
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 8USC1154]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
                       SUBCHAPTER II--IMMIGRATION
 
                        Part I--Selection System
 
Sec. 1154. Procedure for granting immigrant status


(a) Petitioning procedure

    (1)(A)(i) Any citizen of the United States claiming that an alien is 
entitled to classification by reason of a relationship described in 
paragraph (1), (3), or (4) of section 1153(a) of this title or to an 
immediate relative status under section 1151(b)(2)(A)(i) of this title 
may file a petition with the Attorney General for such classification.
    (ii) An alien spouse described in the second sentence of section 
1151(b)(2)(A)(i) of this title also may file a petition with the 
Attorney General under this subparagraph for classification of the alien 
(and the alien's children) under such section.
    (iii)(I) An alien who is described in subclause (II) may file a 
petition with the Attorney General under this clause for classification 
of the alien (and any child of the alien) if the alien demonstrates to 
the Attorney General that--
        (aa) the marriage or the intent to marry the United States 
    citizen was entered into in good faith by the alien; and
        (bb) during the marriage or relationship intended by the alien 
    to be legally a marriage, the alien or a child of the alien has been 
    battered or has been the subject of extreme cruelty perpetrated by 
    the alien's spouse or intended spouse.

    (II) For purposes of subclause (I), an alien described in this 
subclause is an alien--
        (aa)(AA) who is the spouse of a citizen of the United States;
        (BB) who believed that he or she had married a citizen of the 
    United States and with whom a marriage ceremony was actually 
    performed and who otherwise meets any applicable requirements under 
    this chapter to establish the existence of and bona fides of a 
    marriage, but whose marriage is not legitimate solely because of the 
    bigamy of such citizen of the United States; or
        (CC) who was a bona fide spouse of a United States citizen 
    within the past 2 years and--
            (aaa) whose spouse died within the past 2 years;
            (bbb) whose spouse lost or renounced citizenship status 
        within the past 2 years related to an incident of domestic 
        violence; or
            (ccc) who demonstrates a connection between the legal 
        termination of the marriage within the past 2 years and 
        battering or extreme cruelty by the United States citizen 
        spouse;

        (bb) who is a person of good moral character;
        (cc) who is eligible to be classified as an immediate relative 
    under section 1151(b)(2)(A)(i) of this title or who would have been 
    so classified but for the bigamy of the citizen of the United States 
    that the alien intended to marry; and
        (dd) who has resided with the alien's spouse or intended spouse.

    (iv) An alien who is the child of a citizen of the United States, or 
who was a child of a United States citizen parent who within the past 2 
years lost or renounced citizenship status related to an incident of 
domestic violence, and who is a person of good moral character, who is 
eligible to be classified as an immediate relative under section 
1151(b)(2)(A)(i) of this title, and who resides, or has resided in the 
past, with the citizen parent may file a petition with the Attorney 
General under this subparagraph for classification of the alien (and any 
child of the alien) under such section if the alien demonstrates to the 
Attorney General that the alien has been battered by or has been the 
subject of extreme cruelty perpetrated by the alien's citizen parent. 
For purposes of this clause, residence includes any period of 
visitation.
    (v) An alien who--
        (I) is the spouse, intended spouse, or child living abroad of a 
    citizen who--
            (aa) is an employee of the United States Government;
            (bb) is a member of the uniformed services (as defined in 
        section 101(a) of title 10); or
            (cc) has subjected the alien or the alien's child to battery 
        or extreme cruelty in the United States; and

        (II) is eligible to file a petition under clause (iii) or (iv),

shall file such petition with the Attorney General under the procedures 
that apply to self-petitioners under clause (iii) or (iv), as 
applicable.
    (vi) For the purposes of any petition filed under clause (iii) or 
(iv), the denaturalization, loss or renunciation of citizenship, death 
of the abuser, divorce, or changes to the abuser's citizenship status 
after filing of the petition shall not adversely affect the approval of 
the petition, and for approved petitions shall not preclude the 
classification of the eligible self-petitioning spouse or child as an 
immediate relative or affect the alien's ability to adjust status under 
subsections (a) and (c) of section 1255 of this title or obtain status 
as a lawful permanent resident based on the approved self-petition under 
such clauses.
    (B)(i) Any alien lawfully admitted for permanent residence claiming 
that an alien is entitled to a classification by reason of the 
relationship described in section 1153(a)(2) of this title may file a 
petition with the Attorney General for such classification.
    (ii)(I) An alien who is described in subclause (II) may file a 
petition with the Attorney General under this clause for classification 
of the alien (and any child of the alien) if such a child has not been 
classified under clause (iii) of section 1153(a)(2)(A) of this title and 
if the alien demonstrates to the Attorney General that--
        (aa) the marriage or the intent to marry the lawful permanent 
    resident was entered into in good faith by the alien; and
        (bb) during the marriage or relationship intended by the alien 
    to be legally a marriage, the alien or a child of the alien has been 
    battered or has been the subject of extreme cruelty perpetrated by 
    the alien's spouse or intended spouse.

    (II) For purposes of subclause (I), an alien described in this 
paragraph is an alien--
        (aa)(AA) who is the spouse of a lawful permanent resident of the 
    United States; or
        (BB) who believed that he or she had married a lawful permanent 
    resident of the United States and with whom a marriage ceremony was 
    actually performed and who otherwise meets any applicable 
    requirements under this chapter to establish the existence of and 
    bona fides of a marriage, but whose marriage is not legitimate 
    solely because of the bigamy of such lawful permanent resident of 
    the United States; or
        (CC) who was a bona fide spouse of a lawful permanent resident 
    within the past 2 years and--
            (aaa) whose spouse lost status within the past 2 years due 
        to an incident of domestic violence; or
            (bbb) who demonstrates a connection between the legal 
        termination of the marriage within the past 2 years and 
        battering or extreme cruelty by the lawful permanent resident 
        spouse;

        (bb) who is a person of good moral character;
        (cc) who is eligible to be classified as a spouse of an alien 
    lawfully admitted for permanent residence under section 
    1153(a)(2)(A) of this title or who would have been so classified but 
    for the bigamy of the lawful permanent resident of the United States 
    that the alien intended to marry; and
        (dd) who has resided with the alien's spouse or intended spouse.

    (iii) An alien who is the child of an alien lawfully admitted for 
permanent residence, or who was the child of a lawful permanent resident 
who within the past 2 years lost lawful permanent resident status due to 
an incident of domestic violence, and who is a person of good moral 
character, who is eligible for classification under section 
1153(a)(2)(A) of this title, and who resides, or has resided in the 
past, with the alien's permanent resident alien parent may file a 
petition with the Attorney General under this subparagraph for 
classification of the alien (and any child of the alien) under such 
section if the alien demonstrates to the Attorney General that the alien 
has been battered by or has been the subject of extreme cruelty 
perpetrated by the alien's permanent resident parent.
    (iv) An alien who--
        (I) is the spouse, intended spouse, or child living abroad of a 
    lawful permanent resident who--
            (aa) is an employee of the United States Government;
            (bb) is a member of the uniformed services (as defined in 
        section 101(a) of title 10); or
            (cc) has subjected the alien or the alien's child to battery 
        or extreme cruelty in the United States; and

        (II) is eligible to file a petition under clause (ii) or (iii),

shall file such petition with the Attorney General under the procedures 
that apply to self-petitioners under clause (ii) or (iii), as 
applicable.
    (v)(I) For the purposes of any petition filed or approved under 
clause (ii) or (iii), divorce, or the loss of lawful permanent resident 
status by a spouse or parent after the filing of a petition under that 
clause shall not adversely affect approval of the petition, and, for an 
approved petition, shall not affect the alien's ability to adjust status 
under subsections (a) and (c) of section 1255 of this title or obtain 
status as a lawful permanent resident based on an approved self-petition 
under clause (ii) or (iii).
    (II) Upon the lawful permanent resident spouse or parent becoming or 
establishing the existence of United States citizenship through 
naturalization, acquisition of citizenship, or other means, any petition 
filed with the Immigration and Naturalization Service and pending or 
approved under clause (ii) or (iii) on behalf of an alien who has been 
battered or subjected to extreme cruelty shall be deemed reclassified as 
a petition filed under subparagraph (A) even if the acquisition of 
citizenship occurs after divorce or termination of parental rights.
    (C) Notwithstanding section 1101(f) of this title, an act or 
conviction that is waivable with respect to the petitioner for purposes 
of a determination of the petitioner's admissibility under section 
1182(a) of this title or deportability under section 1227(a) of this 
title shall not bar the Attorney General from finding the petitioner to 
be of good moral character under subparagraph (A)(iii), (A)(iv), 
(B)(ii), or (B)(iii) if the Attorney General finds that the act or 
conviction was connected to the alien's having been battered or 
subjected to extreme cruelty.
    (D)(i)(I) Any child who attains 21 years of age who has filed a 
petition under clause (iv) of subsection (a)(1)(A) of this section that 
was filed or approved before the date on which the child attained 21 
years of age shall be considered (if the child has not been admitted or 
approved for lawful permanent residence by the date the child attained 
21 years of age) a petitioner for preference status under paragraph (1), 
(2), or (3) of section 1153(a) of this title, whichever paragraph is 
applicable, with the same priority date assigned to the self-petition 
filed under clause (iv) of subsection (a)(1)(A) of this section. No new 
petition shall be required to be filed.
    (II) Any individual described in subclause (I) is eligible for 
deferred action and work authorization.
    (III) Any derivative child who attains 21 years of age who is 
included in a petition described in clause (ii) that was filed or 
approved before the date on which the child attained 21 years of age 
shall be considered (if the child has not been admitted or approved for 
lawful permanent residence by the date the child attained 21 years of 
age) a petitioner for preference status under paragraph (1), (2), or (3) 
of section 1153(a) of this title, whichever paragraph is applicable, 
with the same priority date as that assigned to the petitioner in any 
petition described in clause (ii). No new petition shall be required to 
be filed.
    (IV) Any individual described in subclause (III) and any derivative 
child of a petition described in clause (ii) is eligible for deferred 
action and work authorization.
    (ii) The petition referred to in clause (i)(III) is a petition filed 
by an alien under subparagraph (A)(iii), (A)(iv), (B)(ii) or (B)(iii) in 
which the child is included as a derivative beneficiary.
    (E) Any alien desiring to be classified under section 1153(b)(1)(A) 
of this title, or any person on behalf of such an alien, may file a 
petition with the Attorney General for such classification.
    (F) Any employer desiring and intending to employ within the United 
States an alien entitled to classification under section 1153(b)(1)(B), 
1153(b)(1)(C), 1153(b)(2), or 1153(b)(3) of this title may file a 
petition with the Attorney General for such classification.
    (G)(i) Any alien (other than a special immigrant under section 
1101(a)(27)(D) of this title) desiring to be classified under section 
1153(b)(4) of this title, or any person on behalf of such an alien, may 
file a petition with the Attorney General for such classification.
    (ii) Aliens claiming status as a special immigrant under section 
1101(a)(27)(D) of this title may file a petition only with the Secretary 
of State and only after notification by the Secretary that such status 
has been recommended and approved pursuant to such section.
    (H) Any alien desiring to be classified under section 1153(b)(5) of 
this title may file a petition with the Attorney General for such 
classification.
    (I)(i) Any alien desiring to be provided an immigrant visa under 
section 1153(c) of this title may file a petition at the place and time 
determined by the Secretary of State by regulation. Only one such 
petition may be filed by an alien with respect to any petitioning period 
established. If more than one petition is submitted all such petitions 
submitted for such period by the alien shall be voided.
    (ii)(I) The Secretary of State shall designate a period for the 
filing of petitions with respect to visas which may be issued under 
section 1153(c) of this title for the fiscal year beginning after the 
end of the period.
    (II) Aliens who qualify, through random selection, for a visa under 
section 1153(c) of this title shall remain eligible to receive such visa 
only through the end of the specific fiscal year for which they were 
selected.
    (III) The Secretary of State shall prescribe such regulations as may 
be necessary to carry out this clause.
    (iii) A petition under this subparagraph shall be in such form as 
the Secretary of State may by regulation prescribe and shall contain 
such information and be supported by such documentary evidence as the 
Secretary of State may require.
    (J) In acting on petitions filed under clause (iii) or (iv) of 
subparagraph (A) or clause (ii) or (iii) of subparagraph (B), or in 
making determinations under subparagraphs (C) and (D), the Attorney 
General shall consider any credible evidence relevant to the petition. 
The determination of what evidence is credible and the weight to be 
given that evidence shall be within the sole discretion of the Attorney 
General.
    (2)(A) The Attorney General may not approve a spousal second 
preference petition for the classification of the spouse of an alien if 
the alien, by virtue of a prior marriage, has been accorded the status 
of an alien lawfully admitted for permanent residence as the spouse of a 
citizen of the United States or as the spouse of an alien lawfully 
admitted for permanent residence, unless--
        (i) a period of 5 years has elapsed after the date the alien 
    acquired the status of an alien lawfully admitted for permanent 
    residence, or
        (ii) the alien establishes to the satisfaction of the Attorney 
    General by clear and convincing evidence that the prior marriage (on 
    the basis of which the alien obtained the status of an alien 
    lawfully admitted for permanent residence) was not entered into for 
    the purpose of evading any provision of the immigration laws.

In this subparagraph, the term ``spousal second preference petition'' 
refers to a petition, seeking preference status under section 1153(a)(2) 
of this title, for an alien as a spouse of an alien lawfully admitted 
for permanent residence.
    (B) Subparagraph (A) shall not apply to a petition filed for the 
classification of the spouse of an alien if the prior marriage of the 
alien was terminated by the death of his or her spouse.

(b) Investigation; consultation; approval; authorization to grant 
        preference status

    After an investigation of the facts in each case, and after 
consultation with the Secretary of Labor with respect to petitions to 
accord a status under section 1153(b)(2) or 1153(b)(3) of this title, 
the Attorney General shall, if he determines that the facts stated in 
the petition are true and that the alien in behalf of whom the petition 
is made is an immediate relative specified in section 1151(b) of this 
title, or is eligible for preference under subsection (a) or (b) of 
section 1153 of this title, approve the petition and forward one copy 
thereof to the Department of State. The Secretary of State shall then 
authorize the consular officer concerned to grant the preference status.

(c) Limitation on orphan petitions approved for a single petitioner; 
        prohibition against approval in cases of marriages entered into 
        in order to evade immigration laws; restriction on future entry 
        of aliens involved with marriage fraud

    Notwithstanding the provisions of subsection (b) of this section no 
petition shall be approved if (1) the alien has previously been 
accorded, or has sought to be accorded, an immediate relative or 
preference status as the spouse of a citizen of the United States or the 
spouse of an alien lawfully admitted for permanent residence, by reason 
of a marriage determined by the Attorney General to have been entered 
into for the purpose of evading the immigration laws, or (2) the 
Attorney General has determined that the alien has attempted or 
conspired to enter into a marriage for the purpose of evading the 
immigration laws.

(d) Recommendation of valid home-study

    Notwithstanding the provisions of subsections (a) and (b) of this 
section no petition may be approved on behalf of a child defined in 
section 1101(b)(1)(F) of this title unless a valid home-study has been 
favorably recommended by an agency of the State of the child's proposed 
residence, or by an agency authorized by that State to conduct such a 
study, or, in the case of a child adopted abroad, by an appropriate 
public or private adoption agency which is licensed in the United 
States.

(e) Subsequent finding of non-entitlement to preference classification

    Nothing in this section shall be construed to entitle an immigrant, 
in behalf of whom a petition under this section is approved, to be 
admitted \1\ the United States as an immigrant under subsection (a), 
(b), or (c) of section 1153 of this title or as an immediate relative 
under section 1151(b) of this title if upon his arrival at a port of 
entry in the United States he is found not to be entitled to such 
classification.
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    \1\ So in original. Probably should be followed by ``to''.
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(f) Preferential treatment for children fathered by United States 
        citizens and born in Korea, Vietnam, Laos, Kampuchea, or 
        Thailand after 1950 and before October 22, 1982

    (1) Any alien claiming to be an alien described in paragraph (2)(A) 
of this subsection (or any person on behalf of such an alien) may file a 
petition with the Attorney General for classification under section 
1151(b), 1153(a)(1), or 1153(a)(3) of this title, as appropriate. After 
an investigation of the facts of each case the Attorney General shall, 
if the conditions described in paragraph (2) are met, approve the 
petition and forward one copy to the Secretary of State.
    (2) The Attorney General may approve a petition for an alien under 
paragraph (1) if--
        (A) he has reason to believe that the alien (i) was born in 
    Korea, Vietnam, Laos, Kampuchea, or Thailand after 1950 and before 
    October 22, 1982, and (ii) was fathered by a United States citizen;
        (B) he has received an acceptable guarantee of legal custody and 
    financial responsibility described in paragraph (4); and
        (C) in the case of an alien under eighteen years of age, (i) the 
    alien's placement with a sponsor in the United States has been 
    arranged by an appropriate public, private, or State child welfare 
    agency licensed in the United States and actively involved in the 
    intercountry placement of children and (ii) the alien's mother or 
    guardian has in writing irrevocably released the alien for 
    emigration.

    (3) In considering petitions filed under paragraph (1), the Attorney 
General shall--
        (A) consult with appropriate governmental officials and 
    officials of private voluntary organizations in the country of the 
    alien's birth in order to make the determinations described in 
    subparagraphs (A) and (C)(ii) of paragraph (2); and
        (B) consider the physical appearance of the alien and any 
    evidence provided by the petitioner, including birth and baptismal 
    certificates, local civil records, photographs of, and letters or 
    proof of financial support from, a putative father who is a citizen 
    of the United States, and the testimony of witnesses, to the extent 
    it is relevant or probative.

    (4)(A) A guarantee of legal custody and financial responsibility for 
an alien described in paragraph (2) must--
        (i) be signed in the presence of an immigration officer or 
    consular officer by an individual (hereinafter in this paragraph 
    referred to as the ``sponsor'') who is twenty-one years of age or 
    older, is of good moral character, and is a citizen of the United 
    States or alien lawfully admitted for permanent residence, and
        (ii) provide that the sponsor agrees (I) in the case of an alien 
    under eighteen years of age, to assume legal custody for the alien 
    after the alien's departure to the United States and until the alien 
    becomes eighteen years of age, in accordance with the laws of the 
    State where the alien and the sponsor will reside, and (II) to 
    furnish, during the five-year period beginning on the date of the 
    alien's acquiring the status of an alien lawfully admitted for 
    permanent residence, or during the period beginning on the date of 
    the alien's acquiring the status of an alien lawfully admitted for 
    permanent residence and ending on the date on which the alien 
    becomes twenty-one years of age, whichever period is longer, such 
    financial support as is necessary to maintain the family in the 
    United States of which the alien is a member at a level equal to at 
    least 125 per centum of the current official poverty line (as 
    established by the Director of the Office of Management and Budget, 
    under section 9902(2) of title 42 and as revised by the Secretary of 
    Health and Human Services under the second and third sentences of 
    such section) for a family of the same size as the size of the 
    alien's family.

    (B) A guarantee of legal custody and financial responsibility 
described in subparagraph (A) may be enforced with respect to an alien 
against his sponsor in a civil suit brought by the Attorney General in 
the United States district court for the district in which the sponsor 
resides, except that a sponsor or his estate shall not be liable under 
such a guarantee if the sponsor dies or is adjudicated a bankrupt under 
title 11.

(g) Restriction on petitions based on marriages entered while in 
        exclusion or deportation proceedings

    Notwithstanding subsection (a) of this section, except as provided 
in section 1255(e)(3) of this title, a petition may not be approved to 
grant an alien immediate relative status or preference status by reason 
of a marriage which was entered into during the period described in 
section 1255(e)(2) of this title, until the alien has resided outside 
the United States for a 2-year period beginning after the date of the 
marriage.

(h) Survival of rights to petition

    The legal termination of a marriage may not be the sole basis for 
revocation under section 1155 of this title of a petition filed under 
subsection (a)(1)(A)(iii) of this section or a petition filed under 
subsection (a)(1)(B)(ii) of this section pursuant to conditions 
described in subsection (a)(1)(A)(iii)(I) of this section. Remarriage of 
an alien whose petition was approved under subsection (a)(1)(B)(ii) or 
(a)(1)(A)(iii) of this section or marriage of an alien described in 
clause (iv) or (vi) of subsection (a)(1)(A) of this section or in 
subsection (a)(1)(B)(iii) of this section shall not be the basis for 
revocation of a petition approval under section 1155 of this title.

(i) Professional athletes

                           (1) In general

        A petition under subsection (a)(4)(D) \2\ of this section for 
    classification of a professional athlete shall remain valid for the 
    athlete after the athlete changes employers, if the new employer is 
    a team in the same sport as the team which was the employer who 
    filed the petition.
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    \2\ So in original. Probably should be subsection ``(a)(1)(D)''.
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                (2) ``Professional athlete'' defined

        For purposes of paragraph (1), the term ``professional athlete'' 
    means an individual who is employed as an athlete by--
            (A) a team that is a member of an association of 6 or more 
        professional sports teams whose total combined revenues exceed 
        $10,000,000 per year, if the association governs the conduct of 
        its members and regulates the contests and exhibitions in which 
        its member teams regularly engage; or
            (B) any minor league team that is affiliated with such an 
        association.

(j) Job flexibility for long delayed applicants for adjustment of status 
        to permanent residence

    A petition under subsection (a)(1)(D) of this section for an 
individual whose application for adjustment of status pursuant to 
section 1255 of this title has been filed and remained unadjudicated for 
180 days or more shall remain valid with respect to a new job if the 
individual changes jobs or employers if the new job is in the same or a 
similar occupational classification as the job for which the petition 
was filed.

(June 27, 1952, ch. 477, title II, ch. 1, Sec. 204, 66 Stat. 179; Pub. 
L. 87-885, Sec. 3, Oct. 24, 1962, 76 Stat. 1247; Pub. L. 89-236, Sec. 4, 
Oct. 3, 1965, 79 Stat. 915; Pub. L. 94-571, Sec. 7(b), Oct. 20, 1976, 90 
Stat. 2706; Pub. L. 95-417, Secs. 2, 3, Oct. 5, 1978, 92 Stat. 917; Pub. 
L. 96-470, title II, Sec. 207, Oct. 19, 1980, 94 Stat. 2245; Pub. L. 97-
116, Secs. 3, 18(d), Dec. 29, 1981, 95 Stat. 1611, 1620; Pub. L. 97-359, 
Oct. 22, 1982, 96 Stat. 1716; Pub. L. 99-639, Secs. 2(c), 4(a), 5(b), 
Nov. 10, 1986, 100 Stat. 3541, 3543; Pub. L. 100-525, Sec. 9(g), Oct. 
24, 1988, 102 Stat. 2620; Pub. L. 101-649, title I, Sec. 162(b), title 
VII, Sec. 702(b), Nov. 29, 1990, 104 Stat. 5010, 5086; Pub. L. 102-232, 
title III, Secs. 302(e)(4), (5), 308(b), 309(b)(5), Dec. 12, 1991, 105 
Stat. 1745, 1746, 1757, 1758; Pub. L. 103-322, title IV, Sec. 40701(a), 
(b)(1), (c), Sept. 13, 1994, 108 Stat. 1953, 1954; Pub. L. 103-416, 
title II, Sec. 219(b)(2), Oct. 25, 1994, 108 Stat. 4316; Pub. L. 104-
208, div. C, title III, Sec. 308(e)(1)(A), (f)(2)(A), title VI, 
Sec. 624(b), Sept. 30, 1996, 110 Stat. 3009-619, 3009-621, 3009-699; 
Pub. L. 106-279, title III, Sec. 302(b), Oct. 6, 2000, 114 Stat. 839; 
Pub. L. 106-313, title I, Sec. 106(c)(1), Oct. 17, 2000, 114 Stat. 1254; 
Pub. L. 106-386, div. B, title V, Secs. 1503(b)-(d), 1507(a)(1), (2), 
(b), Oct. 28, 2000, 114 Stat. 1518-1521, 1529, 1530.)

                       Amendment of Subsection (d)

        Pub. L. 106-279, title III, Secs. 302(b), 505(a)(2), (b), Oct. 
    6, 2000, 114 Stat. 839, 844, provided that, effective upon entry 
    into force for the United States of the Convention on Protection of 
    Children and Cooperation in Respect of Intercountry Adoption, 
    pursuant to Article 46(2)(a) of the Convention, with transition 
    rule, subsection (d) of this section is amended by striking ``(d)'' 
    and inserting ``(d)(1)'', by striking ``section 1101(b)(1)(F)'' and 
    inserting ``subparagraph (F) or (G) of section 1101(b)(1)'', and by 
    adding at the end the following new paragraph:

    (2) Notwithstanding the provisions of subsections (a) and (b) of 
this section, no petition may be approved on behalf of a child defined 
in section 1101(b)(1)(G) of this title unless the Secretary of State has 
certified that the central authority of the child's country of origin 
has notified the United States central authority under the convention 
referred to in such section 1101(b)(1)(G) of this title that a United 
States citizen habitually resident in the United States has effected 
final adoption of the child, or has been granted custody of the child 
for the purpose of emigration and adoption, in accordance with such 
convention and the Intercountry Adoption Act of 2000 [42 U.S.C. 14901 et 
seq.].


                               Amendments

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


                    Effective Date of 2000 Amendment

    Amendment by Pub. L. 106-279 effective upon entry into force for the 
United States of the Convention on Protection of Children and 
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 1996 Amendment

    Amendment by section 308(e)(1)(A), (f)(2)(A) of Pub. L. 104-208 
effective, with certain transitional provisions, on the first day of the 
first month beginning more than 180 days after Sept. 30, 1996, see 
section 309 of Pub. L. 104-208, set out as a note under section 1101 of 
this title.


                    Effective Date of 1994 Amendments

    Amendment by Pub. L. 103-416 effective as if included in the 
enactment of the Immigration Act of 1990, Pub. L. 101-649, see section 
219(dd) of Pub. L. 103-416, set out as a note under section 1101 of this 
title.
    Amendment by Pub. L. 103-322 effective Jan. 1, 1995, see section 
40701(d) of Pub. L. 103-322, set out as a note under section 1151 of 
this title.


                    Effective Date of 1991 Amendment

    Amendment by sections 302(e)(4), (5) and 308(b) of Pub. L. 102-232 
effective as if included in the enactment of the Immigration Act of 
1990, Pub. L. 101-649, see section 310(1) of Pub. L. 102-232, set out as 
a note under section 1101 of this title.


                    Effective Date of 1990 Amendment

    Amendment by section 162(b) of Pub. L. 101-649 effective Nov. 29, 
1990, but only insofar as section 162(b) relates to visas for fiscal 
years beginning with fiscal year 1992, with general transition 
provisions, see section 161(b), (c) of Pub. L. 101-649, set out as a 
note under section 1101 of this title.
    Section 702(c) of Pub. L. 101-649 provided that: ``The amendments 
made by this section [amending sections 1154 and 1255 of this title] 
shall apply to marriages entered into before, on, or after the date of 
the enactment of this Act [Nov. 29, 1990].''


                    Effective Date of 1986 Amendment

    Section 4(b) of Pub. L. 99-639 provided that: ``The amendment made 
by subsection (a) [amending this section] shall apply to petitions filed 
on or after the date of the enactment of this Act [Nov. 10, 1986].''
    Section 5(c) of Pub. L. 99-639 provided that: ``The amendments made 
by this section [amending this section and section 1255 of this title] 
shall apply to marriages entered into on or after the date of the 
enactment of this Act [Nov. 10, 1986].''


                    Effective Date of 1981 Amendment

    Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section 
21(a) of Pub. L. 97-116, set out as a note under section 1101 of this 
title.


                    Effective Date of 1976 Amendment

    Amendment by Pub. L. 94-571 effective on first day of first month 
which begins more than sixty days after Oct. 20, 1976, see section 10 of 
Pub. L. 94-571, set out as a note under section 1101 of this title.


                    Effective Date of 1965 Amendment

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


                           Alien Sheepherders

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

                  Section Referred to in Other Sections

    This section is referred to in sections 1101, 1151, 1153, 1155, 
1182, 1183a, 1184, 1186a, 1227, 1229a, 1229b, 1255, 1255a, 1356, 1367, 
1375, 1574, 1641 of this title.
