be considered to be 
    made to that section or provision in the Immigration and Nationality 
    Act [8 U.S.C. 1101 et seq.]; and
        ``(2) amendments to a section or other provision are to such 
    section or other provision before any amendment made to such section 
    or other provision elsewhere in this division.''


  Applicability of Title V of Division C of Pub. L. 104-208 to Foreign 
                               Assistance

    Section 592 of title V of div. C of Pub. L. 104-208 provided that: 
``This title [see Effective Date of 1996 Amendment note above] does not 
apply to any Federal, State, or local governmental program, assistance, 
or benefits provided to an alien under any program of foreign assistance 
as determined by the Secretary of State in consultation with the 
Attorney General.''


   Notification to Public and Program Recipients of Changes Regarding 
                        Eligibility for Programs

    Section 593 of title V of div. C of Pub. L. 104-208 provided that:
    ``(a) In General.--Each agency of the Federal Government or a State 
or political subdivision that administers a program affected by the 
provisions of this title [see Effective Date of 1996 Amendment note 
above], shall, directly or through the States, provide general 
notification to the public and to program recipients of the changes 
regarding eligibility for any such program pursuant to this title.
    ``(b) Failure To Give Notice.--Nothing in this section shall be 
construed to require or authorize continuation of eligibility if the 
notice under this section is not provided.''


Report on Aliens Granted Refugee Status or Asylum Due to Persecution for 
            Resistance to Coercive Population Control Methods

    Section 601(a)(2) 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 countries of origin of aliens granted 
refugee status or asylum under determinations pursuant to the amendment 
made by paragraph (1) [amending this section]. Each such report shall 
also contain projections regarding the number and countries of origin of 
aliens that are likely to be granted refugee status or asylum for the 
subsequent 2 fiscal years.''


  Sense of Congress Regarding American-Made Products; Requirements for 
                                 Notice

    Section 648 of div. C of Pub. L. 104-208 provided that:
    ``(a) Purchase of American-Made Equipment and Products.--It is the 
sense of the Congress that, to the greatest extent practicable, all 
equipment and products purchased with funds made available under this 
division [see Tables for classification] should be American-made.
    ``(b) Notice to Recipients of Grants.--In providing grants under 
this division, the Attorney General, to the greatest extent practicable, 
shall provide to each recipient of a grant a notice describing the 
statement made in subsection (a) by the Congress.''


                        Improving Border Controls

    Section 130006 of Pub. L. 103-322 provided that:
    ``(a) Authorization of Appropriations.--There are authorized to be 
appropriated for the Immigration and Naturalization Service to increase 
the resources for the Border Patrol, the Inspections Program, and the 
Deportation Branch to apprehend illegal aliens who attempt clandestine 
entry into the United States or entry into the United States with 
fraudulent documents or who remain in the country after their 
nonimmigrant visas expire--
        ``(1) $228,000,000 for fiscal year 1995;
        ``(2) $185,000,000 for fiscal year 1996;
        ``(3) $204,000,000 for fiscal year 1997; and
        ``(4) $58,000,000 for fiscal year 1998.
    ``Of the sums authorized in this section, all necessary funds shall, 
subject to the availability of appropriations, be allocated to increase 
the number of agent positions (and necessary support personnel 
positions) in the Border Patrol by not less than 1,000 full-time 
equivalent positions in each of fiscal years 1995, 1996, 1997, and 1998 
beyond the number funded as of October 1, 1994.
    ``(b) Report.--By September 30, 1996 and September 30, 1998, the 
Attorney General shall report to the Congress on the programs described 
in this section. The report shall include an evaluation of the programs, 
an outcome-based measurement of performance, and an analysis of the cost 
effectiveness of the additional resources provided under this Act [see 
Tables for classification].''


                      Visas for Officials of Taiwan

    Section 221 of Pub. L. 103-416, as amended by Pub. L. 104-208, div. 
C, title III, Sec. 308(d)(3)(E), title VI, Sec. 671(b)(12), Sept. 30, 
1996, 110 Stat. 3009-617, 3009-722, provided that: ``Whenever the 
President of Taiwan or any other high-level official of Taiwan shall 
apply to visit the United States for the purposes of discussions with 
United States Federal or State government officials concerning--
        ``(1) trade or business with Taiwan that will reduce the United 
    States-Taiwan trade deficit,
        ``(2) prevention of nuclear proliferation,
        ``(3) threats to the national security of the United States,
        ``(4) the protection of the global environment,
        ``(5) the protection of endangered species, or
        ``(6) regional humanitarian disasters,
the official shall be admitted to the United States, unless the official 
is otherwise inadmissible under the immigration laws of the United 
States.''


           Construction of Expedited Deportation Requirements

    Section 225 of Pub. L. 103-416, as amended by Pub. L. 104-132, title 
IV, Sec. 436(b)(2), Apr. 24, 1996, 110 Stat. 1275; Pub. L. 104-208, div. 
C, title III, Sec. 308(c)(4)(B), Sept. 30, 1996, 110 Stat. 3009-616, 
provided that: ``No amendment made by this Act [see Tables for 
classification] shall be construed to create any substantive or 
procedural right or benefit that is legally enforceable by any party 
against the United States or its agencies or officers or any other 
person.''
    [Amendment by Pub. L. 104-132 effective as if included in enactment 
of Pub. L. 103-416, see section 436(b)(3) of Pub. L. 104-132 set out as 
an Effective Date of 1996 Amendment note under section 1252 of this 
title.]


              Report on Admission of Certain Nonimmigrants

    Section 202(b) of Pub. L. 102-232 directed Comptroller General, by 
not later than Oct. 1, 1994, to submit to Committees on the Judiciary of 
Senate and of House of Representatives a report containing information 
relating to the admission of artists, entertainers, athletes, and 
related support personnel as nonimmigrants under 8 U.S.C. 
1101(a)(15)(O), (P), and information on the laws, regulations, and 
practices in effect in other countries that affect United States 
citizens and permanent resident aliens in the arts, entertainment, and 
athletics, in order to evaluate the impact of such admissions, laws, 
regulations, and practices on such citizens and aliens, directed 
Chairman of the Committee on the Judiciary of Senate to make the report 
available to interested parties and to hold a hearing respecting the 
report and directed such Committee to report to Senate its findings and 
any legislation it deems appropriate.


 Delay Until April 1, 1992, in Implementation of Provisions Relating to 
    Nonimmigrant Artists, Athletes, Entertainers, and Fashion Models

    Section 3 of Pub. L. 102-110 provided that: ``Section 214(g)(1)(C) 
of the Immigration and Nationality Act [8 U.S.C. 1184(g)(1)(C)] shall 
not apply to the issuance of visas or provision of status before April 
1, 1992. Aliens seeking nonimmigrant admission as artists, athletes, 
entertainers, or fashion models (or for the purpose of accompanying or 
assisting in an artistic or athletic performance) before April 1, 1992, 
shall not be admitted under subparagraph (O)(i), (O)(ii), (P)(i), or 
(P)(iii) of section 101(a)(15) of such Act [8 U.S.C. 1101(a)(15)], but 
may be admitted under the terms of subparagraph (H)(i)(b) of such 
section (as in effect on September 30, 1991).''


                    Commission on Immigration Reform

    Section 141 of Pub. L. 101-649, as amended by Pub. L. 102-232, title 
III, Sec. 302(c)(1), Dec. 12, 1991, 105 Stat. 1744, provided that:
    ``(a) Establishment and Composition of Commission.--(1) Effective 
October 1, 1991, there is established a Commission on Immigration Reform 
(in this section referred to as the `Commission') which shall be 
composed of 9 members to be appointed as follows:
        ``(A) One member who shall serve as Chairman, to be appointed by 
    the President.
        ``(B) Two members to be appointed by the Speaker of the House of 
    Representatives who shall select such members from a list of 
    nominees provided by the Chairman of the Committee on the Judiciary 
    of the House of Representatives.
        ``(C) Two members to be appointed by the Minority Leader of the 
    House of Representatives who shall select such members from a list 
    of nominees provided by the ranking minority member of the 
    Subcommittee on Immigration, Refugees, and International Law of the 
    Committee on the Judiciary of the House of Representatives.
        ``(D) Two members to be appointed by the Majority Leader of the 
    Senate who shall select such members from a list of nominees 
    provided by the Chairman of the Subcommittee on Immigration and 
    Refugee Affairs of the Committee on the Judiciary of the Senate.
        ``(E) Two members to be appointed by the Minority Leader of the 
    Senate who shall select such members from a list of nominees 
    provided by the ranking minority member of the Subcommittee on 
    Immigration and Refugee Affairs of the Committee on the Judiciary of 
    the Senate.
    ``(2) Initial appointments to the Commission shall be made during 
the 45-day period beginning on October 1, 1991. A vacancy in the 
Commission shall be filled in the same manner in which the original 
appointment was made.
    ``(3) Members shall be appointed to serve for the life of the 
Commission, except that the term of the member described in paragraph 
(1)(A) shall expire at noon on January 20, 1993, and the President shall 
appoint an individual to serve for the remaining life of the Commission.
    ``(b) Functions of Commission.--The Commission shall--
        ``(1) review and evaluate the impact of this Act and the 
    amendments made by this Act [see Tables for classification], in 
    accordance with subsection (c); and
        ``(2) transmit to the Congress--
            ``(A) not later than September 30, 1994, a first report 
        describing the progress made in carrying out paragraph (1), and
            ``(B) not later than September 30, 1997, a final report 
        setting forth the Commission's findings and recommendations, 
        including such recommendations for additional changes that 
        should be made with respect to legal immigration into the United 
        States as the Commission deems appropriate.
    ``(c) Considerations.--
        ``(1) Particular considerations.--In particular, the Commission 
    shall consider the following:
            ``(A) The requirements of citizens of the United States and 
        of aliens lawfully admitted for permanent residence to be joined 
        in the United States by immediate family members and the impact 
        which the establishment of a national level of immigration has 
        upon the availability and priority of family preference visas.
            ``(B) The impact of immigration and the implementation of 
        the employment-based and diversity programs on labor needs, 
        employment, and other economic and domestic conditions in the 
        United States.
            ``(C) The social, demographic, and natural resources impact 
        of immigration.
            ``(D) The impact of immigration on the foreign policy and 
        national security interests of the United States.
            ``(E) The impact of per country immigration levels on 
        family-sponsored immigration.
            ``(F) The impact of the numerical limitation on the 
        adjustment of status of aliens granted asylum.
            ``(G) The impact of the numerical limitations on the 
        admission of nonimmigrants under section 214(g) of the 
        Immigration and Nationality Act [8 U.S.C. 1184(g)].
        ``(2) Diversity program.--The Commission shall analyze the 
    information maintained under section 203(c)(3) of the Immigration 
    and Nationality Act [8 U.S.C. 1153(c)(3)] and shall report to 
    Congress in its report under subsection (b)(2) on--
            ``(A) the characteristics of individuals admitted under 
        section 203(c) of the Immigration and Nationality Act, and
            ``(B) how such characteristics compare to the 
        characteristics of family-sponsored immigrants and employment-
        based immigrants.
    The Commission shall include in the report an assessment of the 
    effect of the requirement of paragraph (2) of section 203(c) of the 
    Immigration and Nationality Act on the diversity, educational, and 
    skill level of aliens admitted.
    ``(d) Compensation of Members.--(1) Each member of the Commission 
who is not an officer or employee of the Federal Government is entitled 
to receive, subject to such amounts as are provided in advance in 
appropriations Acts, pay at the daily equivalent of the minimum annual 
rate of basic pay in effect for grade GS-18 of the General Schedule. 
Each member of the Commission who is such an officer or employee shall 
serve without additional pay.
    ``(2) While away from their homes or regular places of business in 
the performance of services for the Commission, members of the 
Commission shall be allowed travel expenses, including per diem in lieu 
of subsistence.
    ``(e) Meetings, Staff, and Authority of Commission.--The provisions 
of subsections (e) through (g) of section 304 of the Immigration Reform 
and Control Act of 1986 [Pub. L. 99-603, set out as a note under section 
1160 of this title] shall apply to the Commission in the same manner as 
they apply to the Commission established under such section, except that 
paragraph (2) of subsection (e) thereof shall not apply.
    ``(f) Authorization of Appropriations.--(1) There are authorized to 
be appropriated to the Commission such sums as may be necessary to carry 
out this section.
    ``(2) Notwithstanding any other provision of this section, the 
authority to make payments, or to enter into contracts, under this 
section shall be effective only to such extent, or in such amounts, as 
are provided in advance in appropriations Acts.
    ``(g) Termination Date.--The Commission shall terminate on the date 
on which a final report is required to be transmitted under subsection 
(b)(2)(B), except that the Commission may continue to function until 
January 1, 1998, for the purpose of concluding its activities, including 
providing testimony to standing committees of Congress concerning its 
final report under this section and disseminating that report.
    ``(h) Congressional Response.--(1) No later than 90 days after the 
date of receipt of each report transmitted under subsection (b)(2), the 
Committees on the Judiciary of the House of Representatives and of the 
Senate shall initiate hearings to consider the findings and 
recommendations of the report.
    ``(2) No later than 180 days after the date of receipt of such a 
report, each such Committee shall report to its respective House its 
oversight findings and any legislation it deems appropriate.
    ``(i) Presidential Report.--The President shall conduct a review and 
evaluation and provide for the transmittal of reports to the Congress in 
the same manner as the Commission is required to conduct a review and 
evaluation and to transmit reports under subsection (b).''
    [References in laws to the rates of pay for GS-16, 17, or 18, or to 
maximum rates of pay under the General Schedule, to be considered 
references to rates payable under specified sections of Title 5, 
Government Organization and Employees, see section 529 [title I, 
Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376 
of Title 5.]


 Special Immigrant Status for Certain Aliens Employed at United States 
               Mission in Hong Kong (D Special Immigrants)

    Section 152 of Pub. L. 101-649, as amended by Pub. L. 102-232, title 
III, Sec. 302(d)(1), Dec. 12, 1991, 105 Stat. 1744, provided that:
    ``(a) In General.--Subject to subsection (c), an alien described in 
subsection (b) shall be treated as a special immigrant described in 
section 101(a)(27)(D) of the Immigration and Nationality Act [8 U.S.C. 
1101(a)(27)(D)].
    ``(b) Aliens Covered.--An alien is described in this subsection if--
        ``(1) the alien is--
            ``(A) an employee at the United States consulate in Hong 
        Kong under the authority of the Chief of Mission (including 
        employment pursuant to section 5913 of title 5, United States 
        Code) and has performed faithful service as such an employee for 
        a total of three years or more, or
            ``(B) a member of the immediate family (as defined in 6 
        Foreign Affairs Manual 117k as of the date of the enactment of 
        this Act [Nov. 29, 1990]) of an employee described in 
        subparagraph (A) who has been living with the employee in the 
        same household;
        ``(2) the welfare of the employee or such an immediate family 
    member is subject to a clear threat due directly to the employee's 
    employment with the United States Government or under a United 
    States Government official; and
        ``(3) the principal officer in Hong Kong, in the officer's 
    discretion, has recommended the granting of special immigrant status 
    to such alien in exceptional circumstances and the Secretary of 
    State approves such recommendation and finds that it is in the 
    national interest to grant such status.
    ``(c) Expiration.--Subsection (a) shall only apply to aliens who 
file an application for special immigrant status under this section by 
not later than January 1, 2002.
    ``(d) Limited Waiver of Numerical Limitations.--The first 500 visas 
made available to aliens as special immigrants under this section shall 
not be counted against any numerical limitation established under 
section 201 or 202 of the Immigration and Nationality Act [8 U.S.C. 1151 
or 1152].''


             Inapplicability of Amendment by Pub. L. 101-649

    Amendment by section 203(c) of Pub. L. 101-649 not to affect 
performance of longshore work in United States by citizens or nationals 
of United States, see section 203(a)(2) of Pub. L. 101-649, set out as a 
note under section 1288 of this title.


         Application of Treaty Trader for Certain Foreign States

    Section 204(b) of Pub. L. 101-649 provided that: ``Each of the 
following foreign states shall be considered, for purposes of section 
101(a)(15)(E) of the Immigration and Nationality Act [8 U.S.C. 
1101(a)(15)(E)], to be a foreign state described in such section if the 
foreign state extends reciprocal nonimmigrant treatment to nationals of 
the United States:
        ``(1) The largest foreign state in each region (as defined in 
    section 203(c)(1) of the Immigration and Nationality Act [8 U.S.C. 
    1153(c)(1)]) which (A) has 1 or more dependent areas (as determined 
    for purposes of section 202 of such Act [8 U.S.C. 1152]) and (B) 
    does not have a treaty of commerce and navigation with the United 
    States.
        ``(2) The foreign state which (A) was identified as an adversely 
    affected foreign state for purposes of section 314 of the 
    Immigration Reform and Control Act of 1986 [Pub. L. 99-603, set out 
    as a note under section 1153 of this title] and (B) does not have a 
    treaty of commerce and navigation with the United States, but (C) 
    had such a treaty with the United States before 1925.''


   Clarification of Treatment of Certain International Accounting and 
                       Management Consulting Firms

    Section 206(a) of Pub. L. 101-649, as amended by Pub. L. 102-232, 
title III, Sec. 303(a)(9), Dec. 12, 1991, 105 Stat. 1748; Pub. L. 106-
95, Sec. 6, Nov. 12, 1999, 113 Stat. 1319, provided that: ``In applying 
sections 101(a)(15)(L) and 203(b)(1)(C) of the Immigration and 
Nationality Act [8 U.S.C. 1101(a)(15)(L), 1153(b)(1)(C)], and for no 
other purpose, in the case of a partnership that is organized in the 
United States to provide accounting or management consulting services 
and that markets its accounting or management consulting services under 
an internationally recognized name under an agreement with a worldwide 
coordinating organization that is collectively owned and controlled by 
the member accounting and management consulting firms or by the elected 
members (partners, shareholders, members, employees) thereof, an entity 
that is organized outside the United States to provide accounting or 
management consulting services shall be considered to be an affiliate of 
the United States accounting or management consulting partnership if it 
markets its accounting or management consulting services under the same 
internationally recognized name directly or indirectly under an 
agreement with the same worldwide coordinating organization of which the 
United States partnership is also a member. Those partnerships organized 
within the United States and entities organized outside the United 
States which are considered affiliates under this subsection shall 
continue to be considered affiliates to the extent such firms enter into 
a plan of association with a successor worldwide coordinating 
organization, which need not be collectively owned and controlled.''


 Admission of Nonimmigrants for Cooperative Research, Development, and 
                          Coproduction Projects

    Section 222 of Pub. L. 101-649, as amended by Pub. L. 102-232, title 
III, Sec. 303(b)(3), Dec. 12, 1991, 105 Stat. 1748, provided that:
    ``(a) In General.--Subject to subsection (b), the Attorney General 
shall provide for nonimmigrant status in the case of an alien who--
        ``(1) has a residence in a foreign country which the alien has 
    no intention of abandoning, and
        ``(2) is coming to the United States, upon a basis of 
    reciprocity, to perform services of an exceptional nature requiring 
    such merit and ability relating to a cooperative research and 
    development project or a coproduction project provided under a 
    government-to-government agreement administered by the Secretary of 
    Defense, but not to exceed a period of more than 10 years,
or who is the spouse or minor child of such an alien if accompanying or 
following to join the alien.
    ``(b) Numerical Limitation.--The number of aliens who may be 
admitted as (or otherwise be provided the status of) a nonimmigrant 
under this section at any time may not exceed 100.''


       Establishment of Special Education Exchange Visitor Program

    Section 223 of Pub. L. 101-649, as amended by Pub. L. 102-232, title 
III, Sec. 303(b)(4), Dec. 12, 1991, 105 Stat. 1748, provided that:
    ``(a) In General.--Subject to subsection (b), the Attorney General 
shall provide for nonimmigrant status in the case of an alien who--
        ``(1) has a residence in a foreign country which the alien has 
    no intention of abandoning, and
        ``(2) is coming temporarily to the United States (for a period 
    not to exceed 18 months) as a participant in a special education 
    training program which provides for practical training and 
    experience in the education of children with physical, mental, or 
    emotional disabilities,
or who is the spouse or minor child of such an alien if accompanying or 
following to join the alien.
    ``(b) Numerical Limitation.--The number of aliens who may be 
admitted as (or otherwise be provided the status of) a nonimmigrant 
under this section in any fiscal year may not exceed 50.''


 Extension of H-1 Immigration Status for Certain Nonimmigrants Employed 
   in Cooperative Research and Development Projects and Coproduction 
                                Projects

    Pub. L. 101-189, div. A, title IX, Sec. 937, Nov. 29, 1989, 103 
Stat. 1538, provided that: ``The Attorney General shall provide for the 
extension through December 31, 1991, of nonimmigrant status under 
section 101(a)(15)(H)(i) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(15)(H)(i)) for an alien to perform temporarily services 
relating to a cooperative research and development project or a 
coproduction project provided under a government-to-government agreement 
administered by the Secretary of Defense in the case of an alien who has 
had such status for a period of at least five years if such status has 
not expired as of the date of the enactment of this Act [Nov. 29, 1989] 
but would otherwise expire during 1989, 1990, or 1991, due only to the 
time limitations with respect to such status.''


 Extension of H-1 Status for Certain Registered Nurses Through December 
                                31, 1989

    Pub. L. 100-658, Sec. 4, Nov. 15, 1988, 102 Stat. 3909, provided 
that: ``The Attorney General shall provide for the extension through 
December 31, 1989, of nonimmigrant status under section 101(a)(15)(H)(i) 
of the Immigration and Nationality Act [8 U.S.C. 1101(a)(15)(H)(i)] for 
an alien to perform temporarily services as a registered nurse in the 
case of an alien who has had such status for a period of at least 5 
years if--
        ``(1) such status has not expired as of the date of the 
    enactment of this Act [Nov. 15, 1988] but would otherwise expire 
    during 1988 or 1989, due only to the time limitation with respect to 
    such status; or
        ``(2)(A) the alien's status as such a nonimmigrant expired 
    during the period beginning on January 1, 1987, and ending on the 
    date of the enactment of this Act, due only to the time limitation 
    with respect to such status,
        ``(B) the alien is present in the United States as of the date 
    of the enactment of this Act,
        ``(C) the alien has been employed as a registered nurse in the 
    United States since the date of expiration of such status, and
        ``(D) in the case of an alien whose status expired during 1987, 
    the alien's employer has filed with the Immigration and 
    Naturalization Service, before the date of the enactment of this 
    Act, an appeal of a petition filed in connection with the alien's 
    application for extension of such status.''


    Residence Within United States Continued During Period of Absence

    Section 2(o)(2) of Pub. L. 100-525 provided that: ``Only for 
purposes of section 101(a)(27)(I) of the Immigration and Nationality Act 
[8 U.S.C. 1101(a)(27)(I)], an alien who is or was an officer or employee 
of an international organization (or is the unmarried son or daughter or 
surviving spouse of such an officer or employee or former officer or 
employee) is considered to be residing and physically present in the 
United States during a period in which the alien is residing in the 
United States but is absent from the United States because of the 
officer's or employee's need to conduct official business on behalf of 
the organization or because of customary leave, but only if during the 
period of the absence the officer or employee continues to have a duty 
station in the United States and, in the case of such an unmarried son 
or daughter, the son or daughter is not enrolled in a school outside the 
United States.''


Nonimmigrant Traders and Investors Under United States-Canada Free-Trade 
                                Agreement

    For provisions allowing Canadian citizens to be classifiable as 
nonimmigrants under subsec. (a)(15)(E) of this section upon a basis of 
reciprocity secured by the United States-Canada Free-Trade Agreement, 
see section 307(a) of Pub. L. 100-449, set out in a note under section 
2112 of Title 19, Customs Duties.


                          Amerasian Immigration

    Pub. L. 100-461, title II, Oct. 1, 1988, 102 Stat. 2268-15, as 
amended by Pub. L. 101-167, title II, Nov. 21, 1989, 103 Stat. 1211; 
Pub. L. 101-302, title II, May 25, 1990, 104 Stat. 228; Pub. L. 101-513, 
title II, Nov. 5, 1990, 104 Stat. 1996, provided: ``That the provisions 
of subsection (c) of section 584 of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1988, as contained 
in section 101(e) of Public Law 100-202 [set out below], shall apply to 
an individual who (1) departs from Vietnam after the date of the 
enactment of this Act [Oct. 1, 1988], and (2) is described in subsection 
(b) of such section, but who is issued an immigrant visa under section 
201(b) or 203(a) of the Immigration and Nationality Act [8 U.S.C. 
1151(b), 1153(a)] (rather than under subsection (a) of such section), or 
would be described in subsection (b) of such section if such section 
also applied to principal aliens who were citizens of the United States 
(rather than merely to aliens)''.
    Pub. L. 100-202, Sec. 101(e) [title V, Sec. 584], Dec. 22, 1987, 101 
Stat. 1329-183, as amended by Pub. L. 101-167, title II, Nov. 21, 1989, 
103 Stat. 1211; Pub. L. 101-513, title II, Nov. 5, 1990, 104 Stat. 1996; 
Pub. L. 101-649, title VI, Sec. 603(a)(20), Nov. 29, 1990, 104 Stat. 
5084; Pub. L. 102-232, title III, Sec. 307(l)(8), Dec. 12, 1991, 105 
Stat. 1757, provided that:
    ``(a)(1) Notwithstanding any numerical limitations specified in the 
Immigration and Nationality Act [8 U.S.C. 1101 et seq.], the Attorney 
General may admit aliens described in subsection (b) to the United 
States as immigrants if--
        ``(A) they are admissible (except as otherwise provided in 
    paragraph (2)) as immigrants, and
        ``(B) they are issued an immigrant visa and depart from Vietnam 
    on or after March 22, 1988.
    ``(2) The provisions of paragraphs (4), (5), and (7)(A) of section 
212(a) of the Immigration and Nationality Act [8 U.S.C. 1182(a)(4), (5), 
and (7)(A)] shall not be applicable to any alien seeking admission to 
the United States under this section, and the Attorney General on the 
recommendation of a consular officer may waive any other provision of 
such section (other than paragraph (2)(C) or subparagraph (A), (B), (C), 
or (E) of paragraph (3)) with respect to such an alien for humanitarian 
purposes, to assure family unity, or when it is otherwise in the public 
interest. Any such waiver by the Attorney General shall be in writing 
and shall be granted only on an individual basis following an 
investigation by a consular officer.
    ``(3) Notwithstanding section 221(c) of the Immigration and 
Nationality Act [8 U.S.C. 1201(c)], immigrant visas issued to aliens 
under this section shall be valid for a period of one year.
    ``(b)(1) An alien described in this section is an alien who, as of 
the date of the enactment of this Act [Dec. 22, 1987], is residing in 
Vietnam and who establishes to the satisfaction of a consular officer or 
an officer of the Immigration and Naturalization Service after a face-
to-face interview, that the alien--
        ``(A)(i) was born in Vietnam after January 1, 1962, and before 
    January 1, 1976, and (ii) was fathered by a citizen of the United 
    States (such an alien in this section referred to as a `principal 
    alien');
        ``(B) is the spouse or child of a principal alien and is 
    accompanying, or following to join, the principal alien; or
        ``(C) subject to paragraph (2), either (i) is the principal 
    alien's natural mother (or is the spouse or child of such mother), 
    or (ii) has acted in effect as the principal alien's mother, father, 
    or next-of-kin (or is the spouse or child of such an alien), and is 
    accompanying, or following to join, the principal alien.
    ``(2) An immigrant visa may not be issued to an alien under 
paragraph (1)(C) unless the officer referred to in paragraph (1) has 
determined, in the officer's discretion, that (A) such an alien has a 
bona fide relationship with the principal alien similar to that which 
exists between close family members and (B) the admission of such an 
alien is necessary for humanitarian purposes or to assure family unity. 
If an alien described in paragraph (1)(C)(ii) is admitted to the United 
States, the natural mother of the principal alien involved shall not, 
thereafter, be accorded any right, privilege, or status under the 
Immigration and Nationality Act [8 U.S.C. 1101 et seq.] by virtue of 
such parentage.
    ``(3) For purposes of this section, the term `child' has the meaning 
given such term in section 101(b)(1)(A), (B), (C), (D), and (E) of the 
Immigration and Nationality Act [8 U.S.C. 1101(b)(1)(A)-(E)].
    ``(c) Any alien admitted (or awaiting admission) to the United 
States under this section shall be eligible for benefits under chapter 2 
of title IV of the Immigration and Nationality Act [8 U.S.C. 1521 et 
seq.] to the same extent as individuals admitted (or awaiting admission) 
to the United States under section 207 of such Act [8 U.S.C. 1157] are 
eligible for benefits under such chapter.
    ``(d) The Attorney General, in cooperation with the Secretary of 
State, shall report to Congress 1 year, 2 years, and 3 years, after the 
date of the enactment of this Act [Dec. 22, 1987] on the implementation 
of this section. Each such report shall include the number of aliens who 
are issued immigrant visas and who are admitted to the United States 
under this section and number of waivers granted under subsection (a)(2) 
and the reasons for granting such waivers.
    ``(e) Except as otherwise specifically provided in this section, the 
definitions contained in the Immigration and Nationality Act [8 U.S.C. 
1101 et seq.] shall apply in the administration of this section and 
nothing contained in this section shall be held to repeal, amend, alter, 
modify, effect, or restrict the powers, duties, functions, or authority 
of the Attorney General in the administration and enforcement of such 
Act or any other law relating to immigration, nationality, or 
naturalization. The fact that an alien may be eligible to be granted the 
status of having been lawfully admitted for permanent residence under 
this section shall not preclude the alien from seeking such status under 
any other provision of law for which the alien may be eligible.''
    [Section 307(l)(8) of Pub. L. 102-232 provided that the amendment 
made by that section to section 101(e) [title V, Sec. 584(a)(2)] of Pub. 
L. 100-202, set out above, is effective as if included in section 603(a) 
of the Immigration Act of 1990, Pub. L. 101-649.]
    [Pub. L. 101-513, title II, Nov. 5, 1990, 104 Stat. 1996, provided 
that the amendment made by Pub. L. 101-513 to Pub. L. 100-202, 
Sec. 101(e) [title V, Sec. 584(b)(2)], set out above, is effective Dec. 
22, 1987.]


 Authorization of Appropriations for Enforcement and Service Activities 
                of Immigration and Naturalization Service

    Section 111 of Pub. L. 99-603 provided that:
    ``(a) Two Essential Elements.--It is the sense of Congress that two 
essential elements of the program of immigration control established by 
this Act [see Short Title of 1986 Amendments note above] are--
        ``(1) an increase in the border patrol and other inspection and 
    enforcement activities of the Immigration and Naturalization Service 
    and of other appropriate Federal agencies in order to prevent and 
    deter the illegal entry of aliens into the United States and the 
    violation of the terms of their entry, and
        ``(2) an increase in examinations and other service activities 
    of the Immigration and Naturalization Service and other appropriate 
    Federal agencies in order to ensure prompt and efficient 
    adjudication of petitions and applications provided for under the 
    Immigration and Nationality Act [this chapter].
    ``(b) Increased Authorization of Appropriations for INS and EOIR.--
In addition to any other amounts authorized to be appropriated, in order 
to carry out this Act there are authorized to be appropriated to the 
Department of Justice--
        ``(1) for the Immigration and Naturalization Service, for fiscal 
    year 1987, $422,000,000, and for fiscal year 1988, $419,000,000; and
        ``(2) for the Executive Office of Immigration Review, for fiscal 
    year 1987, $12,000,000, and for fiscal year 1988, $15,000,000.
Of the amounts authorized to be appropriated under paragraph (1) 
sufficient funds shall be available to provide for an increase in the 
border patrol personnel of the Immigration and Naturalization Service so 
that the average level of such personnel in each of fiscal years 1987 
and 1988 is at least 50 percent higher than such level for fiscal year 
1986.
    ``(c) Use of Funds for Improved Services.--Of the funds appropriated 
to the Department of Justice for the Immigration and Naturalization 
Service, the Attorney General shall provide for improved immigration and 
naturalization services and for enhanced community outreach and in-
service training of personnel of the Service. Such enhanced community 
outreach may include the establishment of appropriate local community 
taskforces to improve the working relationship between the Service and 
local community groups and organizations (including employers and 
organizations representing minorities).
    ``(d) Supplemental Authorization of Appropriations for Wage and Hour 
Enforcement.--There are authorized to be appropriated, in addition to 
such sums as may be available for such purposes, such sums as may be 
necessary to the Department of Labor for enforcement activities of the 
Wage and Hour Division and the Office of Federal Contract Compliance 
Programs within the Employment Standards Administration of the 
Department in order to deter the employment of unauthorized aliens and 
remove the economic incentive for employers to exploit and use such 
aliens.''


  Eligibility of H-2 Agricultural Workers for Certain Legal Assistance

    Section 305 of Pub. L. 99-603 provided that: ``A nonimmigrant worker 
admitted to or permitted to remain in the United States under section 
101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(H)(ii)(a)) for agricultural labor or service shall be 
considered to be an alien described in section 101(a)(20) of such Act (8 
U.S.C. 1101(a)(20)) for purposes of establishing eligibility for legal 
assistance under the Legal Services Corporation Act (42 U.S.C. 2996 et 
seq.), but only with respect to legal assistance on matters relating to 
wages, housing, transportation, and other employment rights as provided 
in the worker's specific contract under which the nonimmigrant was 
admitted.''


       Denial of Crew Member Nonimmigrant Visa in Case of Strikes

    Section 315(d) of Pub. L. 99-603 provided that:
    ``(1) Except as provided in paragraph (2), during the one-year 
period beginning on the date of the enactment of this Act [Nov. 6, 
1986], an alien may not be admitted to the United States as an alien 
crewman (under section 101(a)(15)(D) of the Immigration and Nationality 
Act, 8 U.S.C. 1101(a)(15)(D)) for the purpose of performing service on 
board a vessel or aircraft at a time when there is a strike in the 
bargaining unit of the employer in which the alien intends to perform 
such service.
    ``(2) Paragraph (1) shall not apply to an alien employee who was 
employed before the date of the strike concerned and who is seeking 
admission to enter the United States to continue to perform services as 
a crewman to the same extent and on the same routes as the alien 
performed such services before the date of the strike.''


          Sense of Congress Respecting Consultation With Mexico

    Section 407 of Pub. L. 99-603 provided that: ``It is the sense of 
the Congress that the President of the United States should consult with 
the President of the Republic of Mexico within 90 days after enactment 
of this Act [Nov. 6, 1986] regarding the implementation of this Act [see 
Short Title of 1986 Amendments note above] and its possible effect on 
the United States or Mexico. After the consultation, it is the sense of 
the Congress that the President should report to the Congress any 
legislative or administrative changes that may be necessary as a result 
of the consultation and the enactment of this legislation.''


  Commission for the Study of International Migration and Cooperative 
                          Economic Development

    Section 601 of Pub. L. 99-603, as amended by Pub. L. 100-525, 
Sec. 2(r), Oct. 24, 1988, 102 Stat. 2614, provided for establishment, 
membership, etc., of a Commission for the Study of International 
Migration and Cooperative Economic Development to examine, in 
consultation with governments of Mexico and other sending countries in 
Western Hemisphere, the conditions which contribute to unauthorized 
migration to United States and mutually beneficial reciprocal trade and 
investment programs to alleviate conditions leading to such unauthorized 
migration and to report to President and Congress, not later than 3 
years after appointment of members of Commission, on results of 
Commission's examination with recommendations on providing mutually 
beneficial reciprocal trade and investment programs to alleviate such 
unauthorized migration.


                    Treatment of Departures From Guam

    Section 2 of Pub. L. 99-505 provided that: ``In the administration 
of section 101(a)(15)(D)(ii) of the Immigration and Nationality Act [8 
U.S.C. 1101(a)(15)(D)(ii)] (added by the amendment made by section 1 of 
this Act), an alien crewman shall be considered to have departed from 
Guam after leaving the territorial waters of Guam, without regard to 
whether the alien arrives in a foreign state before returning to Guam.''


            Alien Employees of American University of Beirut

    Priv. L. 98-53, Oct. 30, 1984, 98 Stat. 3437, provided: ``That an 
alien lawfully admitted to the United States for permanent residence 
shall be considered, for purposes of section 101(a)(27)(A) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(A)), to be 
temporarily visiting abroad during any period (before or after the date 
of the enactment of this Act [Oct. 30, 1984]) in which the alien is 
employed by the American University of Beirut.''


Study and Evaluation of Exchange Programs for Graduate Medical Education 
 of Alien Graduates of Foreign Medical Schools; Report to Congress Not 
                       Later Than January 15, 1983

    Section 5(e) of Pub. L. 97-116 directed Secretary of Health and 
Human Services, after consultation with Attorney General, Secretary of 
State, and Director of the International Communication Agency, to 
evaluate effectiveness and value to foreign nations and United States of 
exchange programs for graduate medical education or training of aliens 
who were graduates of foreign medical schools, and to report to 
Congress, not later than Jan. 15, 1983, on such evaluation, and include 
such recommendations for changes in legislation and regulations as 
appropriate.


   Adjustment of Status of Nonimmigrant Aliens Residing in the Virgin 
               Islands to Permanent Resident Alien Status

    Upon application during the one-year period beginning Sept. 30, 
1982, by an alien who was inspected and admitted to the Virgin Islands 
of the United States either as a nonimmigrant alien worker under subsec. 
(a)(15)(H)(ii) of this section or as a spouse or minor child of such 
worker, and has resided continuously in the Virgin Islands since June 
30, 1975, the Attorney General may adjust the status of such 
nonimmigrant alien to that of an alien lawfully admitted for permanent 
residence, provided certain conditions are met, and such alien is not to 
be deported for failure to maintain nonimmigrant status until final 
action is taken on the alien's application for adjustment, see section 
2(a), (b) of Pub. L. 97-271, set out as a note under section 1255 of 
this title.


   Limitation on Admission of Aliens Seeking Employment in the Virgin 
                                 Islands

    Notwithstanding any other provision of law, the Attorney General not 
to be authorized, on or after Sept. 30, 1982, to approve any petition 
filed under section 1184(c) of this title in the case of importing any 
alien as a nonimmigrant under subsec. (a)(15)(H)(ii) of this section for 
employment in the Virgin Islands of the United States other than as an 
entertainer or as an athlete and for a period not exceeding 45 days, see 
section 3 of Pub. L. 97-271, set out as a note under section 1255 of 
this title.


              Limitation on Admission of Special Immigrants

    Section 3201(c) of Pub. L. 96-70 provided that notwithstanding any 
other provision of law, not more than 15,000 individuals could be 
admitted to the United States as special immigrants under subparagraphs 
(E), (F), and (G) of subsec. (a)(27) of this section, of which not more 
than 5,000 could be admitted in any fiscal year, prior to repeal by Pub. 
L. 103-416, title II, Sec. 212(a), Oct. 25, 1994, 108 Stat. 4314.

 Ex. Ord. No. 12711. Policy Implementation With Respect to Nationals of 
                       People's Republic of China

    Ex. Ord. No. 12711, Apr. 11, 1990, 55 F.R. 13897, provided:
    By the authority vested in me as President by the Constitution and 
laws of the United States of America, the Attorney General and the 
Secretary of State are hereby ordered to exercise their authority, 
including that under the Immigration and Nationality Act (8 U.S.C. 1101-
1557), as follows:
    Section 1. The Attorney General is directed to take any steps 
necessary to defer until January 1, 1994, the enforced departure of all 
nationals of the People's Republic of China (PRC) and their dependents 
who were in the United States on or after June 5, 1989, up to and 
including the date of this order (hereinafter ``such PRC nationals'').
    Sec. 2. The Secretary of State and the Attorney General are directed 
to take all steps necessary with respect to such PRC nationals (a) to 
waive through January 1, 1994, the requirement of a valid passport and 
(b) to process and provide necessary documents, both within the United 
States and at U.S. consulates overseas, to facilitate travel across the 
borders of other nations and reentry into the United States in the same 
status such PRC nationals had upon departure.
    Sec. 3. The Secretary of State and the Attorney General are directed 
to provide the following protections:
    (a) irrevocable waiver of the 2-year home country residence 
requirement that may be exercised until January 1, 1994, for such PRC 
nationals;
    (b) maintenance of lawful status for purposes of adjustment of 
status or change of nonimmigrant status for such PRC nationals who were 
in lawful status at any time on or after June 5, 1989, up to and 
including the date of this order;
    (c) authorization for employment of such PRC nationals through 
January 1, 1994; and
    (d) notice of expiration of nonimmigrant status (if applicable) 
rather than the institution of deportation proceedings, and explanation 
of options available for such PRC nationals eligible for deferral of 
enforced departure whose nonimmigrant status has expired.
    Sec. 4. The Secretary of State and the Attorney General are directed 
to provide for enhanced consideration under the immigration laws for 
individuals from any country who express a fear of persecution upon 
return to their country related to that country's policy of forced 
abortion or coerced sterilization, as implemented by the Attorney 
General's regulation effective January 29, 1990.
    Sec. 5. The Attorney General is directed to ensure that the 
Immigration and Naturalization Service finalizes and makes public its 
position on the issue of training for individuals in F-1 visa status and 
on the issue of reinstatement into lawful nonimmigrant status of such 
PRC nationals who have withdrawn their applications for asylum.
    Sec. 6. The Departments of Justice and State are directed to 
consider other steps to assist such PRC nationals in their efforts to 
utilize the protections that I have extended pursuant to this order.
    Sec. 7. This order shall be effective immediately.
                                                            George Bush.

                      Deterring Illegal Immigration

    Memorandum of President of the United States, Feb. 7, 1995, 60 F.R. 
7885, provided:
    Memorandum for the Heads of Executive Departments and Agencies
    It is a fundamental right and duty for a nation to protect the 
integrity of its borders and its laws. This Administration shall stand 
firm against illegal immigration and the continued abuse of our 
immigration laws. By closing the back door to illegal immigration, we 
will continue to open the front door to legal immigrants.
    My Administration has moved swiftly to reverse the course of a 
decade of failed immigration policies. Our initiatives have included 
increasing overall Border personnel by over 50 percent since 1993. We 
also are strengthening worksite enforcement and work authorization 
verification to deter employment of illegal aliens. Asylum rules have 
been reformed to end abuse by those falsely claiming asylum, while 
offering protection to those in genuine fear of persecution. We are 
cracking down on smugglers of illegal aliens and reforming criminal 
alien deportation for quicker removal. And we are the first 
Administration to obtain funding to reimburse States for a share of the 
costs of incarcerating criminal illegal aliens.
    While we already are doing more to stem the flow of illegal 
immigration than has any previous Administration, more remains to be 
done. In conjunction with the Administration's unprecedented budget 
proposal to support immigration initiatives, this directive provides a 
blueprint of policies and priorities for this Administration's 
continuing work to curtail illegal immigration. With its focus on strong 
border deterrence backed up by effective worksite enforcement, removal 
of criminal and other deportable aliens and assistance to states, this 
program protects the security of our borders, our jobs and our 
communities for all Americans--citizens and legal immigrants alike.

              COMPREHENSIVE BORDER CONTROL STRATEGY

A. Deterring Illegal Immigration At Our Borders
    I have directed the Attorney General to move expeditiously toward 
full implementation of our comprehensive border control strategy, 
including efforts at the southwest border. To support sustained long-
term strengthening of our deterrence capacity, the Administration shall 
seek funding to add new Border Patrol agents to reach the goal of at 
least 7,000 agents protecting our borders by the year 2000.
    Flexible Border Response Capacity
    To further this strategy, the Department of Justice shall implement 
the capacity to respond to emerging situations anywhere along our 
national borders to deter buildups of illegal border crossers, smuggling 
operations, or other developing problems.
    Strategic Use of High Technology
    Through the strategic use of sensors, night scopes, helicopters, 
light planes, all-terrain vehicles, fingerprinting and automated 
recordkeeping, we have freed many Border Patrol agents from long hours 
of bureaucratic tasks and increased the effectiveness of these highly-
trained personnel. Because these tools are essential for the Immigration 
and Naturalization Service (INS) to do its job, I direct the Attorney 
General to accelerate to the greatest extent possible their utilization 
and enhancement to support implementation of our deterrence strategy.
    Strong Enforcement Against Repeat Illegal Crossers
    The Department of Justice shall assess the effectiveness of efforts 
underway to deter repeat illegal crossers, such as fingerprinting and 
dedicating prosecution resources to enforce the new prosecution 
authority provided by the Violent Crime Control and Law Enforcement Act 
of 1994 [Pub. L. 103-322, see Tables for classification].
    The Department of Justice shall determine whether accelerated 
expansion of these techniques to additional border sectors is warranted.
B. Deterring Alien Smuggling
    This Administration has had success deterring large ship-based 
smuggling directly to United States shores. In response, smugglers are 
testing new routes and tactics. Our goal: similar success in choking off 
these attempts by adjusting our anti-smuggling initiatives to anticipate 
shifting smuggling patterns.
    To meet new and continuing challenges posed along transport routes 
and in foreign locations by smuggling organizations, we will augment 
diplomatic and enforcement resources at overseas locations to work with 
host governments, and increase related intelligence gathering efforts.
    The Departments of State and Justice, in cooperation with other 
relevant agencies, will report to the National Security Council within 
30 days on the structure of interagency coordination to achieve these 
objectives.
    Congressional action will be important to provide U.S. law 
enforcement agencies with needed authority to deal with international 
smuggling operations. I will propose that the Congress pass legislation 
providing wiretap authority for investigation of alien smuggling cases 
and providing authorization to seize the assets of groups engaged in 
trafficking in human cargo.
    In addition, I will propose legislation to give the Attorney General 
authority to implement procedures for expedited exclusion to deal with 
large flows of undocumented migrants, smuggling operations, and other 
extraordinary migration situations.
C. Visa Overstay Deterrence
    Nearly half of this country's illegal immigrants come into the 
country legally and then stay after they are required by law to depart, 
often using fraudulent documentation. No Administration has ever made a 
serious effort to identify and deport these individuals. This 
Administration is committed to curtailing this form of illegal 
immigration.
    Therefore, relevant departments and agencies are directed to review 
their policies and practices to identify necessary reforms to curtail 
visa overstayers and to enhance investigations and prosecution of those 
who fraudulently produce or misuse passports, visas, and other travel 
related documents. Recommendations for administrative initiatives and 
legislative reform shall be presented to the White House Interagency 
Working Group on Immigration by June 30, 1995.

REDUCING THE MAGNET OF WORK OPPORTUNITIES, WORKSITE ENFORCEMENT, 
                         AND DETERRENCE

    Border deterrence cannot succeed if the lure of jobs in the United 
States remains. Therefore, a second major component of the 
Administration's deterrence strategy is to toughen worksite enforcement 
and employer sanctions. Employers who hire illegal immigrants not only 
obtain unfair competitive advantage over law-abiding employers, their 
unlawful use of illegal immigrants suppresses wages and working 
conditions for our country's legal workers. Our strategy, which targets 
enforcement efforts at employers and industries that historically have 
relied upon employment of illegal immigrants, will not only strengthen 
deterrence of illegal immigration, but better protect American workers 
and businesses that do not hire illegal immigrants.
    Central to this effort is an effective, nondiscriminatory means of 
verifying the employment authorization of all new employees. The 
Administration fully supports the recommendation of the Commission on 
Legal Immigration Reform to create pilot projects to test various 
techniques for improving workplace verification, including a computer 
database test to validate a new worker's social security number for work 
authorization purposes. The Immigration and Naturalization Service (INS) 
and Social Security Administration are directed to establish, implement, 
monitor, and review the pilots and provide me with an interim report on 
the progress of this program by March 1, 1996.
    In addition, the INS is directed to finalize the Administration's 
reduction of the number of authorized documents to support work 
verification for noncitizens. Concurrently, the Administration will seek 
further reduction legislatively in the number of documents that are 
acceptable for proving identity and work authorization. The 
Administration will improve the security of existing documents to be 
used for work authorization and seek increased penalties for immigration 
fraud, including fraudulent production and use of documents.
    The Department of Labor shall intensify its investigations in 
industries with patterns of labor law violations that promote illegal 
immigration.
    I also direct the Department of Labor, INS, and other relevant 
Federal agencies to expand their collaboration in cracking down on those 
who subvert fair competition by hiring illegal aliens. This may include 
increased Federal authority to confiscate assets that are the fruits of 
that unfair competition.
    The White House Interagency Working Group on Immigration shall 
further examine the link between immigration and employment, including 
illegal immigration, and recommend to me other appropriate measures.

       DETENTION AND REMOVAL OF DEPORTABLE ILLEGAL ALIENS

    The Administration's deterrence strategy includes strengthening the 
country's detention and deportation capability. No longer will criminals 
and other high risk deportable aliens be released back into communities 
because of a shortage of detention space and ineffective deportation 
procedures.
A. Comprehensive Deportation Process Reform
    The Department of Justice, in consultation with other relevant 
agencies, shall develop a streamlined, fair, and effective procedure to 
expedite removal of deportable aliens. As necessary, additional 
legislative authority will be sought in this area. In addition, the 
Department of Justice shall increase its capacity to staff deportation 
and exclusion hearings to support these objectives.
B. National Detention and Removal Plan
    To address the shortage of local detention space for illegal aliens, 
the Administration shall devise a National Detention, Transportation, 
and Removal Policy that will permit use of detention space across the 
United States and improve the ability to remove individuals with orders 
of deportation. The Department of Justice, in consultation with other 
agencies as appropriate and working under the auspices of the White 
House Interagency Working Group on Immigration, shall finalize this plan 
by April 30, 1995.
    The Administration will seek support and funding from the Congress 
for this plan and for our efforts to double the removal of illegal 
aliens with final orders of deportation.
C. Identification and Removal of Criminal Aliens
    The Institutional Hearing Program is successfully expediting 
deportation of incarcerated criminal aliens after they serve their 
sentences.
    To further expedite removal of criminal aliens from this country and 
reduce costs to Federal and State governments, the Department of Justice 
is directed to develop an expanded program of verification of the 
immigration status of criminal aliens within our country's prisons. In 
developing this program, the viability of expanding the work of the Law 
Enforcement Support Center should be assessed and all necessary steps 
taken to increase coordination and cooperative efforts with State, and 
local law enforcement officers in identification of criminal aliens.

                    TARGETED DETERRENCE AREAS

    Many of the Administration's illegal immigration enforcement 
initiatives are mutually reinforcing. For example, strong interior 
enforcement supports border control. While there have been efforts over 
the years at piecemeal cooperation, this Administration will examine, 
develop, and test a more comprehensive coordinated package of deterrence 
strategies in selected metropolitan areas by multiple Federal, State, 
and local agencies.
    The White House Interagency Working Group on Immigration shall 
coordinate the development of this interagency and intergovernmental 
operation.

            VERIFICATION OF ELIGIBILITY FOR BENEFITS

    The law denies most government benefits to illegal aliens. The 
government has a duty to assure that taxpayer-supported public 
assistance programs are not abused. As with work authorization, 
enforcement of eligibility requirements relies upon a credible system of 
verification. The INS, working with the White House Interagency Working 
Group on Immigration as appropriate, shall review means of improving the 
existing benefits verification program. In addition, we will seek new 
mechanisms--including increased penalties for false information used to 
qualify for benefits--to protect the integrity of public programs.

                       ANTI-DISCRIMINATION

    Our efforts to combat illegal immigration must not violate the 
privacy and civil rights of legal immigrants and U.S. citizens. 
Therefore, I direct the Attorney General, the Secretary of Health and 
Human Services, the Chair of the Equal Employment Opportunity 
Commission, and other relevant Administration officials to vigorously 
protect our citizens and legal immigrants from immigration-related 
instances of discrimination and harassment. All illegal immigration 
enforcement measures shall be taken with due regard for the basic human 
rights of individuals and in accordance with our obligations under 
applicable international agreements.

                      ASSISTANCE TO STATES

    States today face significant costs for services provided to illegal 
immigrants as a result of failed policies of the past. Deterring illegal 
immigration is the best long-term solution to protect States from 
growing costs for illegal immigration. This is the first Administration 
to address this primary responsibility squarely. We are targeting most 
of our Federal dollars to those initiatives that address the root causes 
that lead to increased burdens on States.
    The Federal Government provides States with billions of dollars to 
provide for health care, education, and other services and benefits for 
immigrants. This Administration is proposing increases for immigration 
and immigration-related spending of 25 percent in 1996 compared to 1993 
levels. In addition, this Administration is the first to obtain funding 
from the Congress to reimburse States for a share of the costs of 
incarcerated illegal aliens.
    This Administration will continue to work with States to obtain more 
Federal help for certain State costs and will oppose inappropriate cost-
shifting to the States.

                    INTERNATIONAL COOPERATION

    This Administration will continue to emphasize international 
cooperative efforts to address illegal immigration.
    Pursuant to a Presidential Review Directive (PRD), the Department of 
State is now coordinating a study on United States policy toward 
international refugee and migration affairs. I hereby direct that, as 
part of that PRD process, this report to the National Security Council 
include the relationship of economic development and migration in the 
Western Hemisphere and, in particular, provide recommendations for 
further foreign economic policy measures to address causes of illegal 
immigration.
    The Department of State shall coordinate an interagency effort to 
consider expanded arrangements with foreign governments for return of 
criminal and deportable aliens.
    The Department of State also shall seek to negotiate readmission 
agreements for persons who could have sought asylum in the last country 
from which they arrived. Such agreements will take due regard of U.S. 
obligations under the Protocol Relating to the Status of Refugees.
    The Department of State further shall implement cooperative efforts 
with other nations receiving smuggled aliens or those used as 
transhipment points by smugglers. In particular, we will look to 
countries in our hemisphere to join us by denying their territory as 
bases for smuggling operations.
    The Department of State shall initiate negotiations with foreign 
countries to secure authority for the United States Coast Guard to board 
source country vessels suspected of transporting smuggled aliens.
    This directive shall be published in the Federal Register.
                                                     William J. Clinton.


                               Definitions

    Section 1(c) of div. C of Pub. L. 104-208 provided that: ``Except as 
otherwise specifically provided in this division [see Tables for 
classification], for purposes of titles I [enacting section 1225a of 
this title and section 758 of Title 18, Crimes and Criminal Procedure, 
amending this section and sections 1103, 1182, 1251, 1325, 1356, and 
1357 of this title, and enacting provisions set out as notes under this 
section, sections 1103, 1182, 1221, 1325, and 1356 of this title, and 
section 758 of Title 18] and VI [enacting sections 1363b and 1372 to 
1375 of this title and section 116 of Title 18, amending this section, 
sections 1105a, 1151, 1152, 1154, 1157, 1158, 1160, 1182, 1184, 1187, 
1189, 1201, 1202, 1251, 1252a, 1255 to 1255b, 1258, 1288, 1483, 1323, 
1324, 1324b, 1356, and 1522 of this title, section 112 of Title 32, 
National Guard, and section 191 of Title 50, War and National Defense, 
enacting provisions set out as notes under this section, sections 1153, 
1158, 1161, 1182, 1187, 1189, 1202, 1255, 1433, and 1448 of this title, 
section 301 of Title 5, Government Organization and Employees, section 
116 of Title 18, and section 405 of Title 42, The Public Health and 
Welfare, and amending provisions set out as notes under sections 1159, 
1182, 1252, 1255a, 1323, 1401, and 1430 of this title] of this division, 
the terms `alien', `Attorney General', `border crossing identification 
card', `entry', `immigrant', `immigrant visa', `lawfully admitted for 
permanent residence', `national', `naturalization', `refugee', `State', 
and `United States' shall have the meaning given such terms in section 
101(a) of the Immigration and Nationality Act [8 U.S.C. 1101(a)].''
    Section 594 of title V of div. C of Pub. L. 104-208 provided that: 
``Except as otherwise provided in this title [see Effective Date of 1996 
Amendment note above], for purposes of this title--
        ``(1) the terms `alien', `Attorney General', `national', 
    `naturalization', `State', and `United States' shall have the 
    meaning given such terms in section 101(a) of the Immigration and 
    Nationality Act [8 U.S.C. 1101(a)]; and
        ``(2) the term `child' shall have the meaning given such term in 
    section 101(c) of the Immigration and Nationality Act.''
    Section 14 of Pub. L. 85-316 provided that: ``Except as otherwise 
specifically provided in this Act, the definitions contained in 
subsections (a) and (b) of section 101 of the Immigration and 
Nationality Act [8 U.S.C. 1101(a), (b)] shall apply to sections 4, 5, 6, 
7, 8, 9, 12, 13, and 15 of this Act [enacting sections 1182b, 1182c, 
1201a, 1205, 1251a, 1255a, and 1255b of this title and provisions set 
out as notes under section 1153 of this title and section 1971a of the 
Appendix to Title 50, War and National Defense.]''
    Many of the terms listed in this section are similarly defined in 
section 782 of Title 50, War and National Defense.

                  Section Referred to in Other Sections

    This section is referred to in sections 1102, 1151, 1152, 1153, 
1154, 1157, 1158, 1159, 1160, 1181, 1182, 1184, 1184a, 1186, 1187, 1201, 
1202, 1227, 1229b, 1229c, 1231, 1254a, 1255, 1255a, 1255b, 1257, 1258, 
1281, 1282, 1288, 1303, 1356, 1365, 1367, 1372, 1376, 1431, 1433, 1641 
of this title; title 2 section 441e; title 7 section 2015; title 10 
section 2864; title 15 sections 78dd-1, 78dd-2, 78dd-3; title 18 
sections 32, 37, 178, 229F, 831, 922, 1091, 1116, 1119, 1201, 1203, 
2280, 2281, 2331, 2332a, 2401, 3077, 3142, 3181; title 19 sections 58c, 
3401; title 22 sections 1474, 2395, 2508, 3508, 5001, 6701, 7105; title 
26 sections 871, 872, 1441, 3121, 3231, 3306, 7701; title 28 section 
1605; title 29 sections 1802, 2920; title 42 sections 408, 410, 1436a, 
1869c, 10603c; title 45 sections 231, 351; title 46 section 2101; title 
49 section 46502; title 50 sections 424, 1801; title 50 App. sections 
453, 456.
