Legal corpus: U.S. Code titles 1–11 from pinned OLRC XML (11,050 sections)
Raw OLRC USLM XML zips @ release 119-100 (retrieved 2026-07-04 via Atlas depot), ingested with the standard pipeline: raw snapshot -> per-section OKF markdown -> manifest + checksums. Title 52 untouched. LegalText: 171 -> 11,221. Titles 12-54 await a clean OLRC retry. Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
This commit is contained in:
Fabio
@@ -0,0 +1,61 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 1 to 18"
|
||||
description: "Repealed or Omitted"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "1"
|
||||
chapter_name: "GENERAL PROVISIONS"
|
||||
section: "1 to 18"
|
||||
citation: "8 U.S.C. § 1 to 18"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s1...18"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "5e6b3658c25830cb9310527d8366d078d04a619b92a3f9ca4077213357f5bbfa"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "ad30011605983739cbddd237a6ab2fd9f7af4887e60e5c70b5e1b2b60811ec90"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 1 to 18 - Repealed or Omitted
|
||||
|
||||
## Notes
|
||||
|
||||
These sections, relating to citizenship, were affected by the Nationality Act of 1940, former section 501 et seq. of this title.
|
||||
|
||||
That act was passed on Oct. 14, 1940, to consolidate and restate the laws of the United States regarding citizenship, naturalization, and expatriation, and, in addition to certain specific repeals thereby, all acts or parts of acts in conflict with its provisions were repealed by former section 904 of this title. See the notes below for history of individual sections.
|
||||
|
||||
Section 1, relating to citizenship of persons born in the United States, was repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, § 504, 54 Stat. 1172. It was from R.S. § 1992, which was revised from act Apr. 9, 1866, ch. 31, § 1, 14 Stat. 27. Similar provisions were contained in former section 601(a) of this title. See section 1401 of this title.
|
||||
|
||||
Section 2, relating to citizenship of persons born in Territory of Oregon, was from R.S. § 1995, which was revised from act May 18, 1872, ch. 172, § 3, 17 Stat. 134.
|
||||
|
||||
Sections 3 to 3c, related to citizenship of Indians. Section 3 was from acts Feb. 8, 1887, ch. 119, § 6, 24 Stat. 390; Mar. 3, 1901, ch. 868, 31 Stat. 1447; May 8, 1906, ch. 2348, 34 Stat. 182; Nov. 6, 1919, ch. 95, 41 Stat. 350; Mar. 3, 1921, ch. 120, § 3, 41 Stat. 1250; June 2, 1924, ch. 233, 43 Stat. 253; Oct. 14, 1940, ch. 876, title I, subch. V, § 504, 54 Stat. 1173. Section 3a was from act June 19, 1930, ch. 544, 46 Stat. 787. Section 3b was from acts May 7, 1934, ch. 221, § 1, 48 Stat. 667; July 23, 1947, ch. 304, § 1, 61 Stat. 414. Section 3c was from act May 7, 1934, ch. 221, § 2, 48 Stat. 667.
|
||||
|
||||
Section 4, relating to citizenship of Hawaiians, was from act Apr. 30, 1900, ch. 339, § 4, 31 Stat. 141. See section 1405 of this title.
|
||||
|
||||
Sections 5 and 5a, relating to citizenship of Puerto Ricans, were from act Mar. 2, 1917, ch. 145, §§ 5, 5a, respectively, 39 Stat. 953, as amended Mar. 4, 1927, ch. 503, § 2, 44 Stat. 1418; May 17, 1932, ch. 190, 47 Stat. 158. See section 1402 of this title.
|
||||
|
||||
Section 5a–1, making a further extension of time for Puerto Ricans to become citizens in cases of misinformation regarding status, was repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, § 504, 54 Stat. 1174. It was from act May 16, 1938, ch. 225, 52 Stat. 377. See section 1402 of this title.
|
||||
|
||||
Sections 5b and 5c, relating to citizenship of inhabitants of the Virgin Islands, were from act Feb. 25, 1927, ch. 192, §§ 1, 3, respectively, 44 Stat. 1234, 1235, as amended May 17, 1932, ch. 190, 47 Stat. 158; June 28, 1932, ch. 283, § 5, 47 Stat. 336. See section 1406 of this title.
|
||||
|
||||
Sections 5d to 9a were repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, § 504, 54 Stat. 1174. Sections 5d and 5e, relating to citizenship of persons born in Canal Zone or Panama, were from act Aug. 4, 1937, ch. 563, §§ 1, 2, respectively, 50 Stat. 558; see section 1403 of this title. Section 6, relating to citizenship of children born outside the United States, was from R.S. § 1993 (revised from acts Apr. 14, 1802, ch. 28, § 4, 2 Stat. 155; Feb. 10, 1855, ch. 71, § 1, 10 Stat. 604); act Mar. 2, 1907, ch. 2534, §§ 6, 7, 34 Stat. 1229, as amended May 24, 1934, ch. 344, § 1, 48 Stat. 797; see sections 1431 to 1433 of this title. Section 7, relating to citizenship of children of persons naturalized under certain laws, was from R.S. § 2172, which was revised from act Apr. 14, 1802, ch. 28, § 4, 2 Stat. 155. Section 8, relating to citizenship, upon parent’s naturalization, of children born abroad of alien parents, was from act Mar. 2, 1907, ch. 2534, § 5, 34 Stat. 1229, as amended May 24, 1934, ch. 344, § 2, 48 Stat. 797. Section 9, relating to citizenship of women citizens as affected by marriage, was from acts Sept. 22, 1922, ch. 411, § 3(a), 42 Stat. 1022; July 3, 1930, ch. 835, § 1, 46 Stat. 854; Mar. 3, 1931, ch. 442, § 4(a), 46 Stat. 1511; see section 1435 of this title. Section 9a, relating to repatriation of native-born women married to aliens prior to Sept. 22, 1922, was from act June 25, 1936, ch. 801, 49 Stat. 1917, as amended July 2, 1940, ch. 509, 54 Stat. 715; see section 1435(c) of this title.
|
||||
|
||||
Section 10, relating to effect of certain repeals on citizenship of women marrying citizens, was from act Sept. 22, 1922, ch. 411, § 6, 42 Stat. 1022.
|
||||
|
||||
Sections 11 and 12, relating to forfeiture of citizenship for desertion from armed forces, were repealed by acts Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 644, and Sept. 6, 1966, Pub. L. 89–554, § 8, 80 Stat. 632. Section 11 was from R.S. § 1998 (revised from act Mar. 3, 1865, ch. 79, § 21, 13 Stat. 490) as amended by acts Aug. 22, 1912, ch. 336, § 1, 37 Stat. 356; Oct. 14, 1940, ch. 876, title I, subch. V, § 504, 54 Stat. 1172. Section 12 was from R.S. §§ 1996, 1997, which were revised from acts Mar. 3, 1865, ch. 79, § 21, 13 Stat. 490, and July 19, 1867, ch. 28, 15 Stat. 14, respectively; see sections 1481 and 1483 of this title.
|
||||
|
||||
Sections 13 and 14, relating to protection of citizens when abroad, were transferred to sections 1731 and 1732 of Title 22, Foreign Relations and Intercourse.
|
||||
|
||||
Section 15, R.S. § 1999, which relates to right of expatriation, is now set out as a note under section 1481 of this title.
|
||||
|
||||
Sections 16 to 18, relating to loss of citizenship, were repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, § 504, 54 Stat. 1172. Section 16 was from act Mar. 2, 1907, ch. 2534, § 2, 34 Stat. 1228. Section 17 was from act Mar. 2, 1907, ch. 2534, §§ 2, 7, 34 Stat. 1228, 1229; see sections 1481(a), 1482 and 1484 of this title. Section 17a was from act May 24, 1934, ch. 344, § 3, 48 Stat. 797; see section 1481(a) of this title. Section 18 was from acts June 29, 1906, ch. 3592, § 4(12), 34 Stat. 596; May 9, 1918, ch. 69, § 1, 40 Stat. 545; June 21, 1930, ch. 559, 46 Stat. 791; see sections 1438(a), 1454, 1455, and 1459 of this title.
|
||||
@@ -0,0 +1,53 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 451 to 460"
|
||||
description: "Repealed. June 27, 1952, ch. 477, title IV, § 403(a)(39), 66 Stat. 280, eff. Dec. 24, 1952"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "10"
|
||||
chapter_name: "ALIEN REGISTRATION"
|
||||
section: "451 to 460"
|
||||
citation: "8 U.S.C. § 451 to 460"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s451...460"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "98bd36b9ade76b851797e63006d685d1eb8c5499d96b165b263851f284a55180"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "bb2ceae5a8930e7f286439a2eb2996a096e1f75eb5afa5b577cfdeddea0a317a"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 451 to 460 - Repealed. June 27, 1952, ch. 477, title IV, § 403(a)(39), 66 Stat. 280, eff. Dec. 24, 1952
|
||||
|
||||
## Notes
|
||||
|
||||
Section 451, act June 28, 1940, ch. 439, title III, § 30, 54 Stat. 673, required an alien seeking entry into United States to be registered and fingerprinted before the issuance to him of a visa. See sections 1201(b) and 1301 of this title.
|
||||
|
||||
Section 452, act June 28, 1940, ch. 439, title III, § 31, 54 Stat. 673, related to registration of aliens in United States. See section 1302 of this title.
|
||||
|
||||
Section 453, act June 28, 1940, ch. 439, title III, § 32, 54 Stat. 674, related to special provisions governing registration. See section 1303 of this title.
|
||||
|
||||
Section 454, act June 28, 1940, ch. 439, title III, § 33, 54 Stat. 674, related to places of registration and duties of postmasters.
|
||||
|
||||
Section 455, act June 28, 1940, ch. 439, title III, § 34, 54 Stat. 674, related to forms and procedure, confidential status of records and oaths in connection with the registration and fingerprinting of aliens. See section 1304 of this title.
|
||||
|
||||
Section 456, acts June 28, 1940, ch. 439, title III, § 35, 54 Stat. 675; Sept. 23, 1950, ch. 1024, title I, § 24(a), 64 Stat. 1012, related to notice of change of address. See section 1305 of this title.
|
||||
|
||||
Section 457, acts June 28, 1940, ch. 439, title III, § 36, 54 Stat. 675; Oct. 13, 1941, ch. 432, 55 Stat. 736; Sept. 23, 1950, ch. 1024, title I, § 24(b), 64 Stat. 1013, related to penalties. See section 1306 of this title.
|
||||
|
||||
Section 458, act June 28, 1940, ch. 439, title III, § 37, 54 Stat. 675, related to administration and enforcement of registration law. See section 1306 of this title.
|
||||
|
||||
Section 459, act June 28, 1940, ch. 439, title III, § 38, 54 Stat. 675, related to definitions and effective date. See section 1101(a)(8), (38) of this title.
|
||||
|
||||
Section 460, act June 28, 1940, ch. 439, title III, § 39, 54 Stat. 676, related to registration of aliens in Canal Zone.
|
||||
|
||||
Nationality Act of 1940On October 14, 1940, and subsequent to the enactment of former section 451 et seq. of this title, Congress passed the Nationality Act of 1940 [former section 501 et seq. of this title] for the purpose of consolidating and restating the laws of the United States upon citizenship, naturalization and expatriation. Said act contained further provisions relating to registry of aliens [former sections 728 and 746(l) of this title], and former section 504 thereof, in addition to certain specific repeals, provided that all acts or parts of acts in conflict therewith were thereby repealed.
|
||||
@@ -0,0 +1,43 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 1001 to 1006"
|
||||
description: "Repealed. June 27, 1952, ch. 477, title IV, § 403(a)(42), 66 Stat. 280, eff. Dec. 24, 1952"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "11"
|
||||
chapter_name: "NATIONALITY"
|
||||
section: "1001 to 1006"
|
||||
citation: "8 U.S.C. § 1001 to 1006"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s1001...1006"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "425766b8f68a3cb0d9070196a88967cca0d32d924a8a04f209abb69ae8c1a455"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "9c4a08b9004570efc51b608059e0939bc5ef82ff68feda0d7c445da74a5c220d"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 1001 to 1006 - Repealed. June 27, 1952, ch. 477, title IV, § 403(a)(42), 66 Stat. 280, eff. Dec. 24, 1952
|
||||
|
||||
## Notes
|
||||
|
||||
Section 1001, act Oct. 14, 1940, ch. 876, title III, § 701, as added Mar. 27, 1942, ch. 199, title X, § 1001, 56 Stat. 182; amended Dec. 22, 1944, ch. 662, § 1, 58 Stat. 886; Dec. 28, 1945, ch. 590, § 1(c)(1), 59 Stat. 658, related to exceptions from certain requirements of naturalization of persons serving in the armed forces during World War II. See section 1440 of this title.
|
||||
|
||||
Section 1002, act Oct. 14, 1940, ch. 876, title III, § 702, as added Mar. 27, 1942, ch. 199, title X, § 1001, 56 Stat. 182; amended Dec. 22, 1944, ch. 662, § 2, 58 Stat. 887, related to alien serving outside of jurisdiction of naturalization court. See section 1440 of this title.
|
||||
|
||||
Section 1003, act Oct. 14, 1940, ch. 876, title III, § 703, as added Mar. 27, 1942, ch. 199, title X, § 1001, 56 Stat. 183, related to waiver of notice to commissioner in case of alien enemy. See section 1440 of this title.
|
||||
|
||||
Section 1004, act Oct. 14, 1940, ch. 876, title III, § 704, as added Mar. 27, 1942, ch. 199, title X, § 1001, 56 Stat. 183, related to persons excepted from former subchapter. See section 1440 of this title.
|
||||
|
||||
Section 1005, act Oct. 14, 1940, ch. 876, title III, § 705, as added Mar. 27, 1942, ch. 199, title X, § 1001, 56 Stat. 183, related to forms, rules and regulations. See section 1440 of this title.
|
||||
|
||||
Section 1006, act Oct. 14, 1940, ch. 876, title III, § 706, as added Dec. 28, 1945, ch. 590, § 1(c)(2), 59 Stat. 658, related to time of service limitation. See section 1440 of this title.
|
||||
@@ -0,0 +1,33 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 501 to 504"
|
||||
description: "Repealed. June 27, 1952, ch. 477, title IV, § 403(a)(42), 66 Stat. 280, eff. Dec. 24, 1952"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "11"
|
||||
chapter_name: "NATIONALITY"
|
||||
section: "501 to 504"
|
||||
citation: "8 U.S.C. § 501 to 504"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s501...504"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "6c8175641e5b7f72bef663905fa14e264ecc1425b703998a251e4b0f897f52cb"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "ab57012efdc230c2f66b01ffca30027b065ad5fbd778c2cc1ff35ca38802cc6f"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 501 to 504 - Repealed. June 27, 1952, ch. 477, title IV, § 403(a)(42), 66 Stat. 280, eff. Dec. 24, 1952
|
||||
|
||||
## Notes
|
||||
|
||||
Sections, act Oct. 14, 1940, ch. 876, title I, subch. I, §§ 101–104, 54 Stat. 1137, 1138, related to definitions and place of general abode. See various provisions of section 1101 of this title.
|
||||
@@ -0,0 +1,35 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 601 to 605"
|
||||
description: "Repealed. June 27, 1952, ch. 477, title IV, § 403(a)(42), 66 Stat. 280, eff. Dec. 24, 1952"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "11"
|
||||
chapter_name: "NATIONALITY"
|
||||
section: "601 to 605"
|
||||
citation: "8 U.S.C. § 601 to 605"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s601...605"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "b8a8553b64ca78909ce876f7ec7152bf35f68016ade2583da8b7bcd66bdeed5a"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "9d996cc9858f6fab5db31078d9301fa34f63119059993a920acda0a89b43f9af"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 601 to 605 - Repealed. June 27, 1952, ch. 477, title IV, § 403(a)(42), 66 Stat. 280, eff. Dec. 24, 1952
|
||||
|
||||
## Notes
|
||||
|
||||
Section 601, acts Oct. 14, 1940, ch. 876, title I, subch. II, § 201, 54 Stat. 1138; July 31, 1946, ch. 708, 60 Stat. 721, related to persons born nationals and citizens. See section 1401 of this title.
|
||||
|
||||
Sections 602 to 605, act Oct. 14, 1940, ch. 876, title I, subch. II, §§ 202–205, 54 Stat. 1139, related to citizens by birth in Puerto Rico, Canal Zone or Panama, nationals but not citizens and children born out of wedlock. See sections 1402, 1403, 1408, 1409(a), (c), and 1407, respectively, of this title.
|
||||
@@ -0,0 +1,35 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 606"
|
||||
description: "Transferred"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "11"
|
||||
chapter_name: "NATIONALITY"
|
||||
section: "606"
|
||||
citation: "8 U.S.C. § 606"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s606"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "f51ed7c9d836bd7b58324b9c7f3914418672072b68a5053a3de063f018bf79ed"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "bb374d4f63a27c2abffc8c7f582aad4e7e795e32d35cc270aa6a9bb0fd3676b6"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 606 - Transferred
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Codification Section transferred to section 1421l of Title 48, Territories and Insular Possessions. That section was later repealed. See section 1407 of this title.
|
||||
@@ -0,0 +1,83 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 701 to 724a"
|
||||
description: "Repealed. June 27, 1952, ch. 477, title IV, § 403(a)(40), (42), 66 Stat. 279, 280, eff. Dec. 24, 1952"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "11"
|
||||
chapter_name: "NATIONALITY"
|
||||
section: "701 to 724a"
|
||||
citation: "8 U.S.C. § 701 to 724a"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s701...724a"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "f98782bc4396342677e61110b6793c410604fd54de8d7636c21c0ef5adaaec3e"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "506fd1d51f9084ba9e8085dbf599e736cdc5738faaac1341276da69e9627a0cd"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 701 to 724a - Repealed. June 27, 1952, ch. 477, title IV, § 403(a)(40), (42), 66 Stat. 279, 280, eff. Dec. 24, 1952
|
||||
|
||||
## Notes
|
||||
|
||||
Section 701, act Oct. 14, 1940, ch. 876, title I, subchap. III, § 301, 54 Stat. 1140, related to jurisdiction to naturalize. See section 1421 of this title.
|
||||
|
||||
Section 702, act Oct. 14, 1940, ch. 876, title I, subchap. III, § 302, 54 Stat. 1140, related to sex or marriage, as affecting eligibility for naturalization. See section 1422 of this title.
|
||||
|
||||
Section 703, acts Oct. 14, 1940, ch. 876, title I, subchap. III, § 303, 54 Stat. 1140; Dec. 17, 1943, ch. 344, § 3, 57 Stat. 601; July 2, 1946, ch. 534, § 1, 60 Stat. 416; Aug. 1, 1950, ch. 512, § 4(b), 64 Stat. 385, related to races affecting eligibility. See section 1422 of this title.
|
||||
|
||||
Section 704, acts Oct. 14, 1940, ch. 876, title I, subchap. III, § 304, 54 Stat. 1140; Sept. 23, 1950, ch. 1024, title I, § 30, 64 Stat. 1018, related to language, history and principles of government affecting eligibility. See section 1423 of this title.
|
||||
|
||||
Section 705, acts Oct. 14, 1940, ch. 876, title I, subchap. III, § 305, 54 Stat. 1141; Sept. 23, 1950, ch. 1024, title I, § 25, 64 Stat. 1013, related to exclusion from naturalization. See sections 1424(a)–(c), 1427(f), and 1451(c) of this title.
|
||||
|
||||
Section 706, act Oct. 14, 1940, ch. 876, title I, subchap. III, § 306, 54 Stat. 1141, related to desertion from the armed forces or evasion of draft as affecting eligibility. See section 1425 of this title.
|
||||
|
||||
Section 707, act Oct. 14, 1940, ch. 876, title I, subchap. III, § 307, 54 Stat. 1142, related to residence as affecting eligibility. See sections 1427(a)–(c) and 1441(a)(2) of this title.
|
||||
|
||||
Section 708, act Oct. 14, 1940, ch. 876, title I, subchap. III, § 308, 54 Stat. 1143, related to temporary absence of clergyman as affecting eligibility. See section 1428 of this title.
|
||||
|
||||
Section 709, act Oct. 14, 1940, ch. 876, title I, subchap. III, § 309, 54 Stat. 1143, related to requirements as to proof of eligibility. See sections 1446(f)–(h) and 1447(e) of this title.
|
||||
|
||||
Section 710, act Oct. 14, 1940, ch. 876, title I, subchap. III, § 310, 54 Stat. 1144, related to married persons being excepted from certain requirements. See section 1430(a) of this title.
|
||||
|
||||
Section 711, act Oct. 14, 1940, ch. 876, title I, subchap. III, § 311, 54 Stat. 1145, related to spouse of United States citizen residing in United States, in marital union prior to petition. See section 1430(a) of this title.
|
||||
|
||||
Section 712, act Oct. 14, 1940, ch. 876, title I, subchap. III, § 312, 54 Stat. 1145, related to alien whose spouse is United States citizen regularly stationed abroad by United States employer. See section 1430(b) of this title.
|
||||
|
||||
Section 713, act Oct. 14, 1940, ch. 876, title I, subchap. III, § 313, 54 Stat. 1145, related to children born outside United States, one parent a continuous United States citizen and the other an alien subsequently naturalized. See section 1431 of this title.
|
||||
|
||||
Section 714, act Oct. 14, 1940, ch. 876, title I, subchap. III, § 314, 54 Stat. 1145, related to children born outside United States, both parents aliens, or one an alien and the other a citizen subsequently losing citizenship.
|
||||
|
||||
Section 715, act Oct. 14, 1940, ch. 876, title I, subchap. III, § 315, 54 Stat. 1146, related to children born of one parent a United States citizen. See section 1433 of this title.
|
||||
|
||||
Section 716, act Oct. 14, 1940, ch. 876, title I, subchap. III, § 316, 54 Stat. 1146, related to children adopted by United States citizens. See section 1434(a) of this title.
|
||||
|
||||
Section 717, act Oct. 14, 1940, ch. 876, title I, subchap. III, § 317, 54 Stat. 1146, related to former citizens being excepted from certain requirements. See sections 1435(a), (c) and 1482 of this title.
|
||||
|
||||
Sections 718 to 720, act Oct. 14, 1940, ch. 876, title I, subchap. III, §§ 318–320, 54 Stat. 1147, 1148, related respectively to citizenship lost by parent’s expatriation, minor child’s citizenship lost through cancellation of parent’s naturalization and the exception from certain requirements of persons misinformed of citizenship status. Sections 718 and 719 are covered by sections 1482 and 1451(f), respectively, of this title.
|
||||
|
||||
Section 720a, act July 2, 1940, ch. 512, §§ 1, 2, 54 Stat. 715, related to aliens spending childhood in United States as excepted from certain requirements.
|
||||
|
||||
Section 721, act Oct. 14, 1940, ch. 876, title I, subchap. III, § 321, 54 Stat. 1148, related to nationals but not citizens of the United States. See section 1436 of this title.
|
||||
|
||||
Section 721a, act Oct. 14, 1940, ch. 876, title I, subchap. III, § 321a, as added July 2, 1946, ch. 534, § 2, 60 Stat. 417, related to resident Filipinos excepted from certain requirements. See section 1437 of this title.
|
||||
|
||||
Section 722, act Oct. 14, 1940, ch. 876, title I, subchap. III, § 322, 54 Stat. 1148, related to persons born in Puerto Rico of alien parents. See section 1402 of this title.
|
||||
|
||||
Section 723, acts Oct. 14, 1940, ch. 876, title I, subchap. III, § 323, 54 Stat. 1149; Apr. 2, 1942, ch. 208, 56 Stat. 198; Aug. 7, 1946, ch. 769, 60 Stat. 865; Aug. 16, 1951, ch. 321, § 2, 65 Stat. 191, related to former United States citizens losing citizenship by entering armed forces of nonenemy countries during World Wars I and II. See section 1438(a) of this title.
|
||||
|
||||
Section 723a, act Oct. 14, 1940, ch. 876, title I, subchap. III, § 323a, as added Dec. 7, 1942, ch. 690, 56 Stat. 1041, related to naturalization of persons serving in the armed forces of United States during World War I and earlier wars. See section 1440(a) of this title.
|
||||
|
||||
Section 724, acts Oct. 14, 1940, ch. 876, title I, subchap. III, § 324, 54 Stat. 1149; July 2, 1946, ch. 534, § 3, 60 Stat. 417, related to persons serving in the armed forces of the United States. See section 1439 of this title.
|
||||
|
||||
Section 724a, act Oct. 14, 1940, ch. 876, title I, subchap. III, § 324a, as added June 1, 1948, ch. 360, § 1, 62 Stat. 282; amended June 29, 1949, ch. 274, 63 Stat. 282, related to persons serving on active duty in armed forces of United States during World Wars I and II. See section 1440(a)–(c) of this title.
|
||||
@@ -0,0 +1,35 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 724a–1"
|
||||
description: "Transferred"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "11"
|
||||
chapter_name: "NATIONALITY"
|
||||
section: "724a–1"
|
||||
citation: "8 U.S.C. § 724a–1"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s724a–1"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "c6d1c8385e9067d6fdd0ffcce17b35f296543cdd55f245a9757d3b12d8d822ac"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "aa123ca50e5c0f9b641aa6da261ea03b81dbee923af28044d218df8da827221b"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 724a–1 - Transferred
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Codification Section, acts June 30, 1950, ch. 443, § 4, 64 Stat. 316; June 27, 1952, ch. 477, title IV, § 402(e), 66 Stat. 276, is set out as a note under section 1440 of this title.
|
||||
@@ -0,0 +1,37 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 725 to 727"
|
||||
description: "Repealed. June 27, 1952, ch. 477, title IV, § 403(a)(42), 66 Stat. 280, eff. Dec. 24, 1952"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "11"
|
||||
chapter_name: "NATIONALITY"
|
||||
section: "725 to 727"
|
||||
citation: "8 U.S.C. § 725 to 727"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s725...727"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "4f3b9138a5ed84b331e5009b9cb1a1db5082187f2f49f2fec7620939de07f0f1"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "1a8f0b0ca431ce76959dd0003d9083c105c1f9826adefb8237c6588b95ca9d97"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 725 to 727 - Repealed. June 27, 1952, ch. 477, title IV, § 403(a)(42), 66 Stat. 280, eff. Dec. 24, 1952
|
||||
|
||||
## Notes
|
||||
|
||||
Section 725, acts Oct. 14, 1940, ch. 876, title I, subchap. III, § 325, 54 Stat. 1150; Sept. 23, 1950, ch. 1024, title I, § 26, 64 Stat. 1015, related to aliens serving on certain United States vessels. See section 1441(a)(1) of this title.
|
||||
|
||||
Section 726, act Oct. 14, 1940, ch. 876, title I, subchap. III, § 326, 54 Stat. 1150, related to alien enemies. See section 1442(a)–(c), (e) of this title.
|
||||
|
||||
Section 727, acts Oct. 14, 1940, ch. 876, title I, subchap. III, § 327, 54 Stat. 1150; May 16, 1947, ch. 72, 61 Stat. 97, related to administration of naturalization laws. See section 1443 of this title.
|
||||
@@ -0,0 +1,33 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 727a"
|
||||
description: "Repealed. Feb. 29, 1952, ch. 49, § 3, 66 Stat. 10"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "11"
|
||||
chapter_name: "NATIONALITY"
|
||||
section: "727a"
|
||||
citation: "8 U.S.C. § 727a"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s727a"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "dcd4551b06e458d5a2460646af1d8d81d4ab948be7056a231b1e7a2dad28b937"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "0f0cc6569eddcc1a23aec39fefc70dd0e6da96b019245517ab76b696cac37541"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 727a - Repealed. Feb. 29, 1952, ch. 49, § 3, 66 Stat. 10
|
||||
|
||||
## Notes
|
||||
|
||||
Section, act May 3, 1940, ch. 183, § 2, 54 Stat. 178, related to patriotic address to new citizens. See section 1448a of this title.
|
||||
@@ -0,0 +1,67 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 728 to 746"
|
||||
description: "Repealed. June 27, 1952, ch. 477, title IV, § 403(a)(42), (46), 66 Stat. 280, eff. Dec. 24, 1952"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "11"
|
||||
chapter_name: "NATIONALITY"
|
||||
section: "728 to 746"
|
||||
citation: "8 U.S.C. § 728 to 746"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s728...746"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "7eb6ea062c244b4bfe017ff16ad2bcd0350113c1f738facaa71f8689cdb604bb"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "ba87f18e0aceddb84cda8fcbff60c55fc4404dc476a387fb365f1ad4d54a31eb"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 728 to 746 - Repealed. June 27, 1952, ch. 477, title IV, § 403(a)(42), (46), 66 Stat. 280, eff. Dec. 24, 1952
|
||||
|
||||
## Notes
|
||||
|
||||
Section 728, act Oct. 14, 1940, ch. 876, title I, subchap. III, § 328, 54 Stat. 1151, related to registration of aliens. See sections 1230 and 1259 of this title.
|
||||
|
||||
Section 729, acts Oct. 14, 1940, ch. 876, title I, subchap. III, § 329, 54 Stat. 1152; Sept. 23, 1950, ch. 1024, title I, § 27, 64 Stat. 1015, related to certificate of arrival. See section 1429 of this title.
|
||||
|
||||
Section 730, act Oct. 14, 1940, ch. 876, title I, subchap. III, § 330, 54 Stat. 1152, related to photographs. See section 1444 of this title.
|
||||
|
||||
Section 731, acts Oct. 14, 1940, ch. 876, title I, subchap. III, § 331, 54 Stat. 1153; May 31, 1947, ch. 87, § 1, 61 Stat. 121, related to declaration of intention. See section 1445(f) of this title.
|
||||
|
||||
Section 732, acts Oct. 14, 1940, ch. 876, title I, subchap. III, § 332, 54 Stat. 1154; May 31, 1947, ch. 87, § 2, 61 Stat. 122; June 25, 1948, ch. 656, 62 Stat. 1026, related to petition for naturalization. See section 1445(a)–(d) of this title.
|
||||
|
||||
Section 732a, act May 31, 1947, ch. 87, § 5, 61 Stat. 122, related to waiver of appearance or petition for naturalization. See section 1445(e) of this title.
|
||||
|
||||
Section 733, acts Oct. 14, 1940, ch. 876, title I, subchap. III, § 333, 54 Stat. 1156; Sept. 23, 1950, ch. 1024, title I, § 28(a), 64 Stat. 1016, related to hearings on petitions. See section 1446(a)–(e) of this title.
|
||||
|
||||
Section 734, acts Oct. 14, 1940, ch. 876, title I, subchap. III, § 334, 54 Stat. 1156; May 31, 1947, ch. 87, § 3, 61 Stat. 122; Sept. 23, 1950, ch. 1024, title I, § 28(b), 64 Stat. 1016, related to final hearings. See section 1447(a)–(d), (f) of this title.
|
||||
|
||||
Section 735, acts Oct. 14, 1940, ch. 876, title I, subchap. III, § 335, 54 Stat. 1157; May 31, 1947, ch. 87, § 4, 61 Stat. 122; Sept. 23, 1950, ch. 1024, title I, § 29, 64 Stat. 1017, related to oath of renunciation and allegiance. See section 1448 of this title.
|
||||
|
||||
Section 736, act Oct. 14, 1940, ch. 876, title I, subchap. III, § 336, 54 Stat. 1157, related to certificate of naturalization. See section 1449 of this title.
|
||||
|
||||
Section 737, act Oct. 14, 1940, ch. 876, title I, subchap. III, § 337, 54 Stat. 1158, related to functions and duties of the clerks of courts. See sections 1449 and 1450 of this title.
|
||||
|
||||
Section 738, act Oct. 14, 1940, ch. 876, title I, subchap. III, § 338, 54 Stat. 1158, related to revocation of naturalization. See section 1451(a), (b), (d), (e), (g)–(i) of this title.
|
||||
|
||||
Section 739, acts Oct. 14, 1940, ch. 876, title I, subchap. III, § 339, 54 Stat. 1160; Jan. 20, 1944, ch. 2, § 3, 58 Stat. 4; July 23, 1947, ch. 304, § 2, 61 Stat. 414, related to certificates of derivative citizenship. See section 1452 of this title.
|
||||
|
||||
Section 740, act Oct. 14, 1940, ch. 876, title I, subchap. III, § 340, 54 Stat. 1160, related to revocation of certificates issued by the commissioner or deputy. See section 1453 of this title.
|
||||
|
||||
Section 741, act Oct. 14, 1940, ch. 876, title I, subchap. III, § 341, 54 Stat. 1160, related to documents and copies issued by commissioner or deputy. See section 1454 of this title.
|
||||
|
||||
Section 742, acts Oct. 14, 1940, ch. 876, title I, subchap. III, § 342, 54 Stat. 1161; Jan. 20, 1944, ch. 2, § 3, 58 Stat. 5; Sept. 27, 1944, ch. 415, 58 Stat. 745; Sept. 28, 1944, ch. 446, §§ 1, 2, 58 Stat. 755; Nov. 21, 1945, ch. 490, 59 Stat. 585; July 1, 1947, ch. 194, 61 Stat. 240, related to fiscal provisions. See section 1455 of this title.
|
||||
|
||||
Sections 743 to 745, act Oct. 14, 1940, ch. 876, title I, subchap. III, §§ 343–345, 54 Stat. 1163, related to mail, textbooks, and compilation of naturalization statistics. See sections 1457 and 1458 of this title.
|
||||
|
||||
Section 746, acts Oct. 14, 1940, ch. 876, title I, subchap. III, § 346, 54 Stat. 1163; June 25, 1948, ch. 645, § 21, 62 Stat. 862, related to penal provisions. See section 1459 of this title and sections 911, 1015, 1421–1429, 1719, and 3282 of Title 18, Crimes and Criminal Procedure.
|
||||
@@ -0,0 +1,33 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 747"
|
||||
description: "Repealed. June 25, 1948, ch. 645, § 21, 62 Stat. 862, eff. Sept. 1, 1948"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "11"
|
||||
chapter_name: "NATIONALITY"
|
||||
section: "747"
|
||||
citation: "8 U.S.C. § 747"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s747"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "191682b5dcf1db2a1d1fd7ade789b942c02519dfaf7d6820e148daa4314b0ac3"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "99cb703ce4f515769d76e86c8d921cf4629b85b61a0f7cdef553e9bab2a38261"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 747 - Repealed. June 25, 1948, ch. 645, § 21, 62 Stat. 862, eff. Sept. 1, 1948
|
||||
|
||||
## Notes
|
||||
|
||||
Section, act Oct. 14, 1940, ch. 876, title I, subchap. III, § 347, 54 Stat. 1168, related to saving clauses. Similar subject matter is contained in note under section 1101 of this title.
|
||||
@@ -0,0 +1,35 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 800"
|
||||
description: "Transferred"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "11"
|
||||
chapter_name: "NATIONALITY"
|
||||
section: "800"
|
||||
citation: "8 U.S.C. § 800"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s800"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "7f4504322270f147dc20a92c2d502ab3377f159559b6a287c692b3a0156e0e1a"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "5575d1cac018d064f4e418da519dc7a770decb6935dbb508eca367e6d19289ec"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 800 - Transferred
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Codification Section, R.S. § 1999, is set out as a note under section 1481 of this title.
|
||||
@@ -0,0 +1,51 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 801 to 810"
|
||||
description: "Repealed. June 27, 1952, ch. 477, title IV, § 403(a)(42), 66 Stat. 280, eff. Dec. 24, 1952"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "11"
|
||||
chapter_name: "NATIONALITY"
|
||||
section: "801 to 810"
|
||||
citation: "8 U.S.C. § 801 to 810"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s801...810"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "4b49c304fa0e1b05f2eb039d26b1d5766d4a405b1803105e73ef8fd883eb61d2"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "9eebe1e8a2365ed15cb324e4a77c303710b9f9aa22444f8c7ef8996c03728214"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 801 to 810 - Repealed. June 27, 1952, ch. 477, title IV, § 403(a)(42), 66 Stat. 280, eff. Dec. 24, 1952
|
||||
|
||||
## Notes
|
||||
|
||||
Section 801, acts Oct. 14, 1940, ch. 876, title I, subchap. IV, § 401, 54 Stat. 1168; Jan. 20, 1944, ch. 2, § 1, 58 Stat. 4; July 1, 1944, ch. 368, § 1, 58 Stat. 677; Sept. 27, 1944, ch. 418, § 1, 58 Stat. 746, related to general means of losing United States nationality. See section 1481(a) of this title.
|
||||
|
||||
Section 802, act Oct. 14, 1940, ch. 876, title I, subchap. IV, § 402, 54 Stat. 1169, related to presumption of expatriation. See section 1482 of this title.
|
||||
|
||||
Section 803, acts Oct. 14, 1940, ch. 876, title I, subchap. IV, § 403, 54 Stat. 1169; July 1, 1944, ch. 368, § 2, 58 Stat. 677, related to restrictions on expatriation. See sections 1482 and 1483(b) of this title.
|
||||
|
||||
Section 804, act Oct. 14, 1940, ch. 876, title I, subchap. IV, § 404, 54 Stat. 1170, related to expatriation of naturalized nationals by residence abroad. See section 1484(a) of this title.
|
||||
|
||||
Section 805, act Oct. 14, 1940, ch. 876, title I, subchap. IV, § 405, 54 Stat. 1170, related to exceptions in the case of persons employed or compensated by United States while residing abroad. See section 1485(1), (2) of this title.
|
||||
|
||||
Section 806, acts Oct. 14, 1940, ch. 876, title I, subchap. IV, § 406, 54 Stat. 1170; Dec. 8, 1942, ch. 696, 56 Stat. 1043; Dec. 24, 1942, ch. 819, 56 Stat. 1085, related to additional exceptions. See section 1485(3)–(9) of this title.
|
||||
|
||||
Section 807, act Oct. 14, 1940, ch. 876, title I, subchap. IV, § 407, 54 Stat. 1170, related to minor children of naturalized nationals losing nationality by foreign residence. See section 1487 of this title.
|
||||
|
||||
Section 808, act Oct. 14, 1940, ch. 876, title I, subchap. IV, § 408, 54 Stat. 1171, related to exclusiveness of means of losing nationality. See section 1488 of this title.
|
||||
|
||||
Section 809, acts Oct. 14, 1940, ch. 876, title I, subchap. IV, § 409, 54 Stat. 1171; Oct. 16, 1941, ch. 446, 55 Stat. 743; Oct. 9, 1942, ch. 585, 56 Stat. 779; Sept. 27, 1944, ch. 419, 58 Stat. 747; Oct. 11, 1945, ch. 410, 59 Stat. 544, related to nationality not lost under sections 804 or 807 until October, 1942. See section 1487 of this title.
|
||||
|
||||
Section 810, act Oct. 14, 1940, ch. 876, title I, subchap. IV, § 410, 54 Stat. 1171, related to chapter being inapplicable where it contravened convention of treaties. See section 1489 of this title.
|
||||
@@ -0,0 +1,37 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 901 to 903"
|
||||
description: "Repealed. June 27, 1952, ch. 477, title IV, § 403(a)(42), 66 Stat. 280, eff. Dec. 24, 1952"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "11"
|
||||
chapter_name: "NATIONALITY"
|
||||
section: "901 to 903"
|
||||
citation: "8 U.S.C. § 901 to 903"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s901...903"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "3d729669bb64bee387fc80b1dfa4bc945c11b48f95146f4d319445a296bbe0af"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "084a8898012664890b4fd6a7468dd44328cbce2d8c965b0ccbecabf9e85eb901"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 901 to 903 - Repealed. June 27, 1952, ch. 477, title IV, § 403(a)(42), 66 Stat. 280, eff. Dec. 24, 1952
|
||||
|
||||
## Notes
|
||||
|
||||
Section 901, act Oct. 14, 1940, ch. 876, title I, subchap. V, § 501, 54 Stat. 1171, related to procedure when diplomatic officials believe that persons in foreign state have lost American nationality. See section 1501 of this title.
|
||||
|
||||
Section 902, act Oct. 14, 1940, ch. 876, title I, subchap. V, § 502, 54 Stat. 1171, related to certificates of nationality for non-naturalized United States nationals. See section 1502 of this title.
|
||||
|
||||
Section 903, act Oct. 14, 1940, ch. 876, title I, subchap. V, § 503, 54 Stat. 1171, related to judicial proceedings for declaration of United States nationality in event of denial of rights and privileges as national. See section 1503 of this title.
|
||||
@@ -0,0 +1,43 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 904 to 907"
|
||||
description: "Repealed. June 27, 1952, ch. 477, title IV, § 403(a)(42), 66 Stat. 280, eff. Dec. 24, 1952"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "11"
|
||||
chapter_name: "NATIONALITY"
|
||||
section: "904 to 907"
|
||||
citation: "8 U.S.C. § 904 to 907"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s904...907"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "d706e4bd7a600f0337c108149506f0d7dce74c2461491b3aecc3de831afec34e"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "e3d89570a1045ec2ea5de2a572e15b8b09b0027a355a8e93b568c192c388548b"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 904 to 907 - Repealed. June 27, 1952, ch. 477, title IV, § 403(a)(42), 66 Stat. 280, eff. Dec. 24, 1952
|
||||
|
||||
## Notes
|
||||
|
||||
Section 904, act Oct. 14, 1940, ch. 876, title I, subchap. V, § 504, 54 Stat. 1172, related to repeals.
|
||||
|
||||
Section 905, act Oct. 14, 1940, ch. 876, title I, subchap. V, § 505, 54 Stat. 1174, related to separability clause.
|
||||
|
||||
Section 906, act Oct. 14, 1940, ch. 876, title I, subchap. V, § 505, 54 Stat. 1174, related to effective date of chapter.
|
||||
|
||||
Section 907, act Oct. 14, 1940, ch. 876, title I, § 1, 54 Stat. 1137, related to short title of chapter.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Specific Repeals by Act October 14, 1940In addition to the provisions from which former section 904 was taken, section 504 of act Oct. 14, 1940, specifically repealed all or parts of the following: Title 8, §§ 1, 3, 5a–1, 5d, 5e, 6, 7, 8, 9, 9a, 11, 16, 17, 17a, 18, 106, 106a, 106b, 106c, 351, 352, 353, 354, 356, 356a, 357, 358, 358a, 360, 362, 364, 365, 366, 366a, 367, 368, 368a, 369, 369a, 372, 372a, 373, 377, 377b, 377c, 378, 379, 380, 380a, 380b, 381, 382, 382a, 382b, 382c, 384, 385, 386, 387, 388, 389, 390, 391, 392, 392b, 392c note, 392d note, 392e, 392f, 392g, 393, 394, 395, 396, 397, 398, 399, 399a, 399b, 399c, 399d, 399e, 399f, 400, 401, 402, 403, 404, 405, 408, 409, 410, 411, 412, 413, 414, 415; Title 18, §§ 135, 137, 138, 139, 140, 141, 142, 143; Title 39, § 324; Title 48, § 733b; former Title 50 App., § 202.
|
||||
File diff suppressed because one or more lines are too long
@@ -0,0 +1,59 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 1102"
|
||||
description: "Diplomatic and semidiplomatic immunities"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "12"
|
||||
chapter_name: "IMMIGRATION AND NATIONALITY"
|
||||
section: "1102"
|
||||
citation: "8 U.S.C. § 1102"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s1102"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "322158bfd401c0dadb3af1227272460901bff22004ca7af8b3a9de6127820477"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "55a8693c5e941ea3125869926711576a0b75ce533a0f327b71d095c1ee5a6c2a"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 1102 - Diplomatic and semidiplomatic immunities
|
||||
|
||||
## Text
|
||||
|
||||
Except as otherwise provided in this chapter, for so long as they continue in the nonimmigrant classes enumerated in this section, the provisions of this chapter relating to ineligibility to receive visas and the removal of aliens shall not be construed to apply to nonimmigrants—
|
||||
|
||||
(1) within the class described in paragraph (15)(A)(i) of section 1101(a) of this title, except those provisions relating to reasonable requirements of passports and visas as a means of identification and documentation necessary to establish their qualifications under such paragraph (15)(A)(i), and, under such rules and regulations as the President may deem to be necessary, the provisions of subparagraphs (A) through (C) of section 1182(a)(3) of this title;
|
||||
|
||||
(2) within the class described in paragraph (15)(G)(i) of section 1101(a) of this title, except those provisions relating to reasonable requirements of passports and visas as a means of identification and documentation necessary to establish their qualifications under such paragraph (15)(G)(i), and the provisions of subparagraphs (A) through (C) of section 1182(a)(3) of this title; and
|
||||
|
||||
(3) within the classes described in paragraphs (15)(A)(ii), (15)(G)(ii), (15)(G)(iii), or (15)(G)(iv) of section 1101(a) of this title, except those provisions relating to reasonable requirements of passports and visas as a means of identification and documentation necessary to establish their qualifications under such paragraphs, and the provisions of subparagraphs (A) through (C) of section 1182(a)(3) of this title.
|
||||
|
||||
(June 27, 1952, ch. 477, title I, § 102, 66 Stat. 173; Pub. L. 100–525, § 9(b), Oct. 24, 1988, 102 Stat. 2619; Pub. L. 101–649, title VI, § 603(a)(2), Nov. 29, 1990, 104 Stat. 5082; Pub. L. 102–232, title III, § 307(i), Dec. 12, 1991, 105 Stat. 1756; Pub. L. 104–208, div. C, title III, § 308(d)(4)(B), Sept. 30, 1996, 110 Stat. 3009–617.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThis chapter, referred to in introductory provisions, was in the original, “this Act”, meaning act June 27, 1952, ch. 477, 66 Stat. 163, 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 under section 1101 of this title and Tables.
|
||||
|
||||
Amendments1996—Pub. L. 104–208 substituted “removal” for “exclusion or deportation” in introductory provisions. 1991—Pars. (1) to (3). Pub. L. 102–232 substituted “subparagraphs (A) through (C) of section 1182(a)(3) of this title” for “paragraph (3) (other than subparagraph (E)) of section 1182(a) of this title”. 1990—Pars. (1) to (3). Pub. L. 101–649 substituted “(3) (other than subparagraph (E))” for “(27)” in pars. (1) and (2), and “paragraph (3) (other than subparagraph (E))” for “paragraphs (27) and (29)” in par. (3). 1988—Par. (2). Pub. L. 100–525 substituted “documentation” for “documentaion”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1996 AmendmentAmendment by 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 1991 AmendmentAmendment by 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 AmendmentAmendment by Pub. L. 101–649 applicable to individuals entering United States on or after June 1, 1991, see section 601(e)(1) of Pub. L. 101–649, set out as a note under section 1101 of this title.
|
||||
|
||||
Denial of Visas to Certain Representatives to United NationsPub. L. 101–246, title IV, § 407, Feb. 16, 1990, 104 Stat. 67, as amended by Pub. L. 113–100, § 1, Apr. 18, 2014, 128 Stat. 1145, provided that: “(a) In General.—The President shall use his authority, including the authorities contained in section 6 of the United Nations Headquarters Agreement Act (Public Law 80–357) [Aug. 4, 1947, ch. 482, set out as a note under 22 U.S.C. 287], to deny any individual’s admission to the United States as a representative to the United Nations if the President determines that such individual—“(1) has been found to have been engaged in espionage activities or a terrorist activity (as defined in section 212(a)(3)(B)(iii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(iii))) directed against the United States or its allies; and “(2) may pose a threat to United States national security interests. “(b) Waiver.—The President may waive the provisions of subsection (a) if the President determines, and so notifies the Congress, that such a waiver is in the national security interests of the United States.”
|
||||
File diff suppressed because one or more lines are too long
@@ -0,0 +1,65 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 1104"
|
||||
description: "Powers and duties of Secretary of State"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "12"
|
||||
chapter_name: "IMMIGRATION AND NATIONALITY"
|
||||
section: "1104"
|
||||
citation: "8 U.S.C. § 1104"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s1104"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "56034ad44be2cb4fbca3bc41b98bb729779ef69e79a38f0557dd7b944bb2a31c"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "b942f408cfb84a81f0ba446a18c9ee3f06526779c6a2e2aaacc53e2f20563909"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 1104 - Powers and duties of Secretary of State
|
||||
|
||||
## Text
|
||||
|
||||
(a) Powers and duties The Secretary of State shall be charged with the administration and the enforcement of the provisions of this chapter and all other immigration and nationality laws relating to (1) the powers, duties, and functions of diplomatic and consular officers of the United States, except those powers, duties, and functions conferred upon the consular officers relating to the granting or refusal of visas; (2) the powers, duties, and functions of the Administrator; and (3) the determination of nationality of a person not in the United States. He shall establish such regulations; prescribe such forms of reports, entries and other papers; issue such instructions; and perform such other acts as he deems necessary for carrying out such provisions. He is authorized to confer or impose upon any employee of the United States, with the consent of the head of the department or independent establishment under whose jurisdiction the employee is serving, any of the powers, functions, or duties conferred or imposed by this chapter or regulations issued thereunder upon officers or employees of the Department of State or of the American Foreign Service.
|
||||
|
||||
(b) Designation and duties of Administrator The Secretary of State shall designate an Administrator who shall be a citizen of the United States, qualified by experience. The Administrator shall maintain close liaison with the appropriate committees of Congress in order that they may be advised regarding the administration of this chapter by consular officers. The Administrator shall be charged with any and all responsibility and authority in the administration of this chapter which are conferred on the Secretary of State as may be delegated to the Administrator by the Secretary of State or which may be prescribed by the Secretary of State, and shall perform such other duties as the Secretary of State may prescribe.
|
||||
|
||||
(c) Passport Office, Visa Office, and other offices; directors Within the Department of State there shall be a Passport Office, a Visa Office, and such other offices as the Secretary of State may deem to be appropriate, each office to be headed by a director. The Directors of the Passport Office and the Visa Office shall be experienced in the administration of the nationality and immigration laws.
|
||||
|
||||
(d) Transfer of duties The functions heretofore performed by the Passport Division and the Visa Division of the Department of State shall hereafter be performed by the Passport Office and the Visa Office, respectively.
|
||||
|
||||
(e) General Counsel of Visa Office; appointment and duties There shall be a General Counsel of the Visa Office, who shall be appointed by the Secretary of State and who shall serve under the general direction of the Legal Adviser of the Department of State. The General Counsel shall have authority to maintain liaison with the appropriate officers of the Service with a view to securing uniform interpretations of the provisions of this chapter.
|
||||
|
||||
(June 27, 1952, ch. 477, title I, § 104, 66 Stat. 174; Pub. L. 87-510, § 4(a)(2), June 28, 1962, 76 Stat. 123; Pub. L. 88–426, title III, § 305(43), Aug. 14, 1964, 78 Stat. 428; Pub. L. 95–105, title I, § 109(b)(1), Aug. 17, 1977, 91 Stat. 847; Pub. L. 100–525, § 9(d), Oct. 24, 1988, 102 Stat. 2620; Pub. L. 103–236, title I, § 162(h)(2), Apr. 30, 1994, 108 Stat. 407.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThis chapter, referred to in subsecs. (a), (b), and (e), was in the original, “this Act”, meaning act June 27, 1952, ch. 477, 66 Stat. 163, 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 under section 1101 of this title and Tables.
|
||||
|
||||
Amendments1994—Pub. L. 103–236, § 162(h)(2)(A), struck out “; Bureau of Consular Affairs” after “Secretary of State” in section catchline. Subsec. (a)(2). Pub. L. 103–236, § 162(h)(2)(B), substituted “the Administrator” for “the Bureau of Consular Affairs”. Subsec. (b). Pub. L. 103–236, § 162(h)(2)(C), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “There is established in the Department of State a Bureau of Consular Affairs, to be headed by an Assistant Secretary of State for Consular Affairs. The Assistant Secretary of State for Consular Affairs shall be a citizen of the United States, qualified by experience, and shall maintain close liaison with the appropriate committees of Congress in order that they may be advised regarding the administration of this chapter by consular officers. He shall be charged with any and all responsibility and authority in the administration of the Bureau and of this chapter which are conferred on the Secretary of State as may be delegated to him by the Secretary of State or which may be prescribed by the Secretary of State. He shall also perform such other duties as the Secretary of State may prescribe.” Subsec. (c). Pub. L. 103–236, § 162(h)(2)(D), substituted “Department of State” for “Bureau”. Subsec. (d). Pub. L. 103–236, § 162(h)(2)(E), struck out before period at end “, of the Bureau of Consular Affairs”. 1988—Pub. L. 100–525 substituted “Bureau of Consular Affairs” for “Bureau of Security and Consular Affairs” in section catchline. 1977—Subsec. (a)(2). Pub. L. 95–105, § 109(b)(1)(A), struck out “Security and” after “Bureau of”. Subsec. (b). Pub. L. 95–105, § 109(b)(1)(B), substituted “Consular Affairs, to be headed by an Assistant Secretary of State for Consular Affairs” for “Security and Consular Affairs, to be headed by an administrator (with an appropriate title to be designated by the Secretary of State), with rank equal to that of an Assistant Secretary of State” and “Assistant Secretary of State for Consular Affairs” for “administrator” and struck out provision that the administrator shall be appointed by the President by and with the advice and consent of the Senate. Subsec. (d). Pub. L. 95–105, § 109(b)(1)(C), struck out “Security and” after “Bureau of”. Subsec. (f). Pub. L. 95–105, § 109(b)(1)(D), struck out subsec. (f) which placed Bureau of Security and Consular Affairs under immediate jurisdiction of Deputy Under Secretary of State for Administration. 1964—Subsec. (b). Pub. L. 88–426 repealed provisions which related to compensation of Administrator. See section 5311 et seq. of Title 5, Government Organization and Employees. 1962—Subsec. (b). Pub. L. 87–510 provided for appointment of Administrator of Bureau of Security and Consular Affairs by President by and with advice and consent of Senate.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1994 AmendmentAmendment 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 1964 AmendmentAmendment by Pub. L. 88–426 effective on first day of first pay period which begins on or after July 1, 1964, except to extent provided in section 501(c) of Pub. L. 88–426, see section 501 of Pub. L. 88–426.
|
||||
|
||||
Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.
|
||||
|
||||
Authority of Secretary of State Except as otherwise provided, Secretary of State to have and exercise any authority vested by law in any official or office of Department of State and references to such officials or offices deemed to refer to Secretary of State or Department of State, as appropriate, see section 2651a of Title 22, Foreign Relations and Intercourse, and section 161(d) of Pub. L. 103–236, set out as a note under section 2651a of Title 22.
|
||||
|
||||
Assumption of Duties by Administrator of Bureau of Security and Consular AffairsPub. L. 95–105, title I, § 109(b)(4), Aug. 17, 1977, 91 Stat. 847, provided that: “The individual holding the position of administrator of the Bureau of Security and Consular Affairs on the date of enactment of this section [Aug. 17, 1977] shall assume the duties of the Assistant Secretary of State for Consular Affairs and shall not be required to be reappointed by reason of the enactment of this section.”
|
||||
|
||||
References to Bureau of Security and Consular Affairs or AdministratorPub. L. 95–105, title I, § 109(b)(5), Aug. 17, 1977, 91 Stat. 847, provided that: “Any reference in any law to the Bureau of Security and Consular Affairs or to the administrator of such Bureau shall be deemed to be a reference to the Bureau of Consular Affairs or to the Assistant Secretary of State for Consular Affairs, respectively.”
|
||||
@@ -0,0 +1,77 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 1105"
|
||||
description: "Liaison with internal security officers; data exchange"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "12"
|
||||
chapter_name: "IMMIGRATION AND NATIONALITY"
|
||||
section: "1105"
|
||||
citation: "8 U.S.C. § 1105"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s1105"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "5bd305b85b430fbca3781f3296ada561a1911fef5cffbb5a8e6bc24afb2884cb"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "f57b217544f7b2c028d78c9adea323cd08c7dcfe63e855c768660d70ff34d90c"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 1105 - Liaison with internal security officers; data exchange
|
||||
|
||||
## Text
|
||||
|
||||
(a) In general The Commissioner and the Administrator shall have authority to maintain direct and continuous liaison with the Directors of the Federal Bureau of Investigation and the Central Intelligence Agency and with other internal security officers of the Government for the purpose of obtaining and exchanging information for use in enforcing the provisions of this chapter in the interest of the internal and border security of the United States. The Commissioner and the Administrator shall maintain direct and continuous liaison with each other with a view to a coordinated, uniform, and efficient administration of this chapter, and all other immigration and nationality laws.
|
||||
|
||||
(b) Access to National Crime Information Center files (1) The Attorney General and the Director of the Federal Bureau of Investigation shall provide the Department of State and the Service access to the criminal history record information contained in the National Crime Information Center’s Interstate Identification Index (NCIC-III), Wanted Persons File, and to any other files maintained by the National Crime Information Center that may be mutually agreed upon by the Attorney General and the agency receiving the access, for the purpose of determining whether or not a visa applicant or applicant for admission has a criminal history record indexed in any such file.
|
||||
|
||||
(2) Such access shall be provided by means of extracts of the records for placement in the automated visa lookout or other appropriate database, and shall be provided without any fee or charge.
|
||||
|
||||
(3) The Federal Bureau of Investigation shall provide periodic updates of the extracts at intervals mutually agreed upon with the agency receiving the access. Upon receipt of such updated extracts, the receiving agency shall make corresponding updates to its database and destroy previously provided extracts.
|
||||
|
||||
(4) Access to an extract does not entitle the Department of State to obtain the full content of the corresponding automated criminal history record. To obtain the full content of a criminal history record, the Department of State shall submit the applicant’s fingerprints and any appropriate fingerprint processing fee authorized by law to the Criminal Justice Information Services Division of the Federal Bureau of Investigation.
|
||||
|
||||
(c) Reconsideration upon development of more cost effective means of sharing information The provision of the extracts described in subsection (b) may be reconsidered by the Attorney General and the receiving agency upon the development and deployment of a more cost-effective and efficient means of sharing the information.
|
||||
|
||||
(d) Regulations For purposes of administering this section, the Department of State shall, prior to receiving access to NCIC data but not later than 4 months after October 26, 2001, promulgate final regulations—
|
||||
|
||||
(1) to implement procedures for the taking of fingerprints; and
|
||||
|
||||
(2) to establish the conditions for the use of the information received from the Federal Bureau of Investigation, in order—
|
||||
|
||||
(A) to limit the redissemination of such information;
|
||||
|
||||
(B) to ensure that such information is used solely to determine whether or not to issue a visa to an alien or to admit an alien to the United States;
|
||||
|
||||
(C) to ensure the security, confidentiality, and destruction of such information; and
|
||||
|
||||
(D) to protect any privacy rights of individuals who are subjects of such information.
|
||||
|
||||
(June 27, 1952, ch. 477, title I, § 105, 66 Stat. 175; Pub. L. 95–105, title I, § 109(b)(2), Aug. 17, 1977, 91 Stat. 847; Pub. L. 103–236, title I, § 162(h)(3), Apr. 30, 1994, 108 Stat. 408; Pub. L. 107–56, title IV, § 403(a), Oct. 26, 2001, 115 Stat. 343.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThis chapter, referred to in subsec. (a), was in the original, “this Act”, meaning act June 27, 1952, ch. 477, 66 Stat. 163, 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 under section 1101 of this title and Tables.
|
||||
|
||||
Amendments2001—Pub. L. 107–56 inserted “; data exchange” after “security officers” in section catchline, designated existing provisions as subsec. (a), inserted “and border” before “security of the United States”, and added subsecs. (b) to (d). 1994—Pub. L. 103–236 substituted “Administrator” for “Assistant Secretary of State for Consular Affairs” in two places. 1977—Pub. L. 95–105 substituted “Assistant Secretary of State for Consular Affairs” for “administrator” in two places.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1994 AmendmentAmendment 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.
|
||||
|
||||
Statutory ConstructionPub. L. 107–56, title IV, § 403(d), Oct. 26, 2001, 115 Stat. 345, provided that: “Nothing in this section [enacting section 1379 of this title, amending this section, and enacting provisions set out as a note under this section], or in any other law, shall be construed to limit the authority of the Attorney General or the Director of the Federal Bureau of Investigation to provide access to the criminal history record information contained in the National Crime Information Center’s (NCIC) Interstate Identification Index (NCIC-III), or to any other information maintained by the NCIC, to any Federal agency or officer authorized to enforce or administer the immigration laws of the United States, for the purpose of such enforcement or administration, upon terms that are consistent with the National Crime Prevention and Privacy Compact Act of 1998 (subtitle A of title II of Public Law 105–251; 42 U.S.C. 14611–16) [now 34 U.S.C. 40311–16] and section 552a of title 5, United States Code.”
|
||||
|
||||
Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.
|
||||
|
||||
Reporting RequirementPub. L. 107–56, title IV, § 403(b), Oct. 26, 2001, 115 Stat. 344, provided that: “Not later than 2 years after the date of enactment of this Act [Oct. 26, 2001], the Attorney General and the Secretary of State jointly shall report to Congress on the implementation of the amendments made by this section [amending this section].”
|
||||
@@ -0,0 +1,43 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 1105a"
|
||||
description: "Employment authorization for battered spouses of certain nonimmigrants"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "12"
|
||||
chapter_name: "IMMIGRATION AND NATIONALITY"
|
||||
section: "1105a"
|
||||
citation: "8 U.S.C. § 1105a"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s1105a"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "325c95d37e5e22956bc8b506f3d97c3d84b20b64f79d001a50fe0e7d5b965696"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "7499eb701981dae469f6901dad40bd40ad083d02ceaa8990267d92f33b912334"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 1105a - Employment authorization for battered spouses of certain nonimmigrants
|
||||
|
||||
## Text
|
||||
|
||||
(a) In general In the case of an alien spouse admitted under subparagraph (A), (E)(iii), (G), or (H) of section 1101(a)(15) of this title who is accompanying or following to join a principal alien admitted under subparagraph (A), (E)(iii), (G), or (H) of such section, respectively, the Secretary of Homeland Security may authorize the alien spouse to engage in employment in the United States and provide the spouse with an “employment authorized” endorsement or other appropriate work permit if the alien spouse demonstrates that during the marriage the alien spouse or a child of the alien spouse has been battered or has been the subject of extreme cruelty perpetrated by the spouse of the alien spouse. Requests for relief under this section shall be handled under the procedures that apply to aliens seeking relief under section 1154(a)(1)(A)(iii) of this title.
|
||||
|
||||
(b) Construction The grant of employment authorization pursuant to this section shall not confer upon the alien any other form of relief.
|
||||
|
||||
(June 27, 1952, ch. 477, title I, § 106, as added Pub. L. 109–162, title VIII, § 814(c), Jan. 5, 2006, 119 Stat. 3059.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsA prior section 1105a, act June 27, 1952, ch. 477, title I, § 106, as added Sept. 26, 1961, Pub. L. 87–301, § 5(a), 75 Stat. 651; amended Dec. 29, 1981, Pub. L. 97–116, § 18(b), 95 Stat. 1620; Oct. 24, 1988, Pub. L. 100–525, § 9(e), 102 Stat. 2620; Nov. 18, 1988, Pub. L. 100–690, title VII, § 7347(b), 102 Stat. 4472; Nov. 29, 1990, Pub. L. 101–649, title V, §§ 502(a), 513(a), 545(b), 104 Stat. 5048, 5052, 5065; Dec. 12, 1991, Pub. L. 102–232, title III, § 306(a)(2), 105 Stat. 1751; Sept. 13, 1994, Pub. L. 103–322, title XIII, § 130004(b), 108 Stat. 2027; Oct. 25, 1994, Pub. L. 103–416, title II, § 223(b), 108 Stat. 4322; Apr. 24, 1996, Pub. L. 104–132, title IV, §§ 401(b), (e), 423(a), 440(a), 442(b), 110 Stat. 1267, 1268, 1272, 1276, 1280; Sept. 30, 1996, Pub. L. 104–208, div. C, title III, §§ 306(d), 308(g)(10)(H), 371(b)(1), title VI, § 671(c)(3), (4), 110 Stat. 3009–612, 3009–625, 3009–645, 3009–722, related to judicial review of orders of deportation and exclusion, prior to repeal by Pub. L. 104–208, div. C, title III, §§ 306(b), (c), 309, Sept. 30, 1996, 110 Stat. 3009–612, 3009–625, effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, but such repeal not to be considered to invalidate or to require the reconsideration of any judgment or order entered under this section. See section 1252 of this title.
|
||||
@@ -0,0 +1,39 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 1106"
|
||||
description: "Repealed. Pub. L. 91–510, title IV, § 422(a), Oct. 26, 1970, 84 Stat. 1189"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "12"
|
||||
chapter_name: "IMMIGRATION AND NATIONALITY"
|
||||
section: "1106"
|
||||
citation: "8 U.S.C. § 1106"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s1106"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "f6a6b76b67233975847b2d7e336822385eb1e7b576d15833195956dfdf5dd2ae"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "f2a435e1e9968b5c730a3b0b1ffc16212b18ef91c50b62a5cc5204645c55efc2"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 1106 - Repealed. Pub. L. 91–510, title IV, § 422(a), Oct. 26, 1970, 84 Stat. 1189
|
||||
|
||||
## Notes
|
||||
|
||||
Section, act June 27, 1952, ch. 477, title IV, § 401, 66 Stat. 274, provided for establishment of Joint Committee on Immigration and Nationality, including its composition, necessity of membership on House or Senate Committee on the Judiciary, vacancies and election of chairman, functions, reports, submission of regulations to Committee, hearings and subpena, travel expenses, employment of personnel, payment of Committee expenses, and effective date.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of RepealRepeal effective immediately prior to noon on Jan. 3, 1971, see section 601(1) of Pub. L. 91–510, set out as an Effective Date of 1970 Amendment note under section 4301 of Title 2, The Congress.
|
||||
|
||||
Abolition of Joint Committee on Immigration and Nationality Pub. L. 91–510, title IV, § 421, Oct. 26, 1970, 84 Stat. 1189, abolished the Joint Committee on Immigration and Nationality established by former subsec. (a) of this section.
|
||||
@@ -0,0 +1,41 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 1107"
|
||||
description: "Additional report"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "12"
|
||||
chapter_name: "IMMIGRATION AND NATIONALITY"
|
||||
section: "1107"
|
||||
citation: "8 U.S.C. § 1107"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s1107"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "6bdc4ecdb7ba1c83794d443e6f66246fd77fdc2ff0eaef9936f495cda4b94097"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "4b9c6d03a9c15d920de6c841d732407d8c22e410335b89646388853d10b4c039"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 1107 - Additional report
|
||||
|
||||
## Text
|
||||
|
||||
At the beginning and midpoint of each fiscal year, the Secretary of Homeland Security shall submit to the Committees on the Judiciary of the House of Representatives and the Senate, a written report providing a description of internal affairs operations at U.S. Citizenship and Immigration Services, including the general state of such operations and a detailed description of investigations that are being conducted (or that were conducted during the previous six months) and the resources devoted to such investigations. The first such report shall be submitted not later than April 1, 2006.
|
||||
|
||||
(Pub. L. 109–177, title I, § 109(c), Mar. 9, 2006, 120 Stat. 205.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Codification Section was enacted as part of the USA PATRIOT Improvment and Reauthorization Act of 2005, and not as part of the Immigration and Nationality Act which comprises this chapter.
|
||||
File diff suppressed because one or more lines are too long
@@ -0,0 +1,37 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 1151a"
|
||||
description: "Repealed. Pub. L. 94–571, § 7(g), Oct. 20, 1976, 90 Stat. 2706"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "12"
|
||||
chapter_name: "IMMIGRATION AND NATIONALITY"
|
||||
section: "1151a"
|
||||
citation: "8 U.S.C. § 1151a"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s1151a"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "9641f45091d7f18529a00f95af7a7d703b4b577ebdf645393a96ccf334904d51"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "da1f6fabc6b3c33169cb8141dc967408971f7e5faef2fbd08369aa05e55f2d52"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 1151a - Repealed. Pub. L. 94–571, § 7(g), Oct. 20, 1976, 90 Stat. 2706
|
||||
|
||||
## Notes
|
||||
|
||||
Section, Pub. L. 89–236, § 21(e), Oct. 3, 1965, 79 Stat. 921, limited total number of special immigrants under section 1101(a)(27)(A) of this title, less certain exclusions, to 120,000 for fiscal years beginning July 1, 1968, or later.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of RepealRepeal effective on first day of first month which begins more than 60 days after Oct. 20, 1976, see section 10 of Pub. L. 94–571, set out as an Effective Date of 1976 Amendment note under section 1101 of this title.
|
||||
File diff suppressed because one or more lines are too long
File diff suppressed because one or more lines are too long
@@ -0,0 +1,121 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 1153a"
|
||||
description: "Transparency"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "12"
|
||||
chapter_name: "IMMIGRATION AND NATIONALITY"
|
||||
section: "1153a"
|
||||
citation: "8 U.S.C. § 1153a"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s1153a"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "0d9a76c51a530d05fcdfb1ff3ad57fbe62c433aafe397df64eb5476e2795fd9a"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "d58df7c086a07e132daa5043545fb33c6ba6905051a062c56a2bb35cc82be3a1"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 1153a - Transparency
|
||||
|
||||
## Text
|
||||
|
||||
(a) In general Employees of the Department of Homeland Security, including the Secretary of Homeland Security, the Secretary’s counselors, the Assistant Secretary for the Private Sector, the Director of U.S. Citizenship and Immigration Services, counselors to such Director, and the Chief of the Immigrant Investor Programs Office (or any successor to such Office) at U.S. Citizenship and Immigration Services, shall act impartially and may not give preferential treatment to any entity, organization, or individual in connection with any aspect of the immigrant visa program described in section 1153(b)(5) of this title.
|
||||
|
||||
(b) Improper activities Activities that constitute preferential treatment under subsection (a) shall include—
|
||||
|
||||
(1) working on, or in any way attempting to influence, in a manner not available to or accorded to all other petitioners, applicants, and seekers of benefits under the immigrant visa program referred to in subsection (a), the standard processing of an application, petition, or benefit for—
|
||||
|
||||
(A) a regional center;
|
||||
|
||||
(B) a new commercial enterprise;
|
||||
|
||||
(C) a job-creating entity; or
|
||||
|
||||
(D) any person or entity associated with such regional center, new commercial enterprise, or job-creating entity; and
|
||||
|
||||
(2) meeting or communicating with persons associated with the entities listed in paragraph (1), at the request of such persons, in a manner not available to or accorded to all other petitioners, applicants, and seekers of benefits under such immigrant visa program.
|
||||
|
||||
(c) Reporting of communications (1) Written communication Employees of the Department of Homeland Security, including the officials listed in subsection (a), shall include, in the record of proceeding for a case under section 1153(b)(5) of this title, actual or electronic copies of all case-specific written communication, including emails from government and private accounts, with non-Department persons or entities advocating for regional center applications or individual petitions under such section that are pending on or after March 15, 2022 (other than routine communications with other agencies of the Federal Government regarding the case, including communications involving background checks and litigation defense).
|
||||
|
||||
(2) Oral communication If substantive oral communication, including telephonic communication, virtual communication, or in-person meetings, takes place between officials of the Department of Homeland Security and non-Department persons or entities advocating for regional center applications or individual petitions under section 1153(b)(5) of this title that are pending on or after March 15, 2022 (except communications exempted under paragraph (1))—
|
||||
|
||||
(A) the conversation shall be recorded; or
|
||||
|
||||
(B) detailed minutes of the session shall be taken and included in the record of proceeding.
|
||||
|
||||
(3) Notification (A) In general If the Secretary, in the course of written or oral communication described in this subsection, receives evidence about a specific case from anyone other than an affected party or his or her representative (excluding Federal Government or law enforcement sources), such information may not be made part of the record of proceeding and may not be considered in adjudicative proceedings unless—
|
||||
|
||||
(i) the affected party has been given notice of such evidence; and
|
||||
|
||||
(ii) if such evidence is derogatory, the affected party has been given an opportunity to respond to the evidence.
|
||||
|
||||
(B) Information from law enforcement, intelligence agencies, or confidential sources (i) Law enforcement or intelligence agencies Evidence received from law enforcement or intelligence agencies may not be made part of the record of proceeding without the consent of the relevant agency or law enforcement entity.
|
||||
|
||||
(ii) Whistleblowers, confidential sources, or intelligence agencies Evidence received from whistleblowers, other confidential sources, or the intelligence community that is included in the record of proceeding and considered in adjudicative proceedings shall be handled in a manner that does not reveal the identity of the whistleblower or confidential source, or reveal classified information.
|
||||
|
||||
(d) Consideration of evidence (1) In general No case-specific communication with persons or entities that are not part of the Department of Homeland Security may be considered in the adjudication of an application or petition under section 1153(b)(5) of this title unless the communication is included in the record of proceeding of the case.
|
||||
|
||||
(2) Waiver The Secretary of Homeland Security may waive the requirement under paragraph (1) only in the interests of national security or for investigative or law enforcement purposes.
|
||||
|
||||
(e) Channels of communication (1) Email address or equivalent The Director of U.S. Citizenship and Immigration Services shall maintain an email account (or equivalent means of communication) for persons or entities—
|
||||
|
||||
(A) with inquiries regarding specific petitions or applications under the immigrant visa program described in section 1153(b)(5) of this title; or
|
||||
|
||||
(B) seeking information that is not case-specific about the immigrant visa program described in such section 1153(b)(5).
|
||||
|
||||
(2) Communication only through appropriate channels or offices (A) Announcement of appropriate channels of communication Not later than 40 days after March 15, 2022, the Director of U.S. Citizenship and Immigration Services shall announce that the only channels or offices by which industry stakeholders, petitioners, applicants, and seekers of benefits under the immigrant visa program described in section 1153(b)(5) of this title may communicate with the Department of Homeland Security regarding specific cases under such section (except for communication made by applicants and petitioners pursuant to regular adjudicatory procedures), or information that is not case-specific about the visa program applicable to certain cases under such section, are through—
|
||||
|
||||
(i) the email address or equivalent channel described in paragraph (1);
|
||||
|
||||
(ii) the National Customer Service Center, or any successor to such Center; or
|
||||
|
||||
(iii) the Office of Public Engagement, Immigrant Investor Program Office, including the Stakeholder Engagement Branch, or any successors to those Offices or that Branch.
|
||||
|
||||
(B) Direction of incoming communications (i) In general Employees of the Department of Homeland Security shall direct communications described in subparagraph (A) to the channels of communication or offices listed in clauses (i) through (iii) of subparagraph (A).
|
||||
|
||||
(ii) Rule of construction Nothing in this subparagraph may be construed to prevent—
|
||||
|
||||
(I) any person from communicating with the Ombudsman of U.S. Citizenship and Immigration Services regarding the immigrant investor program under section 1153(b)(5) of this title; or
|
||||
|
||||
(II) the Ombudsman from resolving problems regarding such immigrant investor program pursuant to the authority granted under section 272 of title 6.
|
||||
|
||||
(C) Log (i) In general The Director of U.S. Citizenship and Immigration Services shall maintain a written or electronic log of—
|
||||
|
||||
(I) all communications described in subparagraph (A) and communications from Members of Congress, which shall reference the date, time, and subject of the communication, and the identity of the Department official, if any, to whom the inquiry was forwarded;
|
||||
|
||||
(II) with respect to written communications described in subsection (c)(1), the date on which the communication was received, the identities of the sender and addressee, and the subject of the communication; and
|
||||
|
||||
(III) with respect to oral communications described in subsection (c)(2), the date on which the communication occurred, the participants in the conversation or meeting, and the subject of the communication.
|
||||
|
||||
(ii) Transparency The log of communications described in clause (i) shall be made publicly available in accordance with section 552 of title 5 (commonly known as the “Freedom of Information Act”).
|
||||
|
||||
(3) Publication of information Not later than 30 days after a person or entity inquiring about a specific case or generally about the immigrant visa program described in section 1153(b)(5) of this title receives, as a result of a communication with an official of the Department of Homeland Security, generally applicable information that is not case-specific about program requirements or administration that has not been made publicly available by the Department, the Director of U.S. Citizenship and Immigration Services shall publish such information on the U.S. Citizenship and Immigration Services website as an update to the relevant Frequently Asked Questions page or by some other comparable mechanism.
|
||||
|
||||
(f) Penalty (1) In general Any person who intentionally violates the prohibition on preferential treatment under this section or intentionally violates the reporting requirements under subsection (c) shall be disciplined in accordance with paragraph (2).
|
||||
|
||||
(2) Sanctions Not later than 90 days after March 15, 2022, the Secretary of Homeland Security shall establish a graduated set of sanctions based on the severity of the violation referred to in paragraph (1), which may include, in addition to any criminal or civil penalties that may be imposed, written reprimand, suspension, demotion, or removal.
|
||||
|
||||
(g) Rule of construction regarding classified information Nothing in this section may be construed to modify any law, regulation, or policy regarding the handling or disclosure of classified information.
|
||||
|
||||
(h) Rule of construction regarding private right of action Nothing in this section may be construed to create or authorize a private right of action to challenge a decision of an employee of the Department of Homeland Security.
|
||||
|
||||
(i) Effective date This section, and the amendments made by this section, shall take effect on March 15, 2022.
|
||||
|
||||
(Pub. L. 117–103, div. BB, § 107, Mar. 15, 2022, 136 Stat. 1105.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Codification Section was enacted as part of the EB–5 Reform and Integrity Act of 2022, and also as part of the Consolidated Appropriations Act, 2022, and not as part of the Immigration and Nationality Act which comprises this chapter.
|
||||
File diff suppressed because one or more lines are too long
@@ -0,0 +1,49 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 1155"
|
||||
description: "Revocation of approval of petitions; effective date"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "12"
|
||||
chapter_name: "IMMIGRATION AND NATIONALITY"
|
||||
section: "1155"
|
||||
citation: "8 U.S.C. § 1155"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s1155"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "85edde8cc347cd9d45eb969fdf697b625e651cc87e61c338b48619702a68e8f9"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "d585aaaf3f3f0a5e6cfbe980006291fe5da7e84dcac89729c6472934d97198af"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 1155 - Revocation of approval of petitions; effective date
|
||||
|
||||
## Text
|
||||
|
||||
The Secretary of Homeland Security may, at any time, for what he deems to be good and sufficient cause, revoke the approval of any petition approved by him under section 1154 of this title. Such revocation shall be effective as of the date of approval of any such petition.
|
||||
|
||||
(June 27, 1952, ch. 477, title II, ch. 1, § 205, 66 Stat. 180; Pub. L. 86–363, § 5(a), (b), Sept. 22, 1959, 73 Stat. 644, 645; Pub. L. 87–301, §§ 3, 10, Sept. 26, 1961, 75 Stat. 650, 654; Pub. L. 89–236, § 5, Oct. 3, 1965, 79 Stat. 916; Pub. L. 104–208, div. C, title III, § 308(g)(3)(A), Sept. 30, 1996, 110 Stat. 3009–622; Pub. L. 108–458, title V, § 5304(c), Dec. 17, 2004, 118 Stat. 3736.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2004—Pub. L. 108–458 substituted “Secretary of Homeland Security” for “Attorney General” and struck out at end “In no case, however, shall such revocation have effect unless there is mailed to the petitioner’s last known address a notice of the revocation and unless notice of the revocation is communicated through the Secretary of State to the beneficiary of the petition before such beneficiary commences his journey to the United States. If notice of revocation is not so given, and the beneficiary applies for admission to the United States, his admissibility shall be determined in the manner provided for by sections 1225 and 1229a of this title.” 1996—Pub. L. 104–208 substituted “1229a” for “1226”. 1965—Pub. L. 89–236 struck out entire section which had set out, in subsecs. (a) to (d), the procedure for granting nonquota status or preference by reason of relationship and inserted in its place, with minor changes, provisions formerly contained in section 1156 of this title authorizing the Attorney General to revoke his approval of petitions for good and sufficient cause. 1961—Subsec. (b). Pub. L. 87–301, § 3(a), provided that no petition for quota immigration status or a preference shall be approved if the beneficiary is an alien defined in section 1101(b)(1)(F) of this title, established requirements to be met by petitioners before a petition for nonquota immigrant status for a child as defined in section 1101(b)(1)(F) can be approved by the Attorney General, and authorized the administration of oaths by immigration officers when the petition is executed outside the United States. Subsec. (c). Pub. L. 87–301, §§ 3(b), 10, substituted “section 1101(b)(1)(E) or (F)” for “section 1101(b)(1)(E)”, and provided that no petition shall be approved if the alien had previously been accorded a nonquota status under section 1101(a)(27)(A) of this title or a preference quota status under section 1153(a)(3) of this title, by reason of marriage entered into to evade the immigration laws. 1959—Subsec. (b). Pub. L. 86–363, § 5(a), authorized filing of petitions by any United States citizen claiming that an immigrant is his unmarried son or unmarried daughter, by any alien lawfully admitted for permanent residence claiming that an immigrant is his unmarried son or unmarried daughter instead of child, or by any United States citizen claiming that an immigrant is his married son or married daughter instead of son or daughter, and prohibited approval of petition for quota immigrant status or preference of alien without proof of parent relationship of the petitioner to such alien. Subsec. (c). Pub. L. 86–363, § 5(b), limited approval to two petitions for one petitioner in behalf of a child as defined in section 1101(b)(1)(E) of this title unless necessary to prevent separation of brothers and sisters.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2004 AmendmentPub. L. 108–458, title V, § 5304(d), Dec. 17, 2004, 118 Stat. 3736, provided that: “The amendments made by this section [amending this section and sections 1201 and 1227 of this title] shall take effect on the date of enactment of this Act [Dec. 17, 2004] and shall apply to revocations under sections 205 and 221(i) of the Immigration and Nationality Act (8 U.S.C. 1155, 1201(i)) made before, on, or after such date.”
|
||||
|
||||
Effective Date of 1996 AmendmentAmendment by 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 1965 AmendmentFor 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.
|
||||
@@ -0,0 +1,47 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 1156"
|
||||
description: "Unused immigrant visas"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "12"
|
||||
chapter_name: "IMMIGRATION AND NATIONALITY"
|
||||
section: "1156"
|
||||
citation: "8 U.S.C. § 1156"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s1156"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "20dc1b04c9fa610c3f6c35d4b8417000f9e43f09b34e8c3591e626f0f87d0cd3"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "9193d835e1af51a9dbea54ecaa0c38916c72cd008dd6f6b5069591c5205d6575"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 1156 - Unused immigrant visas
|
||||
|
||||
## Text
|
||||
|
||||
If an immigrant having an immigrant visa is denied admission to the United States and removed, or does not apply for admission before the expiration of the validity of his visa, or if an alien having an immigrant visa issued to him as a preference immigrant is found not to be a preference immigrant, an immigrant visa or a preference immigrant visa, as the case may be, may be issued in lieu thereof to another qualified alien.
|
||||
|
||||
(June 27, 1952, ch. 477, title II, ch. 1, § 206, 66 Stat. 181; Pub. L. 89–236, § 6, Oct. 3, 1965, 79 Stat. 916; Pub. L. 104–208, div. C, title III, § 308(d)(4)(D), Sept. 30, 1996, 110 Stat. 3009–618.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1996—Pub. L. 104–208 substituted “denied admission to the United States and removed” for “excluded from admission to the United States and deported”. 1965—Pub. L. 89–236 substituted provisions allowing immigrant visas or preference immigrant visas to be issued to another qualified alien in lieu of immigrants excluded or deported, immigrants failing to apply for admission, or immigrants found not to be preference immigrants, for provisions relating to revocation of approval of petitions which, with minor amendments, were transferred to section 1155 of this title.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1996 AmendmentAmendment by 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 1965 AmendmentFor 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.
|
||||
File diff suppressed because one or more lines are too long
@@ -0,0 +1,171 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 1158"
|
||||
description: "Asylum"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "12"
|
||||
chapter_name: "IMMIGRATION AND NATIONALITY"
|
||||
section: "1158"
|
||||
citation: "8 U.S.C. § 1158"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s1158"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "82c25e78307abc5fdad441d69cf6807cf61e326fe06ac0903d5851e1e0a6f221"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "70c2577088825989521b1636c75407276dbd2d91f291b14b87e8f370961690d6"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 1158 - Asylum
|
||||
|
||||
## Text
|
||||
|
||||
(a) Authority to apply for asylum (1) In general Any alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters), irrespective of such alien’s status, may apply for asylum in accordance with this section or, where applicable, section 1225(b) of this title.
|
||||
|
||||
(2) Exceptions (A) Safe third country Paragraph (1) shall not apply to an alien if the Attorney General determines that the alien may be removed, pursuant to a bilateral or multilateral agreement, to a country (other than the country of the alien’s nationality or, in the case of an alien having no nationality, the country of the alien’s last habitual residence) in which the alien’s life or freedom would not be threatened on account of race, religion, nationality, membership in a particular social group, or political opinion, and where the alien would have access to a full and fair procedure for determining a claim to asylum or equivalent temporary protection, unless the Attorney General finds that it is in the public interest for the alien to receive asylum in the United States.
|
||||
|
||||
(B) Time limit Subject to subparagraph (D), paragraph (1) shall not apply to an alien unless the alien demonstrates by clear and convincing evidence that the application has been filed within 1 year after the date of the alien’s arrival in the United States.
|
||||
|
||||
(C) Previous asylum applications Subject to subparagraph (D), paragraph (1) shall not apply to an alien if the alien has previously applied for asylum and had such application denied.
|
||||
|
||||
(D) Changed circumstances An application for asylum of an alien may be considered, notwithstanding subparagraphs (B) and (C), if the alien demonstrates to the satisfaction of the Attorney General either the existence of changed circumstances which materially affect the applicant’s eligibility for asylum or extraordinary circumstances relating to the delay in filing an application within the period specified in subparagraph (B).
|
||||
|
||||
(E) Applicability Subparagraphs (A) and (B) shall not apply to an unaccompanied alien child (as defined in section 279(g) of title 6).
|
||||
|
||||
(3) Limitation on judicial review No court shall have jurisdiction to review any determination of the Attorney General under paragraph (2).
|
||||
|
||||
(b) Conditions for granting asylum (1) In general (A) Eligibility The Secretary of Homeland Security or the Attorney General may grant asylum to an alien who has applied for asylum in accordance with the requirements and procedures established by the Secretary of Homeland Security or the Attorney General under this section if the Secretary of Homeland Security or the Attorney General determines that such alien is a refugee within the meaning of section 1101(a)(42)(A) of this title.
|
||||
|
||||
(B) Burden of proof (i) In general The burden of proof is on the applicant to establish that the applicant is a refugee, within the meaning of section 1101(a)(42)(A) of this title. To establish that the applicant is a refugee within the meaning of such section, the applicant must establish that race, religion, nationality, membership in a particular social group, or political opinion was or will be at least one central reason for persecuting the applicant.
|
||||
|
||||
(ii) Sustaining burden The testimony of the applicant may be sufficient to sustain the applicant’s burden without corroboration, but only if the applicant satisfies the trier of fact that the applicant’s testimony is credible, is persuasive, and refers to specific facts sufficient to demonstrate that the applicant is a refugee. In determining whether the applicant has met the applicant’s burden, the trier of fact may weigh the credible testimony along with other evidence of record. Where the trier of fact determines that the applicant should provide evidence that corroborates otherwise credible testimony, such evidence must be provided unless the applicant does not have the evidence and cannot reasonably obtain the evidence.
|
||||
|
||||
(iii) Credibility determination Considering the totality of the circumstances, and all relevant factors, a trier of fact may base a credibility determination on the demeanor, candor, or responsiveness of the applicant or witness, the inherent plausibility of the applicant’s or witness’s account, the consistency between the applicant’s or witness’s written and oral statements (whenever made and whether or not under oath, and considering the circumstances under which the statements were made), the internal consistency of each such statement, the consistency of such statements with other evidence of record (including the reports of the Department of State on country conditions), and any inaccuracies or falsehoods in such statements, without regard to whether an inconsistency, inaccuracy, or falsehood goes to the heart of the applicant’s claim, or any other relevant factor. There is no presumption of credibility, however, if no adverse credibility determination is explicitly made, the applicant or witness shall have a rebuttable presumption of credibility on appeal.
|
||||
|
||||
(2) Exceptions (A) In general Paragraph (1) shall not apply to an alien if the Attorney General determines that—
|
||||
|
||||
(i) the alien 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;
|
||||
|
||||
(ii) the alien, having been convicted by a final judgment of a particularly serious crime, constitutes a danger to the community of the United States;
|
||||
|
||||
(iii) there are serious reasons for believing that the alien has committed a serious nonpolitical crime outside the United States prior to the arrival of the alien in the United States;
|
||||
|
||||
(iv) there are reasonable grounds for regarding the alien as a danger to the security of the United States;
|
||||
|
||||
(v) the alien is described in subclause (I), (II), (III), (IV), or (VI) of section 1182(a)(3)(B)(i) of this title or section 1227(a)(4)(B) of this title (relating to terrorist activity), unless, in the case only of an alien described in subclause (IV) of section 1182(a)(3)(B)(i) of this title, the Attorney General determines, in the Attorney General’s discretion, that there are not reasonable grounds for regarding the alien as a danger to the security of the United States; or
|
||||
|
||||
(vi) the alien was firmly resettled in another country prior to arriving in the United States.
|
||||
|
||||
(B) Special rules (i) Conviction of aggravated felony For purposes of clause (ii) of subparagraph (A), an alien who has been convicted of an aggravated felony shall be considered to have been convicted of a particularly serious crime.
|
||||
|
||||
(ii) Offenses The Attorney General may designate by regulation offenses that will be considered to be a crime described in clause (ii) or (iii) of subparagraph (A).
|
||||
|
||||
(C) Additional limitations The Attorney General may by regulation establish additional limitations and conditions, consistent with this section, under which an alien shall be ineligible for asylum under paragraph (1).
|
||||
|
||||
(D) No judicial review There shall be no judicial review of a determination of the Attorney General under subparagraph (A)(v).
|
||||
|
||||
(3) Treatment of spouse and children (A) In general A spouse or child (as defined in section 1101(b)(1)(A), (B), (C), (D), or (E) of this title) of an alien who is granted asylum under this subsection may, if not otherwise eligible for asylum under this section, be granted the same status as the alien if accompanying, or following to join, such alien.
|
||||
|
||||
(B) Continued classification of certain aliens as children An unmarried alien who seeks to accompany, or follow to join, a parent granted asylum under this subsection, and who was under 21 years of age on the date on which such parent applied for asylum under this section, shall continue to be classified as a child for purposes of this paragraph and section 1159(b)(3) of this title, if the alien attained 21 years of age after such application was filed but while it was pending.
|
||||
|
||||
(C) Initial jurisdiction An asylum officer (as defined in section 1225(b)(1)(E) of this title) shall have initial jurisdiction over any asylum application filed by an unaccompanied alien child (as defined in section 279(g) of title 6), regardless of whether filed in accordance with this section or section 1225(b) of this title.
|
||||
|
||||
(c) Asylum status (1) In general In the case of an alien granted asylum under subsection (b), the Attorney General—
|
||||
|
||||
(A) shall not remove or return the alien to the alien’s country of nationality or, in the case of a person having no nationality, the country of the alien’s last habitual residence;
|
||||
|
||||
(B) shall authorize the alien to engage in employment in the United States and provide the alien with appropriate endorsement of that authorization; and
|
||||
|
||||
(C) may allow the alien to travel abroad with the prior consent of the Attorney General.
|
||||
|
||||
(2) Termination of asylum Asylum granted under subsection (b) does not convey a right to remain permanently in the United States, and may be terminated if the Attorney General determines that—
|
||||
|
||||
(A) the alien no longer meets the conditions described in subsection (b)(1) owing to a fundamental change in circumstances;
|
||||
|
||||
(B) the alien meets a condition described in subsection (b)(2);
|
||||
|
||||
(C) the alien may be removed, pursuant to a bilateral or multilateral agreement, to a country (other than the country of the alien’s nationality or, in the case of an alien having no nationality, the country of the alien’s last habitual residence) in which the alien’s life or freedom would not be threatened on account of race, religion, nationality, membership in a particular social group, or political opinion, and where the alien is eligible to receive asylum or equivalent temporary protection;
|
||||
|
||||
(D) the alien has voluntarily availed himself or herself of the protection of the alien’s country of nationality or, in the case of an alien having no nationality, the alien’s country of last habitual residence, by returning to such country with permanent resident status or the reasonable possibility of obtaining such status with the same rights and obligations pertaining to other permanent residents of that country; or
|
||||
|
||||
(E) the alien has acquired a new nationality and enjoys the protection of the country of his or her new nationality.
|
||||
|
||||
(3) Removal when asylum is terminated An alien described in paragraph (2) is subject to any applicable grounds of inadmissibility or deportability under section 11 So in original. Probably should be “sections”. 1182(a) and 1227(a) of this title, and the alien’s removal or return shall be directed by the Attorney General in accordance with sections 1229a and 1231 of this title.
|
||||
|
||||
(d) Asylum procedure (1) Applications The Attorney General shall establish a procedure for the consideration of asylum applications filed under subsection (a). The Attorney General may require applicants to submit fingerprints and a photograph at such time and in such manner to be determined by regulation by the Attorney General.
|
||||
|
||||
(2) Employment An applicant for asylum is not entitled to employment authorization, but such authorization may be provided under regulation by the Attorney General. An applicant who is not otherwise eligible for employment authorization shall not be granted such authorization prior to 180 days after the date of filing of the application for asylum.
|
||||
|
||||
(3) Fees The Attorney General shall impose fees for the consideration of an application for asylum, for employment authorization under this section, and for adjustment of status under section 1159(b) of this title. Nothing in this paragraph may be construed to limit the authority of the Attorney General to set additional adjudication and naturalization fees in accordance with section 1356(m) of this title.
|
||||
|
||||
(4) Notice of privilege of counsel and consequences of frivolous application At the time of filing an application for asylum, the Attorney General shall—
|
||||
|
||||
(A) advise the alien of the privilege of being represented by counsel and of the consequences, under paragraph (6), of knowingly filing a frivolous application for asylum; and
|
||||
|
||||
(B) provide the alien a list of persons (updated not less often than quarterly) who have indicated their availability to represent aliens in asylum proceedings on a pro bono basis.
|
||||
|
||||
(5) Consideration of asylum applications (A) Procedures The procedure established under paragraph (1) shall provide that—
|
||||
|
||||
(i) asylum cannot be granted until the identity of the applicant has been checked against all appropriate records or databases maintained by the Attorney General and by the Secretary of State, including the Automated Visa Lookout System, to determine any grounds on which the alien may be inadmissible to or deportable from the United States, or ineligible to apply for or be granted asylum;
|
||||
|
||||
(ii) in the absence of exceptional circumstances, the initial interview or hearing on the asylum application shall commence not later than 45 days after the date an application is filed;
|
||||
|
||||
(iii) in the absence of exceptional circumstances, final administrative adjudication of the asylum application, not including administrative appeal, shall be completed within 180 days after the date an application is filed;
|
||||
|
||||
(iv) any administrative appeal shall be filed within 30 days of a decision granting or denying asylum, or within 30 days of the completion of removal proceedings before an immigration judge under section 1229a of this title, whichever is later; and
|
||||
|
||||
(v) in the case of an applicant for asylum who fails without prior authorization or in the absence of exceptional circumstances to appear for an interview or hearing, including a hearing under section 1229a of this title, the application may be dismissed or the applicant may be otherwise sanctioned for such failure.
|
||||
|
||||
(B) Additional regulatory conditions The Attorney General may provide by regulation for any other conditions or limitations on the consideration of an application for asylum not inconsistent with this chapter.
|
||||
|
||||
(6) Frivolous applications If the Attorney General determines that an alien has knowingly made a frivolous application for asylum and the alien has received the notice under paragraph (4)(A), the alien shall be permanently ineligible for any benefits under this chapter, effective as of the date of a final determination on such application.
|
||||
|
||||
(7) No private right of action Nothing in this subsection 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.
|
||||
|
||||
(e) Commonwealth of the Northern Mariana Islands The provisions of this section and section 1159(b) of this title shall apply to persons physically present in the Commonwealth of the Northern Mariana Islands or arriving in the Commonwealth (whether or not at a designated port of arrival and including persons who are brought to the Commonwealth after having been interdicted in international or United States waters) only on or after January 1, 2014.
|
||||
|
||||
(June 27, 1952, ch. 477, title II, ch. 1, § 208, as added Pub. L. 96–212, title II, § 201(b), Mar. 17, 1980, 94 Stat. 105; amended Pub. L. 101–649, title V, § 515(a)(1), Nov. 29, 1990, 104 Stat. 5053; Pub. L. 103–322, title XIII, § 130005(b), Sept. 13, 1994, 108 Stat. 2028; Pub. L. 104–132, title IV, § 421(a), Apr. 24, 1996, 110 Stat. 1270; Pub. L. 104–208, div. C, title VI, § 604(a), Sept. 30, 1996, 110 Stat. 3009–690; Pub. L. 107–56, title IV, § 411(b)(2), Oct. 26, 2001, 115 Stat. 348; Pub. L. 107–208, § 4, Aug. 6, 2002, 116 Stat. 928; Pub. L. 109–13, div. B, title I, § 101(a), (b), May 11, 2005, 119 Stat. 302, 303; Pub. L. 110–229, title VII, § 702(j)(4), May 8, 2008, 122 Stat. 866; Pub. L. 110–457, title II, § 235(d)(7), Dec. 23, 2008, 122 Stat. 5080; Pub. L. 119–21, title X, § 100018, July 4, 2025, 139 Stat. 385.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThis chapter, referred to in subsec. (d)(5)(B), (6), was in the original, “this Act”, meaning act June 27, 1952, ch. 477, 66 Stat. 163, 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 under section 1101 of this title and Tables.
|
||||
|
||||
Amendments2025—Subsec. (d)(3). Pub. L. 119–21 substituted “shall impose fees” for “may impose fees” and “Nothing in this paragraph may be construed to limit the authority of the Attorney General to set additional adjudication and naturalization fees in accordance with section 1356(m) of this title.” for “Such fees shall not exceed the Attorney General’s costs in adjudicating the applications. The Attorney General may provide for the assessment and payment of such fees over a period of time or by installments. Nothing in this paragraph shall be construed to require the Attorney General to charge fees for adjudication services provided to asylum applicants, or to limit the authority of the Attorney General to set adjudication and naturalization fees in accordance with section 1356(m) of this title.” 2008—Subsec. (a)(2)(E). Pub. L. 110–457, § 235(d)(7)(A), added subpar. (E). Subsec. (b)(3)(C). Pub. L. 110–457, § 235(d)(7)(B), added subpar. (C). Subsec. (e). Pub. L. 110–229 added subsec. (e). 2005—Subsec. (b)(1). Pub. L. 109–13, § 101(a)(1), (2), designated existing provisions as subpar. (A), inserted subpar. heading, and substituted “The Secretary of Homeland Security or the Attorney General” for “The Attorney General” and “the Secretary of Homeland Security or the Attorney General” for “the Attorney General” in two places. Subsec. (b)(1)(B). Pub. L. 109–13, § 101(a)(3), added subpar. (B) Subsec. (b)(2)(A)(v). Pub. L. 109–13, § 101(b), substituted “described in” for “inadmissible under” in two places and struck out “removable under” before “section 1227(a)(4)(B)”. 2002—Subsec. (b)(3). Pub. L. 107–208 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “A spouse or child (as defined in section 1101(b)(1)(A), (B), (C), (D), or (E) of this title) of an alien who is granted asylum under this subsection may, if not otherwise eligible for asylum under this section, be granted the same status as the alien if accompanying, or following to join, such alien.” 2001—Subsec. (b)(2)(A)(v). Pub. L. 107–56 substituted “(III), (IV), or (VI)” for “(III), or (IV)”. 1996—Pub. L. 104–208 substituted “Asylum” for “Asylum procedure” as section catchline and amended text generally, substituting subsecs. (a) to (d) for former subsecs. (a) to (e). Subsec. (a). Pub. L. 104–132, § 421(a), inserted at end “The Attorney General may not grant an alien asylum if the Attorney General determines that the alien is excludable under subclause (I), (II), or (III) of section 1182(a)(3)(B)(i) of this title or deportable under section 1251(a)(4)(B) of this title, unless the Attorney General determines, in the discretion of the Attorney General, that there are not reasonable grounds for regarding the alien as a danger to the security of the United States.” 1994—Subsec. (e). Pub. L. 103–322 added subsec. (e). 1990—Subsec. (d). Pub. L. 101–649 added subsec. (d).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2008 AmendmentAmendment by Pub. L. 110–229 effective on the transition program effective date described in section 1806 of Title 48, Territories and Insular Possessions, see section 705(b) of Pub. L. 110–229, set out as an Effective Date note under section 1806 of Title 48.
|
||||
|
||||
Effective Date of 2005 AmendmentPub. L. 109–13, div. B, title I, § 101(h)(1), (2), May 11, 2005, 119 Stat. 305, provided that: “(1) The amendments made by paragraphs (1) and (2) of subsection (a) [amending this section] shall take effect as if enacted on March 1, 2003. “(2) The amendments made by subsections (a)(3), (b), (c), and (d) [amending this section and sections 1229a and 1231 of this title] shall take effect on the date of the enactment of this division [May 11, 2005] and shall apply to applications for asylum, withholding, or other relief from removal made on or after such date.”
|
||||
|
||||
Effective Date of 2002 AmendmentAmendment by Pub. L. 107–208 effective Aug. 6, 2002, and applicable to certain beneficiary aliens, see section 8 of Pub. L. 107–208, set out as a note under section 1151 of this title.
|
||||
|
||||
Effective Date of 2001 AmendmentAmendment by Pub. L. 107–56 effective Oct. 26, 2001, and applicable to actions taken by an alien before, on, or after Oct. 26, 2001, and to all aliens, regardless of date of entry or attempted entry into the United States, in removal proceedings on or after such date (except for proceedings in which there has been a final administrative decision before such date) or seeking admission to the United States on or after such date, with special rules and exceptions, see section 411(c) of Pub. L. 107–56, set out as a note under section 1182 of this title.
|
||||
|
||||
Effective Date of 1996 AmendmentsPub. L. 104–208, div. C, title VI, § 604(c), Sept. 30, 1996, 110 Stat. 3009–694, provided that: “The amendment made by subsection (a) [amending this section] shall apply to applications for asylum filed on or after the first day of the first month beginning more than 180 days after the date of the enactment of this Act [Sept. 30, 1996]. Pub. L. 104–132, title IV, § 421(b), Apr. 24, 1996, 110 Stat. 1270, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Apr. 24, 1996] and apply to asylum determinations made on or after such date.”
|
||||
|
||||
Effective Date of 1990 AmendmentPub. L. 101–649, title V, § 515(b), Nov. 29, 1990, 104 Stat. 5053, as amended by Pub. L. 102–232, title III, § 306(a)(13), Dec. 12, 1991, 105 Stat. 1752, provided that: “(1) The amendment made by subsection (a)(1) [amending this section] shall apply to convictions entered before, on, or after the date of the enactment of this Act [Nov. 29, 1990] and to applications for asylum made on or after such date. “(2) The amendment made by subsection (a)(2) [amending section 1253 of this title] shall apply to convictions entered before, on, or after the date of the enactment of this Act [Nov. 29, 1990] and to applications for withholding of deportation made on or after such date.”
|
||||
|
||||
Effective DateSection effective Mar. 17, 1980, and applicable to fiscal years beginning with the fiscal year beginning Oct. 1, 1979, see section 204 of Pub. L. 96–212, set out as an Effective Date of 1980 Amendment note under section 1101 of this title.
|
||||
|
||||
RegulationsPub. L. 110–340, § 2(d), Oct. 3, 2008, 122 Stat. 3736, provided that: “(1) Issuance of regulations.—Not later than 60 days after the date of enactment of this Act [Oct. 3, 2008], the Attorney General and the Secretary of Homeland Security shall promulgate final regulations establishing that, for purposes of sections 241(b)(3)(B)(iii) and 208(b)(2)(A)(iii) of the Immigration and Nationality Act (8 U.S.C. 1231(b)(3)(B)(iii); 8 U.S.C. 1158(b)(2)(A)(iii)), an alien who is deportable under section 237(a)(4)(F) of such Act (8 U.S.C. 1227(a)(4)(F)) or inadmissible under section 212(a)(3)(G) of such Act (8 U.S.C. 1182(a)(3)(G)) shall be considered an alien with respect to whom there are serious reasons to believe that the alien committed a serious nonpolitical crime. “(2) Authority to waive certain regulatory requirements.—The requirements of chapter 5 of title 5, United States Code (commonly referred to as the ‘Administrative Procedure Act’), chapter 35 of title 44, United States Code (commonly referred to as the ‘Paperwork Reduction Act’), or any other law relating to rulemaking, information collection, or publication in the Federal Register, shall not apply to any action to implement paragraph (1) to the extent the Attorney General or the Secretary Homeland of [sic] Security determines that compliance with any such requirement would impede the expeditious implementation of such paragraph.”
|
||||
|
||||
Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.
|
||||
|
||||
Expeditious Removal for Denied Asylum ApplicantsPub. L. 103–322, title XIII, § 130005, Sept. 13, 1994, 108 Stat. 2028, as amended by Pub. L. 104–208, div. C, title III, § 308(e)(1)(P), (17), Sept. 30, 1996, 110 Stat. 3009–620, 3009–621, provided: “(a) In General.—The Attorney General may provide for the expeditious adjudication of asylum claims and the expeditious removal of asylum applicants whose applications have been finally denied, unless the applicant remains in an otherwise valid nonimmigrant status. “(b) Employment Authorization.— [Amended this section.] “(c) Authorization of Appropriations.—There are authorized to be appropriated to carry out this section—“(1) $64,000,000 for fiscal year 1995; “(2) $90,000,000 for fiscal year 1996; “(3) $93,000,000 for fiscal year 1997; and “(4) $91,000,000 for fiscal year 1998.”
|
||||
|
||||
[Amended this section.]
|
||||
|
||||
Time for Establishment of Asylum Procedure by Attorney GeneralPub. L. 96–212, title II, § 204(d)(2), Mar. 17, 1980, 94 Stat. 109, provided that: “The Attorney General shall establish the asylum procedure referred to in section 208(a) of the Immigration and Nationality Act (as added by section 201(b) of this title) [former subsec. (a) of this section] not later than June 1, 1980.”
|
||||
@@ -0,0 +1,83 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 1159"
|
||||
description: "Adjustment of status of refugees"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "12"
|
||||
chapter_name: "IMMIGRATION AND NATIONALITY"
|
||||
section: "1159"
|
||||
citation: "8 U.S.C. § 1159"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s1159"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "18b276de9e998796fb16ec31df0f57d18481f3f2e891342c261d2920e8e03250"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "140369210b2703329a944101f4f65026cc0d63ab33c031a7e4f0791d165b3102"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 1159 - Adjustment of status of refugees
|
||||
|
||||
## Text
|
||||
|
||||
(a) Inspection and examination by Department of Homeland Security (1) Any alien who has been admitted to the United States under section 1157 of this title—
|
||||
|
||||
(A) whose admission has not been terminated by the Secretary of Homeland Security or the Attorney General pursuant to such regulations as the Secretary of Homeland Security or the Attorney General may prescribe,
|
||||
|
||||
(B) who has been physically present in the United States for at least one year, and
|
||||
|
||||
(C) who has not acquired permanent resident status,
|
||||
|
||||
shall, at the end of such year period, return or be returned to the custody of the Department of Homeland Security for inspection and examination for admission to the United States as an immigrant in accordance with the provisions of sections 1225, 1229a, and 1231 of this title.
|
||||
|
||||
(2) Any alien who is found upon inspection and examination by an immigration officer pursuant to paragraph (1) or after a hearing before an immigration judge to be admissible (except as otherwise provided under subsection (c)) as an immigrant under this chapter at the time of the alien’s inspection and examination shall, notwithstanding any numerical limitation specified in this chapter, be regarded as lawfully admitted to the United States for permanent residence as of the date of such alien’s arrival into the United States.
|
||||
|
||||
(b) Requirements for adjustment The Secretary of Homeland Security or the Attorney General, in the Secretary’s or the Attorney General’s discretion and under such regulations as the Secretary or the Attorney General may prescribe, may adjust to the status of an alien lawfully admitted for permanent residence the status of any alien granted asylum who—
|
||||
|
||||
(1) applies for such adjustment,
|
||||
|
||||
(2) has been physically present in the United States for at least one year after being granted asylum,
|
||||
|
||||
(3) continues to be a refugee within the meaning of section 1101(a)(42)(A) of this title or a spouse or child of such a refugee,
|
||||
|
||||
(4) is not firmly resettled in any foreign country, and
|
||||
|
||||
(5) is admissible (except as otherwise provided under subsection (c)) as an immigrant under this chapter at the time of examination for adjustment of such alien.
|
||||
|
||||
Upon approval of an application under this subsection, the Secretary of Homeland Security or the Attorney General shall establish a record of the alien’s admission for lawful permanent residence as of the date one year before the date of the approval of the application.
|
||||
|
||||
(c) Coordination with section 1182 The provisions of paragraphs (4), (5), and (7)(A) of section 1182(a) of this title shall not be applicable to any alien seeking adjustment of status under this section, and the Secretary of Homeland Security or the Attorney General 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.
|
||||
|
||||
(June 27, 1952, ch. 477, title II, ch. 1, § 209, as added Pub. L. 96–212, title II, § 201(b), Mar. 17, 1980, 94 Stat. 105; amended Pub. L. 101–649, title I, § 104(a)(1), title VI, § 603(a)(4), Nov. 29, 1990, 104 Stat. 4985, 5082; Pub. L. 102–232, title III, § 307(l)(1), Dec. 12, 1991, 105 Stat. 1756; Pub. L. 104–208, div. C, title III, §§ 308(g)(3)(A), (4)(A), 371(b)(2), Sept. 30, 1996, 110 Stat. 3009–622, 3009–645; Pub. L. 109–13, div. B, title I, § 101(g)(1), May 11, 2005, 119 Stat. 305.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThis chapter, referred to in subsecs. (a)(2) and (b)(5), was in the original, “this Act”, meaning act June 27, 1952, ch. 477, 66 Stat. 163, 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 under section 1101 of this title and Tables.
|
||||
|
||||
Amendments2005—Subsec. (a)(1). Pub. L. 109–13, § 101(g)(1)(A)(i), substituted “Department of Homeland Security” for “Service” in concluding provisions. Subsec. (a)(1)(A). Pub. L. 109–13, § 101(g)(1)(A)(ii), substituted “Secretary of Homeland Security or the Attorney General” for “Attorney General” in two places. Subsec. (b). Pub. L. 109–13, § 101(g)(1)(B)(ii), substituted “Secretary of Homeland Security or the Attorney General” for “Attorney General” in concluding provisions. Pub. L. 109–13, § 101(g)(1)(B)(i), added introductory provisions and struck out former introductory provisions which read as follows: “Not more than 10,000 of the refugee admissions authorized under section 1157(a) of this title in any fiscal year may be made available by the Attorney General, in the Attorney General’s discretion and under such regulations as the Attorney General may prescribe, to adjust to the status of an alien lawfully admitted for permanent residence the status of any alien granted asylum who—”. Subsec. (c). Pub. L. 109–13, § 101(g)(1)(C), substituted “Secretary of Homeland Security or the Attorney General” for “Attorney General”. 1996—Subsec. (a)(1). Pub. L. 104–208, § 308(g)(3)(A), (4)(A), substituted “1229a” for “1226” and “1231” for “1227” in concluding provisions. Subsec. (a)(2). Pub. L. 104–208, § 371(b)(2), substituted “an immigration judge” for “a special inquiry officer”. 1991—Subsec. (c). Pub. L. 102–232 substituted “subparagraph (A)” for “subparagraphs (A)”. 1990—Subsec. (b). Pub. L. 101–649, § 104(a)(1), substituted “10,000” for “five thousand”. Subsec. (c). Pub. L. 101–649, § 603(a)(4), substituted “(4), (5), and (7)(A)” for “(14), (15), (20), (21), (25), and (32)” and “(other than paragraph (2)(C) or subparagraphs (A), (B), (C), or (E) of paragraph (3))” for “(other than paragraph (27), (29), or (33) and other than so much of paragraph (23) as relates to trafficking in narcotics)”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1996 AmendmentAmendment by section 308(g)(3)(A), (4)(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. Amendment by section 371(b)(2) of Pub. L. 104–208 effective Sept. 30, 1996, see section 371(d)(1) of Pub. L. 104–208, set out as a note under section 1101 of this title.
|
||||
|
||||
Effective Date of 1991 AmendmentPub. L. 102–232, title III, § 307(l), Dec. 12, 1991, 105 Stat. 1756, provided that the amendment made by section 307(l) is effective as if included in section 603(a) of the Immigration Act of 1990, Pub. L. 101–649.
|
||||
|
||||
Effective Date of 1990 AmendmentPub. L. 101–649, title I, § 104(a)(2), Nov. 29, 1990, 104 Stat. 4985, provided that: “The amendment made by paragraph (1) [amending this section] shall apply to fiscal years beginning with fiscal year 1991 and the President is authorized, without the need for appropriate consultation, to increase the refugee determination previously made under section 207 of the Immigration and Nationality Act [8 U.S.C. 1157] for fiscal year 1991 in order to make such amendment effective for such fiscal year.” Amendment by section 603(a)(4) of Pub. L. 101–649 applicable to individuals entering United States on or after June 1, 1991, see section 601(e)(1) of Pub. L. 101–649, set out as a note under section 1101 of this title.
|
||||
|
||||
Effective DateSection effective, except as otherwise provided, Mar. 17, 1980, and applicable to fiscal years beginning with the fiscal year beginning Oct. 1, 1979, see section 204 of Pub. L. 96–212, set out as an Effective Date of 1980 Amendment note under section 1101 of this title.
|
||||
|
||||
Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.
|
||||
|
||||
Waiver of Numerical Limitation for Certain Current Asylees; Adjustment of Certain Former AsyleesPub. L. 101–649, title I, § 104(c), (d), Nov. 29, 1990, 104 Stat. 4985, as amended by Pub. L. 104–208, div. C, title VI, § 604(b)(2), Sept. 30, 1996, 110 Stat. 3009–694, provided that: “(c) Waiver of Numerical Limitation for Certain Current Asylees.—The numerical limitation on the number of aliens whose status may be adjusted under section 209(b) of the Immigration and Nationality Act [8 U.S.C. 1159(b)] shall not apply to an alien described in subsection (d) or to an alien who has applied for adjustment of status under such section on or before June 1, 1990. “(d) Adjustment of Certain Former Asylees.—“(1) In general.—Subject to paragraph (2), the provisions of section 209(b) of the Immigration and Nationality Act [8 U.S.C. 1159(b)] shall also apply to an alien—“(A) who was granted asylum before the date of the enactment of this Act [Nov. 29, 1990] (regardless of whether or not such asylum has been terminated under section 208 of the Immigration and Nationality Act [8 U.S.C. 1158]), “(B) who is no longer a refugee because of a change in circumstances in a foreign state, and “(C) who was (or would be) qualified for adjustment of status under section 209(b) of the Immigration and Nationality Act as of the date of the enactment of this Act but for paragraphs (2) and (3) thereof and but for any numerical limitation under such section. “(2) Application of per country limitations.—The number of aliens who are natives of any foreign state who may adjust status pursuant to paragraph (1) in any fiscal year shall not exceed the difference between the per country limitation established under section 202(a) of the Immigration and Nationality Act [8 U.S.C. 1152(a)] and the number of aliens who are chargeable to that foreign state in the fiscal year under section 202 of such Act.” [Section 104(c), (d) of Pub. L. 101–649 effective Nov. 29, 1990, and (unless otherwise provided) applicable to fiscal year 1991, see section 161(b) of Pub. L. 101–649, set out as an Effective Date of 1990 Amendment note under section 1101 of this title.]
|
||||
@@ -0,0 +1,199 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 1160"
|
||||
description: "Special agricultural workers"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "12"
|
||||
chapter_name: "IMMIGRATION AND NATIONALITY"
|
||||
section: "1160"
|
||||
citation: "8 U.S.C. § 1160"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s1160"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "7cb6c6ca4db20060443f68a417db666bf249b8e5d4600d5022d16a5fb64320c8"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "62bee5f1068401a9b3a1348e5c6e093c163fbe5ce178d288c2f71893c035a32c"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 1160 - Special agricultural workers
|
||||
|
||||
## Text
|
||||
|
||||
(a) Lawful residence (1) In general The Attorney General shall adjust the status of an alien to that of an alien lawfully admitted for temporary residence if the Attorney General determines that the alien meets the following requirements:
|
||||
|
||||
(A) Application period The alien must apply for such adjustment during the 18-month period beginning on the first day of the seventh month that begins after November 6, 1986.
|
||||
|
||||
(B) Performance of seasonal agricultural services and residence in the United States The alien must establish that he has—
|
||||
|
||||
(i) resided in the United States, and
|
||||
|
||||
(ii) performed seasonal agricultural services in the United States for at least 90 man-days,
|
||||
|
||||
during the 12-month period ending on May 1, 1986. For purposes of the previous sentence, performance of seasonal agricultural services in the United States for more than one employer on any one day shall be counted as performance of services for only 1 man-day.
|
||||
|
||||
(C) Admissible as immigrant The alien must establish that he is admissible to the United States as an immigrant, except as otherwise provided under subsection (c)(2).
|
||||
|
||||
(2) Adjustment to permanent residence The Attorney General shall adjust the status of any alien provided lawful temporary resident status under paragraph (1) to that of an alien lawfully admitted for permanent residence on the following date:
|
||||
|
||||
(A) Group 1 Subject to the numerical limitation established under subparagraph (C), in the case of an alien who has established, at the time of application for temporary residence under paragraph (1), that the alien performed seasonal agricultural services in the United States for at least 90 man-days during each of the 12-month periods ending on May 1, 1984, 1985, and 1986, the adjustment shall occur on the first day after the end of the one-year period that begins on the later of (I) the date the alien was granted such temporary resident status, or (II) the day after the last day of the application period described in paragraph (1)(A).
|
||||
|
||||
(B) Group 2 In the case of aliens to which subparagraph (A) does not apply, the adjustment shall occur on the day after the last day of the two-year period that begins on the later of (I) the date the alien was granted such temporary resident status, or (II) the day after the last day of the application period described in paragraph (1)(A).
|
||||
|
||||
(C) Numerical limitation Subparagraph (A) shall not apply to more than 350,000 aliens. If more than 350,000 aliens meet the requirements of such subparagraph, such subparagraph shall apply to the 350,000 aliens whose applications for adjustment were first filed under paragraph (1) and subparagraph (B) shall apply to the remaining aliens.
|
||||
|
||||
(3) Termination of temporary residence (A) During the period of temporary resident status granted an alien under paragraph (1), the Attorney General may terminate such status only upon a determination under this chapter that the alien is deportable.
|
||||
|
||||
(B) Before any alien becomes eligible for adjustment of status under paragraph (2), the Attorney General may deny adjustment to permanent status and provide for termination of the temporary resident status granted such alien under paragraph (1) if—
|
||||
|
||||
(i) the Attorney General finds by a preponderance of the evidence that the adjustment to temporary resident status was the result of fraud or willful misrepresentation as set out in section 1182(a)(6)(C)(i) of this title, or
|
||||
|
||||
(ii) the alien commits an act that (I) makes the alien inadmissible to the United States as an immigrant, except as provided under subsection (c)(2), or (II) is convicted of a felony or 3 or more misdemeanors committed in the United States.
|
||||
|
||||
(4) Authorized travel and employment during temporary residence During the period an alien is in lawful temporary resident status granted under this subsection, the alien has the right to travel abroad (including commutation from a residence abroad) and shall be granted authorization to engage in employment in the United States and shall be provided an “employment authorized” endorsement or other appropriate work permit, in the same manner as for aliens lawfully admitted for permanent residence.
|
||||
|
||||
(5) In general Except as otherwise provided in this subsection, an alien who acquires the status of an alien lawfully admitted for temporary residence under paragraph (1), such status not having changed, is considered to be an alien lawfully admitted for permanent residence (as described in section 1101(a)(20) of this title), other than under any provision of the immigration laws.
|
||||
|
||||
(b) Applications for adjustment of status (1) To whom may be made (A) Within the United States The Attorney General shall provide that applications for adjustment of status under subsection (a) may be filed—
|
||||
|
||||
(i) with the Attorney General, or
|
||||
|
||||
(ii) with a designated entity (designated under paragraph (2)), but only if the applicant consents to the forwarding of the application to the Attorney General.
|
||||
|
||||
(B) Outside the United States The Attorney General, in cooperation with the Secretary of State, shall provide a procedure whereby an alien may apply for adjustment of status under subsection (a)(1) at an appropriate consular office outside the United States. If the alien otherwise qualifies for such adjustment, the Attorney General shall provide such documentation of authorization to enter the United States and to have the alien’s status adjusted upon entry as may be necessary to carry out the provisions of this section.
|
||||
|
||||
(2) Designation of entities to receive applications For purposes of receiving applications under this section, the Attorney General—
|
||||
|
||||
(A) shall designate qualified voluntary organizations and other qualified State, local, community, farm labor organizations, and associations of agricultural employers, and
|
||||
|
||||
(B) may designate such other persons as the Attorney General determines are qualified and have substantial experience, demonstrated competence, and traditional long-term involvement in the preparation and submittal of applications for adjustment of status under section 1159 or 1255 of this title, Public Law 89–732 [8 U.S.C. 1255 note], or Public Law 95–145 [8 U.S.C. 1255 note].
|
||||
|
||||
(3) Proof of eligibility (A) In general An alien may establish that he meets the requirement of subsection (a)(1)(B)(ii) through government employment records, records supplied by employers or collective bargaining organizations, and such other reliable documentation as the alien may provide. The Attorney General shall establish special procedures to credit properly work in cases in which an alien was employed under an assumed name.
|
||||
|
||||
(B) Documentation of work history (i) An alien applying for adjustment of status under subsection (a)(1) has the burden of proving by a preponderance of the evidence that the alien has worked the requisite number of man-days (as required under subsection (a)(1)(B)(ii)).
|
||||
|
||||
(ii) If an employer or farm labor contractor employing such an alien has kept proper and adequate records respecting such employment, the alien’s burden of proof under clause (i) may be met by securing timely production of those records under regulations to be promulgated by the Attorney General.
|
||||
|
||||
(iii) An alien can meet such burden of proof if the alien establishes that the alien has in fact performed the work described in subsection (a)(1)(B)(ii) by producing sufficient evidence to show the extent of that employment as a matter of just and reasonable inference. In such a case, the burden then shifts to the Attorney General to disprove the alien’s evidence with a showing which negates the reasonableness of the inference to be drawn from the evidence.
|
||||
|
||||
(4) Treatment of applications by designated entities Each designated entity must agree to forward to the Attorney General applications filed with it in accordance with paragraph (1)(A)(ii) but not to forward to the Attorney General applications filed with it unless the applicant has consented to such forwarding. No such entity may make a determination required by this section to be made by the Attorney General.
|
||||
|
||||
(5) Limitation on access to information Files and records prepared for purposes of this section by designated entities operating under this section are confidential and the Attorney General and the Service shall not have access to such files or records relating to an alien without the consent of the alien, except as allowed by a court order issued pursuant to paragraph (6) of this subsection.
|
||||
|
||||
(6) Confidentiality of information (A) In general Except as provided in this paragraph, neither the Attorney General, nor any other official or employee of the Department of Justice, or bureau or agency thereof, may—
|
||||
|
||||
(i) use the information furnished by the applicant pursuant to an application filed under this section for any purpose other than to make a determination on the application, including a determination under subsection (a)(3)(B), or for enforcement of paragraph (7);
|
||||
|
||||
(ii) make any publication whereby the information furnished by any particular individual can be identified; or
|
||||
|
||||
(iii) permit anyone other than the sworn officers and employees of the Department or bureau or agency or, with respect to applications filed with a designated entity, that designated entity, to examine individual applications.
|
||||
|
||||
(B) Required disclosures The Attorney General shall provide information furnished under this section, and any other information derived from such furnished information, to a duly recognized law enforcement entity in connection with a criminal investigation or prosecution, when such information is requested in writing by such entity, or to an official coroner for purposes of affirmatively identifying a deceased individual (whether or not such individual is deceased as a result of a crime).
|
||||
|
||||
(C) Construction (i) In general Nothing in this paragraph shall be construed to limit the use, or release, for immigration enforcement purposes or law enforcement purposes of information contained in files or records of the Service pertaining to an application filed under this section, other than information furnished by an applicant pursuant to the application, or any other information derived from the application, that is not available from any other source.
|
||||
|
||||
(ii) Criminal convictions Information concerning whether the applicant has at any time been convicted of a crime may be used or released for immigration enforcement or law enforcement purposes.
|
||||
|
||||
(D) Crime Whoever knowingly uses, publishes, or permits information to be examined in violation of this paragraph shall be fined not more than $10,000.
|
||||
|
||||
(7) Penalties for false statements in applications (A) Criminal penalty Whoever—
|
||||
|
||||
(i) files an application for adjustment of status under this section and knowingly and willfully falsifies, conceals, or covers up a material fact or makes any false, fictitious, or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious, or fraudulent statement or entry, or
|
||||
|
||||
(ii) creates or supplies a false writing or document for use in making such an application,
|
||||
|
||||
shall be fined in accordance with title 18 or imprisoned not more than five years, or both.
|
||||
|
||||
(B) Exclusion An alien who is convicted of a crime under subparagraph (A) shall be considered to be inadmissible to the United States on the ground described in section 1182(a)(6)(C)(i) of this title.
|
||||
|
||||
(c) Waiver of numerical limitations and certain grounds for exclusion (1) Numerical limitations do not apply The numerical limitations of sections 1151 and 1152 of this title shall not apply to the adjustment of aliens to lawful permanent resident status under this section.
|
||||
|
||||
(2) Waiver of grounds for exclusion In the determination of an alien’s admissibility under subsection (a)(1)(C)—
|
||||
|
||||
(A) Grounds of exclusion not applicable The provisions of paragraphs (5) and (7)(A) of section 1182(a) of this title shall not apply.
|
||||
|
||||
(B) Waiver of other grounds (i) In general Except as provided in clause (ii), the Attorney General may waive any other provision of section 1182(a) of this title in the case of individual aliens for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest.
|
||||
|
||||
(ii) Grounds that may not be waived The following provisions of section 1182(a) of this title may not be waived by the Attorney General under clause (i):
|
||||
|
||||
(I) Paragraphs (2)(A) and (2)(B) (relating to criminals).
|
||||
|
||||
(II) Paragraph (4) (relating to aliens likely to become public charges).
|
||||
|
||||
(III) Paragraph (2)(C) (relating to drug offenses), except for so much of such paragraph as relates to a single offense of simple possession of 30 grams or less of marihuana.
|
||||
|
||||
(IV) Paragraph (3) (relating to security and related grounds), other than subparagraph (E) thereof.
|
||||
|
||||
(C) Special rule for determination of public charge An alien is not ineligible for adjustment of status under this section due to being inadmissible under section 1182(a)(4) of this title if the alien demonstrates a history of employment in the United States evidencing self-support without reliance on public cash assistance.
|
||||
|
||||
(d) Temporary stay of exclusion or deportation and work authorization for certain applicants (1) Before application period The Attorney General shall provide that in the case of an alien who is apprehended before the beginning of the application period described in subsection (a)(1) and who can establish a nonfrivolous case of eligibility to have his status adjusted under subsection (a) (but for the fact that he may not apply for such adjustment until the beginning of such period), until the alien has had the opportunity during the first 30 days of the application period to complete the filing of an application for adjustment, the alien—
|
||||
|
||||
(A) may not be excluded or deported, and
|
||||
|
||||
(B) shall be granted authorization to engage in employment in the United States and be provided an “employment authorized” endorsement or other appropriate work permit.
|
||||
|
||||
(2) During application period The Attorney General shall provide that in the case of an alien who presents a nonfrivolous application for adjustment of status under subsection (a) during the application period, and until a final determination on the application has been made in accordance with this section, the alien—
|
||||
|
||||
(A) may not be excluded or deported, and
|
||||
|
||||
(B) shall be granted authorization to engage in employment in the United States and be provided an “employment authorized” endorsement or other appropriate work permit.
|
||||
|
||||
(3) Use of application fees to offset program costs No application fees collected by the Service pursuant to this subsection may be used by the Service to offset the costs of the special agricultural worker legalization program until the Service implements the program consistent with the statutory mandate as follows:
|
||||
|
||||
(A) During the application period described in subsection (a)(1)(A) the Service may grant temporary admission to the United States, work authorization, and provide an “employment authorized” endorsement or other appropriate work permit to any alien who presents a preliminary application for adjustment of status under subsection (a) at a designated port of entry on the southern land border. An alien who does not enter through a port of entry is subject to deportation and removal as otherwise provided in this chapter.
|
||||
|
||||
(B) During the application period described in subsection (a)(1)(A) any alien who has filed an application for adjustment of status within the United States as provided in subsection (b)(1)(A) pursuant to the provision of 8 CFR section 210.1(j) is subject to paragraph (2) of this subsection.
|
||||
|
||||
(C) A preliminary application is defined as a fully completed and signed application with fee and photographs which contains specific information concerning the performance of qualifying employment in the United States and the documentary evidence which the applicant intends to submit as proof of such employment. The applicant must be otherwise admissible to the United States and must establish to the satisfaction of the examining officer during an interview that his or her claim to eligibility for special agriculture worker status is credible.
|
||||
|
||||
(e) Administrative and judicial review (1) Administrative and judicial review There shall be no administrative or judicial review of a determination respecting an application for adjustment of status under this section except in accordance with this subsection.
|
||||
|
||||
(2) Administrative review (A) Single level of administrative appellate review The Attorney General shall establish an appellate authority to provide for a single level of administrative appellate review of such a determination.
|
||||
|
||||
(B) Standard for review Such administrative appellate review shall be based solely upon the administrative record established at the time of the determination on the application and upon such additional or newly discovered evidence as may not have been available at the time of the determination.
|
||||
|
||||
(3) Judicial review (A) Limitation to review of exclusion or deportation There shall be judicial review of such a denial only in the judicial review of an order of exclusion or deportation under section 1105a of this title (as in effect before October 1, 1996).
|
||||
|
||||
(B) Standard for judicial review Such judicial review shall be based solely upon the administrative record established at the time of the review by the appellate authority and the findings of fact and determinations contained in such record shall be conclusive unless the applicant can establish abuse of discretion or that the findings are directly contrary to clear and convincing facts contained in the record considered as a whole.
|
||||
|
||||
(f) Temporary disqualification of newly legalized aliens from receiving aid to families with dependent children During the five-year period beginning on the date an alien was granted lawful temporary resident status under subsection (a), and notwithstanding any other provision of law, the alien is not eligible for assistance under a State program funded under part A of title IV of the Social Security Act [42 U.S.C. 601 et seq.]. Notwithstanding the previous sentence, in the case of an alien who would be eligible for assistance under a State program funded under part A of title IV of the Social Security Act but for the previous sentence, the provisions of paragraph (3) of section 1255a(h) of this title shall apply in the same manner as they apply with respect to paragraph (1) of such section and, for this purpose, any reference in section 1255a(h)(3) of this title to paragraph (1) is deemed a reference to the previous sentence.
|
||||
|
||||
(g) Treatment of special agricultural workers For all purposes (subject to subsections (a)(5) and (f)) an alien whose status is adjusted under this section to that of an alien lawfully admitted for permanent residence, such status not having changed, shall be considered to be an alien lawfully admitted for permanent residence (within the meaning of section 1101(a)(20) of this title).
|
||||
|
||||
(h) “Seasonal agricultural services” defined In this section, the term “seasonal agricultural services” means the performance of field work related to planting, cultural practices, cultivating, growing and harvesting of fruits and vegetables of every kind and other perishable commodities, as defined in regulations by the Secretary of Agriculture.
|
||||
|
||||
(June 27, 1952, ch. 477, title II, ch. 1, § 210, as added Pub. L. 99–603, title III, § 302(a)(1), Nov. 6, 1986, 100 Stat. 3417; amended Pub. L. 100–202, § 101(a) [title II, § 211], Dec. 22, 1987, 101 Stat. 1329, 1329–18; Pub. L. 100–525, § 2(m), Oct. 24, 1988, 102 Stat. 2613; Pub. L. 101–238, § 4, Dec. 18, 1989, 103 Stat. 2103; Pub. L. 101–649, title VI, § 603(a)(5), Nov. 29, 1990, 104 Stat. 5082; Pub. L. 102–232, title III, §§ 307(j), 309(b)(6), Dec. 12, 1991, 105 Stat. 1756, 1758; Pub. L. 103–416, title II, § 219(d), (z)(7), Oct. 25, 1994, 108 Stat. 4316, 4318; Pub. L. 104–132, title IV, § 431(b), Apr. 24, 1996, 110 Stat. 1273; Pub. L. 104–193, title I, § 110(s)(1), Aug. 22, 1996, 110 Stat. 2175; Pub. L. 104–208, div. C, title III, §§ 308(g)(2)(B), 384(d)(1), title VI, § 623(b), Sept. 30, 1996, 110 Stat. 3009–622, 3009–653, 3009–697.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThis chapter, referred to in subsecs. (a)(3)(A) and (d)(3)(A), was in the original, “this Act”, meaning act June 27, 1952, ch. 477, 66 Stat. 163, 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 under section 1101 of this title and Tables. Public Law 89–732, referred to in subsec. (b)(2)(B), is Pub. L. 89–732, Nov. 2, 1966, 80 Stat. 1161, which is set out as a note under section 1255 of this title. Public Law 95–145, referred to in subsec. (b)(2)(B), is Pub. L. 95–145, Oct. 28, 1977, 91 Stat. 1223. Title I of Pub. L. 95–145 is set out as a note under section 1255 of this title. Title II of Pub. L. 95–145 amended Pub. L. 94–23, which was set out as a note under section 2601 of Title 22, Foreign Relations and Intercourse, and was repealed by Pub. L. 96–212, title III, § 312(c), Mar. 17, 1980, 94 Stat. 117. Section 1105a of this title, referred to in subsec. (e)(3)(A), was repealed by Pub. L. 104–208, div. C, title III, § 306(b), Sept. 30, 1996, 110 Stat. 3009–612. The Social Security Act, referred to in subsec. (f), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Part A of title IV of the Social Security Act is classified generally to part A (§ 601 et seq.) of subchapter IV of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
|
||||
|
||||
Amendments1996—Subsec. (b)(5). Pub. L. 104–132, § 431(b)(1), inserted before period at end “, except as allowed by a court order issued pursuant to paragraph (6) of this subsection”. Subsec. (b)(6). Pub. L. 104–208, § 623(b), amended par. (6) generally, substituting subpars. (A) to (D) for former subpars. (A) to (C) and introductory and concluding provisions, relating to confidentiality of information. Pub. L. 104–208, § 384(d)(1), substituted “Anyone who uses, publishes, or permits information to be examined in violation of this paragraph shall be subject to appropriate disciplinary action and subject to a civil money penalty of not more than $5,000 for each violation.” for “Anyone who uses, publishes, or permits information to be examined in violation of this paragraph shall be fined in accordance with title 18 or imprisoned not more than five years, or both.” in concluding provisions. Pub. L. 104–132, § 431(b)(2), inserted before “Anyone who uses” in concluding provisions “Notwithstanding the preceding sentence, the Attorney General may authorize an application to a Federal court of competent jurisdiction for, and a judge of such court may grant an order authorizing, disclosure of information contained in the application of the alien to be used for identification of the alien when there is reason to believe that the alien has been killed or severely incapacitated, or for criminal law enforcement purposes against the alien whose application is to be disclosed or to discover information leading to the location or identity of the alien.” Subsec. (e)(3)(A). Pub. L. 104–208, § 308(g)(2)(B), inserted “(as in effect before October 1, 1996)” after “section 1105a of this title”. Subsec. (f). Pub. L. 104–193 substituted “assistance under a State program funded under” for “aid under a State plan approved under” in two places. 1994—Subsec. (d)(3). Pub. L. 103–416, § 219(d), inserted “the” before first reference to “Service” in introductory provisions. Subsec. (d)(3)(B). Pub. L. 103–416, § 219(z)(7), made technical correction to Pub. L. 102–232, § 309(b)(6)(F). See 1991 Amendment note below. 1991—Subsec. (b)(7)(B). Pub. L. 102–232, § 307(j), substituted “section 1182(a)(6)(C)(i)” for “section 1182(a)(19)”. Subsec. (d)(3). Pub. L. 102–232, § 309(b)(6)(A)–(C), realigned margins of par. (3) and its subparagraphs, and in introductory provisions substituted “Service” for “the Immigration and Naturalization Service (INS)” and “Service” for “INS” in two places. Subsec. (d)(3)(A). Pub. L. 102–232, § 309(b)(6)(D), (E), substituted “period described in” for “period as defined in” and “Service” for “INS”, and made technical amendment to reference to this chapter involving corresponding provision of original act. Subsec. (d)(3)(B). Pub. L. 102–232, § 309(b)(6)(F), as amended by Pub. L. 103–416, § 219(z)(7), substituted “described in subsection (a)(1)(A)” for “as defined in subsection (a)(B)(1)(B)”. Pub. L. 102–232, § 309(b)(6)(G), made technical amendment to reference to subsection (b)(1)(A) of this section involving corresponding provision of original act. 1990—Subsec. (a)(3)(B)(i). Pub. L. 101–649, § 603(a)(5)(A), substituted “1182(a)(6)(C)(i)” for “1182(a)(19)”. Subsec. (c)(2)(A). Pub. L. 101–649, § 603(a)(5)(B), substituted “(5) and (7)(A)” for “(14), (20), (21), (25), and (32)”. Subsec. (c)(2)(B)(ii)(I). Pub. L. 101–649, § 603(a)(5)(C), substituted “Paragraphs (2)(A) and (2)(B)” for “Paragraph (9) and (10)”. Subsec. (c)(2)(B)(ii)(II). Pub. L. 101–649, § 603(a)(5)(D), substituted “(4)” for “(15)”. Subsec. (c)(2)(B)(ii)(III). Pub. L. 101–649, § 603(a)(5)(E), substituted “(2)(C)” for “(23)”. Subsec. (c)(2)(B)(ii)(IV). Pub. L. 101–649, § 603(a)(5)(F), substituted “Paragraph (3) (relating to security and related grounds), other than subparagraph (E) thereof” for “Paragraphs (27), (28), and (29) (relating to national security and members of certain organizations)”. Subsec. (c)(2)(B)(ii)(V). Pub. L. 101–649, § 603(a)(5)(G), struck out subcl. (V) which referred to par. (33). Subsec. (c)(2)(C). Pub. L. 101–649, § 603(a)(5)(H), substituted “1182(a)(4)” for “1182(a)(15)”. 1989—Subsec. (a)(3). Pub. L. 101–238, § 4(a), designated existing provisions as subpar. (A) and added subpar. (B). Subsec. (b)(6)(A). Pub. L. 101–238, § 4(b), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “use the information furnished pursuant to an application filed under this section for any purpose other than to make a determination on the application or for enforcement of paragraph (7),”. 1988—Subsec. (g). Pub. L. 100–525 substituted “subsections (a)(5) and (f)” for “subsections (b)(3) and (f)”. 1987—Subsec. (d)(3). Pub. L. 100–202 added par. (3).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1996 AmendmentsAmendment by section 308(g)(2)(B) 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. Pub. L. 104–208, div. C, title III, § 384(d)(2), Sept. 30, 1996, 110 Stat. 3009–653, provided that: “The amendments made by this subsection [amending this section and section 1255a of this title] shall apply to offenses occurring on or after the date of the enactment of this Act [Sept. 30, 1996].” Amendment by Pub. L. 104–193 effective July 1, 1997, with transition rules relating to State options to accelerate such date, rules relating to claims, actions, and proceedings commenced before such date, rules relating to closing out of accounts for terminated or substantially modified programs and continuance in office of Assistant Secretary for Family Support, and provisions relating to termination of entitlement under AFDC program, see section 116 of Pub. L. 104–193, as amended, set out as an Effective Date note under section 601 of Title 42, The Public Health and Welfare.
|
||||
|
||||
Effective Date of 1994 AmendmentPub. L. 103–416, title II, § 219(z), Oct. 25, 1994, 108 Stat. 4318, provided that the amendment made by subsec. (z)(7) of that section is effective as if included in the Miscellaneous and Technical Immigration and Naturalization Amendments of 1991, Pub. L. 102–232. Amendment by section 219(d) of Pub. L. 103–416 effective as if included in the enactment of the Immigration Act of 1990, Pub. L. 101–649, see section 219(dd) of Pub. L. 103–416, set out as a note under section 1101 of this title.
|
||||
|
||||
Effective Date of 1991 AmendmentPub. L. 102–232, title III, § 307(j), Dec. 12, 1991, 105 Stat. 1756, provided that the amendment made by section 307(j) is effective as if included in section 603(a)(5) of the Immigration Act of 1990, Pub. L. 101–649.
|
||||
|
||||
Effective Date of 1990 AmendmentAmendment by Pub. L. 101–649 applicable to applications for adjustment of status made on or after June 1, 1991, see section 601(e)(2) of Pub. L. 101–649, set out as a note under section 1101 of this title.
|
||||
|
||||
Effective Date of 1988 AmendmentAmendment by Pub. L. 100–525 effective as if included in enactment of Immigration Reform and Control Act of 1986, Pub. L. 99–603, see section 2(s) of Pub. L. 100–525, set out as a note under section 1101 of this title.
|
||||
|
||||
Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.
|
||||
|
||||
Commission on Agricultural WorkersPub. L. 99–603, title III, § 304, Nov. 6, 1986, 100 Stat. 3431, as amended by Pub. L. 101–649, title VII, § 704, Nov. 29, 1990, 104 Stat. 5086; Pub. L. 102–232, title III, § 308(c), Dec. 12, 1991, 105 Stat. 1757, established Commission on Agricultural Workers to evaluate special agricultural worker provisions and labor markets in agricultural industry, required Commission to report to Congress not later than six years after Nov. 6, 1986, on its reviews, and provided that Commission terminate at the end of the 75-month period beginning with the month after November 1986.
|
||||
@@ -0,0 +1,37 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 1161"
|
||||
description: "Repealed. Pub. L. 103–416, title II, § 219(ee)(1), Oct. 25, 1994, 108 Stat. 4319"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "12"
|
||||
chapter_name: "IMMIGRATION AND NATIONALITY"
|
||||
section: "1161"
|
||||
citation: "8 U.S.C. § 1161"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s1161"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "c3a0b810ed4679d711bbbdcd2801f020d19f9eb02952e596b7a502e9d59453c5"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "411402420b0219d6123adba206c8d600933baa39119f72c330ae9f0ceb4ee43b"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 1161 - Repealed. Pub. L. 103–416, title II, § 219(ee)(1), Oct. 25, 1994, 108 Stat. 4319
|
||||
|
||||
## Notes
|
||||
|
||||
Section, act June 27, 1952, ch. 477, title II, ch. 1, § 210A, as added Nov. 6, 1986, Pub. L. 99–603, title III, § 303(a), 100 Stat. 3422; amended Oct. 24, 1988, Pub. L. 100–525, § 2(n)(1), 102 Stat. 2613; Nov. 29, 1990, Pub. L. 101–649, title VI, § 603(a)(6), (b)(1), 104 Stat. 5083, 5085; Dec. 12, 1991, Pub. L. 102–232, title III, § 307(l)(2), 105 Stat. 1756, related to determination of agricultural labor shortages and admission of additional special agricultural workers.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of RepealPub. L. 103–416, title II, § 219(ee)(3), as added by Pub. L. 104–208, div. C, title VI, § 671(b)(10), Sept. 30, 1996, 110 Stat. 3009–722, provided that: “The amendments made by this subsection [repealing this section] shall take effect on the date of the enactment of this Act [Oct. 25, 1994].”
|
||||
@@ -0,0 +1,57 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 1181"
|
||||
description: "Admission of immigrants into the United States"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "12"
|
||||
chapter_name: "IMMIGRATION AND NATIONALITY"
|
||||
section: "1181"
|
||||
citation: "8 U.S.C. § 1181"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s1181"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "24e11e0b40abd74d1e4c5dc115d61aefa5dbe89dd61ff5f0c58457d14a0bf1a2"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "6886153d2089a9a12af484b68b787d57990233fcafd47d5405bbb014930ff0f0"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 1181 - Admission of immigrants into the United States
|
||||
|
||||
## Text
|
||||
|
||||
(a) Documents required; admission under quotas before June 30, 1968 Except as provided in subsection (b) and subsection (c) no immigrant shall be admitted into the United States unless at the time of application for admission he (1) has a valid unexpired immigrant visa or was born subsequent to the issuance of such visa of the accompanying parent, and (2) presents a valid unexpired passport or other suitable travel document, or document of identity and nationality, if such document is required under the regulations issued by the Attorney General. With respect to immigrants to be admitted under quotas of quota areas prior to June 30, 1968, no immigrant visa shall be deemed valid unless the immigrant is properly chargeable to the quota area under the quota of which the visa is issued.
|
||||
|
||||
(b) Readmission without required documents; Attorney General’s discretion Notwithstanding the provisions of section 1182(a)(7)(A) of this title in such cases or in such classes of cases and under such conditions as may be by regulations prescribed, returning resident immigrants, defined in section 1101(a)(27)(A) of this title, who are otherwise admissible may be readmitted to the United States by the Attorney General in his discretion without being required to obtain a passport, immigrant visa, reentry permit or other documentation.
|
||||
|
||||
(c) Nonapplicability to aliens admitted as refugees The provisions of subsection (a) shall not apply to an alien whom the Attorney General admits to the United States under section 1157 of this title.
|
||||
|
||||
(June 27, 1952, ch. 477, title II, ch. 2, § 211, 66 Stat. 181; Pub. L. 89–236, § 9, Oct. 3, 1965, 79 Stat. 917; Pub. L. 94–571, § 7(c), Oct. 20, 1976, 90 Stat. 2706; Pub. L. 96–212, title II, § 202, Mar. 17, 1980, 94 Stat. 106; Pub. L. 101–649, title VI, § 603(a)(7), Nov. 29, 1990, 104 Stat. 5083.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1990—Subsec. (b). Pub. L. 101–649 substituted “1182(a)(7)(A)” for “1182(a)(20)”. 1980—Subsec. (a). Pub. L. 96–212, § 202(1), inserted reference to subsection (c) of this section. Subsec. (c). Pub. L. 96–212, § 202(2), added subsec. (c). 1976—Subsec. (b). Pub. L. 94–571 substituted reference to section 1101 “(a)(27)(A)” of this title for “(a)(27)(B)”. 1965—Subsec. (a). Pub. L. 89–236 restated requirement of an unexpired visa and passport for every immigrant arriving in United States to conform to the changes with respect to the classification of immigrant visas. Subsec. (b). Pub. L. 89–236 substituted “returning resident immigrants, defined in section 1101(a)(27)(B) of this title, who are otherwise admissible”, for “otherwise admissible aliens lawfully admitted for permanent residence who depart from the United States temporarily”. Subsec. (c). Pub. L. 89–236 repealed subsec. (c) which gave Attorney General discretionary authority to admit aliens who arrive in United States with defective visas under specified conditions. Subsec. (d). Pub. L. 89–236 repealed subsec. (d) which imposed restrictions on exercise of Attorney General’s discretion to admit aliens arriving with defective visas. Subsec. (e). Pub. L. 89–236 repealed subsec. (e) which required every alien making application for admission as an immigrant to present the documents required under regulations issued by Attorney General.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1990 AmendmentAmendment by Pub. L. 101–649 applicable to individuals entering United States on or after June 1, 1991, see section 601(e)(1) of Pub. L. 101–649, set out as a note under section 1101 of this title.
|
||||
|
||||
Effective Date of 1980 AmendmentAmendment by Pub. L. 96–212 effective Mar. 17, 1980, and applicable to fiscal years beginning with the fiscal year beginning Oct. 1, 1979, see section 204 of Pub. L. 96–212, set out as a note under section 1101 of this title.
|
||||
|
||||
Effective Date of 1976 AmendmentAmendment 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 AmendmentFor 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.
|
||||
|
||||
Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.
|
||||
File diff suppressed because one or more lines are too long
@@ -0,0 +1,37 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 1182a to 1182c"
|
||||
description: "Repealed. Pub. L. 87–301, § 24(a)(1), (3), Sept. 26, 1961, 75 Stat. 657"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "12"
|
||||
chapter_name: "IMMIGRATION AND NATIONALITY"
|
||||
section: "1182a to 1182c"
|
||||
citation: "8 U.S.C. § 1182a to 1182c"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s1182a...1182c"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "976205d4fe9f331956ad2d98763331482ff9e76fd385781e8893f508d230f361"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "d3765845cc54f366003ccb3a74d12e3ccb7932b0da7c2068af321d1066d02083"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 1182a to 1182c - Repealed. Pub. L. 87–301, § 24(a)(1), (3), Sept. 26, 1961, 75 Stat. 657
|
||||
|
||||
## Notes
|
||||
|
||||
Section 1182a, act Sept. 3, 1954, ch. 1254, § 4, 68 Stat. 1145, related to admission of aliens who were either convicted, or who admitted the commission, of a misdemeanor.
|
||||
|
||||
Section 1182b, Pub. L. 85–316, § 5, Sept. 11, 1957, 71 Stat. 640, permitted admission of an alien spouse, child or parent excludable for crime involving moral turpitude in cases of hardship, when not contrary to national welfare or security, and with Attorney General’s consent, and under conditions and procedures prescribed by him. See section 1182(h) of this title.
|
||||
|
||||
Section 1182c, Pub. L. 85–316, § 6, Sept. 11, 1957, 71 Stat. 640; Pub. L. 86–253, § 1, Sept. 9, 1959, 73 Stat. 490, authorized admission of an alien spouse, child, or parent of a United States citizen afflicted with tuberculosis under terms, conditions and controls prescribed by Attorney General. See section 1182(g) of this title.
|
||||
@@ -0,0 +1,57 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 1182d"
|
||||
description: "Denial of visas to confiscators of American property"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "12"
|
||||
chapter_name: "IMMIGRATION AND NATIONALITY"
|
||||
section: "1182d"
|
||||
citation: "8 U.S.C. § 1182d"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s1182d"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "3cd3819989cd190b83141e997d7f53423f6b6b6ef12299ab17819ac38ad9cf81"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "53b2b17402fb95eb39d869805bb87a48e640a4845d2981b651535d0a7c727e1b"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 1182d - Denial of visas to confiscators of American property
|
||||
|
||||
## Text
|
||||
|
||||
(a) Denial of visas Except as otherwise provided in section 6091 of title 22, and subject to subsection (b), the Secretary of State may deny the issuance of a visa to any alien who—
|
||||
|
||||
(1) through the abuse of position, including a governmental or political party position, converts or has converted for personal gain real property that has been confiscated or expropriated, a claim to which is owned by a national of the United States, or who is complicit in such a conversion; or
|
||||
|
||||
(2) induces any of the actions or omissions described in paragraph (1) by any person.
|
||||
|
||||
(b) Exceptions Subsection (a) shall not apply to—
|
||||
|
||||
(1) any country established by international mandate through the United Nations; or
|
||||
|
||||
(2) any territory recognized by the United States Government to be in dispute.
|
||||
|
||||
(c) Reporting requirement Not later than 6 months after October 21, 1998, and every 12 months thereafter, the Secretary of State shall submit to the Speaker of the House of Representatives and to the chairman of the Committee on Foreign Relations of the Senate a report, including—
|
||||
|
||||
(1) a list of aliens who have been denied a visa under this subsection; and
|
||||
|
||||
(2) a list of aliens who could have been denied a visa under subsection (a) but were issued a visa and an explanation as to why each such visa was issued.
|
||||
|
||||
(Pub. L. 105–277, div. G, subdiv. B, title XXII, § 2225, Oct. 21, 1998, 112 Stat. 2681–819.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Codification Section was enacted as part of the Foreign Relations Authorization Act, Fiscal Years 1998 and 1999, and also as part of the Foreign Affairs Reform and Restructuring Act of 1998, and the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999, and not as part of the Immigration and Nationality Act which comprises this chapter.
|
||||
@@ -0,0 +1,53 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 1182e"
|
||||
description: "Denial of entry into United States of foreign nationals engaged in establishment or enforcement of forced abortion or sterilization policy"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "12"
|
||||
chapter_name: "IMMIGRATION AND NATIONALITY"
|
||||
section: "1182e"
|
||||
citation: "8 U.S.C. § 1182e"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s1182e"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "dc625a55c94130a6f8b5b934db72fd75988a8051dd0837370035220ab09e5bc3"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "ca226520e61c7ee64f214b34f258763ae76a20f6b0d4da2ab035507a0c4f8ff9"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 1182e - Denial of entry into United States of foreign nationals engaged in establishment or enforcement of forced abortion or sterilization policy
|
||||
|
||||
## Text
|
||||
|
||||
(a) Denial of entry Notwithstanding any other provision of law, the Secretary of State may not issue any visa to, and the Attorney General may not admit to the United States, any foreign national whom the Secretary finds, based on credible and specific information, to have been directly involved in the establishment or enforcement of population control policies forcing a woman to undergo an abortion against her free choice or forcing a man or woman to undergo sterilization against his or her free choice, unless the Secretary has substantial grounds for believing that the foreign national has discontinued his or her involvement with, and support for, such policies.
|
||||
|
||||
(b) Exceptions The prohibitions in subsection (a) shall not apply in the case of a foreign national who is a head of state, head of government, or cabinet level minister.
|
||||
|
||||
(c) Waiver The Secretary of State may waive the prohibitions in subsection (a) with respect to a foreign national if the Secretary—
|
||||
|
||||
(1) determines that it is important to the national interest of the United States to do so; and
|
||||
|
||||
(2) provides written notification to the appropriate congressional committees containing a justification for the waiver.
|
||||
|
||||
(Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title VIII, § 801], Nov. 29, 1999, 113 Stat. 1536, 1501A–468.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Codification Section was enacted as part of the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001, and not as part of the Immigration and Nationality Act which comprises this chapter.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.
|
||||
@@ -0,0 +1,53 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 1182f"
|
||||
description: "Denial of entry into United States of Chinese and other nationals engaged in coerced organ or bodily tissue transplantation"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "12"
|
||||
chapter_name: "IMMIGRATION AND NATIONALITY"
|
||||
section: "1182f"
|
||||
citation: "8 U.S.C. § 1182f"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s1182f"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "4cd0618e6e3dd4f4bc9924624b9e225ba56f2ee399fa15c17e7aece2d8e4dc71"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "18caec21bfd04f2ee89ee69c4006ff1dbafdec45093dfe72627443d8f8951754"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 1182f - Denial of entry into United States of Chinese and other nationals engaged in coerced organ or bodily tissue transplantation
|
||||
|
||||
## Text
|
||||
|
||||
(a) Denial of entry Notwithstanding any other provision of law and except as provided in subsection (b), the Secretary shall direct consular officers not to issue a visa to any person whom the Secretary finds, based on credible and specific information, to have been directly involved with the coercive transplantation of human organs or bodily tissue, unless the Secretary has substantial grounds for believing that the foreign national has discontinued his or her involvement with, and support for, such practices.
|
||||
|
||||
(b) Exception The prohibitions in subsection (a) do not apply to an applicant who is a head of state, head of government, or cabinet-level minister.
|
||||
|
||||
(c) Waiver The Secretary may waive the prohibitions in subsection (a) with respect to a foreign national if the Secretary—
|
||||
|
||||
(1) determines that it is important to the national interest of the United States to do so; and
|
||||
|
||||
(2) not later than 30 days after the issuance of a visa, provides written notification to the appropriate congressional committees containing a justification for the waiver.
|
||||
|
||||
(Pub. L. 107–228, div. A, title II, § 232, Sept. 30, 2002, 116 Stat. 1372.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Codification Section was enacted as part of the Department of State Authorization Act, Fiscal Year 2003, and also as part of the Foreign Relations Authorization Act, Fiscal Year 2003, and not as part of the Immigration and Nationality Act which comprises this chapter.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Definitions For definitions of “Secretary” and “appropriate congressional committees” as used in this section, see section 3 of Pub. L. 107–228, set out as a note under section 2651 of Title 22, Foreign Relations and Intercourse.
|
||||
@@ -0,0 +1,49 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 1183"
|
||||
description: "Admission of aliens on giving bond or undertaking; return upon permanent departure"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "12"
|
||||
chapter_name: "IMMIGRATION AND NATIONALITY"
|
||||
section: "1183"
|
||||
citation: "8 U.S.C. § 1183"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s1183"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "f1c8b6cf50c8b7ec98c5975b769265515cda14b25b616486d925b8f5a9a64333"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "d496e52254ba05a31c0d8026ace56a54a505468b81a679477d9452a471fd776e"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 1183 - Admission of aliens on giving bond or undertaking; return upon permanent departure
|
||||
|
||||
## Text
|
||||
|
||||
An alien inadmissible under paragraph (4) of section 1182(a) of this title may, if otherwise admissible, be admitted in the discretion of the Attorney General (subject to the affidavit of support requirement and attribution of sponsor’s income and resources under section 1183a of this title) upon the giving of a suitable and proper bond or undertaking approved by the Attorney General, in such amount and containing such conditions as he may prescribe, to the United States, and to all States, territories, counties, towns, municipalities, and districts thereof holding the United States and all States, territories, counties, towns, municipalities, and districts thereof harmless against such alien becoming a public charge. Such bond or undertaking shall terminate upon the permanent departure from the United States, the naturalization, or the death of such alien, and any sums or other security held to secure performance thereof, except to the extent forfeited for violation of the terms thereof, shall be returned to the person by whom furnished, or to his legal representatives. Suit may be brought thereon in the name and by the proper law officers of the United States for the use of the United States, or of any State, territory, district, county, town, or municipality in which such alien becomes a public charge, irrespective of whether a demand for payment of public expenses has been made.
|
||||
|
||||
(June 27, 1952, ch. 477, title II, ch. 2, § 213, 66 Stat. 188; Pub. L. 91–313, § 1, July 10, 1970, 84 Stat. 413; Pub. L. 101–649, title VI, § 603(a)(8), Nov. 29, 1990, 104 Stat. 5083; Pub. L. 104–208, div. C, title III, § 308(d)(3)(A), title V, § 564(f), Sept. 30, 1996, 110 Stat. 3009–617, 3009–684.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1996—Pub. L. 104–208, § 564(f), inserted “(subject to the affidavit of support requirement and attribution of sponsor’s income and resources under section 1183a of this title)” after “in the discretion of the Attorney General”. Pub. L. 104–208, § 308(d)(3)(A), substituted “inadmissible” for “excludable”. 1990—Pub. L. 101–649 substituted “(4)” for “(7) or (15)” and inserted before period at end “, irrespective of whether a demand for payment of public expenses has been made” after “becomes a public charge”. 1970—Pub. L. 91–313 substituted provisions admitting, under the specified conditions, an alien excludable under pars. (7) or (15) of section 1182(a) of this title, for provisions admitting, under the specified conditions, any alien excludable because of the likelihood of becoming a public charge or because of physical disability other than tuberculosis in any form, leprosy, or a dangerous contagious disease, and struck out provisions authorizing a cash deposit with the Attorney General in lieu of a bond, such amount to be deposited in the United States Postal Savings System, and provisions that the admission of the alien be consideration for the giving of the bond, undertaking, or cash deposit.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1996 AmendmentAmendment by section 308(d)(3)(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. Amendment by section 564(f) of Pub. L. 104–208 effective Sept. 30, 1996, see section 591 of Pub. L. 104–208, set out as a note under section 1101 of this title.
|
||||
|
||||
Effective Date of 1990 AmendmentAmendment by Pub. L. 101–649 applicable to individuals entering United States on or after June 1, 1991, see section 601(e)(1) of Pub. L. 101–649, set out as a note under section 1101 of this title.
|
||||
|
||||
Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.
|
||||
@@ -0,0 +1,161 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 1183a"
|
||||
description: "Requirements for sponsor’s affidavit of support"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "12"
|
||||
chapter_name: "IMMIGRATION AND NATIONALITY"
|
||||
section: "1183a"
|
||||
citation: "8 U.S.C. § 1183a"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s1183a"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "1f067e11d4d778b068709589c7e63acfa7427de770fbefb42fdc954e9ad5ca11"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "7c8f32415a1272f3b193974e7abd1fabd24365eae6c9b77898c042b172388782"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 1183a - Requirements for sponsor’s affidavit of support
|
||||
|
||||
## Text
|
||||
|
||||
(a) Enforceability (1) Terms of affidavit No affidavit of support may be accepted by the Attorney General or by any consular officer to establish that an alien is not excludable as a public charge under section 1182(a)(4) of this title unless such affidavit is executed by a sponsor of the alien as a contract—
|
||||
|
||||
(A) in which the sponsor agrees to provide support to maintain the sponsored alien at an annual income that is not less than 125 percent of the Federal poverty line during the period in which the affidavit is enforceable;
|
||||
|
||||
(B) that is legally enforceable against the sponsor by the sponsored alien, the Federal Government, any State (or any political subdivision of such State), or by any other entity that provides any means-tested public benefit (as defined in subsection (e) 11 See References in Text note below.), consistent with the provisions of this section; and
|
||||
|
||||
(C) in which the sponsor agrees to submit to the jurisdiction of any Federal or State court for the purpose of actions brought under subsection (b)(2).
|
||||
|
||||
(2) Period of enforceability An affidavit of support shall be enforceable with respect to benefits provided for an alien before the date the alien is naturalized as a citizen of the United States, or, if earlier, the termination date provided under paragraph (3).
|
||||
|
||||
(3) Termination of period of enforceability upon completion of required period of employment, etc. (A) In general An affidavit of support is not enforceable after such time as the alien (i) has worked 40 qualifying quarters of coverage as defined under title II of the Social Security Act [42 U.S.C. 401 et seq.] or can be credited with such qualifying quarters as provided under subparagraph (B), and (ii) in the case of any such qualifying quarter creditable for any period beginning after December 31, 1996, did not receive any Federal means-tested public benefit (as provided under section 1613 of this title) during any such period.
|
||||
|
||||
(B) Qualifying quarters For purposes of this section, in determining the number of qualifying quarters of coverage under title II of the Social Security Act [42 U.S.C. 401 et seq.] an alien shall be credited with—
|
||||
|
||||
(i) all of the qualifying quarters of coverage as defined under title II of the Social Security Act worked by a parent of such alien while the alien was under age 18, and
|
||||
|
||||
(ii) all of the qualifying quarters worked by a spouse of such alien during their marriage and the alien remains married to such spouse or such spouse is deceased.
|
||||
|
||||
No such qualifying quarter of coverage that is creditable under title II of the Social Security Act for any period beginning after December 31, 1996, may be credited to an alien under clause (i) or (ii) if the parent or spouse (as the case may be) of such alien received any Federal means-tested public benefit (as provided under section 1613 of this title) during the period for which such qualifying quarter of coverage is so credited.
|
||||
|
||||
(C) Provision of information to save system The Attorney General shall ensure that appropriate information regarding the application of this paragraph is provided to the system for alien verification of eligibility (SAVE) described in section 1137(d)(3) of the Social Security Act [42 U.S.C. 1320b–7(d)(3)].
|
||||
|
||||
(b) Reimbursement of government expenses (1) Request for reimbursement (A) Requirement Upon notification that a sponsored alien has received any means-tested public benefit, the appropriate nongovernmental entity which provided such benefit or the appropriate entity of the Federal Government, a State, or any political subdivision of a State shall request reimbursement by the sponsor in an amount which is equal to the unreimbursed costs of such benefit.
|
||||
|
||||
(B) Regulations The Attorney General, in consultation with the heads of other appropriate Federal agencies, shall prescribe such regulations as may be necessary to carry out subparagraph (A).
|
||||
|
||||
(2) Actions to compel reimbursement (A) In case of nonresponse If within 45 days after a request for reimbursement under paragraph (1)(A), the appropriate entity has not received a response from the sponsor indicating a willingness to commence payment an action may be brought against the sponsor pursuant to the affidavit of support.
|
||||
|
||||
(B) In case of failure to pay If the sponsor fails to abide by the repayment terms established by the appropriate entity, the entity may bring an action against the sponsor pursuant to the affidavit of support.
|
||||
|
||||
(C) Limitation on actions No cause of action may be brought under this paragraph later than 10 years after the date on which the sponsored alien last received any means-tested public benefit to which the affidavit of support applies.
|
||||
|
||||
(3) Use of collection agencies If the appropriate entity under paragraph (1)(A) requests reimbursement from the sponsor or brings an action against the sponsor pursuant to the affidavit of support, the appropriate entity may appoint or hire an individual or other person to act on behalf of such entity acting under the authority of law for purposes of collecting any amounts owed.
|
||||
|
||||
(c) Remedies Remedies available to enforce an affidavit of support under this section include any or all of the remedies described in section 3201, 3203, 3204, or 3205 of title 28, as well as an order for specific performance and payment of legal fees and other costs of collection, and include corresponding remedies available under State law. A Federal agency may seek to collect amounts owed under this section in accordance with the provisions of subchapter II of chapter 37 of title 31.
|
||||
|
||||
(d) Notification of change of address (1) General requirement The sponsor shall notify the Attorney General and the State in which the sponsored alien is currently a resident within 30 days of any change of address of the sponsor during the period in which an affidavit of support is enforceable.
|
||||
|
||||
(2) Penalty Any person subject to the requirement of paragraph (1) who fails to satisfy such requirement shall, after notice and opportunity to be heard, be subject to a civil penalty of—
|
||||
|
||||
(A) not less than $250 or more than $2,000, or
|
||||
|
||||
(B) if such failure occurs with knowledge that the sponsored alien has received any means-tested public benefits (other than benefits described in section 1611(b), 1613(c)(2), or 1621(b) of this title) not less than $2,000 or more than $5,000.
|
||||
|
||||
The Attorney General shall enforce this paragraph under appropriate regulations.
|
||||
|
||||
(e) Jurisdiction An action to enforce an affidavit of support executed under subsection (a) may be brought against the sponsor in any appropriate court—
|
||||
|
||||
(1) by a sponsored alien, with respect to financial support; or
|
||||
|
||||
(2) by the appropriate entity of the Federal Government, a State or any political subdivision of a State, or by any other nongovernmental entity under subsection (b)(2), with respect to reimbursement.
|
||||
|
||||
(f) “Sponsor” defined (1) In general For purposes of this section the term “sponsor” in relation to a sponsored alien means an individual who executes an affidavit of support with respect to the sponsored alien and who—
|
||||
|
||||
(A) is a citizen or national of the United States or an alien who is lawfully admitted to the United States for permanent residence;
|
||||
|
||||
(B) is at least 18 years of age;
|
||||
|
||||
(C) is domiciled in any of the several States of the United States, the District of Columbia, or any territory or possession of the United States;
|
||||
|
||||
(D) is petitioning for the admission of the alien under section 1154 of this title; and
|
||||
|
||||
(E) demonstrates (as provided in paragraph (6)) the means to maintain an annual income equal to at least 125 percent of the Federal poverty line.
|
||||
|
||||
(2) Income requirement case Such term also includes an individual who does not meet the requirement of paragraph (1)(E) but accepts joint and several liability together with an individual under paragraph (5)(A).
|
||||
|
||||
(3) Active duty armed services case Such term also includes an individual who does not meet the requirement of paragraph (1)(E) but is on active duty (other than active duty for training) in the Armed Forces of the United States, is petitioning for the admission of the alien under section 1154 of this title as the spouse or child of the individual, and demonstrates (as provided in paragraph (6)) the means to maintain an annual income equal to at least 100 percent of the Federal poverty line.
|
||||
|
||||
(4) Certain employment-based immigrants case Such term also includes an individual—
|
||||
|
||||
(A) who does not meet the requirement of paragraph (1)(D), but is the relative of the sponsored alien who filed a classification petition for the sponsored alien as an employment-based immigrant under section 1153(b) of this title or who has a significant ownership interest in the entity that filed such a petition; and
|
||||
|
||||
(B) (i) who demonstrates (as provided under paragraph (6)) the means to maintain an annual income equal to at least 125 percent of the Federal poverty line, or
|
||||
|
||||
(ii) does not meet the requirement of paragraph (1)(E) but accepts joint and several liability together with an individual under paragraph (5)(A).
|
||||
|
||||
(5) Non-petitioning cases Such term also includes an individual who does not meet the requirement of paragraph (1)(D) but who—
|
||||
|
||||
(A) accepts joint and several liability with a petitioning sponsor under paragraph (2) or relative of an employment-based immigrant under paragraph (4) and who demonstrates (as provided under paragraph (6)) the means to maintain an annual income equal to at least 125 percent of the Federal poverty line; or
|
||||
|
||||
(B) is a spouse, parent, mother-in-law, father-in-law, sibling, child (if at least 18 years of age), son, daughter, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, or grandchild of a sponsored alien or a legal guardian of a sponsored alien, meets the requirements of paragraph (1) (other than subparagraph (D)), and executes an affidavit of support with respect to such alien in a case in which—
|
||||
|
||||
(i) the individual petitioning under section 1154 of this title for the classification of such alien died after the approval of such petition, and the Secretary of Homeland Security has determined for humanitarian reasons that revocation of such petition under section 1155 of this title would be inappropriate; or
|
||||
|
||||
(ii) the alien’s petition is being adjudicated pursuant to section 1154(l) of this title (surviving relative consideration).
|
||||
|
||||
(6) Demonstration of means to maintain income (A) In general (i) Method of demonstration For purposes of this section, a demonstration of the means to maintain income shall include provision of a certified copy of the individual’s Federal income tax return for the individual’s 3 most recent taxable years and a written statement, executed under oath or as permitted under penalty of perjury under section 1746 of title 28, that the copies are certified copies of such returns.
|
||||
|
||||
(ii) Flexibility For purposes of this section, aliens may demonstrate the means to maintain income through demonstration of significant assets of the sponsored alien or of the sponsor, if such assets are available for the support of the sponsored alien.
|
||||
|
||||
(iii) Percent of poverty For purposes of this section, a reference to an annual income equal to at least a particular percentage of the Federal poverty line means an annual income equal to at least such percentage of the Federal poverty line for a family unit of a size equal to the number of members of the sponsor’s household (including family and non-family dependents) plus the total number of other dependents and aliens sponsored by that sponsor.
|
||||
|
||||
(B) Limitation The Secretary of State, or the Attorney General in the case of adjustment of status, may provide that the demonstration under subparagraph (A) applies only to the most recent taxable year.
|
||||
|
||||
(h) 22 So in original. Section enacted without a subsec. (g). “Federal poverty line” defined For purposes of this section, the term “Federal poverty line” means the level of income equal to the official poverty line (as defined by the Director of the Office of Management and Budget, as revised annually by the Secretary of Health and Human Services, in accordance with section 9902(2) of title 42) that is applicable to a family of the size involved.
|
||||
|
||||
(i) Sponsor’s social security account number required to be provided (1) An affidavit of support shall include the social security account number of each sponsor.
|
||||
|
||||
(2) The Attorney General shall develop an automated system to maintain the social security account number data provided under paragraph (1).
|
||||
|
||||
(3) The Attorney General shall submit an annual report to the Committees on the Judiciary of the House of Representatives and the Senate setting forth—
|
||||
|
||||
(A) for the most recent fiscal year for which data are available the number of sponsors under this section and the number of sponsors in compliance with the financial obligations of this section; and
|
||||
|
||||
(B) a comparison of such numbers with the numbers of such sponsors for the preceding fiscal year.
|
||||
|
||||
(June 27, 1952, ch. 477, title II, ch. 2, § 213A, as added Pub. L. 104–193, title IV, § 423(a), Aug. 22, 1996, 110 Stat. 2271; amended Pub. L. 104–208, div. C, title V, § 551(a), Sept. 30, 1996, 110 Stat. 3009–675; Pub. L. 107–150, § 2(a)(1), (3), Mar. 13, 2002, 116 Stat. 74, 75; Pub. L. 111–83, title V, § 568(e), Oct. 28, 2009, 123 Stat. 2187.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextSubsection (e), referred to in subsec. (a)(1)(B), does not define “means-tested public benefit”. The Social Security Act, referred to in subsec. (a)(3)(A), (B), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title II of the Act is classified generally to subchapter II (§ 401 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
|
||||
|
||||
Amendments2009—Subsec. (f)(5)(B)(i), (ii). Pub. L. 111–83, added cls. (i) and (ii) and struck out former cls. (i) and (ii), which read as follows: “(i) the individual petitioning under section 1154 of this title for the classification of such alien died after the approval of such petition; and “(ii) the Attorney General has determined for humanitarian reasons that revocation of such petition under section 1155 of this title would be inappropriate.” 2002—Subsec. (f)(2), (4)(B)(ii). Pub. L. 107–150, § 2(a)(3), substituted “paragraph (5)(A)” for “paragraph (5)”. Subsec. (f)(5). Pub. L. 107–150, § 2(a)(1), amended heading and text of par. (5) generally. Prior to amendment, text read as follows: “Such term also includes an individual who does not meet the requirement of paragraph (1)(D) but who accepts joint and several liability with a petitioning sponsor under paragraph (2) or relative of an employment-based immigrant under paragraph (4) and who demonstrates (as provided under paragraph (6)) the means to maintain an annual income equal to at least 125 percent of the Federal poverty line.” 1996—Pub. L. 104–208 amended section generally, substituting subsecs. (a) to (i) for former subsecs. (a) to (f) relating to requirements for sponsor’s affidavits of support.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2002 AmendmentAmendment by Pub. L. 107–150 applicable with respect to deaths occurring before, on, or after Mar. 13, 2002, except that, in case of death occurring before such date, such amendments shall apply only if (1) the sponsored alien requests Attorney General to reinstate the classification petition that was filed with respect to the alien by deceased and approved under section 1154 of this title before such death and demonstrates that he or she is able to satisfy requirement of section 1182(a)(4)(C)(ii) of this title by reason of such amendments; and (2) Attorney General reinstates such petition after making the determination described in subsec. (f)(5)(B)(ii) of this section, see section 2(b) of Pub. L. 107–150, set out as a note under section 1182 of this title.
|
||||
|
||||
Effective Date of 1996 Amendments; Promulgation of FormPub. L. 104–208, div. C, title V, § 551(c), Sept. 30, 1996, 110 Stat. 3009–679, provided that: “(1) In general.—The amendments made by this section [enacting this section, amending sections 1631 and 1632 of this title, and repealing provisions set out as a note under this section] shall apply to affidavits of support executed on or after a date specified by the Attorney General, which date shall be not earlier than 60 days (and not later than 90 days) after the date the Attorney General formulates the form for such affidavits under paragraph (2). “(2) Promulgation of form.—Not later than 90 days after the date of the enactment of this Act [Sept. 30, 1996], the Attorney General, in consultation with the heads of other appropriate agencies, shall promulgate a standard form for an affidavit of support consistent with the provisions of section 213A of the Immigration and Nationality Act [this section], as amended by subsection (a).” Pub. L. 104–193, title IV, § 423(c), Aug. 22, 1996, 110 Stat. 2273, provided that subsec. (a) of this section was applicable to affidavits of support executed on or after a date specified by Attorney General, which date was to be not earlier than 60 days (and not later than 90 days) after date Attorney General formulated form for such affidavits under subsec. (b) of this section, prior to repeal by Pub. L. 104–208, div. C, title V, § 551(b)(2), Sept. 30, 1996, 104 Stat. 3009–679.
|
||||
|
||||
Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.
|
||||
|
||||
Fees Relating to Affidavits of SupportPub. L. 106–113, div. B, § 1000(a)(7) [div. A, title II, § 232], Nov. 29, 1999, 113 Stat. 1536, 1501A–425, as amended by Pub. L. 107–228, div. A, title II, § 211(b), Sept. 30, 2002, 116 Stat. 1365; Pub. L. 115–31, div. J, title VII, § 7081(e), May 5, 2017, 131 Stat. 716, provided that: “(a) Authority To Charge Fee.—The Secretary of State may charge and retain a fee or surcharge for services provided by the Department of State to any sponsor who provides an affidavit of support under section 213A of the Immigration and Nationality Act (8 U.S.C. 1183a) to ensure that such affidavit is properly completed before it is forwarded to a consular post for adjudication by a consular officer in connection with the adjudication of an immigrant visa. Such fee or surcharge shall be in addition to and separate from any fee imposed for immigrant visa application processing and issuance, and shall recover only the costs of such services not recovered by such fee. “(b) Limitation.—Any fee established under subsection (a) shall be charged only once to a sponsor or joint sponsors who file essentially duplicative affidavits of support in connection with separate immigrant visa applications from the spouse and children of any petitioner required by the Immigration and Nationality Act [8 U.S.C. 1101 et seq.] to petition separately for such persons. “(c) Treatment of Fees.—Fees collected under the authority of subsection (a) shall be deposited in the Consular and Border Security Programs account to recover the cost of providing consular services. Such fees shall remain available for obligation until expended.”
|
||||
|
||||
Pilot Programs To Require BondingPub. L. 104–208, div. C, title V, § 564, Sept. 30, 1996, 110 Stat. 3009–683, directed the Attorney General to establish a pilot program in 5 district offices of the Immigration and Naturalization Service, to terminate after 3 years of operation, requiring aliens to post a bond in addition to the affidavit of support requirements under this section and the deeming requirements under section 1631 of this title.
|
||||
|
||||
Benefits Not Subject to ReimbursementPub. L. 104–193, title IV, § 423(d), Aug. 22, 1996, 110 Stat. 2273, as amended by Pub. L. 105–277, div. A, § 101(f) [title VIII, § 405(d)(3)(B), (f)(3)(B)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–419, 2681–430; Pub. L. 106–78, title VII, § 752(b)(6), Oct. 22, 1999, 113 Stat. 1169, provided that: “Requirements for reimbursement by a sponsor for benefits provided to a sponsored alien pursuant to an affidavit of support under section 213A of the Immigration and Nationality Act [8 U.S.C. 1183a] shall not apply with respect to the following: “(1) Medical assistance described in section 401(b)(1)(A) [8 U.S.C. 1611(b)(1)(A)] or assistance described in section 411(b)(1) [8 U.S.C. 1621(b)(1)]. “(2) Short-term, non-cash, in-kind emergency disaster relief. “(3) Assistance or benefits under the Richard B. Russell National School Lunch Act [42 U.S.C. 1751 et seq.]. “(4) Assistance or benefits under the Child Nutrition Act of 1966 [42 U.S.C. 1771 et seq.]. “(5) Public health assistance for immunizations (not including any assistance under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.]) with respect to immunizable diseases and for testing and treatment of symptoms of communicable diseases whether or not such symptoms are caused by a communicable disease. “(6) Payments for foster care and adoption assistance under parts B and E of title IV of the Social Security Act [42 U.S.C. 620 et seq., 670 et seq.] for a parent or a child, but only if the foster or adoptive parent (or parents) of such child is a qualified alien (as defined in section 431 [8 U.S.C. 1641]). “(7) Programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter) specified by the Attorney General, in the Attorney General’s sole and unreviewable discretion after consultation with appropriate Federal agencies and departments, which (A) deliver in-kind services at the community level, including through public or private nonprofit agencies; (B) do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the individual recipient’s income or resources; and (C) are necessary for the protection of life or safety. “(8) Programs of student assistance under titles IV, V, IX, and X of the Higher Education Act of 1965 [20 U.S.C. 1070 et seq., 1101 et seq., 1134 et seq., 1135 et seq.], and titles III, VII, and VIII of the Public Health Service Act [42 U.S.C. 241 et seq., 292 et seq., 296 et seq.]. “(9) Benefits under the Head Start Act [42 U.S.C. 9831 et seq.]. “(10) Means-tested programs under the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6301 et seq.]. “(11) Benefits under the [sic] title I of the Workforce Investment Act of 1998 [former 29 U.S.C. 2801 et seq.].”
|
||||
File diff suppressed because one or more lines are too long
@@ -0,0 +1,43 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 1184a"
|
||||
description: "Philippine Traders as nonimmigrants"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "12"
|
||||
chapter_name: "IMMIGRATION AND NATIONALITY"
|
||||
section: "1184a"
|
||||
citation: "8 U.S.C. § 1184a"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s1184a"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "c3d2763b21afc796b501e28640a7cf435412fe6e8d8701682933c171a7f23255"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "08555c23245d11b2625993e3df587eb89a82b92696235172464f689900086e38"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 1184a - Philippine Traders as nonimmigrants
|
||||
|
||||
## Text
|
||||
|
||||
Upon a basis of reciprocity secured by agreement entered into by the President of the United States and the President of the Philippines, a national of the Philippines, and the spouse and children of any such national if accompanying or following to join him, may, if otherwise eligible for a visa and if otherwise admissible into the United States under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.] (66 Stat. 163), be considered to be classifiable as a nonimmigrant under section 101(a)(15)(E) of said Act if entering solely for the purposes specified in subsection (i) or (ii) of said section.
|
||||
|
||||
(June 18, 1954, ch. 323, 68 Stat. 264.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe Immigration and Nationality Act, referred to in text, is act June 27, 1952, ch. 477, 66 Stat. 163, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables.
|
||||
|
||||
Codification Section was not enacted as a part of the Immigration and Nationality Act which comprises this chapter.
|
||||
File diff suppressed because one or more lines are too long
@@ -0,0 +1,35 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 1186"
|
||||
description: "Transferred"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "12"
|
||||
chapter_name: "IMMIGRATION AND NATIONALITY"
|
||||
section: "1186"
|
||||
citation: "8 U.S.C. § 1186"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s1186"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "79079c64edb86c4173bce1d5562fa5640a063b84293852b88c0b030fa6907922"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "72ba3332e33a0514dd8f36dfbec14f3a51d9bde4f62a6e0b1f97c4d0c112625e"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 1186 - Transferred
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Codification Section, act June 27, 1952, ch. 477, title II, ch. 2, § 216, as added Nov. 6, 1986, Pub. L. 99–603, title III, § 301(c), 100 Stat. 3411, which related to admission of temporary H–2A workers, was renumbered § 218 by Pub. L. 100–525, § 2(l)(2), Oct. 24, 1988, 102 Stat. 2612, and transferred to section 1188 of this title.
|
||||
@@ -0,0 +1,177 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 1186a"
|
||||
description: "Conditional permanent resident status for certain alien spouses and sons and daughters"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "12"
|
||||
chapter_name: "IMMIGRATION AND NATIONALITY"
|
||||
section: "1186a"
|
||||
citation: "8 U.S.C. § 1186a"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s1186a"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "27c98e411bd2d9d1ddc2647094f797f5264a516a91dcd20285496e291017c4ac"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "f729bff17010102f87ad904e493cc7fa88dac7c026608c942c6244d8ef612aae"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 1186a - Conditional permanent resident status for certain alien spouses and sons and daughters
|
||||
|
||||
## Text
|
||||
|
||||
(a) In general (1) Conditional basis for status Notwithstanding any other provision of this chapter, an alien spouse (as defined in subsection (h)(1)) and an alien son or daughter (as defined in subsection (h)(2)) shall be considered, at the time of obtaining the status of an alien lawfully admitted for permanent residence, to have obtained such status on a conditional basis subject to the provisions of this section.
|
||||
|
||||
(2) Notice of requirements (A) At time of obtaining permanent residence At the time an alien spouse or alien son or daughter obtains permanent resident status on a conditional basis under paragraph (1), the Secretary of Homeland Security shall provide for notice to such a spouse, son, or daughter respecting the provisions of this section and the requirements of subsection (c)(1) to have the conditional basis of such status removed.
|
||||
|
||||
(B) At time of required petition In addition, the Secretary of Homeland Security shall attempt to provide notice to such a spouse, son, or daughter, at or about the beginning of the 90-day period described in subsection (d)(2)(A), of the requirements of subsections 11 So in original. Probably should be “subsection”. (c)(1).
|
||||
|
||||
(C) Effect of failure to provide notice The failure of the Secretary of Homeland Security to provide a notice under this paragraph shall not affect the enforcement of the provisions of this section with respect to such a spouse, son, or daughter.
|
||||
|
||||
(b) Termination of status if finding that qualifying marriage improper (1) In general In the case of an alien with permanent resident status on a conditional basis under subsection (a), if the Secretary of Homeland Security determines, before the second anniversary of the alien’s obtaining the status of lawful admission for permanent residence, that—
|
||||
|
||||
(A) the qualifying marriage—
|
||||
|
||||
(i) was entered into for the purpose of procuring an alien’s admission as an immigrant, or
|
||||
|
||||
(ii) has been judicially annulled or terminated, other than through the death of a spouse; or
|
||||
|
||||
(B) a fee or other consideration was given (other than a fee or other consideration to an attorney for assistance in preparation of a lawful petition) for the filing of a petition under section 1154(a) of this title or subsection (d) or (p) of section 1184 of this title with respect to the alien;
|
||||
|
||||
the Secretary of Homeland Security shall so notify the parties involved and, subject to paragraph (2), shall terminate the permanent resident status of the alien (or aliens) involved as of the date of the determination.
|
||||
|
||||
(2) Hearing in removal proceeding Any alien whose permanent resident status is terminated under paragraph (1) may request a review of such determination in a proceeding to remove the alien. In such proceeding, the burden of proof shall be on the Secretary of Homeland Security to establish, by a preponderance of the evidence, that a condition described in paragraph (1) is met.
|
||||
|
||||
(c) Requirements of timely petition and interview for removal of condition (1) In general In order for the conditional basis established under subsection (a) for an alien spouse or an alien son or daughter to be removed—
|
||||
|
||||
(A) the alien spouse and the petitioning spouse (if not deceased) jointly must submit to the Secretary of Homeland Security, during the period described in subsection (d)(2), a petition which requests the removal of such conditional basis and which states, under penalty of perjury, the facts and information described in subsection (d)(1), and
|
||||
|
||||
(B) in accordance with subsection (d)(3), the alien spouse and the petitioning spouse (if not deceased) must appear for a personal interview before an officer or employee of the Department of Homeland Security respecting the facts and information described in subsection (d)(1).
|
||||
|
||||
(2) Termination of permanent resident status for failure to file petition or have personal interview (A) In general In the case of an alien with permanent resident status on a conditional basis under subsection (a), if—
|
||||
|
||||
(i) no petition is filed with respect to the alien in accordance with the provisions of paragraph (1)(A), or
|
||||
|
||||
(ii) unless there is good cause shown, the alien spouse and petitioning spouse fail to appear at the interview described in paragraph (1)(B),
|
||||
|
||||
the Secretary of Homeland Security shall terminate the permanent resident status of the alien as of the second anniversary of the alien’s lawful admission for permanent residence.
|
||||
|
||||
(B) Hearing in removal proceeding In any removal proceeding with respect to an alien whose permanent resident status is terminated under subparagraph (A), the burden of proof shall be on the alien to establish compliance with the conditions of paragraphs (1)(A) and (1)(B).
|
||||
|
||||
(3) Determination after petition and interview (A) In general If—
|
||||
|
||||
(i) a petition is filed in accordance with the provisions of paragraph (1)(A), and
|
||||
|
||||
(ii) the alien spouse and petitioning spouse appear at the interview described in paragraph (1)(B),
|
||||
|
||||
the Secretary of Homeland Security shall make a determination, within 90 days of the date of the interview, as to whether the facts and information described in subsection (d)(1) and alleged in the petition are true with respect to the qualifying marriage.
|
||||
|
||||
(B) Removal of conditional basis if favorable determination If the Secretary of Homeland Security determines that such facts and information are true, the Secretary of Homeland Security shall so notify the parties involved and shall remove the conditional basis of the parties effective as of the second anniversary of the alien’s obtaining the status of lawful admission for permanent residence.
|
||||
|
||||
(C) Termination if adverse determination If the Secretary of Homeland Security determines that such facts and information are not true, the Secretary of Homeland Security shall so notify the parties involved and, subject to subparagraph (D), shall terminate the permanent resident status of an alien spouse or an alien son or daughter as of the date of the determination.
|
||||
|
||||
(D) Hearing in removal proceeding Any alien whose permanent resident status is terminated under subparagraph (C) may request a review of such determination in a proceeding to remove the alien. In such proceeding, the burden of proof shall be on the Secretary of Homeland Security to establish, by a preponderance of the evidence, that the facts and information described in subsection (d)(1) and alleged in the petition are not true with respect to the qualifying marriage.
|
||||
|
||||
(4) Hardship waiver The Secretary of Homeland Security, in the Secretary’s discretion, may remove the conditional basis of the permanent resident status for an alien who fails to meet the requirements of paragraph (1) if the alien demonstrates that—
|
||||
|
||||
(A) extreme hardship would result if such alien is removed;
|
||||
|
||||
(B) the qualifying marriage was entered into in good faith by the alien spouse, but the qualifying marriage has been terminated (other than through the death of the spouse) and the alien was not at fault in failing to meet the requirements of paragraph (1); or
|
||||
|
||||
(C) the qualifying marriage was entered into in good faith by the alien spouse and during the marriage the alien spouse or child was battered by or was the subject of extreme cruelty perpetrated by his or her spouse or citizen or permanent resident parent and the alien was not at fault in failing to meet the requirements of paragraph (1); or
|
||||
|
||||
(D) the alien meets the requirements under section 1154(a)(1)(A)(iii)(II)(aa)(BB) of this title and following the marriage ceremony was battered by or subject to extreme cruelty perpetrated by the alien’s intended spouse and was not at fault in failing to meet the requirements of paragraph (1).
|
||||
|
||||
In determining extreme hardship, the Secretary of Homeland Security shall consider circumstances occurring only during the period that the alien was admitted for permanent residence on a conditional basis. In acting on applications under this paragraph, the Secretary of Homeland Security shall consider any credible evidence relevant to the application. The determination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of the Secretary of Homeland Security. The Secretary of Homeland Security shall, by regulation, establish measures to protect the confidentiality of information concerning any abused alien spouse or child, including information regarding the whereabouts of such spouse or child.
|
||||
|
||||
(d) Details of petition and interview (1) Contents of petition Each petition under subsection (c)(1)(A) shall contain the following facts and information:
|
||||
|
||||
(A) Statement of proper marriage and petitioning process The facts are that—
|
||||
|
||||
(i) the qualifying marriage—
|
||||
|
||||
(I) was entered into in accordance with the laws of the place where the marriage took place,
|
||||
|
||||
(II) has not been judicially annulled or terminated, other than through the death of a spouse, and
|
||||
|
||||
(III) was not entered into for the purpose of procuring an alien’s admission as an immigrant; and
|
||||
|
||||
(ii) no fee or other consideration was given (other than a fee or other consideration to an attorney for assistance in preparation of a lawful petition) for the filing of a petition under section 1154(a) of this title or subsection (d) or (p) 22 See References in Text note below. of section 1184 of this title with respect to the alien spouse or alien son or daughter.
|
||||
|
||||
(B) Statement of additional information The information is a statement of—
|
||||
|
||||
(i) the actual residence of each party to the qualifying marriage since the date the alien spouse obtained permanent resident status on a conditional basis under subsection (a), and
|
||||
|
||||
(ii) the place of employment (if any) of each such party since such date, and the name of the employer of such party.
|
||||
|
||||
(2) Period for filing petition (A) 90-day period before second anniversary Except as provided in subparagraph (B), the petition under subsection (c)(1)(A) must be filed during the 90-day period before the second anniversary of the alien’s obtaining the status of lawful admission for permanent residence.
|
||||
|
||||
(B) Date petitions for good cause Such a petition may be considered if filed after such date, but only if the alien establishes to the satisfaction of the Secretary of Homeland Security good cause and extenuating circumstances for failure to file the petition during the period described in subparagraph (A).
|
||||
|
||||
(C) Filing of petitions during removal In the case of an alien who is the subject of removal hearings as a result of failure to file a petition on a timely basis in accordance with subparagraph (A), the Secretary of Homeland Security may stay such removal proceedings against an alien pending the filing of the petition under subparagraph (B).
|
||||
|
||||
(3) Personal interview The interview under subsection (c)(1)(B) shall be conducted within 90 days after the date of submitting a petition under subsection (c)(1)(A) and at a local office of the Department of Homeland Security, designated by the Secretary of Homeland Security, which is convenient to the parties involved. The Secretary of Homeland Security, in the Secretary’s discretion, may waive the deadline for such an interview or the requirement for such an interview in such cases as may be appropriate.
|
||||
|
||||
(e) Treatment of period for purposes of naturalization For purposes of subchapter III, in the case of an alien who is in the United States as a lawful permanent resident on a conditional basis under this section, the alien shall be considered to have been admitted as an alien lawfully admitted for permanent residence and to be in the United States as an alien lawfully admitted to the United States for permanent residence.
|
||||
|
||||
(f) Treatment of certain waivers In the case of an alien who has permanent residence status on a conditional basis under this section, if, in order to obtain such status, the alien obtained a waiver under subsection (h) or (i) of section 1182 of this title of certain grounds of inadmissibility, such waiver terminates upon the termination of such permanent residence status under this section.
|
||||
|
||||
(g) Service in Armed Forces (1) Filing petition The 90-day period described in subsection (d)(2)(A) shall be tolled during any period of time in which the alien spouse or petitioning spouse is a member of the Armed Forces of the United States and serving abroad in an active-duty status in the Armed Forces, except that, at the option of the petitioners, the petition may be filed during such active-duty service at any time after the commencement of such 90-day period.
|
||||
|
||||
(2) Personal interview The 90-day period described in the first sentence of subsection (d)(3) shall be tolled during any period of time in which the alien spouse or petitioning spouse is a member of the Armed Forces of the United States and serving abroad in an active-duty status in the Armed Forces, except that nothing in this paragraph shall be construed to prohibit the Secretary of Homeland Security from waiving the requirement for an interview under subsection (c)(1)(B) pursuant to the Secretary’s authority under the second sentence of subsection (d)(3).
|
||||
|
||||
(h) Definitions In this section:
|
||||
|
||||
(1) The term “alien spouse” means an alien who obtains the status of an alien lawfully admitted for permanent residence (whether on a conditional basis or otherwise)—
|
||||
|
||||
(A) as an immediate relative (described in section 1151(b) of this title) as the spouse of a citizen of the United States,
|
||||
|
||||
(B) under section 1184(d) of this title as the fiancee or fiance of a citizen of the United States, or
|
||||
|
||||
(C) under section 1153(a)(2) of this title as the spouse of an alien lawfully admitted for permanent residence,
|
||||
|
||||
by virtue of a marriage which was entered into less than 24 months before the date the alien obtains such status by virtue of such marriage, but does not include such an alien who only obtains such status as a result of section 1153(d) of this title.
|
||||
|
||||
(2) The term “alien son or daughter” means an alien who obtains the status of an alien lawfully admitted for permanent residence (whether on a conditional basis or otherwise) by virtue of being the son or daughter of an individual through a qualifying marriage.
|
||||
|
||||
(3) The term “qualifying marriage” means the marriage described to in paragraph (1).
|
||||
|
||||
(4) The term “petitioning spouse” means the spouse of a qualifying marriage, other than the alien.
|
||||
|
||||
(June 27, 1952, ch. 477, title II, ch. 2, § 216, as added Pub. L. 99–639, § 2(a), Nov. 10, 1986, 100 Stat. 3537; amended Pub. L. 100–525, § 7(a), Oct. 24, 1988, 102 Stat. 2616; Pub. L. 101–649, title VII, § 701(a), Nov. 29, 1990, 104 Stat. 5085; Pub. L. 102–232, title III, § 302(e)(8)(B), Dec. 12, 1991, 105 Stat. 1746; Pub. L. 103–322, title IV, § 40702(a), Sept. 13, 1994, 108 Stat. 1955; Pub. L. 104–208, div. C, title III, § 308(d)(4)(E), (e)(7), (f)(1)(I), (J), Sept. 30, 1996, 110 Stat. 3009–618, 3009–620, 3009–621; Pub. L. 106–553, § 1(a)(2) [title XI, § 1103(c)(2)], Dec. 21, 2000, 114 Stat. 2762, 2762A–145; Pub. L. 112–58, § 1, Nov. 23, 2011, 125 Stat. 747; Pub. L. 113–4, title VIII, § 806, Mar. 7, 2013, 127 Stat. 112.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThis chapter, referred to in subsec. (a)(1), was in the original, “this Act”, meaning act June 27, 1952, ch. 477, 66 Stat. 163, 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 under section 1101 of this title and Tables. Subsection (p) of section 1184 of this title, referred to in subsec. (d)(1)(A)(ii), was redesignated subsec. (r) of section 1184 by Pub. L. 108–193, § 8(a)(3), Dec. 19, 2003, 117 Stat. 2886.
|
||||
|
||||
Codification Another section 216 of act June 27, 1952, was renumbered section 218 and is classified to section 1188 of this title.
|
||||
|
||||
Amendments2013—Subsec. (c)(4). Pub. L. 113–4, § 806(b)(2), which, in concluding provisions, directed the substitution of “Secretary of Homeland Security” for “Attorney General” in the first sentence and “Secretary” for “Attorney General” in the second to fourth sentences, could not be executed because of the prior amendment by Pub. L. 112–58, § 1(b)(2)(B). See 2011 Amendment note below. Pub. L. 113–4, § 806(b)(1), which directed the substitution of “The Secretary of Homeland Security, in the Secretary’s” for “The Attorney General, in the Attorney General’s” in introductory provisions, was executed by making the substitution for “The Secretary of Homeland Security, in the Attorney General’s”, to reflect the probable intent of Congress and the prior amendment by Pub. L. 112–58, § 1(b)(2)(B). See 2011 Amendment note below. Subsec. (c)(4)(D). Pub. L. 113–4, § 806(a), added subpar. (D). 2011—Pub. L. 112–58, § 1(b)(2)(B), substituted “Secretary of Homeland Security” for “Attorney General” wherever appearing except in subsec. (g)(2). Subsec. (a)(1). Pub. L. 112–58, § 1(b)(1), substituted “(h)(1))” for “(g)(1))” and “(h)(2))” for “(g)(2))”. Subsec. (c)(1)(B). Pub. L. 112–58, § 1(b)(2)(C), substituted “Department of Homeland Security” for “Service”. Subsec. (d)(3). Pub. L. 112–58, § 1(b)(2)(A), (C), substituted “Department of Homeland Security” for “Service” and “Secretary’s” for “Attorney General’s”. Subsecs. (g), (h). Pub. L. 112–58, § 1(a), added subsec. (g) and redesignated former subsec. (g) as (h). 2000—Subsecs. (b)(1)(B), (d)(1)(A)(ii). Pub. L. 106–553 substituted “section 1154(a) of this title or subsection (d) or (p) of section 1184 of this title” for “section 1154(a) or 1184(d) of this title”. 1996—Subsec. (b)(1)(A)(i). Pub. L. 104–208, § 308(f)(1)(I), substituted “admission” for “entry”. Subsec. (b)(2). Pub. L. 104–208, § 308(e)(7), substituted “removal” for “deportation” in heading and “remove” for “deport” in text. Subsec. (c)(2)(B). Pub. L. 104–208, § 308(e)(7), substituted “removal” for “deportation” in heading and text. Subsec. (c)(3)(D). Pub. L. 104–208, § 308(e)(7), substituted “removal” for “deportation” in heading and “remove” for “deport” in text. Subsec. (c)(4)(A). Pub. L. 104–208, § 308(e)(7), substituted “removed” for “deported”. Subsec. (d)(1)(A)(i)(III). Pub. L. 104–208, § 308(f)(1)(J), substituted “admission” for “entry”. Subsec. (d)(2)(C). Pub. L. 104–208, § 308(e)(7), substituted “removal” for “deportation” wherever appearing in heading and text. Subsec. (f). Pub. L. 104–208, § 308(d)(4)(E), substituted “inadmissibility” for “exclusion”. 1994—Subsec. (c)(4). Pub. L. 103–322 inserted after second sentence “In acting on applications under this paragraph, the Attorney General shall consider any credible evidence relevant to the application. 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.” 1991—Subsec. (g)(1). Pub. L. 102–232 substituted “section 1153(d)” for “section 1153(a)(8)” in closing provisions. 1990—Subsec. (c)(4). Pub. L. 101–649 struck out “or” at end of subpar. (A), struck out “by the alien spouse for good cause” after “death of the spouse)” and substituted “, or” for period at end of subpar. (B), added subpar. (C), and inserted at end “The Attorney General shall, by regulation, establish measures to protect the confidentiality of information concerning any abused alien spouse or child, including information regarding the whereabouts of such spouse or child.” 1988—Pub. L. 100–525, § 7(a)(1), made technical amendment to directory language of Pub. L. 99–639, § 2(a), which enacted this section. Subsec. (c)(3)(A). Pub. L. 100–525, § 7(a)(2), substituted “90 days” for “90-days”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2000 AmendmentAmendment by Pub. L. 106–553 effective Dec. 21, 2000, and applicable to alien who is beneficiary of classification petition filed under section 1154 of this title before, on, or after Dec. 21, 2000, see section 1(a)(2) [title XI, § 1103(d)] of Pub. L. 106–553, set out as a note under section 1101 of this title.
|
||||
|
||||
Effective Date of 1996 AmendmentAmendment by 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 AmendmentPub. L. 103–322, title IV, § 40702(b), Sept. 13, 1994, 108 Stat. 1955, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on the date of enactment of this Act [Sept. 13, 1994] and shall apply to applications made before, on, or after such date.”
|
||||
|
||||
Effective Date of 1991 AmendmentPub. L. 102–232, title III, § 302(e)(8), Dec. 12, 1991, 105 Stat. 1746, provided that the amendment made by section 302(e)(8) is effective as if included in section 162(e) of the Immigration Act of 1990, Pub. L. 101–649.
|
||||
|
||||
Effective Date of 1990 AmendmentPub. L. 101–649, title VII, § 701(b), Nov. 29, 1990, 104 Stat. 5086, provided that: “The amendments made by subsection (a) [amending this section] shall apply with respect to marriages entered into before, on, or after the date of the enactment of this Act [Nov. 29, 1990].”
|
||||
|
||||
Effective Date of 1988 AmendmentAmendment by Pub. L. 100–525 effective as if included in enactment of Immigration Marriage Fraud Amendments of 1986, Pub. L. 99–639, see section 7(d) of Pub. L. 100–525, set out as a note under section 1182 of this title.
|
||||
|
||||
Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.
|
||||
File diff suppressed because one or more lines are too long
File diff suppressed because one or more lines are too long
@@ -0,0 +1,45 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 1187a"
|
||||
description: "Provision of assistance to non-program countries"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "12"
|
||||
chapter_name: "IMMIGRATION AND NATIONALITY"
|
||||
section: "1187a"
|
||||
citation: "8 U.S.C. § 1187a"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s1187a"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "4f7acadc33f03cc7e3158f64f49e13863cc7933b6f1a14eee39f55d93fc35e8d"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "89691e097d362fa18062302f1ba516c266ac7f9e09bf3957c7f6a4d0835b0322"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 1187a - Provision of assistance to non-program countries
|
||||
|
||||
## Text
|
||||
|
||||
The Secretary of Homeland Security, in consultation with the Secretary of State, shall provide assistance in a risk-based manner to countries that do not participate in the visa waiver program under section 1187 of this title to assist those countries in—
|
||||
|
||||
(1) submitting to Interpol information about the theft or loss of passports of citizens or nationals of such a country; and
|
||||
|
||||
(2) issuing, and validating at the ports of entry of such a country, electronic passports that are fraud-resistant, contain relevant biographic and biometric information (as determined by the Secretary of Homeland Security), and otherwise satisfy internationally accepted standards for electronic passports.
|
||||
|
||||
(Pub. L. 114–113, div. O, title II, § 208, Dec. 18, 2015, 129 Stat. 2995.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Codification Section was enacted as part of the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015, and also as part of the Consolidated Appropriations Act, 2016, and not as part of the Immigration and Nationality Act which comprises this chapter.
|
||||
@@ -0,0 +1,157 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 1188"
|
||||
description: "Admission of temporary H–2A workers"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "12"
|
||||
chapter_name: "IMMIGRATION AND NATIONALITY"
|
||||
section: "1188"
|
||||
citation: "8 U.S.C. § 1188"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s1188"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "136f5df18f71a3e722c47deba19f11f37acfa716475744e18132c0c4bb2b8a2a"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "815bed9af69d83160385ef9d33acb530c446ec756241315ff9cb9154686c8b70"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 1188 - Admission of temporary H–2A workers
|
||||
|
||||
## Text
|
||||
|
||||
(a) Conditions for approval of H–2A petitions (1) A petition to import an alien as an H–2A worker (as defined in subsection (i)(2)) may not be approved by the Attorney General unless the petitioner has applied to the Secretary of Labor for a certification that—
|
||||
|
||||
(A) there are not sufficient workers who are able, willing, and qualified, and who will be available at the time and place needed, to perform the labor or services involved in the petition, and
|
||||
|
||||
(B) the employment of the alien in such labor or services will not adversely affect the wages and working conditions of workers in the United States similarly employed.
|
||||
|
||||
(2) The Secretary of Labor may require by regulation, as a condition of issuing the certification, the payment of a fee to recover the reasonable costs of processing applications for certification.
|
||||
|
||||
(b) Conditions for denial of labor certification The Secretary of Labor may not issue a certification under subsection (a) with respect to an employer if the conditions described in that subsection are not met or if any of the following conditions are met:
|
||||
|
||||
(1) There is a strike or lockout in the course of a labor dispute which, under the regulations, precludes such certification.
|
||||
|
||||
(2) (A) The employer during the previous two-year period employed H–2A workers and the Secretary of Labor has determined, after notice and opportunity for a hearing, that the employer at any time during that period substantially violated a material term or condition of the labor certification with respect to the employment of domestic or nonimmigrant workers.
|
||||
|
||||
(B) No employer may be denied certification under subparagraph (A) for more than three years for any violation described in such subparagraph.
|
||||
|
||||
(3) The employer has not provided the Secretary with satisfactory assurances that if the employment for which the certification is sought is not covered by State workers’ compensation law, the employer will provide, at no cost to the worker, insurance covering injury and disease arising out of and in the course of the worker’s employment which will provide benefits at least equal to those provided under the State workers’ compensation law for comparable employment.
|
||||
|
||||
(4) The Secretary determines that the employer has not made positive recruitment efforts within a multi-state region of traditional or expected labor supply where the Secretary finds that there are a significant number of qualified United States workers who, if recruited, would be willing to make themselves available for work at the time and place needed. Positive recruitment under this paragraph is in addition to, and shall be conducted within the same time period as, the circulation through the interstate employment service system of the employer’s job offer. The obligation to engage in positive recruitment under this paragraph shall terminate on the date the H–2A workers depart for the employer’s place of employment.
|
||||
|
||||
(c) Special rules for consideration of applications The following rules shall apply in the case of the filing and consideration of an application for a labor certification under this section:
|
||||
|
||||
(1) Deadline for filing applications The Secretary of Labor may not require that the application be filed more than 45 days before the first date the employer requires the labor or services of the H–2A worker.
|
||||
|
||||
(2) Notice within seven days of deficiencies (A) The employer shall be notified in writing within seven days of the date of filing if the application does not meet the standards (other than that described in subsection (a)(1)(A)) for approval.
|
||||
|
||||
(B) If the application does not meet such standards, the notice shall include the reasons therefor and the Secretary shall provide an opportunity for the prompt resubmission of a modified application.
|
||||
|
||||
(3) Issuance of certification (A) The Secretary of Labor shall make, not later than 30 days before the date such labor or services are first required to be performed, the certification described in subsection (a)(1) if—
|
||||
|
||||
(i) the employer has complied with the criteria for certification (including criteria for the recruitment of eligible individuals as prescribed by the Secretary), and
|
||||
|
||||
(ii) the employer does not actually have, or has not been provided with referrals of, qualified eligible individuals who have indicated their availability to perform such labor or services on the terms and conditions of a job offer which meets the requirements of the Secretary.
|
||||
|
||||
In considering the question of whether a specific qualification is appropriate in a job offer, the Secretary shall apply the normal and accepted qualifications required by non-H–2A-employers in the same or comparable occupations and crops.
|
||||
|
||||
(B) (i) For a period of 3 years subsequent to the effective date of this section, labor certifications shall remain effective only if, from the time the foreign worker departs for the employer’s place of employment, the employer will provide employment to any qualified United States worker who applies to the employer until 50 percent of the period of the work contract, under which the foreign worker who is in the job was hired, has elapsed. In addition, the employer will offer to provide benefits, wages and working conditions required pursuant to this section and regulations.
|
||||
|
||||
(ii) The requirement of clause (i) shall not apply to any employer who—
|
||||
|
||||
(I) did not, during any calendar quarter during the preceding calendar year, use more than 500 man-days of agricultural labor, as defined in section 203(u) of title 29,
|
||||
|
||||
(II) is not a member of an association which has petitioned for certification under this section for its members, and
|
||||
|
||||
(III) has not otherwise associated with other employers who are petitioning for temporary foreign workers under this section.
|
||||
|
||||
(iii) Six months before the end of the 3-year period described in clause (i), the Secretary of Labor shall consider the findings of the report mandated by section 403(a)(4)(D) of the Immigration Reform and Control Act of 1986 as well as other relevant materials, including evidence of benefits to United States workers and costs to employers, addressing the advisability of continuing a policy which requires an employer, as a condition for certification under this section, to continue to accept qualified, eligible United States workers for employment after the date the H–2A workers depart for work with the employer. The Secretary’s review of such findings and materials shall lead to the issuance of findings in furtherance of the Congressional policy that aliens not be admitted under this section unless there are not sufficient workers in the United States who are able, willing, and qualified to perform the labor or service needed and that the employment of the aliens in such labor or services will not adversely affect the wages and working conditions of workers in the United States similarly employed. In the absence of the enactment of Federal legislation prior to three months before the end of the 3-year period described in clause (i) which addresses the subject matter of this subparagraph, the Secretary shall immediately publish the findings required by this clause, and shall promulgate, on an interim or final basis, regulations based on his findings which shall be effective no later than three years from the effective date of this section.
|
||||
|
||||
(iv) In complying with clause (i) of this subparagraph, an association shall be allowed to refer or transfer workers among its members: Provided, That for purposes of this section an association acting as an agent for its members shall not be considered a joint employer merely because of such referral or transfer.
|
||||
|
||||
(v) United States workers referred or transferred pursuant to clause (iv) of this subparagraph shall not be treated disparately.
|
||||
|
||||
(vi) An employer shall not be liable for payments under section 655.202(b)(6) of title 20, Code of Federal Regulations (or any successor regulation) with respect to an H–2A worker who is displaced due to compliance with the requirement of this subparagraph, if the Secretary of Labor certifies that the H–2A worker was displaced because of the employer’s compliance with clause (i) of this subparagraph.
|
||||
|
||||
(vii) (I) No person or entity shall willfully and knowingly withhold domestic workers prior to the arrival of H–2A workers in order to force the hiring of domestic workers under clause (i).
|
||||
|
||||
(II) Upon the receipt of a complaint by an employer that a violation of subclause (I) has occurred the Secretary shall immediately investigate. He shall within 36 hours of the receipt of the complaint issue findings concerning the alleged violation. Where the Secretary finds that a violation has occurred, he shall immediately suspend the application of clause (i) of this subparagraph with respect to that certification for that date of need.
|
||||
|
||||
(4) Housing Employers shall furnish housing in accordance with regulations. The employer shall be permitted at the employer’s option to provide housing meeting applicable Federal standards for temporary labor camps or to secure housing which meets the local standards for rental and/or public accommodations or other substantially similar class of habitation: Provided, That in the absence of applicable local standards, State standards for rental and/or public accommodations or other substantially similar class of habitation shall be met: Provided further, That in the absence of applicable local or State standards, Federal temporary labor camp standards shall apply: Provided further, That the Secretary of Labor shall issue regulations which address the specific requirements of housing for employees principally engaged in the range production of livestock: Provided further, That when it is the prevailing practice in the area and occupation of intended employment to provide family housing, family housing shall be provided to workers with families who request it: And provided further, That nothing in this paragraph shall require an employer to provide or secure housing for workers who are not entitled to it under the temporary labor certification regulations in effect on June 1, 1986. The determination as to whether the housing furnished by an employer for an H–2A worker meets the requirements imposed by this paragraph must be made prior to the date specified in paragraph (3)(A) by which the Secretary of Labor is required to make a certification described in subsection (a)(1) with respect to a petition for the importation of such worker.
|
||||
|
||||
(d) Roles of agricultural associations (1) Permitting filing by agricultural associations A petition to import an alien as a temporary agricultural worker, and an application for a labor certification with respect to such a worker, may be filed by an association of agricultural producers which use agricultural services.
|
||||
|
||||
(2) Treatment of associations acting as employers If an association is a joint or sole employer of temporary agricultural workers, the certifications granted under this section to the association may be used for the certified job opportunities of any of its producer members and such workers may be transferred among its producer members to perform agricultural services of a temporary or seasonal nature for which the certifications were granted.
|
||||
|
||||
(3) Treatment of violations (A) Member’s violation does not necessarily disqualify association or other members If an individual producer member of a joint employer association is determined to have committed an act that under subsection (b)(2) results in the denial of certification with respect to the member, the denial shall apply only to that member of the association unless the Secretary determines that the association or other member participated in, had knowledge of, or reason to know of, the violation.
|
||||
|
||||
(B) Association’s violation does not necessarily disqualify members (i) If an association representing agricultural producers as a joint employer is determined to have committed an act that under subsection (b)(2) results in the denial of certification with respect to the association, the denial shall apply only to the association and does not apply to any individual producer member of the association unless the Secretary determines that the member participated in, had knowledge of, or reason to know of, the violation.
|
||||
|
||||
(ii) If an association of agricultural producers certified as a sole employer is determined to have committed an act that under subsection (b)(2) results in the denial of certification with respect to the association, no individual producer member of such association may be the beneficiary of the services of temporary alien agricultural workers admitted under this section in the commodity and occupation in which such aliens were employed by the association which was denied certification during the period such denial is in force, unless such producer member employs such aliens in the commodity and occupation in question directly or through an association which is a joint employer of such workers with the producer member.
|
||||
|
||||
(e) Expedited administrative appeals of certain determinations (1) Regulations shall provide for an expedited procedure for the review of a denial of certification under subsection (a)(1) or a revocation of such a certification or, at the applicant’s request, for a de novo administrative hearing respecting the denial or revocation.
|
||||
|
||||
(2) The Secretary of Labor shall expeditiously, but in no case later than 72 hours after the time a new determination is requested, make a new determination on the request for certification in the case of an H–2A worker if able, willing, and qualified eligible individuals are not actually available at the time such labor or services are required and a certification was denied in whole or in part because of the availability of qualified workers. If the employer asserts that any eligible individual who has been referred is not able, willing, or qualified, the burden of proof is on the employer to establish that the individual referred is not able, willing, or qualified because of employment-related reasons.
|
||||
|
||||
(f) Violators disqualified for 5 years An alien may not be admitted to the United States as a temporary agricultural worker if the alien was admitted to the United States as such a worker within the previous five-year period and the alien during that period violated a term or condition of such previous admission.
|
||||
|
||||
(g) Authorization of appropriations (1) There are authorized to be appropriated for each fiscal year, beginning with fiscal year 1987, $10,000,000 for the purposes—
|
||||
|
||||
(A) of recruiting domestic workers for temporary labor and services which might otherwise be performed by nonimmigrants described in section 1101(a)(15)(H)(ii)(a) of this title, and
|
||||
|
||||
(B) of monitoring terms and conditions under which such nonimmigrants (and domestic workers employed by the same employers) are employed in the United States.
|
||||
|
||||
(2) The Secretary of Labor is authorized to take such actions, including imposing appropriate penalties and seeking appropriate injunctive relief and specific performance of contractual obligations, as may be necessary to assure employer compliance with terms and conditions of employment under this section.
|
||||
|
||||
(3) There are authorized to be appropriated for each fiscal year, beginning with fiscal year 1987, such sums as may be necessary for the purpose of enabling the Secretary of Labor to make determinations and certifications under this section and under section 1182(a)(5)(A)(i) of this title.
|
||||
|
||||
(4) There are authorized to be appropriated for each fiscal year, beginning with fiscal year 1987, such sums as may be necessary for the purposes of enabling the Secretary of Agriculture to carry out the Secretary’s duties and responsibilities under this section.
|
||||
|
||||
(h) Miscellaneous provisions (1) The Attorney General shall provide for such endorsement of entry and exit documents of nonimmigrants described in section 1101(a)(15)(H)(ii) of this title as may be necessary to carry out this section and to provide notice for purposes of section 1324a of this title.
|
||||
|
||||
(2) The provisions of subsections (a) and (c) of section 1184 of this title and the provisions of this section preempt any State or local law regulating admissibility of nonimmigrant workers.
|
||||
|
||||
(i) Definitions For purposes of this section:
|
||||
|
||||
(1) The term “eligible individual” means, with respect to employment, an individual who is not an unauthorized alien (as defined in section 1324a(h)(3) of this title) with respect to that employment.
|
||||
|
||||
(2) The term “H–2A worker” means a nonimmigrant described in section 1101(a)(15)(H)(ii)(a) of this title.
|
||||
|
||||
(June 27, 1952, ch. 477, title II, ch. 2, § 218, formerly § 216, as added Pub. L. 99–603, title III, § 301(c), Nov. 6, 1986, 100 Stat. 3411; renumbered § 218 and amended Pub. L. 100–525, § 2(l)(2), (3), Oct. 24, 1988, 102 Stat. 2612; Pub. L. 102–232, title III, §§ 307(l)(4), 309(b)(8), Dec. 12, 1991, 105 Stat. 1756, 1759; Pub. L. 103–416, title II, § 219(z)(8), Oct. 25, 1994, 108 Stat. 4318; Pub. L. 106–78, title VII, § 748, Oct. 22, 1999, 113 Stat. 1167; Pub. L. 106–554, § 1(a)(1) [title I, § 105], Dec. 21, 2000, 114 Stat. 2763, 2763A–11.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextSection 403(a)(4)(D) of the Immigration Reform and Control Act of 1986, referred to in subsec. (c)(3)(B)(iii), is section 403(a)(4)(D) of Pub. L. 99–603, which is set out in a note under this section.
|
||||
|
||||
Codification Section was classified to section 1186 of this title prior to its renumbering by Pub. L. 100–525.
|
||||
|
||||
Amendments2000—Subsec. (c)(4). Pub. L. 106–554 inserted at end “The determination as to whether the housing furnished by an employer for an H–2A worker meets the requirements imposed by this paragraph must be made prior to the date specified in paragraph (3)(A) by which the Secretary of Labor is required to make a certification described in subsection (a)(1) with respect to a petition for the importation of such worker.” 1999—Subsec. (c)(1). Pub. L. 106–78, § 748(1), substituted “45 days” for “60 days”. Subsec. (c)(3)(A). Pub. L. 106–78, § 748(2), substituted “30 days” for “20 days” in introductory provisions. 1994—Subsec. (i)(1). Pub. L. 103–416 made technical correction to directory language of Pub. L. 102–232, § 309(b)(8). See 1991 Amendment note below. 1991—Subsec. (g)(3). Pub. L. 102–232, § 307(l)(4), substituted “section 1182(a)(5)(A)(i)” for “section 1182(a)(14)”. Subsec. (i)(1). Pub. L. 102–232, § 309(b)(8), as amended by Pub. L. 103–416, substituted “1324a(h)(3)” for “1324a(h)”. 1988—Pub. L. 100–525, § 2(l)(2)(A), made technical amendment to directory language of Pub. L. 99–603, § 301(c), which enacted this section. Subsec. (c)(4). Pub. L. 100–525, § 2(l)(3), substituted “accommodations” for “accomodations” wherever appearing.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1994 AmendmentPub. L. 103–416, title II, § 219(z), Oct. 25, 1994, 108 Stat. 4318, provided that the amendment made by subsec. (z)(8) of that section is effective as if included in the Miscellaneous and Technical Immigration and Naturalization Amendments of 1991, Pub. L. 102–232.
|
||||
|
||||
Effective Date of 1991 AmendmentPub. L. 102–232, title III, § 307(l), Dec. 12, 1991, 105 Stat. 1756, provided that the amendment made by section 307(l) is effective as if included in section 603(a) of the Immigration Act of 1990, Pub. L. 101–649.
|
||||
|
||||
Effective Date of 1988 AmendmentAmendment by Pub. L. 100–525 effective as if included in enactment of Immigration Reform and Control Act of 1986, Pub. L. 99–603, see section 2(s) of Pub. L. 100–525, set out as a note under section 1101 of this title.
|
||||
|
||||
Effective Date; RegulationsPub. L. 99–603, title III, § 301(d), (e), Nov. 6, 1986, 100 Stat. 3416, as amended by Pub. L. 100–525, § 2(l)(4), Oct. 24, 1988, 102 Stat. 2612, provided that: “(d) Effective Date.—The amendments made by this section [enacting this section and amending sections 1101 and 1184] apply to petitions and applications filed under sections 214(c) and 218 of the Immigration and Nationality Act [8 U.S.C. 1184(c), 1188] on or after the first day of the seventh month beginning after the date of the enactment of this Act [Nov. 6, 1986] (hereinafter in this section referred to as the ‘effective date’). “(e) Regulations.—The Attorney General, in consultation with the Secretary of Labor and the Secretary of Agriculture, shall approve all regulations to be issued implementing sections 101(a)(15)(H)(ii)(a) and 218 of the Immigration and Nationality Act [8 U.S.C. 1101(a)(15)(H)(ii)(a), 1188]. Notwithstanding any other provision of law, final regulations to implement such sections shall first be issued, on an interim or other basis, not later than the effective date.”
|
||||
|
||||
Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.
|
||||
|
||||
Sense of Congress Respecting Consultation With MexicoPub. L. 99–603, title III, § 301(f), Nov. 6, 1986, 100 Stat. 3416, as amended by Pub. L. 100–525, § 2(l)(4), Oct. 24, 1988, 102 Stat. 2612, provided that: “It is the sense of Congress that the President should establish an advisory commission which shall consult with the Governments of Mexico and of other appropriate countries and advise the Attorney General regarding the operation of the alien temporary worker program established under section 218 of the Immigration and Nationality Act [8 U.S.C. 1188].”
|
||||
|
||||
Reports on H–2A ProgramPub. L. 99–603, title IV, § 403, Nov. 6, 1986, 100 Stat. 3441, provided that: “(a) Presidential Reports.—The President shall transmit to the Committees on the Judiciary of the Senate and of the House of Representatives reports on the implementation of the temporary agricultural worker (H–2A) program, which shall include—“(1) the number of foreign workers permitted to be employed under the program in each year; “(2) the compliance of employers and foreign workers with the terms and conditions of the program; “(3) the impact of the program on the labor needs of the United States agricultural employers and on the wages and working conditions of United States agricultural workers; and “(4) recommendations for modifications of the program, including—“(A) improving the timeliness of decisions regarding admission of temporary foreign workers under the program, “(B) removing any economic disincentives to hiring United States citizens or permanent resident aliens for jobs for which temporary foreign workers have been requested, “(C) improving cooperation among government agencies, employers, employer associations, workers, unions, and other worker associations to end the dependence of any industry on a constant supply of temporary foreign workers, and “(D) the relative benefits to domestic workers and burdens upon employers of a policy which requires employers, as a condition for certification under the program, to continue to accept qualified United States workers for employment after the date the H–2A workers depart for work with the employer. The recommendations under subparagraph (D) shall be made in furtherance of the Congressional policy that aliens not be admitted under the H–2A program unless there are not sufficient workers in the United States who are able, willing, and qualified to perform the labor or services needed and that the employment of the alien in such labor or services will not adversely affect the wages and working conditions of workers in the United States similarly employed. “(b) Deadlines.—A report on the H–2A temporary worker program under subsection (a) shall be submitted not later than two years after the date of the enactment of this Act [Nov. 6, 1986], and every two years thereafter.” [Functions of President under section 403 of Pub. L. 99–603 delegated to Secretary of Labor by section 2(b) of Ex. Ord. No. 12789, Feb. 10, 1992, 57 F.R. 5225, set out as a note under section 1364 of this title.]
|
||||
File diff suppressed because one or more lines are too long
@@ -0,0 +1,107 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 1201"
|
||||
description: "Issuance of visas"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "12"
|
||||
chapter_name: "IMMIGRATION AND NATIONALITY"
|
||||
section: "1201"
|
||||
citation: "8 U.S.C. § 1201"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s1201"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "1d6d4e4a5f54f88a9d0970208b5cc494c9ba991df4c6861480d1ccf1a18afd16"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "739a6a462c2278b99b8754c418fdf0a783cf108b8b59d834ea494c36e592251a"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 1201 - Issuance of visas
|
||||
|
||||
## Text
|
||||
|
||||
(a) Immigrants; nonimmigrants (1) Under the conditions hereinafter prescribed and subject to the limitations prescribed in this chapter or regulations issued thereunder, a consular officer may issue
|
||||
|
||||
(A) to an immigrant who has made proper application therefor, an immigrant visa which shall consist of the application provided for in section 1202 of this title, visaed by such consular officer, and shall specify the foreign state, if any, to which the immigrant is charged, the immigrant’s particular status under such foreign state, the preference, immediate relative, or special immigrant classification to which the alien is charged, the date on which the validity of the visa shall expire, and such additional information as may be required; and
|
||||
|
||||
(B) to a nonimmigrant who has made proper application therefor, a nonimmigrant visa, which shall specify the classification under section 1101(a)(15) of this title of the nonimmigrant, the period during which the nonimmigrant visa shall be valid, and such additional information as may be required.
|
||||
|
||||
(2) The Secretary of State shall provide to the Service an electronic version of the visa file of each alien who has been issued a visa to ensure that the data in that visa file is available to immigration inspectors at the United States ports of entry before the arrival of the alien at such a port of entry.
|
||||
|
||||
(b) Registration; photographs; waiver of requirement Each alien who applies for a visa shall be registered in connection with his application, and shall furnish copies of his photograph signed by him for such use as may be by regulations required. The requirements of this subsection may be waived in the discretion of the Secretary of State in the case of any alien who is within that class of nonimmigrants enumerated in sections 1101(a)(15)(A), and 1101(a)(15)(G) of this title, or in the case of any alien who is granted a diplomatic visa on a diplomatic passport or on the equivalent thereof.
|
||||
|
||||
(c) Period of validity; renewal or replacement (1) Immigrant visas An immigrant visa shall be valid for such period, not exceeding six months, as shall be by regulations prescribed, except that any visa issued to a child lawfully adopted by a United States citizen and spouse while such citizen is serving abroad in the United States Armed Forces, or is employed abroad by the United States Government, or is temporarily abroad on business, shall be valid until such time, for a period not to exceed three years, as the adoptive citizen parent returns to the United States in due course of his service, employment, or business.
|
||||
|
||||
(2) Nonimmigrant visas A nonimmigrant visa shall be valid for such periods as shall be by regulations prescribed. In prescribing the period of validity of a nonimmigrant visa in the case of nationals of any foreign country who are eligible for such visas, the Secretary of State shall, insofar as practicable, accord to such nationals the same treatment upon a reciprocal basis as such foreign country accords to nationals of the United States who are within a similar class; except that in the case of aliens who are nationals of a foreign country and who either are granted refugee status and firmly resettled in another foreign country or are granted permanent residence and residing in another foreign country, the Secretary of State may prescribe the period of validity of such a visa based upon the treatment granted by that other foreign country to alien refugees and permanent residents, respectively, in the United States.
|
||||
|
||||
(3) Visa replacement An immigrant visa may be replaced under the original number during the fiscal year in which the original visa was issued for an immigrant who establishes to the satisfaction of the consular officer that the immigrant—
|
||||
|
||||
(A) was unable to use the original immigrant visa during the period of its validity because of reasons beyond his control and for which he was not responsible;
|
||||
|
||||
(B) is found by a consular officer to be eligible for an immigrant visa; and
|
||||
|
||||
(C) pays again the statutory fees for an application and an immigrant visa.
|
||||
|
||||
(4) Fee waiver If an immigrant visa was issued, on or after March 27, 2013, for a child who has been lawfully adopted, or who is coming to the United States to be adopted, by a United States citizen, any statutory immigrant visa fees relating to a renewal or replacement of such visa may be waived or, if already paid, may be refunded upon request, subject to such criteria as the Secretary of State may prescribe, if—
|
||||
|
||||
(A) the immigrant child was unable to use the original immigrant visa during the period of its validity as a direct result of extraordinary circumstances, including the denial of an exit permit; and
|
||||
|
||||
(B) if such inability was attributable to factors beyond the control of the adopting parent or parents and of the immigrant.
|
||||
|
||||
(d) Physical examination Prior to the issuance of an immigrant visa to any alien, the consular officer shall require such alien to submit to a physical and mental examination in accordance with such regulations as may be prescribed. Prior to the issuance of a nonimmigrant visa to any alien, the consular officer may require such alien to submit to a physical or mental examination, or both, if in his opinion such examination is necessary to ascertain whether such alien is eligible to receive a visa.
|
||||
|
||||
(e) Surrender of visa Each immigrant shall surrender his immigrant visa to the immigration officer at the port of entry, who shall endorse on the visa the date and the port of arrival, the identity of the vessel or other means of transportation by which the immigrant arrived, and such other endorsements as may be by regulations required.
|
||||
|
||||
(f) Surrender of documents Each nonimmigrant shall present or surrender to the immigration officer at the port of entry such documents as may be by regulation required. In the case of an alien crewman not in possession of any individual documents other than a passport and until such time as it becomes practicable to issue individual documents, such alien crewman may be admitted, subject to the provisions of this part, if his name appears in the crew list of the vessel or aircraft on which he arrives and the crew list is visaed by a consular officer, but the consular officer shall have the right to deny admission to any alien crewman from the crew list visa.
|
||||
|
||||
(g) Nonissuance of visas or other documents No visa or other documentation shall be issued to an alien if (1) it appears to the consular officer, from statements in the application, or in the papers submitted therewith, that such alien is ineligible to receive a visa or such other documentation under section 1182 of this title, or any other provision of law, (2) the application fails to comply with the provisions of this chapter, or the regulations issued thereunder, or (3) the consular officer knows or has reason to believe that such alien is ineligible to receive a visa or such other documentation under section 1182 of this title, or any other provision of law: Provided, That a visa or other documentation may be issued to an alien who is within the purview of section 1182(a)(4) of this title, if such alien is otherwise entitled to receive a visa or other documentation, upon receipt of notice by the consular officer from the Attorney General of the giving of a bond or undertaking providing indemnity as in the case of aliens admitted under section 1183 of this title: Provided further, That a visa may be issued to an alien defined in section 1101(a)(15)(B) or (F) of this title, if such alien is otherwise entitled to receive a visa, upon receipt of a notice by the consular officer from the Attorney General of the giving of a bond with sufficient surety in such sum and containing such conditions as the consular officer shall prescribe, to insure that at the expiration of the time for which such alien has been admitted by the Attorney General, as provided in section 1184(a) of this title, or upon failure to maintain the status under which he was admitted, or to maintain any status subsequently acquired under section 1258 of this title, such alien will depart from the United States.
|
||||
|
||||
(h) Nonadmission upon arrival Nothing in this chapter shall be construed to entitle any alien, to whom a visa or other documentation has been issued, to be admitted 11 So in original. Probably should be followed by “to”. the United States, if, upon arrival at a port of entry in the United States, he is found to be inadmissible under this chapter, or any other provision of law. The substance of this subsection shall appear upon every visa application.
|
||||
|
||||
(i) Revocation of visas or documents After the issuance of a visa or other documentation to any alien, the consular officer or the Secretary of State may at any time, in his discretion, revoke such visa or other documentation. Notice of such revocation shall be communicated to the Attorney General, and such revocation shall invalidate the visa or other documentation from the date of issuance: Provided, That carriers or transportation companies, and masters, commanding officers, agents, owners, charterers, or consignees, shall not be penalized under section 1323(b) of this title for action taken in reliance on such visas or other documentation, unless they received due notice of such revocation prior to the alien’s embarkation. There shall be no means of judicial review (including review pursuant to section 2241 of title 28 or any other habeas corpus provision, and sections 1361 and 1651 of such title) of a revocation under this subsection, except in the context of a removal proceeding if such revocation provides the sole ground for removal under section 1227(a)(1)(B) of this title.
|
||||
|
||||
(June 27, 1952, ch. 477, title II, ch. 3, § 221, 66 Stat. 191; Pub. L. 87–301, § 4, Sept. 26, 1961, 75 Stat. 651; Pub. L. 89–236, §§ 11(a), (b), 17, Oct. 3, 1965, 79 Stat. 918, 919; Pub. L. 97–116, § 18(f), Dec. 29, 1981, 95 Stat. 1620; Pub. L. 99–653, § 5(a), formerly § 5(a)(a)–(c), Nov. 14, 1986, 100 Stat. 3656, renumbered § 5(a), Pub. L. 100–525, § 8(d)(1), Oct. 24, 1988, 102 Stat. 2617; Pub. L. 101–649, title VI, § 603(a)(9), Nov. 29, 1990, 104 Stat. 5083; Pub. L. 102–232, title III, § 302(e)(8)(C), Dec. 12, 1991, 105 Stat. 1746; Pub. L. 104–208, div. C, title III, § 308(d)(4)(G), (f)(2)(B), title VI, § 631, Sept. 30, 1996, 110 Stat. 3009–618, 3009–621, 3009–700; Pub. L. 107–173, title III, § 301, May 14, 2002, 116 Stat. 552; Pub. L. 108–458, title V, § 5304(a), Dec. 17, 2004, 118 Stat. 3736; Pub. L. 114–70, § 2, Oct. 16, 2015, 129 Stat. 561.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThis chapter, referred to in subsecs. (a)(1), (g), and (h), was in the original, “this Act”, meaning act June 27, 1952, ch. 477, 66 Stat. 163, 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 under section 1101 of this title and Tables.
|
||||
|
||||
Amendments2015—Subsec. (c). Pub. L. 114–70 amended subsec. (c) generally. Prior to amendment, subsec. (c) related to period of validity and visa requirement. 2004—Subsec. (i). Pub. L. 108–458 inserted at end “There shall be no means of judicial review (including review pursuant to section 2241 of title 28 or any other habeas corpus provision, and sections 1361 and 1651 of such title) of a revocation under this subsection, except in the context of a removal proceeding if such revocation provides the sole ground for removal under section 1227(a)(1)(B) of this title.” 2002—Subsec. (a). Pub. L. 107–173 designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), and added par. (2). 1996—Subsec. (c). Pub. L. 104–208, § 631, substituted “six months” for “four months” and inserted “; except that in the case of aliens who are nationals of a foreign country and who either are granted refugee status and firmly resettled in another foreign country or are granted permanent residence and residing in another foreign country, the Secretary of State may prescribe the period of validity of such a visa based upon the treatment granted by that other foreign country to alien refugees and permanent residents, respectively, in the United States” after “within a similar class”. Subsec. (f). Pub. L. 104–208, § 308(d)(4)(G), substituted “deny admission to” for “exclude”. Subsec. (h). Pub. L. 104–208, § 308(f)(2)(B), substituted “be admitted” for “enter”. 1991—Subsec. (a). Pub. L. 102–232 struck out “nonpreference,” before “immediate relative”. 1990—Subsec. (g). Pub. L. 101–649 substituted “1182(a)(4) of this title” for “1182(a)(7), or section 1182(a)(15) of this title”. 1988—Subsecs. (a) to (c). Pub. L. 100–525 made technical correction to Pub. L. 99–653, § 5. See 1986 Amendment note below. 1986—Subsec. (a). Pub. L. 99–653, § 5(a)(1), formerly § 5(a)(a), as redesignated by Pub. L. 100–525, in cl. (1) substituted “specify the foreign state” for “specify the quota”, “under such foreign state” for “under such quota”, “special immigrant classification” for “special immigration classification”, and struck out “one copy of” after “shall consist of”. Subsec. (b). Pub. L. 99–653, § 5(a)(2), formerly § 5(a)(b), as redesignated by Pub. L. 100–525, amended subsec. (b) generally, striking out “and fingerprinted” after “shall be registered” and substituting “sections 1101(a)(15)(A) and 1101(a)(15)(G) of this title” for “section 1101(a)(15)(A) and (G) of this title”. Subsec. (c). Pub. L. 99–653, § 5(a)(3), formerly § 5(a)(c), as redesignated by Pub. L. 100–525, amended subsec. (c) generally, substituting “during the fiscal year” for “during the year”, “Provided, That the immigrant” for “Provided, the consular officer is in possession of the duplicate signed copy of the original visa, the immigrant”, and “statutory fees” for “statutory fee”. 1981—Subsec. (a). Pub. L. 97–116 substituted a comma for the period after “alien is charged”. 1965—Subsec. (a). Pub. L. 89–236, § 11(a), substituted a reference to preference, nonpreference, immediate relative, and special immigration classification, for a reference to nonquota categories to which immigrants are classified. Subsec. (c). Pub. L. 89–236, § 11(b), struck out references to “quota” wherever appearing. Subsec. (g). Pub. L. 89–236, § 17, inserted proviso permitting issuance of student or visitors visas in cases where the alien gives a bond so as to allow resolution of doubts in borderline cases in which the consular officer is uncertain as to the bona fides of the nonimmigrant’s intention to remain in the United States temporarily. 1961—Subsec. (c). Pub. L. 87–301 provided that an immigrant visa issued to a child adopted by a United States citizen and spouse while such citizen is serving abroad in the United States Armed Forces or employed abroad by our Government, or temporarily abroad on business, shall remain valid to such time, but not exceeding three years, as the adoptive parent returns to the United States in due course of service, employment or business.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2004 AmendmentAmendment by Pub. L. 108–458 effective Dec. 17, 2004, and applicable to revocations under sections 1155 and 1201(i) of this title made before, on, or after such date, see section 5304(d) of Pub. L. 108–458, set out as a note under section 1155 of this title.
|
||||
|
||||
Effective Date of 1996 AmendmentAmendment by section 308(d)(4)(G), (f)(2)(B) 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 1991 AmendmentPub. L. 102–232, title III, § 302(e)(8), Dec. 12, 1991, 105 Stat. 1746, provided that the amendment made by section 302(e)(8) is effective as if included in section 162(e) of the Immigration Act of 1990, Pub. L. 101–649.
|
||||
|
||||
Effective Date of 1990 AmendmentAmendment by Pub. L. 101–649 applicable to individuals entering United States on or after June 1, 1991, see section 601(e)(1) of Pub. L. 101–649, set out as a note under section 1101 of this title.
|
||||
|
||||
Effective Date of 1986 AmendmentPub. L. 99–653, § 23(b), as added by Pub. L. 100–525, § 8(r), Oct. 24, 1988, 102 Stat. 2619, provided that: “The amendments made by sections 5, 6, 8, 9, and 10 [amending this section and sections 1202, 1301, 1302, and 1304 of this title and repealing section 1201a of this title] apply to applications for immigrant visas made, and visas issued, on or after November 14, 1986.”
|
||||
|
||||
Effective Date of 1981 AmendmentAmendment 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 1965 AmendmentFor 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.
|
||||
|
||||
Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.
|
||||
|
||||
Processing of Visa ApplicationsPub. L. 107–228, div. A, title II, § 233, Sept. 30, 2002, 116 Stat. 1373, provided that: “(a) In General.—It shall be the policy of the Department [of State] to process each visa application from an alien classified as an immediate relative or as a K–1 nonimmigrant within 30 days of the receipt of all necessary documents from the applicant and the Immigration and Naturalization Service. In the case of an immigrant visa application where the petitioner is a relative other than an immediate relative, it should be the policy of the Department to process such an application within 60 days of the receipt of all necessary documents from the applicant and the Immigration and Naturalization Service. “(b) Definitions.—In this section:“(1) Immediate relative.—The term ‘immediate relative’ has the meaning given the term in section 201(b)(2)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)). “(2) K–1 nonimmigrant.—The term ‘K–1 nonimmigrant’ means a nonimmigrant alien described in section 101(a)(15)(K)(i) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(K)(i)).”
|
||||
|
||||
Prevention of Consulate ShoppingPub. L. 107–56, title IV, § 418, Oct. 26, 2001, 115 Stat. 355, provided that: “(a) Review.—The Secretary of State shall review how consular officers issue visas to determine if consular shopping is a problem. “(b) Actions to be Taken.—If the Secretary of State determines under subsection (a) that consular shopping is a problem, the Secretary shall take steps to address the problem and shall submit a report to Congress describing what action was taken.” Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title II, § 237], Nov. 29, 1999, 113 Stat. 1536, 1501A–430, provided that: “(a) Policy.—It shall be the policy of the Department of State to process immigrant visa applications of immediate relatives of United States citizens and nonimmigrant K–1 visa applications of fiances of United States citizens within 30 days of the receipt of all necessary documents from the applicant and the Immigration and Naturalization Service. In the case of an immigrant visa application where the sponsor of such applicant is a relative other than an immediate relative, it should be the policy of the Department of State to process such an application within 60 days of the receipt of all necessary documents from the applicant and the Immigration and Naturalization Service. “(b) Reports.—Not later than 180 days after the date of enactment of this Act [Nov. 29, 1999], and not later than 1 year thereafter, the Secretary of State shall submit to the appropriate congressional committees [Committee on Foreign Affairs of the House of Representatives and Committee on Foreign Relations of the Senate] a report on the extent to which the Department of State is meeting the policy standards under subsection (a). Each report shall be based on a survey of the 22 consular posts which account for approximately 72 percent of immigrant visas issued and, in addition, the consular posts in Guatemala City, Nicosia, Caracas, Naples, and Jakarta. Each report should include data on the average time for processing each category of visa application under subsection (a), a list of the embassies and consular posts which do not meet the policy standards under subsection (a), the amount of funds collected worldwide for processing of visa applications during the most recent fiscal year, the estimated costs of processing such visa applications (based on the Department of State’s most recent fee study), the steps being taken by the Department of State to achieve such policy standards, and results achieved by the interagency working group charged with the goal of reducing the overall processing time for visa applications.”
|
||||
|
||||
Permitting Extension of Period of Validity of Immigrant Visas for Certain Residents of Hong KongPub. L. 101–649, title I, § 154, Nov. 29, 1990, 104 Stat. 5006, as amended by Pub. L. 102–232, title III, § 302(d)(4), Dec. 12, 1991, 105 Stat. 1745, provided that: “(a) Extending Period of Validity.—“(1) In general.—Subject to paragraph (2), the limitation on the period of validity of an immigrant visa under section 221(c) of the Immigration and Nationality Act [8 U.S.C. 1201(c)] shall not apply in the case of an immigrant visa issued, on or after the date of the enactment of this Act [Nov. 29, 1990] and before September 1, 2001, to an alien described in subsection (b), but only if—“(A) the alien elects, within the period of validity of the immigrant visa under such section, to have this section apply, and “(B) before the date the alien seeks to be admitted to the United States for lawful permanent residence, the alien notifies the appropriate consular officer of the alien’s intention to seek such admission and provides such officer with such information as the officer determines to be necessary to verify that the alien remains eligible for admission to the United States as an immigrant. “(2) Limitation on extension.—In no case shall the period of validity of a visa be extended under paragraph (1) beyond January 1, 2002. “(3) Treatment under numerical limitations.—In applying the numerical limitations of sections 201 and 202 of the Immigration and Nationality Act [8 U.S.C. 1151, 1152] in the case of aliens for whose visas the period of validity is extended under this section, such limitations shall only apply at the time of original issuance of the visas and not at the time of admission of such aliens. “(b) Aliens Covered.—An alien is described in this subsection if the alien—“(1)(A) is chargeable under section 202 of the Immigration and Nationality Act [8 U.S.C. 1152] to Hong Kong or China, and “(B)(i) is residing in Hong Kong as of the date of the enactment of this Act [Nov. 29, 1990] and is issued an immigrant visa under paragraph (1), (2), (4), or (5) of section 203(a) of the Immigration and Nationality Act [8 U.S.C. 1153(a)] (as in effect on the date of the enactment of this Act) or under section 203(a) or 203(b)(1) of such Act (as in effect on and after October 1, 1991), or (ii) is the spouse or child (as defined in subsection (d)) of an alien described in clause (i), if accompanying or following to join the alien in coming to the United States; or “(2) is issued a visa under section 124 of this Act [enacting provisions set out as a note under section 1153 of this title]. “(c) Treatment of Certain Employees in Hong Kong.—“(1) In general.—In applying the proviso of section 7 of the Central Intelligence Agency Act of 1949 [50 U.S.C. 3508], in the case of an alien described in paragraph (2), the Director may charge the entry of the alien against the numerical limitation for any fiscal year (beginning with fiscal year 1991 and ending with fiscal year 1996) notwithstanding that the alien’s entry is not made to the United States in that fiscal year so long as such entry is made before the end of fiscal year 1997. “(2) Aliens covered.—An alien is described in this paragraph if the alien—“(A) is an employee of the Foreign Broadcast Information Service in Hong Kong, or “(B) is the spouse or child (as defined in subsection (d)) of an alien described in subparagraph (A), if accompanying or following to join the alien in coming to the United States. “[(3) Repealed. Pub. L. 102–232, title III, § 302(d)(4)(C), Dec. 12, 1991, 105 Stat. 1745.] “(d) Treatment of Children.—In this section, the term ‘child’ has the meaning given such term in section 101(b)(1) of the Immigration and Nationality Act [8 U.S.C. 1101(b)(1)] and also includes (for purposes of this section and the Immigration and Nationality Act [8 U.S.C. 1101 et seq.] as it applies to this section) an alien who was the child (as so defined) of the alien as of the date of the issuance of an immigrant visa to the alien described in subsection (b)(1) or, in the case described in subsection (c), as of the date of charging of the entry of the alien under the proviso under section 7 of the Central Intelligence Agency Act of 1949 [50 U.S.C. 3508].” [Section 154 of Pub. L. 101–649 effective Nov. 29, 1990, and (unless otherwise provided) applicable to fiscal year 1991, see section 161(b) of Pub. L. 101–649, set out as an Effective Date of 1990 Amendment note under section 1101 of this title.]
|
||||
|
||||
Cuban Political Prisoners and ImmigrantsPub. L. 100–204, title IX, § 903, Dec. 22, 1987, 101 Stat. 1401, as amended by Pub. L. 104–208, div. C, title III, § 308(g)(7)(C)(iii), Sept. 30, 1996, 110 Stat. 3009–624, provided that: “(a) Processing of Certain Cuban Political Prisoners as Refugees.—In light of the announcement of the Government of Cuba on November 20, 1987, that it would reimplement immediately the agreement of December 14, 1984, establishing normal migration procedures between the United States and Cuba, on and after the date of the enactment of this Act [Dec. 22, 1987], consular officers of the Department of State and appropriate officers of the Immigration and Naturalization Service shall, in accordance with the procedures applicable to such cases in other countries, process any application for admission to the United States as a refugee from any Cuban national who was imprisoned for political reasons by the Government of Cuba on or after January 1, 1959, without regard to the duration of such imprisonment, except as may be necessary to reassure the orderly process of available applicants. “(b) Processing of Immigrant Visa Applications of Cuban Nationals in Third Countries.—Notwithstanding section 212(f) and section 243(d) of the Immigration and Nationality Act [8 U.S.C. 1182(f), 1253(d)], on and after the date of the enactment of this Act [Dec. 22, 1987], consular officers of the Department of State shall process immigrant visa applications by nationals of Cuba located in third countries on the same basis as immigrant visa applications by nationals of other countries. “(c) Definitions.—For purposes of this section:“(1) The term ‘process’ means the acceptance and review of applications and the preparation of necessary documents and the making of appropriate determinations with respect to such applications. “(2) The term ‘refugee’ has the meaning given such term in section 101(a)(42) of the Immigration and Nationality Act [8 U.S.C. 1101(a)(42)].” Pub. L. 100–202, § 101(a) [title VII], Dec. 22, 1987, 101 Stat. 1329, 1329–39, as amended by Pub. L. 104–208, div. C, title III, § 308(g)(7)(C)(ii), Sept. 30, 1996, 110 Stat. 3009–624, provided that: “Sec. 701. This title may be cited as ‘Cuban Political Prisoners and Immigrants’. “Sec. 702. (a) Processing of Certain Cuban Political Prisoners as Refugees.—In light of the announcement of the Government of Cuba on November 20, 1987, that it would reimplement immediately the agreement of December 14, 1984, establishing normal migration procedures between the United States and Cuba, on and after the date of enactment of this Act [Dec. 22, 1987], consular officer[s] of the Department of State and appropriate officers of the Immigration and Naturalization Service shall, in accordance with the procedures applicable to such cases in other countries, process any application for admission to the United States as a refugee from any Cuban national who was imprisoned for political reasons by the Government of Cuba on or after January 1, 1959, without regard to the duration of such imprisonment, except as may be necessary to reassure the orderly process of available applicants. “(b) Processing of Immigrant Visa Applications of Cuban Nationals in Third Countries.—Notwithstanding section 212(f) and section 243(d) of the Immigration and Nationality Act [8 U.S.C. 1182(f), 1253(d)], on and after the date of the enactment of this Act [Dec. 22, 1987], consular officers of the Department of State shall process immigrant visa applications by nationals of Cuba located in third countries on the same basis as immigrant visa applications by nationals of other countries. “(c) Definitions.—For purposes of this section:“(1) The term ‘process’ means the acceptance and review of applications and the preparation of necessary documents and the making of appropriate determinations with respect to such applications. “(2) The term ‘refugee’ has the meaning given such term in section 101(a)(42) of the Immigration and Nationality Act [8 U.S.C. 1101(a)(42)].”
|
||||
@@ -0,0 +1,37 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 1201a"
|
||||
description: "Repealed. Pub. L. 99–653, § 5(b), formerly § 5(a)(d), Nov. 14, 1986, 100 Stat. 3656, renumbered § 5(b), Pub. L. 100–525, § 8(d)(2), Oct. 24, 1988, 102 Stat. 2617"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "12"
|
||||
chapter_name: "IMMIGRATION AND NATIONALITY"
|
||||
section: "1201a"
|
||||
citation: "8 U.S.C. § 1201a"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s1201a"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "6cf9336508cbafda43a54d3b058398bd35a1558318d78aeea91562cdced22c07"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "548309ac03e8378a3d3c501616ee96fd9535919cabf63d7bf1c943a5f58c5112"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 1201a - Repealed. Pub. L. 99–653, § 5(b), formerly § 5(a)(d), Nov. 14, 1986, 100 Stat. 3656, renumbered § 5(b), Pub. L. 100–525, § 8(d)(2), Oct. 24, 1988, 102 Stat. 2617
|
||||
|
||||
## Notes
|
||||
|
||||
Section, Pub. L. 85–316, § 8, Sept. 11, 1957, 71 Stat. 641, related to waiver of fingerprinting requirements for nonimmigrant aliens.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of RepealRepeal applicable to applications for immigrant visas made, and visas issued, on or after Nov. 14, 1986, see section 23(b) of Pub. L. 99–653, set out as an Effective Date of 1986 Amendment note under section 1201 of this title.
|
||||
@@ -0,0 +1,145 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 1202"
|
||||
description: "Application for visas"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "12"
|
||||
chapter_name: "IMMIGRATION AND NATIONALITY"
|
||||
section: "1202"
|
||||
citation: "8 U.S.C. § 1202"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s1202"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "ed80de66b9d8daa58cea41e0400410b778090d730bec493f466c100f52ce6d87"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "d2b66ca6f6f97b4d6c06b787fb3fd5b9acd6a4d1412c0cc70cef007788dee009"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 1202 - Application for visas
|
||||
|
||||
## Text
|
||||
|
||||
(a) Immigrant visas Every alien applying for an immigrant visa and for alien registration shall make application therefor in such form and manner and at such place as shall be by regulations prescribed. In the application the alien shall state his full and true name, and any other name which he has used or by which he has been known; age and sex; the date and place of his birth; and such additional information necessary to the identification of the applicant and the enforcement of the immigration and nationality laws as may be by regulations prescribed.
|
||||
|
||||
(b) Other documentary evidence for immigrant visa Every alien applying for an immigrant visa shall present a valid unexpired passport or other suitable travel document, or document of identity and nationality, if such document is required under the regulations issued by the Secretary of State. The immigrant shall furnish to the consular officer with his application a copy of a certification by the appropriate police authorities stating what their records show concerning the immigrant; a certified copy of any existing prison record, military record, and record of his birth; and a certified copy of all other records or documents concerning him or his case which may be required by the consular officer. The copy of each document so furnished shall be permanently attached to the application and become a part thereof. In the event that the immigrant establishes to the satisfaction of the consular officer that any document or record required by this subsection is unobtainable, the consular officer may permit the immigrant to submit in lieu of such document or record other satisfactory evidence of the fact to which such document or record would, if obtainable, pertain. All immigrant visa applications shall be reviewed and adjudicated by a consular officer.
|
||||
|
||||
(c) Nonimmigrant visas; nonimmigrant registration; form, manner and contents of application Every alien applying for a nonimmigrant visa and for alien registration shall make application therefor in such form and manner as shall be by regulations prescribed. In the application the alien shall state his full and true name, the date and place of birth, his nationality, the purpose and length of his intended stay in the United States; his marital status; and such additional information necessary to the identification of the applicant, the determination of his eligibility for a nonimmigrant visa, and the enforcement of the immigration and nationality laws as may be by regulations prescribed. The alien shall provide complete and accurate information in response to any request for information contained in the application. At the discretion of the Secretary of State, application forms for the various classes of nonimmigrant admissions described in section 1101(a)(15) of this title may vary according to the class of visa being requested.
|
||||
|
||||
(d) Other documentary evidence for nonimmigrant visa Every alien applying for a nonimmigrant visa and alien registration shall furnish to the consular officer, with his application, a certified copy of such documents pertaining to him as may be by regulations required. All nonimmigrant visa applications shall be reviewed and adjudicated by a consular officer.
|
||||
|
||||
(e) Signing and verification of application Except as may be otherwise prescribed by regulations, each application for an immigrant visa shall be signed by the applicant in the presence of the consular officer, and verified by the oath of the applicant administered by the consular officer. The application for an immigrant visa, when visaed by the consular officer, shall become the immigrant visa. The application for a nonimmigrant visa or other documentation as a nonimmigrant shall be disposed of as may be by regulations prescribed. The issuance of a nonimmigrant visa shall, except as may be otherwise by regulations prescribed, be evidenced by a stamp, or other 11 So in original. placed in the alien’s passport.
|
||||
|
||||
(f) Confidential nature of records The records of the Department of State and of diplomatic and consular offices of the United States pertaining to the issuance or refusal of visas or permits to enter the United States shall be considered confidential and shall be used only for the formulation, amendment, administration, or enforcement of the immigration, nationality, and other laws of the United States, except that—
|
||||
|
||||
(1) in the discretion of the Secretary of State certified copies of such records may be made available to a court which certifies that the information contained in such records is needed by the court in the interest of the ends of justice in a case pending before the court.22 So in original. The period probably should be “; and”.
|
||||
|
||||
(2) the Secretary of State, in the Secretary’s discretion and on the basis of reciprocity, may provide to a foreign government information in the Department of State’s computerized visa lookout database and, when necessary and appropriate, other records covered by this section related to information in the database—
|
||||
|
||||
(A) with regard to individual aliens, at any time on a case-by-case basis for the purpose of preventing, investigating, or punishing acts that would constitute a crime in the United States, including, but not limited to, terrorism or trafficking in controlled substances, persons, or illicit weapons; or
|
||||
|
||||
(B) with regard to any or all aliens in the database, pursuant to such conditions as the Secretary of State shall establish in an agreement with the foreign government in which that government agrees to use such information and records for the purposes described in subparagraph (A) or to deny visas to persons who would be inadmissible to the United States.
|
||||
|
||||
(g) Nonimmigrant visa void at conclusion of authorized period of stay (1) In the case of an alien who has been admitted on the basis of a nonimmigrant visa and remained in the United States beyond the period of stay authorized by the Attorney General, such visa shall be void beginning after the conclusion of such period of stay.
|
||||
|
||||
(2) An alien described in paragraph (1) shall be ineligible to be readmitted to the United States as a nonimmigrant, except—
|
||||
|
||||
(A) on the basis of a visa (other than the visa described in paragraph (1)) issued in a consular office located in the country of the alien’s nationality (or, if there is no office in such country, in such other consular office as the Secretary of State shall specify); or
|
||||
|
||||
(B) where extraordinary circumstances are found by the Secretary of State to exist.
|
||||
|
||||
(h) In person interview with consular officer Notwithstanding any other provision of this chapter, the Secretary of State shall require every alien applying for a nonimmigrant visa—
|
||||
|
||||
(1) who is at least 14 years of age and not more than 79 years of age to submit to an in person interview with a consular officer unless the requirement for such interview is waived—
|
||||
|
||||
(A) by a consular official and such alien is—
|
||||
|
||||
(i) within that class of nonimmigrants enumerated in subparagraph (A) or (G) of section 1101(a)(15) of this title;
|
||||
|
||||
(ii) within the NATO visa category;
|
||||
|
||||
(iii) within that class of nonimmigrants enumerated in section 1101(a)(15)(C)(iii) 33 So in original. Subpar. (C) of section 1101(a)(15) does not contain clauses. of this title (referred to as the “C–3 visa” category); or
|
||||
|
||||
(iv) granted a diplomatic or official visa on a diplomatic or official passport or on the equivalent thereof;
|
||||
|
||||
(B) by a consular official and such alien is applying for a visa—
|
||||
|
||||
(i) not more than 12 months after the date on which such alien’s prior visa expired;
|
||||
|
||||
(ii) for the visa classification for which such prior visa was issued;
|
||||
|
||||
(iii) from the consular post located in the country of such alien’s usual residence, unless otherwise prescribed in regulations that require an applicant to apply for a visa in the country of which such applicant is a national; and
|
||||
|
||||
(iv) the consular officer has no indication that such alien has not complied with the immigration laws and regulations of the United States; or
|
||||
|
||||
(C) by the Secretary of State if the Secretary determines that such waiver is—
|
||||
|
||||
(i) in the national interest of the United States; or
|
||||
|
||||
(ii) necessary as a result of unusual or emergent circumstances; and
|
||||
|
||||
(2) notwithstanding paragraph (1), to submit to an in person interview with a consular officer if such alien—
|
||||
|
||||
(A) is not a national or resident of the country in which such alien is applying for a visa;
|
||||
|
||||
(B) was previously refused a visa, unless such refusal was overcome or a waiver of ineligibility has been obtained;
|
||||
|
||||
(C) is listed in the Consular Lookout and Support System (or successor system at the Department of State);
|
||||
|
||||
(D) is a national of a country officially designated by the Secretary of State as a state sponsor of terrorism, except such nationals who possess nationalities of countries that are not designated as state sponsors of terrorism;
|
||||
|
||||
(E) requires a security advisory opinion or other Department of State clearance, unless such alien is—
|
||||
|
||||
(i) within that class of nonimmigrants enumerated in subparagraph (A) or (G) of section 1101(a)(15) of this title;
|
||||
|
||||
(ii) within the NATO visa category;
|
||||
|
||||
(iii) within that class of nonimmigrants enumerated in section 1101(a)(15)(C)(iii) 3 of this title (referred to as the “C–3 visa” category); or
|
||||
|
||||
(iv) an alien who qualifies for a diplomatic or official visa, or its equivalent; or
|
||||
|
||||
(F) is identified as a member of a group or sector that the Secretary of State determines—
|
||||
|
||||
(i) poses a substantial risk of submitting inaccurate information in order to obtain a visa;
|
||||
|
||||
(ii) has historically had visa applications denied at a rate that is higher than the average rate of such denials; or
|
||||
|
||||
(iii) poses a security threat to the United States.
|
||||
|
||||
(June 27, 1952, ch. 477, title II, ch. 3, § 222, 66 Stat. 193; Pub. L. 87–301, § 6, Sept. 26, 1961, 75 Stat. 653; Pub. L. 89–236, § 11(c), Oct. 3, 1965, 79 Stat. 918; Pub. L. 99–653, § 6, Nov. 14, 1986, 100 Stat. 3656; Pub. L. 100–525, §§ 8(e), 9(j), Oct. 24, 1988, 102 Stat. 2617, 2620; Pub. L. 103–416, title II, § 205(a), Oct. 25, 1994, 108 Stat. 4311; Pub. L. 104–208, div. C, title VI, §§ 632(a), 634, Sept. 30, 1996, 110 Stat. 3009–701; Pub. L. 107–56, title IV, § 413, Oct. 26, 2001, 115 Stat. 353; Pub. L. 108–458, title V, §§ 5301(a), 5302, title VII, § 7203(b), Dec. 17, 2004, 118 Stat. 3735, 3736, 3814.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThis chapter, referred to in subsec. (h), was in the original, “this Act”, meaning act June 27, 1952, ch. 477, 66 Stat. 163, 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 under section 1101 of this title and Tables.
|
||||
|
||||
Amendments2004—Subsec. (b). Pub. L. 108–458, § 7203(b)(1), inserted at end “All immigrant visa applications shall be reviewed and adjudicated by a consular officer.” Subsec. (c). Pub. L. 108–458, § 5302, inserted after second sentence “The alien shall provide complete and accurate information in response to any request for information contained in the application.” Subsec. (d). Pub. L. 108–458, § 7203(b)(2), inserted at end “All nonimmigrant visa applications shall be reviewed and adjudicated by a consular officer.” Subsec. (h). Pub. L. 108–458, § 5301(a), added subsec. (h). 2001—Subsec. (f). Pub. L. 107–56 inserted “—” after “except that” and “(1)” before “in the discretion”, and added par. (2). 1996—Subsec. (c). Pub. L. 104–208, § 634(a), struck out “personal description (including height, complexion, color of hair and eyes, and marks of identification);” after “United States;”, substituted “applicant, the determination of his eligibility for a nonimmigrant visa,” for “applicant”, and inserted at end “At the discretion of the Secretary of State, application forms for the various classes of nonimmigrant admissions described in section 1101(a)(15) of this title may vary according to the class of visa being requested.” Subsec. (e). Pub. L. 104–208, § 634(b), in first sentence, substituted “for an immigrant visa” for “required by this section”, and in fourth sentence, substituted “stamp, or other” for “stamp” and struck out “by the consular officer” before “in the alien’s passport”. Subsec. (g). Pub. L. 104–208, § 632(a), added subsec. (g). 1994—Subsec. (a). Pub. L. 103–416, § 205(a), in second sentence substituted “the alien” for “the immigrant” after “In the application” and struck out “present address and places of previous residence; whether married or single, and the names and places of residence of spouse and children, if any; calling or occupation; personal description (including height, complexion, color of hair and eyes, and marks of identification); languages he can speak, read, or write; names and addresses of parents, and if neither parent living then the name and address of his next of kin in the country from which he comes; port of entry into the United States; final destination, if any, beyond the port of entry; whether he has a ticket through to such final destination; whether going to join a relative or friend, and, if so, the name and complete address of such relative or friend; the purpose for which he is going to the United States; the length of time he intends to remain in the United States; whether or not he intends to remain in the United States permanently; whether he was ever arrested, convicted or was ever in prison or almshouse; whether he has ever been the beneficiary of a pardon or an amnesty; whether he has ever been treated in an institution or hospital or other place for insanity or other mental disease; if he claims to be an immediate relative within the meaning of section 1151(b) of this title or a preference or special immigrant, the facts on which he bases such claim; whether or not he is a member of any class of individuals excluded from admission into the United States, or whether he claims to be exempt from exclusion under the immigration laws;” before “and such additional information”. 1988—Subsec. (a). Pub. L. 100–525, § 9(j), substituted “whether or not he intends” for “whether or not be intends”. Subsecs. (b), (e). Pub. L. 100–525, § 8(e), made technical correction to Pub. L. 99–653, § 6. See 1986 Amendment note below. 1986—Subsec. (b). Pub. L. 99–653, § 6(a), as amended by Pub. L. 100–525, § 8(e)(1), substituted “a copy of” for “two copies of”, “immigrant; a certified copy of” for “immigrant; two certified copies of”, “and a certified copy of” for “and two certified copies of”, “The copy of each” for “One copy of each”, and “attached to the” for “attached to each copy of the”. Subsec. (e). Pub. L. 99–653, § 6(b), as amended by Pub. L. 100–525, § 8(e)(2), substituted “each application” for “each copy of an application”, “The application for” for “One copy of the application for”, and “the immigrant visa” for “the immigrant visa, and the other copy shall be disposed of as may be by regulations prescribed”. 1965—Subsec. (a). Pub. L. 89–236 substituted “an immediate relative within the meaning of section 1151 (b) of this title or a preference or special immigrant”, for “preference quota or a nonquota immigrant”. 1961—Subsecs. (a), (c). Pub. L. 87–301 struck out requirement to state applicant’s race and ethnic classification.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2004 AmendmentPub. L. 108–458, title V, § 5303, Dec. 17, 2004, 118 Stat. 3736, provided that: “Notwithstanding section 1086 [Pub. L. 108–458 does not contain a section 1086] or any other provision of this Act [see Tables for classification], sections 5301 and 5302 [amending this section] shall take effect 90 days after the date of enactment of this Act [Dec. 17, 2004].” Pub. L. 108–458, title VII, § 7219, Dec. 17, 2004, 118 Stat. 3835, provided that: “Notwithstanding any other provision of this Act [see Tables for classification], this subtitle [subtitle B (§§ 7201–7220) of title VII of Pub. L. 108–458, see Tables for classification] shall take effect on the date of enactment of this Act [Dec. 17, 2004].”
|
||||
|
||||
Effective Date of 1996 AmendmentPub. L. 104–208, div. C, title VI, § 632(b), Sept. 30, 1996, 110 Stat. 3009–701, provided that: “(1) Visas.—Section 222(g)(1) of the Immigration and Nationality Act [8 U.S.C. 1202(g)(1)], as added by subsection (a), shall apply to a visa issued before, on, or after the date of the enactment of this Act [Sept. 30, 1996]. “(2) Aliens seeking readmission.—Section 222(g)(2) of the Immigration and Nationality Act, as added by subsection (a), shall apply to any alien applying for readmission to the United States after the date of the enactment of this Act, except an alien applying for readmission on the basis on a visa that—“(A) was issued before such date; and “(B) is not void through the application of section 222(g)(1) of the Immigration and Nationality Act, as added by subsection (a).”
|
||||
|
||||
Effective Date of 1994 AmendmentPub. L. 103–416, title II, § 205(b), Oct. 25, 1994, 108 Stat. 4311, provided that: “The amendments made by subsection (a) [amending this section] shall apply to applications made on or after the date of the enactment of this Act [Oct. 25, 1994].”
|
||||
|
||||
Effective Date of 1988 AmendmentAmendment by section 8(e) of Pub. L. 100–525 effective as if included in the enactment of the Immigration and Nationality Act Amendments of 1986, Pub. L. 99–653, see section 309(b)(15) of Pub. L. 102–232, set out as an Effective and Termination Dates of 1988 Amendments note under section 1101 of this title.
|
||||
|
||||
Effective Date of 1986 AmendmentAmendment by Pub. L. 99–653 applicable to applications for immigrant visas made, and visas issued, on or after Nov. 14, 1986, see section 23(b) of Pub. L. 99–653, set out as a note under section 1201 of this title.
|
||||
|
||||
Effective Date of 1965 AmendmentFor 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.
|
||||
|
||||
Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.
|
||||
|
||||
Sharing of Certain InformationPub. L. 109–162, title VIII, § 834, Jan. 5, 2006, 119 Stat. 3077, provided that: “Section 222(f) of the Immigration and Nationality Act (8 U.S.C. 1202(f)) shall not be construed to prevent the sharing of information regarding a United States petitioner for a visa under clause (i) or (ii) of section 101(a)(15)(K) of such Act (8 U.S.C. 1101(a)(15)(K)) for the limited purposes of fulfilling disclosure obligations imposed by the amendments made by section 832(a) [amending section 1184 of this title] or by section 833 [enacting section 1375a of this title], including reporting obligations of the Comptroller General of the United States under section 833(f).”
|
||||
@@ -0,0 +1,57 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 1203"
|
||||
description: "Reentry permit"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "12"
|
||||
chapter_name: "IMMIGRATION AND NATIONALITY"
|
||||
section: "1203"
|
||||
citation: "8 U.S.C. § 1203"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s1203"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "7ad9b441cbedcd480d1c3e6d5096fd1fdc47485b077dac04bbfd2527bde261b9"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "87e32e123df1c95db94c65569059947b4bff3f1a854c80f3ea373018218471ec"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 1203 - Reentry permit
|
||||
|
||||
## Text
|
||||
|
||||
(a) Application; contents (1) Any alien lawfully admitted for permanent residence, or (2) any alien lawfully admitted to the United States pursuant to clause 6 of section 3 of the Immigration Act of 1924, between July 1, 1924, and July 5, 1932, both dates inclusive, who intends to depart temporarily from the United States may make application to the Attorney General for a permit to reenter the United States, stating the length of his intended absence or absences, and the reasons therefor. Such applications shall be made under oath, and shall be in such form, contain such information, and be accompanied by such photographs of the applicant as may be by regulations prescribed.
|
||||
|
||||
(b) Issuance of permit; nonrenewability If the Attorney General finds (1) that the applicant under subsection (a)(1) has been lawfully admitted to the United States for permanent residence, or that the applicant under subsection (a)(2) has since admission maintained the status required of him at the time of his admission and such applicant desires to visit abroad and to return to the United States to resume the status existing at the time of his departure for such visit, (2) that the application is made in good faith, and (3) that the alien’s proposed departure from the United States would not be contrary to the interests of the United States, the Attorney General may, in his discretion, issue the permit, which shall be valid for not more than two years from the date of issuance and shall not be renewable. The permit shall be in such form as shall be by regulations prescribed for the complete identification of the alien.
|
||||
|
||||
(c) Multiple reentries During the period of validity, such permit may be used by the alien in making one or more applications for reentry into the United States.
|
||||
|
||||
(d) Presented and surrendered Upon the return of the alien to the United States the permit shall be presented to the immigration officer at the port of entry, and upon the expiration of its validity, the permit shall be surrendered to the Service.
|
||||
|
||||
(e) Permit in lieu of visa A permit issued under this section in the possession of the person to whom issued, shall be accepted in lieu of any visa which otherwise would be required from such person under this chapter. Otherwise a permit issued under this section shall have no effect under the immigration laws except to show that the alien to whom it was issued is returning from a temporary visit abroad; but nothing in this section shall be construed as making such permit the exclusive means of establishing that the alien is so returning.
|
||||
|
||||
(June 27, 1952, ch. 477, title II, ch. 3, § 223, 66 Stat. 194; Pub. L. 97–116, § 6, Dec. 29, 1981, 95 Stat. 1615.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextClause (6) of section 3 of the Immigration Act of 1924, referred to in subsec. (a), which was classified to section 203(6) of this title, was repealed by section 403(a)(2) of act June 27, 1952. See section 1101(a)(15)(E) of this title. This chapter, referred to in subsec. (e), was in the original, “this Act”, meaning act June 27, 1952, ch. 477, 66 Stat. 163, 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 under section 1101 of this title and Tables.
|
||||
|
||||
Amendments1981—Subsec. (b). Pub. L. 97–116 substituted “two years from the date of issuance and shall not be renewable” for “one year from the date of issuance: Provided, That the Attorney General may in his discretion extend the validity of the permit for a period or periods not exceeding one year in the aggregate”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1981 AmendmentAmendment 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.
|
||||
|
||||
Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.
|
||||
@@ -0,0 +1,47 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 1204"
|
||||
description: "Immediate relative and special immigrant visas"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "12"
|
||||
chapter_name: "IMMIGRATION AND NATIONALITY"
|
||||
section: "1204"
|
||||
citation: "8 U.S.C. § 1204"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s1204"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "59fc0bb32f0aef48d4073cd2144b700bfee0773cf7cb83f88288f29a2be3eeca"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "ec33f66a52d5a1fbb0f3561f0c1eec53d81073261107cc7bd7c8ea8c218ba16f"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 1204 - Immediate relative and special immigrant visas
|
||||
|
||||
## Text
|
||||
|
||||
A consular officer may, subject to the limitations provided in section 1201 of this title, issue an immigrant visa to a special immigrant or immediate relative as such upon satisfactory proof, under regulations prescribed under this chapter, that the applicant is entitled to special immigrant or immediate relative status.
|
||||
|
||||
(June 27, 1952, ch. 477, title II, ch. 3, § 224, 66 Stat. 195; Pub. L. 89–236, § 11(d), Oct. 3, 1965, 79 Stat. 918.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThis chapter, referred to in text, was in the original, “this Act”, meaning act June 27, 1952, ch. 477, 66 Stat. 163, 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 under section 1101 of this title and Tables.
|
||||
|
||||
Amendments1965—Pub. L. 89–236 struck out reference to sections 1154 and 1155 of this title and substituted “special immigrant or immediate relative” for “nonquota immigrant”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1965 AmendmentFor 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.
|
||||
@@ -0,0 +1,33 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 1205"
|
||||
description: "Repealed. Pub. L. 87–301, § 24(a)(2), Sept. 26, 1961, 75 Stat. 657"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "12"
|
||||
chapter_name: "IMMIGRATION AND NATIONALITY"
|
||||
section: "1205"
|
||||
citation: "8 U.S.C. § 1205"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s1205"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "a1ac0dceb3e46b253865222bf12db1374ecbd35147bf21eefa45e803344551f1"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "4dd589d16f05229ea1bea38130019a33b49b1307edecc87a8a5d33bcca8ca3b9"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 1205 - Repealed. Pub. L. 87–301, § 24(a)(2), Sept. 26, 1961, 75 Stat. 657
|
||||
|
||||
## Notes
|
||||
|
||||
Section, Pub. L. 85–316, § 4, Sept. 11, 1957, 71 Stat. 639; Pub. L. 86–253, § 2, Sept. 9, 1959, 73 Stat. 490; Pub. L. 86–648, § 7, July 14, 1960, 74 Stat. 505, related to nonquota immigrant visas for eligible orphans.
|
||||
@@ -0,0 +1,95 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 1221"
|
||||
description: "Lists of alien and citizen passengers arriving and departing"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "12"
|
||||
chapter_name: "IMMIGRATION AND NATIONALITY"
|
||||
section: "1221"
|
||||
citation: "8 U.S.C. § 1221"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s1221"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "f6472faac72171fa8cf714a521ffc4b2b1c96e999f7eccbdd8a1aaf53d1844cc"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "493c6ec1854595ce6b79c240337e14b21162653973a95c8f8b86b83922002e46"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 1221 - Lists of alien and citizen passengers arriving and departing
|
||||
|
||||
## Text
|
||||
|
||||
(a) Arrival manifests For each commercial vessel or aircraft transporting any person to any seaport or airport of the United States from any place outside the United States, it shall be the duty of an appropriate official specified in subsection (d) to provide to any United States border officer (as defined in subsection (i)) at that port manifest information about each passenger, crew member, and other occupant transported on such vessel or aircraft prior to arrival at that port.
|
||||
|
||||
(b) Departure manifests For each commercial vessel or aircraft taking passengers on board at any seaport or airport of the United States, who are destined to any place outside the United States, it shall be the duty of an appropriate official specified in subsection (d) to provide any United States border officer (as defined in subsection (i)) before departure from such port manifest information about each passenger, crew member, and other occupant to be transported.
|
||||
|
||||
(c) Contents of manifest The information to be provided with respect to each person listed on a manifest required to be provided under subsection (a) or (b) shall include—
|
||||
|
||||
(1) complete name;
|
||||
|
||||
(2) date of birth;
|
||||
|
||||
(3) citizenship;
|
||||
|
||||
(4) sex;
|
||||
|
||||
(5) passport number and country of issuance;
|
||||
|
||||
(6) country of residence;
|
||||
|
||||
(7) United States visa number, date, and place of issuance, where applicable;
|
||||
|
||||
(8) alien registration number, where applicable;
|
||||
|
||||
(9) United States address while in the United States; and
|
||||
|
||||
(10) such other information the Attorney General, in consultation with the Secretary of State, and the Secretary of Treasury determines as being necessary for the identification of the persons transported and for the enforcement of the immigration laws and to protect safety and national security.
|
||||
|
||||
(d) Appropriate officials specified An appropriate official specified in this subsection is the master or commanding officer, or authorized agent, owner, or consignee, of the commercial vessel or aircraft concerned.
|
||||
|
||||
(e) Deadline for requirement of electronic transmission of manifest information Not later than January 1, 2003, manifest information required to be provided under subsection (a) or (b) shall be transmitted electronically by the appropriate official specified in subsection (d) to an immigration officer.
|
||||
|
||||
(f) Prohibition No operator of any private or public carrier that is under a duty to provide manifest information under this section shall be granted clearance papers until the appropriate official specified in subsection (d) has complied with the requirements of this subsection, except that, in the case of commercial vessels or aircraft that the Attorney General determines are making regular trips to the United States, the Attorney General may, when expedient, arrange for the provision of manifest information of persons departing the United States at a later date.
|
||||
|
||||
(g) Penalties against noncomplying shipments, aircraft, or carriers If it shall appear to the satisfaction of the Attorney General that an appropriate official specified in subsection (d), any public or private carrier, or the agent of any transportation line, as the case may be, has refused or failed to provide manifest information required by subsection (a) or (b), or that the manifest information provided is not accurate and full based on information provided to the carrier, such official, carrier, or agent, as the case may be, shall pay to the Commissioner the sum of $1,000 for each person with respect to whom such accurate and full manifest information is not provided, or with respect to whom the manifest information is not prepared as prescribed by this section or by regulations issued pursuant thereto. No commercial vessel or aircraft shall be granted clearance pending determination of the question of the liability to the payment of such penalty, or while it remains unpaid, and no such penalty shall be remitted or refunded, except that clearance may be granted prior to the determination of such question upon the deposit with the Commissioner of a bond or undertaking approved by the Attorney General or a sum sufficient to cover such penalty.
|
||||
|
||||
(h) Waiver The Attorney General may waive the requirements of subsection (a) or (b) upon such circumstances and conditions as the Attorney General may by regulation prescribe.
|
||||
|
||||
(i) United States border officer defined In this section, the term “United States border officer” means, with respect to a particular port of entry into the United States, any United States official who is performing duties at that port of entry.
|
||||
|
||||
(j) Record of citizens and resident aliens leaving permanently for foreign countries The Attorney General may authorize immigration officers to record the following information regarding every resident person leaving the United States by way of the Canadian or Mexican borders for permanent residence in a foreign country: Names, age, and sex; whether married or single; calling or occupation; whether able to read or write; nationality; country of birth; country of which citizen or subject; race; last permanent residence in the United States; intended future permanent residence; and time and port of last arrival in the United States; and if a United States citizen or national, the facts on which claim to that status is based.
|
||||
|
||||
(June 27, 1952, ch. 477, title II, ch. 4, § 231, 66 Stat. 195; Pub. L. 97–116, § 18(g), Dec. 29, 1981, 95 Stat. 1620; Pub. L. 101–649, title V, § 543(a)(1), Nov. 29, 1990, 104 Stat. 5057; Pub. L. 102–232, title III, § 306(c)(4)(A), Dec. 12, 1991, 105 Stat. 1752; Pub. L. 104–208, div. C, title III, § 308(g)(1), Sept. 30, 1996, 110 Stat. 3009–622; Pub. L. 107–77, title I, § 115, Nov. 28, 2001, 115 Stat. 768; Pub. L. 107–173, title IV, § 402(a), May 14, 2002, 116 Stat. 557.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2002—Pub. L. 107–173 added subsecs. (a) to (i), redesignated former subsec. (c) as (j), and struck out former subsecs. (a), (b), (d), and (e), which related to shipment or aircraft manifest, arrival, form and contents, exclusions in subsec. (a), departure, shipment or aircraft manifest, form and contents, and exclusions in subsec. (b), penalties against noncomplying shipments or aircraft in subsec. (d), and waiver of requirements in subsec. (e). 2001—Subsec. (a). Pub. L. 107–77, § 115(a), amended subsec. (a) generally. Prior to amendment subsec. (a) read as follows: “Upon the arrival of any person by water or by air at any port within the United States from any place outside the United States, it shall be the duty of the master or commanding officer, or authorized agent, owner, or consignee of the vessel or aircraft, having any such person on board to deliver to the immigration officers at the port of arrival typewritten or printed lists or manifests of the persons on board such vessel or aircraft. Such lists or manifests shall be prepared at such time, be in such form and shall contain such information as the Attorney General shall prescribe by regulation as being necessary for the identification of the persons transported and for the enforcement of the immigration laws. This subsection shall not require the master or commanding officer, or authorized agent, owner, or consignee of a vessel or aircraft to furnish a list or manifest relating (1) to an alien crewman or (2) to any other person arriving by air on a trip originating in foreign contiguous territory, except (with respect to such arrivals by air) as may be required by regulations issued pursuant to section 1224 of this title.” Subsec. (b). Pub. L. 107–77, § 115(b), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “It shall be the duty of the master or commanding officer or authorized agent of every vessel or aircraft taking passengers on board at any port of the United States, who are destined to any place outside the United States, to file with the immigration officers before departure from such port a list of all such persons taken on board. Such list shall be in such form, contain such information, and be accompanied by such documents, as the Attorney General shall prescribe by regulation as necessary for the identification of the persons so transported and for the enforcement of the immigration laws. No master or commanding officer of any such vessel or aircraft shall be granted clearance papers for his vessel or aircraft until he or the authorized agent has deposited such list or lists and accompanying documents with the immigration officer at such port and made oath that they are full and complete as to the information required to be contained therein, except that in the case of vessels or aircraft which the Attorney General determines are making regular trips to ports of the United States, the Attorney General may, when expedient, arrange for the delivery of lists of outgoing persons at a later date. This subsection shall not require the master or commanding officer, or authorized agent, owner, or consignee of a vessel or aircraft to furnish a list or manifest relating (1) to an alien crewman or (2) to any other person departing by air on a trip originating in the United States who is destined to foreign contiguous territory, except (with respect to such departure by air) as may be required by regulations issued pursuant to section 1224 of this title.” Subsec. (d). Pub. L. 107–77, § 115(c), directed amendment of heading by substituting “shipments, aircraft or carriers” for “shipments or aircraft” and, in text inserted “, any public or private carrier,” after “or aircraft,” in first sentence and substituted “vessel, aircraft, train or bus” for “vessel or aircraft” in second sentence. 1996—Subsecs. (a), (b). Pub. L. 104–208 substituted “section 1224” for “section 1229”. 1991—Subsec. (d). Pub. L. 102–232 substituted “Commissioner” for “collector of customs” after “deposit with the”. 1990—Subsec. (d). Pub. L. 101–649 substituted “Commissioner the sum of $300” for “collector of customs at the port of arrival or departure the sum of $10”. 1981—Subsec. (d). Pub. L. 97–116 substituted “subsection” for “subsections”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2002 AmendmentPub. L. 107–173, title IV, § 402(c), May 14, 2002, 116 Stat. 559, provided that: “The amendments made by subsection (a) [amending this section] shall apply with respect to persons arriving in, or departing from, the United States on or after the date of enactment of this Act [May 14, 2002].”
|
||||
|
||||
Effective Date of 1996 AmendmentAmendment by 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 1991 AmendmentAmendment by 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 AmendmentPub. L. 101–649, title V, § 543(c), Nov. 29, 1990, 104 Stat. 5059, provided that: “The amendments made by subsections (a) and (b) [amending this section and sections 1227, 1229, 1282, 1284 to 1287, 1321 to 1323, and 1325 to 1328 of this title] shall apply to actions taken after the date of the enactment of this Act [Nov. 29, 1990].”
|
||||
|
||||
Effective Date of 1981 AmendmentAmendment 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.
|
||||
|
||||
Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.
|
||||
|
||||
Extension to Land CarriersPub. L. 107–173, title IV, § 402(b), May 14, 2002, 116 Stat. 559, directed the President to conduct a study, to be reported to Congress within 2 years after May 14, 2002, regarding the feasibility of extending the requirements of subsections (a) and (b) of this section to any commercial carrier transporting persons by land to or from the United States, with a focus on the manner in which such requirement would be implemented to enhance the national security of the United States and the efficient cross-border flow of commerce and persons.
|
||||
@@ -0,0 +1,59 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 1222"
|
||||
description: "Detention of aliens for physical and mental examination"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "12"
|
||||
chapter_name: "IMMIGRATION AND NATIONALITY"
|
||||
section: "1222"
|
||||
citation: "8 U.S.C. § 1222"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s1222"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "dbbee7efbb162d5f639430b81fc31b876ddf1956edc3ee2af691cab64a68153e"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "8dfdc89e5788bfbe880a04a4a3589518d28bb30726878f375987eef92cd7ee5e"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 1222 - Detention of aliens for physical and mental examination
|
||||
|
||||
## Text
|
||||
|
||||
(a) Detention of aliens For the purpose of determining whether aliens (including alien crewmen) arriving at ports of the United States belong to any of the classes inadmissible under this chapter, by reason of being afflicted with any of the diseases or mental or physical defects or disabilities set forth in section 1182(a) of this title, or whenever the Attorney General has received information showing that any aliens are coming from a country or have embarked at a place where any of such diseases are prevalent or epidemic, such aliens shall be detained by the Attorney General for a sufficient time to enable the immigration officers and medical officers to subject such aliens to observation and an examination sufficient to determine whether or not they belong to inadmissible classes.
|
||||
|
||||
(b) Physical and mental examination The physical and mental examination of arriving aliens (including alien crewmen) shall be made by medical officers of the United States Public Health Service, who shall conduct all medical examinations and shall certify, for the information of the immigration officers and the immigration judges, any physical and mental defect or disease observed by such medical officers in any such alien. If medical officers of the United States Public Health Service are not available, civil surgeons of not less than four years’ professional experience may be employed for such service upon such terms as may be prescribed by the Attorney General. Aliens (including alien crewmen) arriving at ports of the United States shall be examined by at least one such medical officer or civil surgeon under such administrative regulations as the Attorney General may prescribe, and under medical regulations prepared by the Secretary of Health and Human Services. Medical officers of the United States Public Health Service who have had special training in the diagnosis of insanity and mental defects shall be detailed for duty or employed at such ports of entry as the Attorney General may designate, and such medical officers shall be provided with suitable facilities for the detention and examination of all arriving aliens who it is suspected may be inadmissible under paragraph (1) of section 1182(a) of this title, and the services of interpreters shall be provided for such examination. Any alien certified under paragraph (1) of section 1182(a) of this title, may appeal to a board of medical officers of the United States Public Health Service, which shall be convened by the Secretary of Health and Human Services, and any such alien may introduce before such board one expert medical witness at his own cost and expense.
|
||||
|
||||
(c) Certification of certain helpless aliens If an examining medical officer determines that an alien arriving in the United States is inadmissible, is helpless from sickness, mental or physical disability, or infancy, and is accompanied by another alien whose protection or guardianship may be required, the officer may certify such fact for purposes of applying section 1182(a)(10)(B) of this title with respect to the other alien.
|
||||
|
||||
(June 27, 1952, ch. 477, title II, ch. 4, § 232, 66 Stat. 196; Pub. L. 99–500, § 101(b) [title II, § 206(a), formerly § 206], Oct. 18, 1986, 100 Stat. 1783–39, 1783–56, renumbered § 206(a), Pub. L. 100–525, § 4(b)(1), Oct. 24, 1988, 102 Stat. 2615; Pub. L. 99–591, § 101(b) [title II, § 206], Oct. 30, 1986, 100 Stat. 3341–39, 3341–56; Pub. L. 100–525, § 4(b)(2), (d), Oct. 24, 1988, 102 Stat. 2615; Pub. L. 104–208, div. C, title III, §§ 308(b)(2), (3)(C), (c)(2)(A), (d)(4)(H), Sept. 30, 1996, 110 Stat. 3009–615, 3009–616, 3009–618.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThis chapter, referred to in subsec. (a), was in the original, “this Act”, meaning act June 27, 1952, ch. 477, 66 Stat. 163, 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 under section 1101 of this title and Tables.
|
||||
|
||||
Codification The text of section 1224 of this title, which was transferred to subsec. (b) of this section by Pub. L. 104–208, § 308(b)(3)(C), was based on acts June 27, 1952, ch. 477, title II, ch. 4, § 234, 66 Stat. 198; Oct. 24, 1988, Pub. L. 100–525, § 9(k), 102 Stat. 2620; Nov. 29, 1990, Pub. L. 101–649, title VI, § 603(a)(10), 104 Stat. 5083; Sept. 30, 1996, Pub. L. 104–208, div. C, title III, §§ 308(b)(3)(A), (B), (d)(3)(A), 371(b)(3), 110 Stat. 3009–615, 3009–617, 3009–645.
|
||||
|
||||
Amendments1996—Pub. L. 104–208, § 308(b)(2)(B), amended section catchline generally. Pub. L. 104–208, § 308(b)(2)(A), inserted “(a) Detention of aliens” before “For the purpose of”. Subsec. (a). Pub. L. 104–208, § 308(d)(4)(H), substituted “inadmissible under” for “excluded by” and “inadmissible classes” for “the excluded classes”. Subsec. (b). Pub. L. 104–208, § 308(b)(3)(C), transferred section 1224 of this title to subsec. (b) of this section. See Codification note above. Subsec. (c). Pub. L. 104–208, § 308(c)(2)(A), added subsec. (c). 1988—Pub. L. 100–525, § 4(b)(1), (2), amended Pub. L. 99–500 and 99–591. See 1986 Amendment note below. 1986—Pub. L. 99–500, § 101(b) [title II, § 206(a), formerly § 206], as redesignated and amended by Pub. L. 100–525, § 4(b)(1), (2), substituted “by the Attorney General” for “on board the vessel or at the airport of arrival of the aircraft bringing them, unless the Attorney General directs their detention in a United States immigration station or other place specified by him at the expense of such vessel or aircraft except as otherwise provided in this chapter, as circumstances may require or justify,”. Pub. L. 99–591, § 101(b) [title II, § 206], a corrected version of Pub. L. 99–500, § 101(b) [title II, § 206(a)], was repealed by Pub. L. 100–525, § 4(d), effective as of Oct. 30, 1986.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1996 AmendmentAmendment by section 308(b)(2), (3)(C), (c)(2)(A), (d)(4)(H) 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 1988 AmendmentPub. L. 100–525, § 4(c), Oct. 24, 1988, 102 Stat. 2615, provided that: “The amendments made by subsections (a) and (b) [amending this section and sections 1223, 1227, and 1356 of this title and enacting provisions set out as a note under section 1356 of this title] shall be effective as if they were included in the enactment of the Department of Justice Appropriation Act, 1987 (as contained in section 101(b) of Public Law 99–500).”
|
||||
|
||||
Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.
|
||||
|
||||
Designation of United States Military Physicians as Civil SurgeonsPub. L. 102–484, div. A, title X, § 1079, Oct. 23, 1992, 106 Stat. 2514, as amended by Pub. L. 104–208, div. C, title III, § 308(g)(1), Sept. 30, 1996, 110 Stat. 3009–622, provided that: “Notwithstanding any other provision of law, United States military physicians with not less than four years professional experience shall be considered to be civil surgeons for the purpose of the performance of physical examinations required under section 232(b) of the Immigration and Nationality Act (8 U.S.C. 1224 [8 U.S.C. 1222(b)]) of special immigrants described in section 101(a)(27)(K) of such Act (8 U.S.C. 1101(a)(27)(K)).”
|
||||
@@ -0,0 +1,61 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 1223"
|
||||
description: "Entry through or from foreign territory and adjacent islands"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "12"
|
||||
chapter_name: "IMMIGRATION AND NATIONALITY"
|
||||
section: "1223"
|
||||
citation: "8 U.S.C. § 1223"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s1223"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "f6dbbf7a9ff76bd8f33c0892cccbbb653b2cc4e440caea8add6abf3d34890e77"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "72399f02d91db1b71a143dbcf1f4f7e0e3f59aed894f4051159c26b10114f3c1"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 1223 - Entry through or from foreign territory and adjacent islands
|
||||
|
||||
## Text
|
||||
|
||||
(a) Necessity of transportation contract The Attorney General shall have power to enter into contracts with transportation lines for the inspection and admission of aliens coming to the United States from foreign territory or from adjacent islands. No such transportation line shall be allowed to land any such alien in the United States until and unless it has entered into any such contracts which may be required by the Attorney General.
|
||||
|
||||
(b) Landing stations Every transportation line engaged in carrying alien passengers for hire to the United States from foreign territory or from adjacent islands shall provide and maintain at its expense suitable landing stations, approved by the Attorney General, conveniently located at the point or points of entry. No such transportation line shall be allowed to land any alien passengers in the United States until such landing stations are provided, and unless such stations are thereafter maintained to the satisfaction of the Attorney General.
|
||||
|
||||
(c) Landing agreements The Attorney General shall have power to enter into contracts including bonding agreements with transportation lines to guarantee the passage through the United States in immediate and continuous transit of aliens destined to foreign countries. Notwithstanding any other provision of this chapter, such aliens may not have their classification changed under section 1258 of this title.
|
||||
|
||||
(d) Definitions As used in this section the terms “transportation line” and “transportation company” include, but are not limited to, the owner, charterer, consignee, or authorized agent operating any vessel or aircraft or railroad train bringing aliens to the United States, to foreign territory, or to adjacent islands.
|
||||
|
||||
(June 27, 1952, ch. 477, title II, ch. 4, § 233, formerly § 238, 66 Stat. 202; Pub. L. 99–653, § 7(b), Nov. 14, 1986, 100 Stat. 3657; renumbered § 233 and amended Pub. L. 104–208, div. C, title III, §§ 308(b)(4), (f)(4), 362, Sept. 30, 1996, 110 Stat. 3009–615, 3009–622, 3009–645.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThis chapter, referred to in subsec. (c), was in the original, “this Act”, meaning act June 27, 1952, ch. 477, 66 Stat. 163, 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 under section 1101 of this title and Tables.
|
||||
|
||||
Codification Section was formerly classified to section 1228 of this title prior to renumbering by Pub. L. 104–208.
|
||||
|
||||
Prior ProvisionsA prior section 1223, act June 27, 1952, ch. 477, title II, ch. 4, § 233, 66 Stat. 197, related to examinations of aliens upon arrival in the United States, prior to repeal by Pub. L. 99–500, § 101(b) [title II, § 206(a), formerly § 206], Oct. 18, 1986, 100 Stat. 1783–39, 1783–56; renumbered § 206(a) and amended Pub. L. 100–525, § 4(b)(1), (3), Oct. 24, 1988, 102 Stat. 2615.
|
||||
|
||||
Amendments1996—Pub. L. 104–208, § 362(a)(1), amended section catchline. Subsec. (a). Pub. L. 104–208, § 362(a)(2), struck out “contiguous” after “foreign”. Pub. L. 104–208, § 308(f)(4), substituted “inspection and admission” for “entry and inspection”. Subsec. (b). Pub. L. 104–208, § 362(a)(2), struck out “contiguous” after “foreign”. Subsec. (d). Pub. L. 104–208, § 362(b), inserted “or railroad train” after “aircraft”. Pub. L. 104–208, § 362(a)(2), struck out “contiguous” after “foreign”. 1986—Pub. L. 99–653 struck out subsec. (a) which authorized the Attorney General to enter into contracts with transportation lines for the entry and inspection of aliens and to prescribe regulations, and redesignated subsecs. (b) to (e) as (a) to (d), respectively.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1996 AmendmentAmendment by section 308(b)(4), (f)(4) 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 1986 AmendmentAmendment by Pub. L. 99–653 applicable to visas issued, and admissions occurring, on or after Nov. 14, 1986, see section 23(a) of Pub. L. 99–653, set out as a note under section 1101 of this title.
|
||||
|
||||
Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.
|
||||
@@ -0,0 +1,55 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 1224"
|
||||
description: "Designation of ports of entry for aliens arriving by aircraft"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "12"
|
||||
chapter_name: "IMMIGRATION AND NATIONALITY"
|
||||
section: "1224"
|
||||
citation: "8 U.S.C. § 1224"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s1224"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "f8ffafd2c40d8c4abfeb7df20215976571c3a936a40cf9e7f2efac1fcf155625"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "7f7f3c9df2d96e434f24ae038e542255ccb48cea4629c7f6ef3e434bf6782b2f"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 1224 - Designation of ports of entry for aliens arriving by aircraft
|
||||
|
||||
## Text
|
||||
|
||||
The Attorney General is authorized (1) by regulation to designate as ports of entry for aliens arriving by aircraft any of the ports of entry for civil aircraft designated as such in accordance with law; (2) by regulation to provide such reasonable requirements for aircraft in civil air navigation with respect to giving notice of intention to land in advance of landing, or notice of landing, as shall be deemed necessary for purposes of administration and enforcement of this chapter; and (3) by regulation to provide for the application to civil air navigation of the provisions of this chapter where not expressly so provided in this chapter to such extent and upon such conditions as he deems necessary. Any person who violates any regulation made under this section shall be subject to a civil penalty of $2,000 which may be remitted or mitigated by the Attorney General in accordance with such proceedings as the Attorney General shall by regulation prescribe. In case the violation is by the owner or person in command of the aircraft, the penalty shall be a lien upon the aircraft, and such aircraft may be libeled therefore in the appropriate United States court. The determination by the Attorney General and remission or mitigation of the civil penalty shall be final. In case the violation is by the owner or person in command of the aircraft, the penalty shall be a lien upon the aircraft and may be collected by proceedings in rem which shall conform as nearly as may be to civil suits in admiralty. The Supreme Court of the United States, and under its direction other courts of the United States, are authorized to prescribe rules regulating such proceedings against aircraft in any particular not otherwise provided by law. Any aircraft made subject to a lien by this section may be summarily seized by, and placed in the custody of such persons as the Attorney General may by regulation prescribe. The aircraft may be released from such custody upon deposit of such amount not exceeding $2,000 as the Attorney General may prescribe, or of a bond in such sum and with such sureties as the Attorney General may prescribe, conditioned upon the payment of the penalty which may be finally determined by the Attorney General.
|
||||
|
||||
(June 27, 1952, ch. 477, title II, ch. 4, § 234, formerly § 239, 66 Stat. 203; Pub. L. 101–649, title V, § 543(a)(3), Nov. 29, 1990, 104 Stat. 5058; Pub. L. 102–232, title III, § 306(c)(2), Dec. 12, 1991, 105 Stat. 1752; renumbered § 234, Pub. L. 104–208, div. C, title III, § 304(a)(1), Sept. 30, 1996, 110 Stat. 3009–587.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThis chapter, referred to in text, was in the original, “this Act”, meaning act June 27, 1952, ch. 477, 66 Stat. 163, 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 under section 1101 of this title and Tables.
|
||||
|
||||
Codification Section was formerly classified to section 1229 of this title prior to renumbering by Pub. L. 104–208.
|
||||
|
||||
Prior ProvisionsA prior section 1224, act June 27, 1952, ch. 477, title II, ch. 4, § 234, 66 Stat. 198, as amended, which related to physical and mental examinations, was renumbered section 232(b) of act June 27, 1952, by Pub. L. 104–208, div. C, title III, § 308(b)(3), Sept. 30, 1996, 110 Stat. 3009–615, and was transferred to section 1222(b) of this title.
|
||||
|
||||
Amendments1991—Pub. L. 102–232 made technical correction to directory language of Pub. L. 101–649. See 1990 Amendment note below. 1990—Pub. L. 101–649, as amended by Pub. L. 102–232, substituted “$2,000” for “$500” in two places.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1991 AmendmentAmendment by 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 AmendmentAmendment by Pub. L. 101–649 applicable to actions taken after Nov. 29, 1990, see section 543(c) of Pub. L. 101–649, set out as a note under section 1221 of this title.
|
||||
|
||||
Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.
|
||||
@@ -0,0 +1,157 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 1225"
|
||||
description: "Inspection by immigration officers; expedited removal of inadmissible arriving aliens; referral for hearing"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "12"
|
||||
chapter_name: "IMMIGRATION AND NATIONALITY"
|
||||
section: "1225"
|
||||
citation: "8 U.S.C. § 1225"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s1225"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "10be1706aaf18698d9a27eb3cfa724d13da98872187ca7398f5d7ee14f660860"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "dad347157ab82c15f6dcbebbdb56931c1dd4cc169a8fdda73f52ac3cb110192d"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 1225 - Inspection by immigration officers; expedited removal of inadmissible arriving aliens; referral for hearing
|
||||
|
||||
## Text
|
||||
|
||||
(a) Inspection (1) Aliens treated as applicants for admission An alien present in the United States who has not been admitted or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters) shall be deemed for purposes of this chapter an applicant for admission.
|
||||
|
||||
(2) Stowaways An arriving alien who is a stowaway is not eligible to apply for admission or to be admitted and shall be ordered removed upon inspection by an immigration officer. Upon such inspection if the alien indicates an intention to apply for asylum under section 1158 of this title or a fear of persecution, the officer shall refer the alien for an interview under subsection (b)(1)(B). A stowaway may apply for asylum only if the stowaway is found to have a credible fear of persecution under subsection (b)(1)(B). In no case may a stowaway be considered an applicant for admission or eligible for a hearing under section 1229a of this title.
|
||||
|
||||
(3) Inspection All aliens (including alien crewmen) who are applicants for admission or otherwise seeking admission or readmission to or transit through the United States shall be inspected by immigration officers.
|
||||
|
||||
(4) Withdrawal of application for admission An alien applying for admission may, in the discretion of the Attorney General and at any time, be permitted to withdraw the application for admission and depart immediately from the United States.
|
||||
|
||||
(5) Statements An applicant for admission may be required to state under oath any information sought by an immigration officer regarding the purposes and intentions of the applicant in seeking admission to the United States, including the applicant’s intended length of stay and whether the applicant intends to remain permanently or become a United States citizen, and whether the applicant is inadmissible.
|
||||
|
||||
(b) Inspection of applicants for admission (1) Inspection of aliens arriving in the United States and certain other aliens who have not been admitted or paroled (A) Screening (i) In general If an immigration officer determines that an alien (other than an alien described in subparagraph (F)) who is arriving in the United States or is described in clause (iii) is inadmissible under section 1182(a)(6)(C) or 1182(a)(7) of this title, the officer shall order the alien removed from the United States without further hearing or review unless the alien indicates either an intention to apply for asylum under section 1158 of this title or a fear of persecution.
|
||||
|
||||
(ii) Claims for asylum If an immigration officer determines that an alien (other than an alien described in subparagraph (F)) who is arriving in the United States or is described in clause (iii) is inadmissible under section 1182(a)(6)(C) or 1182(a)(7) of this title and the alien indicates either an intention to apply for asylum under section 1158 of this title or a fear of persecution, the officer shall refer the alien for an interview by an asylum officer under subparagraph (B).
|
||||
|
||||
(iii) Application to certain other aliens (I) In general The Attorney General may apply clauses (i) and (ii) of this subparagraph to any or all aliens described in subclause (II) as designated by the Attorney General. Such designation shall be in the sole and unreviewable discretion of the Attorney General and may be modified at any time.
|
||||
|
||||
(II) Aliens described An alien described in this clause is an alien who is not described in subparagraph (F), who has not been admitted or paroled into the United States, and who has not affirmatively shown, to the satisfaction of an immigration officer, that the alien has been physically present in the United States continuously for the 2-year period immediately prior to the date of the determination of inadmissibility under this subparagraph.
|
||||
|
||||
(B) Asylum interviews (i) Conduct by asylum officers An asylum officer shall conduct interviews of aliens referred under subparagraph (A)(ii), either at a port of entry or at such other place designated by the Attorney General.
|
||||
|
||||
(ii) Referral of certain aliens If the officer determines at the time of the interview that an alien has a credible fear of persecution (within the meaning of clause (v)), the alien shall be detained for further consideration of the application for asylum.
|
||||
|
||||
(iii) Removal without further review if no credible fear of persecution (I) In general Subject to subclause (III), if the officer determines that an alien does not have a credible fear of persecution, the officer shall order the alien removed from the United States without further hearing or review.
|
||||
|
||||
(II) Record of determination The officer shall prepare a written record of a determination under subclause (I). Such record shall include a summary of the material facts as stated by the applicant, such additional facts (if any) relied upon by the officer, and the officer’s analysis of why, in the light of such facts, the alien has not established a credible fear of persecution. A copy of the officer’s interview notes shall be attached to the written summary.
|
||||
|
||||
(III) Review of determination The Attorney General shall provide by regulation and upon the alien’s request for prompt review by an immigration judge of a determination under subclause (I) that the alien does not have a credible fear of persecution. Such review shall include an opportunity for the alien to be heard and questioned by the immigration judge, either in person or by telephonic or video connection. Review shall be concluded as expeditiously as possible, to the maximum extent practicable within 24 hours, but in no case later than 7 days after the date of the determination under subclause (I).
|
||||
|
||||
(IV) Mandatory detention Any alien subject to the procedures under this clause shall be detained pending a final determination of credible fear of persecution and, if found not to have such a fear, until removed.
|
||||
|
||||
(iv) Information about interviews The Attorney General shall provide information concerning the asylum interview described in this subparagraph to aliens who may be eligible. An alien who is eligible for such interview may consult with a person or persons of the alien’s choosing prior to the interview or any review thereof, according to regulations prescribed by the Attorney General. Such consultation shall be at no expense to the Government and shall not unreasonably delay the process.
|
||||
|
||||
(v) “Credible fear of persecution” defined For purposes of this subparagraph, the term “credible fear of persecution” means that there is a significant possibility, taking into account the credibility of the statements made by the alien in support of the alien’s claim and such other facts as are known to the officer, that the alien could establish eligibility for asylum under section 1158 of this title.
|
||||
|
||||
(C) Limitation on administrative review Except as provided in subparagraph (B)(iii)(III), a removal order entered in accordance with subparagraph (A)(i) or (B)(iii)(I) is not subject to administrative appeal, except that the Attorney General shall provide by regulation for prompt review of such an order under subparagraph (A)(i) against an alien who claims under oath, or as permitted under penalty of perjury under section 1746 of title 28, after having been warned of the penalties for falsely making such claim under such conditions, to have been lawfully admitted for permanent residence, to have been admitted as a refugee under section 1157 of this title, or to have been granted asylum under section 1158 of this title.
|
||||
|
||||
(D) Limit on collateral attacks In any action brought against an alien under section 1325(a) of this title or section 1326 of this title, the court shall not have jurisdiction to hear any claim attacking the validity of an order of removal entered under subparagraph (A)(i) or (B)(iii).
|
||||
|
||||
(E) “Asylum officer” defined As used in this paragraph, the term “asylum officer” means an immigration officer who—
|
||||
|
||||
(i) has had professional training in country conditions, asylum law, and interview techniques comparable to that provided to full-time adjudicators of applications under section 1158 of this title, and
|
||||
|
||||
(ii) is supervised by an officer who meets the condition described in clause (i) and has had substantial experience adjudicating asylum applications.
|
||||
|
||||
(F) Exception Subparagraph (A) shall not apply to an alien who is a native or citizen of a country in the Western Hemisphere with whose government the United States does not have full diplomatic relations and who arrives by aircraft at a port of entry.
|
||||
|
||||
(G) Commonwealth of the Northern Mariana Islands Nothing in this subsection shall be construed to authorize or require any person described in section 1158(e) of this title to be permitted to apply for asylum under section 1158 of this title at any time before January 1, 2014.
|
||||
|
||||
(2) Inspection of other aliens (A) In general Subject to subparagraphs (B) and (C), in the case of an alien who is an applicant for admission, if the examining immigration officer determines that an alien seeking admission is not clearly and beyond a doubt entitled to be admitted, the alien shall be detained for a proceeding under section 1229a of this title.
|
||||
|
||||
(B) Exception Subparagraph (A) shall not apply to an alien—
|
||||
|
||||
(i) who is a crewman,
|
||||
|
||||
(ii) to whom paragraph (1) applies, or
|
||||
|
||||
(iii) who is a stowaway.
|
||||
|
||||
(C) Treatment of aliens arriving from contiguous territory In the case of an alien described in subparagraph (A) who is arriving on land (whether or not at a designated port of arrival) from a foreign territory contiguous to the United States, the Attorney General may return the alien to that territory pending a proceeding under section 1229a of this title.
|
||||
|
||||
(3) Enforcement by attorney general of a state The attorney general of a State, or other authorized State officer, alleging a violation of the detention and removal requirements under paragraph (1) or (2) that harms such State or its residents shall have standing to bring an action against the Secretary of Homeland Security on behalf of such State or the residents of such State in an appropriate district court of the United States to obtain appropriate injunctive relief. The court shall advance on the docket and expedite the disposition of a civil action filed under this paragraph to the greatest extent practicable. For purposes of this paragraph, a State or its residents shall be considered to have been harmed if the State or its residents experience harm, including financial harm in excess of $100.
|
||||
|
||||
(4) Challenge of decision The decision of the examining immigration officer, if favorable to the admission of any alien, shall be subject to challenge by any other immigration officer and such challenge shall operate to take the alien whose privilege to be admitted is so challenged, before an immigration judge for a proceeding under section 1229a of this title.
|
||||
|
||||
(c) Removal of aliens inadmissible on security and related grounds (1) Removal without further hearing If an immigration officer or an immigration judge suspects that an arriving alien may be inadmissible under subparagraph (A) (other than clause (ii)), (B), or (C) of section 1182(a)(3) of this title, the officer or judge shall—
|
||||
|
||||
(A) order the alien removed, subject to review under paragraph (2);
|
||||
|
||||
(B) report the order of removal to the Attorney General; and
|
||||
|
||||
(C) not conduct any further inquiry or hearing until ordered by the Attorney General.
|
||||
|
||||
(2) Review of order (A) The Attorney General shall review orders issued under paragraph (1).
|
||||
|
||||
(B) If the Attorney General—
|
||||
|
||||
(i) is satisfied on the basis of confidential information that the alien is inadmissible under subparagraph (A) (other than clause (ii)), (B), or (C) of section 1182(a)(3) of this title, and
|
||||
|
||||
(ii) after consulting with appropriate security agencies of the United States Government, concludes that disclosure of the information would be prejudicial to the public interest, safety, or security,
|
||||
|
||||
the Attorney General may order the alien removed without further inquiry or hearing by an immigration judge.
|
||||
|
||||
(C) If the Attorney General does not order the removal of the alien under subparagraph (B), the Attorney General shall specify the further inquiry or hearing that shall be conducted in the case.
|
||||
|
||||
(3) Submission of statement and information The alien or the alien’s representative may submit a written statement and additional information for consideration by the Attorney General.
|
||||
|
||||
(d) Authority relating to inspections (1) Authority to search conveyances Immigration officers are authorized to board and search any vessel, aircraft, railway car, or other conveyance or vehicle in which they believe aliens are being brought into the United States.
|
||||
|
||||
(2) Authority to order detention and delivery of arriving aliens Immigration officers are authorized to order an owner, agent, master, commanding officer, person in charge, purser, or consignee of a vessel or aircraft bringing an alien (except an alien crewmember) to the United States—
|
||||
|
||||
(A) to detain the alien on the vessel or at the airport of arrival, and
|
||||
|
||||
(B) to deliver the alien to an immigration officer for inspection or to a medical officer for examination.
|
||||
|
||||
(3) Administration of oath and consideration of evidence The Attorney General and any immigration officer shall have power to administer oaths and to take and consider evidence of or from any person touching the privilege of any alien or person he believes or suspects to be an alien to enter, reenter, transit through, or reside in the United States or concerning any matter which is material and relevant to the enforcement of this chapter and the administration of the Service.
|
||||
|
||||
(4) Subpoena authority (A) The Attorney General and any immigration officer shall have power to require by subpoena the attendance and testimony of witnesses before immigration officers and the production of books, papers, and documents relating to the privilege of any person to enter, reenter, reside in, or pass through the United States or concerning any matter which is material and relevant to the enforcement of this chapter and the administration of the Service, and to that end may invoke the aid of any court of the United States.
|
||||
|
||||
(B) Any United States district court within the jurisdiction of which investigations or inquiries are being conducted by an immigration officer may, in the event of neglect or refusal to respond to a subpoena issued under this paragraph or refusal to testify before an immigration officer, issue an order requiring such persons to appear before an immigration officer, produce books, papers, and documents if demanded, and testify, and any failure to obey such order of the court may be punished by the court as a contempt thereof.
|
||||
|
||||
(June 27, 1952, ch. 477, title II, ch. 4, § 235, 66 Stat. 198; Pub. L. 101–649, title VI, § 603(a)(11), Nov. 29, 1990, 104 Stat. 5083; Pub. L. 104–132, title IV, §§ 422(a), 423(b), Apr. 24, 1996, 110 Stat. 1270, 1272; Pub. L. 104–208, div. C, title III, §§ 302(a), 308(d)(5), 371(b)(4), Sept. 30, 1996, 110 Stat. 3009–579, 3009–619, 3009–645; Pub. L. 110–229, title VII, § 702(j)(5), May 8, 2008, 122 Stat. 867; Pub. L. 119–1, § 3(a), Jan. 29, 2025, 139 Stat. 3.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThis chapter, referred to in subsecs. (a)(1) and (d)(3), (4)(A), was in the original, “this Act”, meaning act June 27, 1952, ch. 477, 66 Stat. 163, 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 under section 1101 of this title and Tables.
|
||||
|
||||
Amendments2025—Subsec. (b)(3), (4). Pub. L. 119–1 added par. (3) and redesignated former par. (3) as (4). 2008—Subsec. (b)(1)(G). Pub. L. 110–229 added subpar. (G). 1996—Pub. L. 104–208, § 302(a), amended section generally, revising and restating former subsecs. (a) to (d) relating to inspection of aliens arriving in the United States, powers of immigration officers, detention of aliens for further inquiry, temporary and permanent exclusion of aliens, and collateral attacks on orders of exclusion and deportation. Pub. L. 104–208, § 371(b)(4), substituted “an immigration judge” for “a special inquiry officer”, “immigration judge” for “special inquiry officer”, and “immigration judges” for “special inquiry officers”, wherever appearing in subsecs. (a) to (c). Subsec. (b). Pub. L. 104–132, § 422(a), which directed the general amendment of subsec. (b) by substituting pars. (1) to (3) relating to asylum interviews and hearings, detention for further inquiry, and challenges of favorable decisions, for former subsec. (b) consisting of single par., was repealed by Pub. L. 104–208, § 308(d)(5). See Construction of 1996 Amendment note below. Subsec. (d). Pub. L. 104–132, § 423(b), added subsec. (d) which read as follows: “In any action brought for the assessment of penalties for improper entry or re-entry of an alien under section 1325 or section 1326 of this title, no court shall have jurisdiction to hear claims collaterally attacking the validity of orders of exclusion, special exclusion, or deportation entered under this section or sections 1226 and 1252 of this title.” 1990—Subsec. (c). Pub. L. 101–649 substituted “subparagraph (A) (other than clause (ii)), (B), or (C) of section 1182(a)(3) of this title” for “paragraph (27), (28), or (29) of section 1182(a) of this title”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2008 AmendmentAmendment by Pub. L. 110–229 effective on the transition program effective date described in section 1806 of Title 48, Territories and Insular Possessions, see section 705(b) of Pub. L. 110–229, set out as an Effective Date note under section 1806 of Title 48.
|
||||
|
||||
Effective Date of 1996 AmendmentsAmendment by section 302(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. Pub. L. 104–208, div. C, title III, § 308(d)(5), Sept. 30, 1996, 110 Stat. 3009–619, provided that the amendment made by section 308(d)(5) is effective as of Apr. 24, 1996. See Construction of 1996 Amendment note below. Amendment by section 371(b)(4) of Pub. L. 104–208 effective Sept. 30, 1996, see section 371(d)(1) of Pub. L. 104–208, set out as a note under section 1101 of this title. Pub. L. 104–132, title IV, § 422(c), Apr. 24, 1996, 110 Stat. 1272, which provided that the amendments made by section 422 of Pub. L. 104–132 [amending this section and former section 1227 of this title] were to take effect on the first day of the first month that began more than 180 days after Apr. 24, 1996, was repealed by Pub. L. 104–208, div. C, title III, § 308(d)(5), Sept. 30, 1996, 110 Stat. 3009–619. See Construction of 1996 Amendment note below.
|
||||
|
||||
Effective Date of 1990 AmendmentAmendment by Pub. L. 101–649 applicable to individuals entering United States on or after June 1, 1991, see section 601(e)(1) of Pub. L. 101–649, set out as a note under section 1101 of this title.
|
||||
|
||||
Construction of 1996 AmendmentPub. L. 104–208, div. C, title III, § 308(d)(5), Sept. 30, 1996, 110 Stat. 3009–619, provided that: “Effective as of the date of the enactment of the Antiterrorism and Effective Death Penalty Act of 1996 [Pub. L. 104–132, approved Apr. 24, 1996], section 422 of such Act [amending this section and section 1227 of this title, and enacting provisions set out as a note above] is repealed and the Immigration and Nationality Act [8 U.S.C. 1101 et seq.] shall be applied as if such section had not been enacted.”
|
||||
|
||||
Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.
|
||||
|
||||
GAO Study on Operation of Expedited Removal ProceduresPub. L. 104–208, div. C, title III, § 302(b), Sept. 30, 1996, 110 Stat. 3009–584, required the Comptroller General to conduct a study on the implementation and effectiveness of the expedited removal procedures under subsec. (b)(1) of this section and submit to Congress a report on the study no later than 18 months after Sept. 30, 1996.
|
||||
|
||||
References to Order of Removal Deemed To Include Order of Exclusion and DeportationFor purposes of this chapter, any reference in law to an order of removal is deemed to include a reference to an order of exclusion and deportation or an order of deportation, see section 309(d)(2) of Pub. L. 104–208, set out in an Effective Date of 1996 Amendments note under section 1101 of this title.
|
||||
@@ -0,0 +1,71 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 1225a"
|
||||
description: "Preinspection at foreign airports"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "12"
|
||||
chapter_name: "IMMIGRATION AND NATIONALITY"
|
||||
section: "1225a"
|
||||
citation: "8 U.S.C. § 1225a"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s1225a"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "1f25fd359aa0ce2a27ce72569dc6f5d8451a507f6271f683e83d9b630710646a"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "51b6cf2d2378e0fab142af8e5868f19f4197114270d41b5d4985f8b579892909"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 1225a - Preinspection at foreign airports
|
||||
|
||||
## Text
|
||||
|
||||
(a) Establishment of preinspection stations (1) New stations.— Subject to paragraph (5), not later than October 31, 1998, the Attorney General, in consultation with the Secretary of State, shall establish and maintain preinspection stations in at least 5 of the foreign airports that are among the 10 foreign airports which the Attorney General identifies as serving as last points of departure for the greatest numbers of inadmissible alien passengers who arrive from abroad by air at ports of entry within the United States. Such preinspection stations shall be in addition to any preinspection stations established prior to September 30, 1996.
|
||||
|
||||
(2) Report.— Not later than October 31, 1998, the Attorney General shall report to the Committees on the Judiciary of the House of Representatives and of the Senate on the implementation of paragraph (1).
|
||||
|
||||
(3) Data collection.— Not later than November 1, 1997, and each subsequent November 1, the Attorney General shall compile data identifying—
|
||||
|
||||
(A) the foreign airports which served as last points of departure for aliens who arrived by air at United States ports of entry without valid documentation during the preceding fiscal years;
|
||||
|
||||
(B) the number and nationality of such aliens arriving from each such foreign airport; and
|
||||
|
||||
(C) the primary routes such aliens followed from their country of origin to the United States.
|
||||
|
||||
(4) Subject to paragraph (5), not later than January 1, 2008, the Secretary of Homeland Security, in consultation with the Secretary of State, shall establish preinspection stations in at least 25 additional foreign airports, which the Secretary of Homeland Security, in consultation with the Secretary of State, determines, based on the data compiled under paragraph (3) and such other information as may be available, would most effectively facilitate the travel of admissible aliens and reduce the number of inadmissible aliens, especially aliens who are potential terrorists, who arrive from abroad by air at points of entry within the United States. Such preinspection stations shall be in addition to those established before September 30, 1996, or pursuant to paragraph (1).
|
||||
|
||||
(5) Conditions.— Prior to the establishment of a preinspection station, the Attorney General, in consultation with the Secretary of State, shall ensure that—
|
||||
|
||||
(A) employees of the United States stationed at the preinspection station and their accompanying family members will receive appropriate protection;
|
||||
|
||||
(B) such employees and their families will not be subject to unreasonable risks to their welfare and safety; and
|
||||
|
||||
(C) the country in which the preinspection station is to be established maintains practices and procedures with respect to asylum seekers and refugees in accordance with the Convention Relating to the Status of Refugees (done at Geneva, July 28, 1951), or the Protocol Relating to the Status of Refugees (done at New York, January 31, 1967), or that an alien in the country otherwise has recourse to avenues of protection from return to persecution.
|
||||
|
||||
(b) Establishment of carrier consultant program and immigration security initiative The Secretary of Homeland Security shall assign additional immigration officers to assist air carriers in the detection of fraudulent documents at foreign airports which, based on the records maintained pursuant to subsection (a)(3), served as a point of departure for a significant number of arrivals at United States ports of entry without valid documentation, but where no preinspection station exists. Beginning not later than December 31, 2006, the number of airports selected for an assignment under this subsection shall be at least 50.
|
||||
|
||||
(June 27, 1952, ch. 477, title II, ch. 4, § 235A, as added Pub. L. 104–208, div. C, title I, § 123(a), Sept. 30, 1996, 110 Stat. 3009–560; amended Pub. L. 108–458, title VII, §§ 7206(a), 7210(d)(1), Dec. 17, 2004, 118 Stat. 3817, 3825.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Codification September 30, 1996, referred to in subsec. (a)(1), was in the original “the date of the enactment of such Act”, which was translated as meaning the date of enactment of Pub. L. 104–208, which enacted this section, to reflect the probable intent of Congress.
|
||||
|
||||
Amendments2004—Subsec. (a)(4). Pub. L. 108–458, § 7210(d)(1), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “(4) Additional stations.—Subject to paragraph (5), not later than October 31, 2000, the Attorney General, in consultation with the Secretary of State, shall establish preinspection stations in at least 5 additional foreign airports which the Attorney General, in consultation with the Secretary of State, determines, based on the data compiled under paragraph (3) and such other information as may be available, would most effectively reduce the number of aliens who arrive from abroad by air at points of entry within the United States who are inadmissible to the United States. Such preinspection stations shall be in addition to those established prior to September 30, 1996, or pursuant to paragraph (1).” Subsec. (b). Pub. L. 108–458, § 7206(a), inserted “and immigration security initiative” after “program” in heading, substituted “Secretary of Homeland Security” for “Attorney General” in text, and inserted at end “Beginning not later than December 31, 2006, the number of airports selected for an assignment under this subsection shall be at least 50.”
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.
|
||||
|
||||
Exchange of Terrorist Information and Increased Preinspection at Foreign AirportsPub. L. 108–458, title VII, § 7210(a), (b), Dec. 17, 2004, 118 Stat. 3824, provided that: “(a) Findings.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress makes the following findings:“(1) The exchange of terrorist information with other countries, consistent with privacy requirements, along with listings of lost and stolen passports, will have immediate security benefits. “(2) The further away from the borders of the United States that screening occurs, the more security benefits the United States will gain. “(b) Sense of Congress.—It is the sense of Congress that—“(1) the Federal Government should exchange terrorist information with trusted allies; “(2) the Federal Government should move toward real-time verification of passports with issuing authorities; “(3) where practicable, the Federal Government should conduct screening before a passenger departs on a flight destined for the United States; “(4) the Federal Government should work with other countries to ensure effective inspection regimes at all airports; “(5) the Federal Government should work with other countries to improve passport standards and provide foreign assistance to countries that need help making the transition to the global standard for identification; and “(6) the Department of Homeland Security, in coordination with the Department of State and other Federal agencies, should implement the initiatives called for in this subsection.”
|
||||
@@ -0,0 +1,109 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 1226"
|
||||
description: "Apprehension and detention of aliens"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "12"
|
||||
chapter_name: "IMMIGRATION AND NATIONALITY"
|
||||
section: "1226"
|
||||
citation: "8 U.S.C. § 1226"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s1226"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "3af228a140c008c212c1741668045474e08cebb446908be5a44c8769633dbfff"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "67a7ecad9fbaf1bbf3616689d816f59693505ade9561ec4cdc5ec6d6b109767c"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 1226 - Apprehension and detention of aliens
|
||||
|
||||
## Text
|
||||
|
||||
(a) Arrest, detention, and release On a warrant issued by the Attorney General, an alien may be arrested and detained pending a decision on whether the alien is to be removed from the United States. Except as provided in subsection (c) and pending such decision, the Attorney General—
|
||||
|
||||
(1) may continue to detain the arrested alien; and
|
||||
|
||||
(2) may release the alien on—
|
||||
|
||||
(A) bond of at least $1,500 with security approved by, and containing conditions prescribed by, the Attorney General; or
|
||||
|
||||
(B) conditional parole; but
|
||||
|
||||
(3) may not provide the alien with work authorization (including an “employment authorized” endorsement or other appropriate work permit), unless the alien is lawfully admitted for permanent residence or otherwise would (without regard to removal proceedings) be provided such authorization.
|
||||
|
||||
(b) Revocation of bond or parole The Attorney General at any time may revoke a bond or parole authorized under subsection (a), rearrest the alien under the original warrant, and detain the alien.
|
||||
|
||||
(c) Detention of criminal aliens (1) Custody The Attorney General shall take into custody any alien who—
|
||||
|
||||
(A) is inadmissible by reason of having committed any offense covered in section 1182(a)(2) of this title,
|
||||
|
||||
(B) is deportable by reason of having committed any offense covered in section 1227(a)(2)(A)(ii), (A)(iii), (B), (C), or (D) of this title,
|
||||
|
||||
(C) is deportable under section 1227(a)(2)(A)(i) of this title on the basis of an offense for which the alien has been sentence 11 So in original. Probably should be “sentenced”. to a term of imprisonment of at least 1 year,
|
||||
|
||||
(D) is inadmissible under section 1182(a)(3)(B) of this title or deportable under section 1227(a)(4)(B) of this title, or
|
||||
|
||||
(E) (i) is inadmissible under paragraph (6)(A), (6)(C), or (7) of section 1182(a) of this title; and
|
||||
|
||||
(ii) is charged with, is arrested for, is convicted of, admits having committed, or admits committing acts which constitute the essential elements of any burglary, theft, larceny, shoplifting, or assault of a law enforcement officer offense, or any crime that results in death or serious bodily injury to another person,
|
||||
|
||||
when the alien is released, without regard to whether the alien is released on parole, supervised release, or probation, and without regard to whether the alien may be arrested or imprisoned again for the same offense.
|
||||
|
||||
(2) Definition For purposes of paragraph (1)(E), the terms “burglary”, “theft”, “larceny”, “shoplifting”, “assault of a law enforcement officer”, and “serious bodily injury” have the meanings given such terms in the jurisdiction in which the acts occurred.
|
||||
|
||||
(3) Detainer The Secretary of Homeland Security shall issue a detainer for an alien described in paragraph (1)(E) and, if the alien is not otherwise detained by Federal, State, or local officials, shall effectively and expeditiously take custody of the alien.
|
||||
|
||||
(4) Release The Attorney General may release an alien described in paragraph (1) only if the Attorney General decides pursuant to section 3521 of title 18 that release of the alien from custody is necessary to provide protection to a witness, a potential witness, a person cooperating with an investigation into major criminal activity, or an immediate family member or close associate of a witness, potential witness, or person cooperating with such an investigation, and the alien satisfies the Attorney General that the alien will not pose a danger to the safety of other persons or of property and is likely to appear for any scheduled proceeding. A decision relating to such release shall take place in accordance with a procedure that considers the severity of the offense committed by the alien.
|
||||
|
||||
(d) Identification of criminal aliens (1) The Attorney General shall devise and implement a system—
|
||||
|
||||
(A) to make available, daily (on a 24-hour basis), to Federal, State, and local authorities the investigative resources of the Service to determine whether individuals arrested by such authorities for aggravated felonies are aliens;
|
||||
|
||||
(B) to designate and train officers and employees of the Service to serve as a liaison to Federal, State, and local law enforcement and correctional agencies and courts with respect to the arrest, conviction, and release of any alien charged with an aggravated felony; and
|
||||
|
||||
(C) which uses computer resources to maintain a current record of aliens who have been convicted of an aggravated felony, and indicates those who have been removed.
|
||||
|
||||
(2) The record under paragraph (1)(C) shall be made available—
|
||||
|
||||
(A) to inspectors at ports of entry and to border patrol agents at sector headquarters for purposes of immediate identification of any alien who was previously ordered removed and is seeking to reenter the United States, and
|
||||
|
||||
(B) to officials of the Department of State for use in its automated visa lookout system.
|
||||
|
||||
(3) Upon the request of the governor or chief executive officer of any State, the Service shall provide assistance to State courts in the identification of aliens unlawfully present in the United States pending criminal prosecution.
|
||||
|
||||
(e) Judicial review The Attorney General’s discretionary judgment regarding the application of this section shall not be subject to review. No court may set aside any action or decision by the Attorney General under this section regarding the detention of any alien or the revocation or denial of bond or parole.
|
||||
|
||||
(f) Enforcement by attorney general of a State The attorney general of a State, or other authorized State officer, alleging an action or decision by the Attorney General or Secretary of Homeland Security under this section to release any alien or grant bond or parole to any alien that harms such State or its residents shall have standing to bring an action against the Attorney General or Secretary of Homeland Security on behalf of such State or the residents of such State in an appropriate district court of the United States to obtain appropriate injunctive relief. The court shall advance on the docket and expedite the disposition of a civil action filed under this subsection to the greatest extent practicable. For purposes of this subsection, a State or its residents shall be considered to have been harmed if the State or its residents experience harm, including financial harm in excess of $100.
|
||||
|
||||
(June 27, 1952, ch. 477, title II, ch. 4, § 236, 66 Stat. 200; Pub. L. 101–649, title V, § 504(b), title VI, § 603(a)(12), Nov. 29, 1990, 104 Stat. 5050, 5083; Pub. L. 102–232, title III, § 306(a)(5), Dec. 12, 1991, 105 Stat. 1751; Pub. L. 104–208, div. C, title III, §§ 303(a), 371(b)(5), Sept. 30, 1996, 110 Stat. 3009–585, 3009–645; Pub. L. 119–1, §§ 2, 3(b), Jan. 29, 2025, 139 Stat. 3, 4.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2025—Subsec. (c)(1)(E). Pub. L. 119–1, § 2(1), added subpar. (E). Subsec. (c)(2) to (4). Pub. L. 119–1, § 2(2), (3), added pars. (2) and (3) and redesignated former par. (2) as (4). Subsec. (e). Pub. L. 119–1, § 3(b)(1), struck out “or release” after “the detention” and substituted “revocation or denial” for “grant, revocation, or denial”. Subsec. (f). Pub. L. 119–1, § 3(b)(2), added subsec. (f). 1996—Pub. L. 104–208, § 303(a), amended section generally. Prior to amendment, section consisted of subsecs. (a) to (e) related to proceedings to determine whether aliens detained under section 1225 of this title should be allowed to enter or should be excluded and deported. Subsecs. (a) to (d). Pub. L. 104–208, § 371(b)(5), substituted “An immigration judge” for “A special inquiry officer”, “an immigration judge” for “a special inquiry officer”, and “immigration judge” for “special inquiry officer”, wherever appearing. 1991—Subsec. (e)(1). Pub. L. 102–232 substituted “upon release of the alien (regardless of whether or not such release is on parole, supervised release, or probation, and regardless of the possibility of rearrest or further confinement in respect of the same offense)” for “upon completion of the alien’s sentence for such conviction”. 1990—Subsec. (d). Pub. L. 101–649, § 603(a)(12), substituted “has a disease, illness, or addiction which would make the alien excludable under paragraph (1) of section 1182(a) of this title” for “is afflicted with a disease specified in section 1182(a)(6) of this title, or with any mental disease, defect, or disability which would bring such alien within any of the classes excluded from admission to the United States under paragraphs (1) to (4) or (5) of section 1182(a) of this title” and struck out at end “If an alien is excluded by a special inquiry officer because of the existence of a physical disease, defect, or disability, other than one specified in section 1182(a)(6) of this title, the alien may appeal from the excluding decision in accordance with subsection (b) of this section, and the provisions of section 1183 of this title may be invoked.” Subsec. (e). Pub. L. 101–649, § 504(b), added subsec. (e).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1996 AmendmentPub. L. 104–208, div. C, title III, § 303(b), Sept. 30, 1996, 110 Stat. 3009–586, provided that: “(1) In general.—The amendment made by subsection (a) [amending this section] shall become effective on the title III–A effective date [see section 309 of Pub. L. 104–208, set out as a note under section 1101 of this title]. “(2) Notification regarding custody.—If the Attorney General, not later than 10 days after the date of the enactment of this Act [Sept. 30, 1996], notifies in writing the Committees on the Judiciary of the House of Representatives and the Senate that there is insufficient detention space and Immigration and Naturalization Service personnel available to carry out section 236(c) of the Immigration and Nationality Act [8 U.S.C. 1226(c)], as amended by subsection (a), or the amendments made by section 440(c) of Public Law 104–132 [amending section 1252 of this title], the provisions in paragraph (3) shall be in effect for a 1-year period beginning on the date of such notification, instead of such section or such amendments. [The Attorney General so notified the committees on Oct. 9, 1996.] The Attorney General may extend such 1-year period for an additional year if the Attorney General provides the same notice not later than 10 days before the end of the first 1-year period. After the end of such 1-year or 2-year periods, the provisions of such section 236(c) shall apply to individuals released after such periods. “(3) Transition period custody rules.—“(A) In general.—During the period in which this paragraph is in effect pursuant to paragraph (2), the Attorney General shall take into custody any alien who—“(i) has been convicted of an aggravated felony (as defined under section 101(a)(43) of the Immigration and Nationality Act [8 U.S.C. 1101(a)(43)], as amended by section 321 of this division), “(ii) is inadmissible by reason of having committed any offense covered in section 212(a)(2) of such Act [8 U.S.C. 1182(a)(2)], “(iii) is deportable by reason of having committed any offense covered in section 241(a)(2)(A)(ii), (A)(iii), (B), (C), or (D) of such Act [former 8 U.S.C. 1251(a)(2)(A)(ii), (A)(iii), (B), (C), (D)] (before redesignation under this subtitle), or “(iv) is inadmissible under section 212(a)(3)(B) of such Act or deportable under section 241(a)(4)(B) of such Act (before redesignation under this subtitle), when the alien is released, without regard to whether the alien is released on parole, supervised release, or probation, and without regard to whether the alien may be arrested or imprisoned again for the same offense. “(B) Release.—The Attorney General may release the alien only if the alien is an alien described in subparagraph (A)(ii) or (A)(iii) and—“(i) the alien was lawfully admitted to the United States and satisfies the Attorney General that the alien will not pose a danger to the safety of other persons or of property and is likely to appear for any scheduled proceeding, or “(ii) the alien was not lawfully admitted to the United States, cannot be removed because the designated country of removal will not accept the alien, and satisfies the Attorney General that the alien will not pose a danger to the safety of other persons or of property and is likely to appear for any scheduled proceeding.” Amendment by section 371(b)(5) of Pub. L. 104–208 effective Sept. 30, 1996, see section 371(d)(1) of Pub. L. 104–208, set out as a note under section 1101 of this title.
|
||||
|
||||
Effective Date of 1991 AmendmentAmendment by 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 AmendmentAmendment by section 603(a)(12) of Pub. L. 101–649 applicable to individuals entering United States on or after June 1, 1991, see section 601(e)(1) of Pub. L. 101–649, set out as a note under section 1101 of this title.
|
||||
|
||||
Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.
|
||||
|
||||
Identification of Certain Deportable Aliens Awaiting ArraignmentPub. L. 105–141, Dec. 5, 1997, 111 Stat. 2647, provided that: “SECTION 1. PROGRAM OF IDENTIFICATION OF CERTAIN DEPORTABLE ALIENS AWAITING ARRAIGNMENT.“(a) Establishment of Program.—Not later than 6 months after the date of the enactment of this Act [Dec. 5, 1997], and subject to such amounts as are provided in appropriations Acts, the Attorney General shall establish and implement a program to identify, from among the individuals who are incarcerated in local governmental incarceration facilities prior to arraignment on criminal charges, those individuals who are within 1 or more of the following classes of deportable aliens:“(1) Aliens unlawfully present in the United States. “(2) Aliens described in paragraph (2) or (4) of section 237(a) of the Immigration and Nationality Act [8 U.S.C. 1227(a)(2), (4)] (as redesignated by section 305(a)(2) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996). “(b) Description of Program.—The program authorized by subsection (a) shall include—“(1) the detail, to each incarceration facility selected under subsection (c), of at least one employee of the Immigration and Naturalization Service who has expertise in the identification of aliens described in subsection (a); and “(2) provision of funds sufficient to provide for—“(A) the detail of such employees to each selected facility on a full-time basis, including the portions of the day or night when the greatest number of individuals are incarcerated prior to arraignment; “(B) access for such employees to records of the Service and other Federal law enforcement agencies that are necessary to identify such aliens; and “(C) in the case of an individual identified as such an alien, pre-arraignment reporting to the court regarding the Service’s intention to remove the alien from the United States. “(c) Selection of Facilities.—“(1) In general.—The Attorney General shall select for participation in the program each incarceration facility that satisfies the following requirements:“(A) The facility is owned by the government of a local political subdivision described in clause (i) or (ii) of subparagraph (C). “(B) Such government has submitted a request for such selection to the Attorney General. “(C) The facility is located—“(i) in a county that is determined by the Attorney General to have a high concentration of aliens described in subsection (a); or “(ii) in a city, town, or other analogous local political subdivision, that is determined by the Attorney General to have a high concentration of such aliens (but only in the case of a facility that is not located in a county). “(D) The facility incarcerates or processes individuals prior to their arraignment on criminal charges. “(2) Number of qualifying subdivisions.—For any fiscal year, the total number of local political subdivisions determined under clauses (i) and (ii) of paragraph (1)(C) to meet the standard in such clauses shall be the following:“(A) For fiscal year 1999, not less than 10 and not more than 25. “(B) For fiscal year 2000, not less than 25 and not more than 50. “(C) For fiscal year 2001, not more than 75. “(D) For fiscal year 2002, not more than 100. “(E) For fiscal year 2003 and subsequent fiscal years, 100, or such other number of political subdivisions as may be specified in appropriations Acts. “(3) Facilities in interior states.—For any fiscal year, of the local political subdivisions determined under clauses (i) and (ii) of paragraph (1)(C) to meet the standard in such clauses, not less than 20 percent shall be in States that are not contiguous to a land border. “(4) Treatment of certain facilities.—All of the incarceration facilities within the county of Orange, California, and the county of Ventura, California, that are owned by the government of a local political subdivision, and satisfy the requirements of paragraph (1)(D), shall be selected for participation in the program. “SEC. 2. STUDY AND REPORT.“Not later than 1 year after the date of the enactment of this Act [Dec. 5, 1997], the Attorney General shall complete a study, and submit a report to the Congress, concerning the logistical and technological feasibility of implementing the program under section 1 in a greater number of locations than those selected under such section through—“(1) the assignment of a single Immigration and Naturalization Service employee to more than 1 incarceration facility; and “(2) the development of a system to permit the Attorney General to conduct off-site verification, by computer or other electronic means, of the immigration status of individuals who are incarcerated in local governmental incarceration facilities prior to arraignment on criminal charges.”
|
||||
|
||||
Criminal Alien Tracking CenterPub. L. 103–322, title XIII, § 130002, Sept. 13, 1994, 108 Stat. 2023, as amended by Pub. L. 104–132, title IV, § 432, Apr. 24, 1996, 110 Stat. 1273; Pub. L. 104–208, div. C, title III, §§ 308(g)(5)(B), 326, 327, Sept. 30, 1996, 110 Stat. 3009–623, 3009–630, provided that: “(a) Operation and Purpose.—The Commissioner of Immigration and Naturalization shall, under the authority of section 236(d) of the Immigration and Nationality Act [8 U.S.C. 1226(d)] operate a criminal alien identification system. The criminal alien identification system shall be used to assist Federal, State, and local law enforcement agencies in identifying and locating aliens who may be subject to removal by reason of their conviction of aggravated felonies, subject to prosecution under section 275 of such Act [8 U.S.C. 1325], not lawfully present in the United States, or otherwise removable. Such system shall include providing for recording of fingerprint records of aliens who have been previously arrested and removed into appropriate automated fingerprint identification systems. “(b) Authorization of Appropriations.—There are authorized to be appropriated to carry out this section—“(1) $3,400,000 for fiscal year 1996; and “(2) $5,000,000 for each of fiscal years 1997 through 2001.”
|
||||
@@ -0,0 +1,83 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 1226a"
|
||||
description: "Mandatory detention of suspected terrorists; habeas corpus; judicial review"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "12"
|
||||
chapter_name: "IMMIGRATION AND NATIONALITY"
|
||||
section: "1226a"
|
||||
citation: "8 U.S.C. § 1226a"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s1226a"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "03f68fe41eaecf025f41b72df747fefd3b9b76141a4954da34363c7e993cc274"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "8d98fc017a18f6fd905140dc053cb6b100f976b7afdc25f09a1ab5b968f127c1"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 1226a - Mandatory detention of suspected terrorists; habeas corpus; judicial review
|
||||
|
||||
## Text
|
||||
|
||||
(a) Detention of terrorist aliens (1) Custody The Attorney General shall take into custody any alien who is certified under paragraph (3).
|
||||
|
||||
(2) Release Except as provided in paragraphs (5) and (6), the Attorney General shall maintain custody of such an alien until the alien is removed from the United States. Except as provided in paragraph (6), such custody shall be maintained irrespective of any relief from removal for which the alien may be eligible, or any relief from removal granted the alien, until the Attorney General determines that the alien is no longer an alien who may be certified under paragraph (3). If the alien is finally determined not to be removable, detention pursuant to this subsection shall terminate.
|
||||
|
||||
(3) Certification The Attorney General may certify an alien under this paragraph if the Attorney General has reasonable grounds to believe that the alien—
|
||||
|
||||
(A) is described in section 1182(a)(3)(A)(i), 1182(a)(3)(A)(iii), 1182(a)(3)(B), 1227(a)(4)(A)(i), 1227(a)(4)(A)(iii), or 1227(a)(4)(B) of this title; or
|
||||
|
||||
(B) is engaged in any other activity that endangers the national security of the United States.
|
||||
|
||||
(4) Nondelegation The Attorney General may delegate the authority provided under paragraph (3) only to the Deputy Attorney General. The Deputy Attorney General may not delegate such authority.
|
||||
|
||||
(5) Commencement of proceedings The Attorney General shall place an alien detained under paragraph (1) in removal proceedings, or shall charge the alien with a criminal offense, not later than 7 days after the commencement of such detention. If the requirement of the preceding sentence is not satisfied, the Attorney General shall release the alien.
|
||||
|
||||
(6) Limitation on indefinite detention An alien detained solely under paragraph (1) who has not been removed under section 1231(a)(1)(A) of this title, and whose removal is unlikely in the reasonably foreseeable future, may be detained for additional periods of up to six months only if the release of the alien will threaten the national security of the United States or the safety of the community or any person.
|
||||
|
||||
(7) Review of certification The Attorney General shall review the certification made under paragraph (3) every 6 months. If the Attorney General determines, in the Attorney General’s discretion, that the certification should be revoked, the alien may be released on such conditions as the Attorney General deems appropriate, unless such release is otherwise prohibited by law. The alien may request each 6 months in writing that the Attorney General reconsider the certification and may submit documents or other evidence in support of that request.
|
||||
|
||||
(b) Habeas corpus and judicial review (1) In general Judicial review of any action or decision relating to this section (including judicial review of the merits of a determination made under subsection (a)(3) or (a)(6)) is available exclusively in habeas corpus proceedings consistent with this subsection. Except as provided in the preceding sentence, no court shall have jurisdiction to review, by habeas corpus petition or otherwise, any such action or decision.
|
||||
|
||||
(2) Application (A) In general Notwithstanding any other provision of law, including section 2241(a) of title 28, habeas corpus proceedings described in paragraph (1) may be initiated only by an application filed with—
|
||||
|
||||
(i) the Supreme Court;
|
||||
|
||||
(ii) any justice of the Supreme Court;
|
||||
|
||||
(iii) any circuit judge of the United States Court of Appeals for the District of Columbia Circuit; or
|
||||
|
||||
(iv) any district court otherwise having jurisdiction to entertain it.
|
||||
|
||||
(B) Application transfer Section 2241(b) of title 28 shall apply to an application for a writ of habeas corpus described in subparagraph (A).
|
||||
|
||||
(3) Appeals Notwithstanding any other provision of law, including section 2253 of title 28, in habeas corpus proceedings described in paragraph (1) before a circuit or district judge, the final order shall be subject to review, on appeal, by the United States Court of Appeals for the District of Columbia Circuit. There shall be no right of appeal in such proceedings to any other circuit court of appeals.
|
||||
|
||||
(4) Rule of decision The law applied by the Supreme Court and the United States Court of Appeals for the District of Columbia Circuit shall be regarded as the rule of decision in habeas corpus proceedings described in paragraph (1).
|
||||
|
||||
(c) Statutory construction The provisions of this section shall not be applicable to any other provision of this chapter.
|
||||
|
||||
(June 27, 1952, ch. 477, title II, ch. 4, § 236A, as added Pub. L. 107–56, title IV, § 412(a), Oct. 26, 2001, 115 Stat. 350.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThis chapter, referred to in subsec. (c), was in the original, “this Act”, meaning act June 27, 1952, ch. 477, 66 Stat. 163, 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 under section 1101 of this title and Tables.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.
|
||||
|
||||
ReportsPub. L. 107–56, title IV, § 412(c), Oct. 26, 2001, 115 Stat. 352, provided that: “Not later than 6 months after the date of the enactment of this Act [Oct. 26, 2001], and every 6 months thereafter, 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, with respect to the reporting period, on— “(1) the number of aliens certified under section 236A(a)(3) of the Immigration and Nationality Act [8 U.S.C. 1226a(a)(3)], as added by subsection (a); “(2) the grounds for such certifications; “(3) the nationalities of the aliens so certified; “(4) the length of the detention for each alien so certified; and “(5) the number of aliens so certified who—“(A) were granted any form of relief from removal; “(B) were removed; “(C) the Attorney General has determined are no longer aliens who may be so certified; or “(D) were released from detention.”
|
||||
File diff suppressed because one or more lines are too long
File diff suppressed because one or more lines are too long
@@ -0,0 +1,103 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 1229"
|
||||
description: "Initiation of removal proceedings"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "12"
|
||||
chapter_name: "IMMIGRATION AND NATIONALITY"
|
||||
section: "1229"
|
||||
citation: "8 U.S.C. § 1229"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s1229"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "8b796254b2aea52bfdd250a8946254dd69248380c01b14594a1ce3cd77326994"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "afeda5bdc1e1ca8dbb8c1daf5e34d4205d73a461407ec280dd337696b2dd26a2"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 1229 - Initiation of removal proceedings
|
||||
|
||||
## Text
|
||||
|
||||
(a) Notice to appear (1) In general In removal proceedings under section 1229a of this title, written notice (in this section referred to as a “notice to appear”) shall be given in person to the alien (or, if personal service is not practicable, through service by mail to the alien or to the alien’s counsel of record, if any) specifying the following:
|
||||
|
||||
(A) The nature of the proceedings against the alien.
|
||||
|
||||
(B) The legal authority under which the proceedings are conducted.
|
||||
|
||||
(C) The acts or conduct alleged to be in violation of law.
|
||||
|
||||
(D) The charges against the alien and the statutory provisions alleged to have been violated.
|
||||
|
||||
(E) The alien may be represented by counsel and the alien will be provided (i) a period of time to secure counsel under subsection (b)(1) and (ii) a current list of counsel prepared under subsection (b)(2).
|
||||
|
||||
(F) (i) The requirement that the alien must immediately provide (or have provided) the Attorney General with a written record of an address and telephone number (if any) at which the alien may be contacted respecting proceedings under section 1229a of this title.
|
||||
|
||||
(ii) The requirement that the alien must provide the Attorney General immediately with a written record of any change of the alien’s address or telephone number.
|
||||
|
||||
(iii) The consequences under section 1229a(b)(5) of this title of failure to provide address and telephone information pursuant to this subparagraph.
|
||||
|
||||
(G) (i) The time and place at which the proceedings will be held.
|
||||
|
||||
(ii) The consequences under section 1229a(b)(5) of this title of the failure, except under exceptional circumstances, to appear at such proceedings.
|
||||
|
||||
(2) Notice of change in time or place of proceedings (A) In general In removal proceedings under section 1229a of this title, in the case of any change or postponement in the time and place of such proceedings, subject to subparagraph (B) a written notice shall be given in person to the alien (or, if personal service is not practicable, through service by mail to the alien or to the alien’s counsel of record, if any) specifying—
|
||||
|
||||
(i) the new time or place of the proceedings, and
|
||||
|
||||
(ii) the consequences under section 1229a(b)(5) of this title of failing, except under exceptional circumstances, to attend such proceedings.
|
||||
|
||||
(B) Exception In the case of an alien not in detention, a written notice shall not be required under this paragraph if the alien has failed to provide the address required under paragraph (1)(F).
|
||||
|
||||
(3) Central address files The Attorney General shall create a system to record and preserve on a timely basis notices of addresses and telephone numbers (and changes) provided under paragraph (1)(F).
|
||||
|
||||
(b) Securing of counsel (1) In general In order that an alien be permitted the opportunity to secure counsel before the first hearing date in proceedings under section 1229a of this title, the hearing date shall not be scheduled earlier than 10 days after the service of the notice to appear, unless the alien requests in writing an earlier hearing date.
|
||||
|
||||
(2) Current lists of counsel The Attorney General shall provide for lists (updated not less often than quarterly) of persons who have indicated their availability to represent pro bono aliens in proceedings under section 1229a of this title. Such lists shall be provided under subsection (a)(1)(E) and otherwise made generally available.
|
||||
|
||||
(3) Rule of construction Nothing in this subsection may be construed to prevent the Attorney General from proceeding against an alien pursuant to section 1229a of this title if the time period described in paragraph (1) has elapsed and the alien has failed to secure counsel.
|
||||
|
||||
(c) Service by mail Service by mail under this section shall be sufficient if there is proof of attempted delivery to the last address provided by the alien in accordance with subsection (a)(1)(F).
|
||||
|
||||
(d) Prompt initiation of removal (1) In the case of an alien who is convicted of an offense which makes the alien deportable, the Attorney General shall begin any removal proceeding as expeditiously as possible after the date of the conviction.
|
||||
|
||||
(2) Nothing in this subsection 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.
|
||||
|
||||
(e) Certification of compliance with restrictions on disclosure (1) In general In cases where an enforcement action leading to a removal proceeding was taken against an alien at any of the locations specified in paragraph (2), the Notice to Appear shall include a statement that the provisions of section 1367 of this title have been complied with.
|
||||
|
||||
(2) Locations The locations specified in this paragraph are as follows:
|
||||
|
||||
(A) At a domestic violence shelter, a rape crisis center, supervised visitation center, family justice center, a victim services, or victim services provider, or a community-based organization.
|
||||
|
||||
(B) At a courthouse (or in connection with that appearance of the alien at a courthouse) if the alien is appearing in connection with a protection order case, child custody case, or other civil or criminal case relating to domestic violence, sexual assault, trafficking, or stalking in which the alien has been battered or subject to extreme cruelty or if the alien is described in subparagraph (T) or (U) of section 1101(a)(15) of this title.
|
||||
|
||||
(June 27, 1952, ch. 477, title II, ch. 4, § 239, as added Pub. L. 104–208, div. C, title III, § 304(a)(3), Sept. 30, 1996, 110 Stat. 3009–587; amended Pub. L. 109–162, title VIII, § 825(c)(1), Jan. 5, 2006, 119 Stat. 3065; Pub. L. 109–271, § 6(d), Aug. 12, 2006, 120 Stat. 763.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsA prior section 1229, act June 27, 1952, ch. 477, title II, ch. 4, § 239, 66 Stat. 203, as amended, which related to designation of ports of entry for aliens arriving by aircraft, was renumbered section 234 of act June 27, 1952, by Pub. L. 104–208, div. C, title III, § 304(a)(1), Sept. 30, 1996, 110 Stat. 3009–587, and was transferred to section 1224 of this title.
|
||||
|
||||
Amendments2006—Subsec. (e). Pub. L. 109–162 added subsec. (e). Subsec. (e)(2)(B). Pub. L. 109–271 substituted “(U)” for “(V)”.
|
||||
|
||||
Effective Date of 2006 AmendmentPub. L. 109–162, title VIII, § 825(c)(2), Jan. 5, 2006, 119 Stat. 3065, provided that: “The amendment made by paragraph (1) [amending this section] shall take effect on the date that is 30 days after the date of the enactment of this Act [Jan. 5, 2006] and shall apply to apprehensions occurring on or after such date.”
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection 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 an Effective Date of 1996 Amendments note under section 1101 of this title.
|
||||
|
||||
Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.
|
||||
|
||||
Consideration of Military Service in Removal DeterminationsPub. L. 116–92, div. A, title V, § 570B(b), Dec. 20, 2019, 133 Stat. 1399, provided that: “(1) In general.—With regards to an individual, an immigration officer shall take into consideration evidence of military service by that individual in determining whether—“(A) to issue to that individual a notice to appear in removal proceedings, an administrative order of removal, or a reinstatement of a final removal order; and “(B) to execute a final order of removal regarding that individual. “(2) Definitions.—In this subsection:“(A) The term ‘evidence of service’ means evidence that an individual served as a member of the Armed Forces, and the characterization of each period of service of that individual in the Armed Forces. “(B) The term ‘immigration officer’ has the meaning given that term in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).”
|
||||
@@ -0,0 +1,207 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 1229a"
|
||||
description: "Removal proceedings"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "12"
|
||||
chapter_name: "IMMIGRATION AND NATIONALITY"
|
||||
section: "1229a"
|
||||
citation: "8 U.S.C. § 1229a"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s1229a"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "65415118b4f02a5a012273e0cda60021ffaee30fb33e2dcebc16c1088e632cc4"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "fe699efcffd6693b0f8737cf205f69b37ac7c8de1997c8f4fe93217f3c033824"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 1229a - Removal proceedings
|
||||
|
||||
## Text
|
||||
|
||||
(a) Proceeding (1) In general An immigration judge shall conduct proceedings for deciding the inadmissibility or deportability of an alien.
|
||||
|
||||
(2) Charges An alien placed in proceedings under this section may be charged with any applicable ground of inadmissibility under section 1182(a) of this title or any applicable ground of deportability under section 1227(a) of this title.
|
||||
|
||||
(3) Exclusive procedures Unless otherwise specified in this chapter, a proceeding under this section shall be the sole and exclusive procedure for determining whether an alien may be admitted to the United States or, if the alien has been so admitted, removed from the United States. Nothing in this section shall affect proceedings conducted pursuant to section 1228 of this title.
|
||||
|
||||
(b) Conduct of proceeding (1) Authority of immigration judge The immigration judge shall administer oaths, receive evidence, and interrogate, examine, and cross-examine the alien and any witnesses. The immigration judge may issue subpoenas for the attendance of witnesses and presentation of evidence. The immigration judge shall have authority (under regulations prescribed by the Attorney General) to sanction by civil money penalty any action (or inaction) in contempt of the judge’s proper exercise of authority under this chapter.
|
||||
|
||||
(2) Form of proceeding (A) In general The proceeding may take place—
|
||||
|
||||
(i) in person,
|
||||
|
||||
(ii) where agreed to by the parties, in the absence of the alien,
|
||||
|
||||
(iii) through video conference, or
|
||||
|
||||
(iv) subject to subparagraph (B), through telephone conference.
|
||||
|
||||
(B) Consent required in certain cases An evidentiary hearing on the merits may only be conducted through a telephone conference with the consent of the alien involved after the alien has been advised of the right to proceed in person or through video conference.
|
||||
|
||||
(3) Presence of alien If it is impracticable by reason of an alien’s mental incompetency for the alien to be present at the proceeding, the Attorney General shall prescribe safeguards to protect the rights and privileges of the alien.
|
||||
|
||||
(4) Alien’s rights in proceeding In proceedings under this section, under regulations of the Attorney General—
|
||||
|
||||
(A) the alien shall have the privilege of being represented, at no expense to the Government, by counsel of the alien’s choosing who is authorized to practice in such proceedings,
|
||||
|
||||
(B) the alien shall have a reasonable opportunity to examine the evidence against the alien, to present evidence on the alien’s own behalf, and to cross-examine witnesses presented by the Government but these rights shall not entitle the alien to examine such national security information as the Government may proffer in opposition to the alien’s admission to the United States or to an application by the alien for discretionary relief under this chapter, and
|
||||
|
||||
(C) a complete record shall be kept of all testimony and evidence produced at the proceeding.
|
||||
|
||||
(5) Consequences of failure to appear (A) In general Any alien who, after written notice required under paragraph (1) or (2) of section 1229(a) of this title has been provided to the alien or the alien’s counsel of record, does not attend a proceeding under this section, shall be ordered removed in absentia if the Service establishes by clear, unequivocal, and convincing evidence that the written notice was so provided and that the alien is removable (as defined in subsection (e)(2)). The written notice by the Attorney General shall be considered sufficient for purposes of this subparagraph if provided at the most recent address provided under section 1229(a)(1)(F) of this title.
|
||||
|
||||
(B) No notice if failure to provide address information No written notice shall be required under subparagraph (A) if the alien has failed to provide the address required under section 1229(a)(1)(F) of this title.
|
||||
|
||||
(C) Rescission of order Such an order may be rescinded only—
|
||||
|
||||
(i) upon a motion to reopen filed within 180 days after the date of the order of removal if the alien demonstrates that the failure to appear was because of exceptional circumstances (as defined in subsection (e)(1)), or
|
||||
|
||||
(ii) upon a motion to reopen filed at any time if the alien demonstrates that the alien did not receive notice in accordance with paragraph (1) or (2) of section 1229(a) of this title or the alien demonstrates that the alien was in Federal or State custody and the failure to appear was through no fault of the alien.
|
||||
|
||||
The filing of the motion to reopen described in clause (i) or (ii) shall stay the removal of the alien pending disposition of the motion by the immigration judge.
|
||||
|
||||
(D) Effect on judicial review Any petition for review under section 1252 of this title of an order entered in absentia under this paragraph shall (except in cases described in section 1252(b)(5) of this title) be confined to (i) the validity of the notice provided to the alien, (ii) the reasons for the alien’s not attending the proceeding, and (iii) whether or not the alien is removable.
|
||||
|
||||
(E) Additional application to certain aliens in contiguous territory The preceding provisions of this paragraph shall apply to all aliens placed in proceedings under this section, including any alien who remains in a contiguous foreign territory pursuant to section 1225(b)(2)(C) of this title.
|
||||
|
||||
(6) Treatment of frivolous behavior The Attorney General shall, by regulation—
|
||||
|
||||
(A) define in a proceeding before an immigration judge or before an appellate administrative body under this subchapter, frivolous behavior for which attorneys may be sanctioned,
|
||||
|
||||
(B) specify the circumstances under which an administrative appeal of a decision or ruling will be considered frivolous and will be summarily dismissed, and
|
||||
|
||||
(C) impose appropriate sanctions (which may include suspension and disbarment) in the case of frivolous behavior.
|
||||
|
||||
Nothing in this paragraph shall be construed as limiting the authority of the Attorney General to take actions with respect to inappropriate behavior.
|
||||
|
||||
(7) Limitation on discretionary relief for failure to appear Any alien against whom a final order of removal is entered in absentia under this subsection and who, at the time of the notice described in paragraph (1) or (2) of section 1229(a) of this title, was provided oral notice, either in the alien’s native language or in another language the alien understands, of the time and place of the proceedings and of the consequences under this paragraph of failing, other than because of exceptional circumstances (as defined in subsection (e)(1)) to attend a proceeding under this section, shall not be eligible for relief under section 1229b, 1229c, 1255, 1258, or 1259 of this title for a period of 10 years after the date of the entry of the final order of removal.
|
||||
|
||||
(c) Decision and burden of proof (1) Decision (A) In general At the conclusion of the proceeding the immigration judge shall decide whether an alien is removable from the United States. The determination of the immigration judge shall be based only on the evidence produced at the hearing.
|
||||
|
||||
(B) Certain medical decisions If a medical officer or civil surgeon or board of medical officers has certified under section 1222(b) of this title that an alien has a disease, illness, or addiction which would make the alien inadmissible under paragraph (1) of section 1182(a) of this title, the decision of the immigration judge shall be based solely upon such certification.
|
||||
|
||||
(2) Burden on alien In the proceeding the alien has the burden of establishing—
|
||||
|
||||
(A) if the alien is an applicant for admission, that the alien is clearly and beyond doubt entitled to be admitted and is not inadmissible under section 1182 of this title; or
|
||||
|
||||
(B) by clear and convincing evidence, that the alien is lawfully present in the United States pursuant to a prior admission.
|
||||
|
||||
In meeting the burden of proof under subparagraph (B), the alien shall have access to the alien’s visa or other entry document, if any, and any other records and documents, not considered by the Attorney General to be confidential, pertaining to the alien’s admission or presence in the United States.
|
||||
|
||||
(3) Burden on service in cases of deportable aliens (A) In general In the proceeding the Service has the burden of establishing by clear and convincing evidence that, in the case of an alien who has been admitted to the United States, the alien is deportable. No decision on deportability shall be valid unless it is based upon reasonable, substantial, and probative evidence.
|
||||
|
||||
(B) Proof of convictions In any proceeding under this chapter, any of the following documents or records (or a certified copy of such an official document or record) shall constitute proof of a criminal conviction:
|
||||
|
||||
(i) An official record of judgment and conviction.
|
||||
|
||||
(ii) An official record of plea, verdict, and sentence.
|
||||
|
||||
(iii) A docket entry from court records that indicates the existence of the conviction.
|
||||
|
||||
(iv) Official minutes of a court proceeding or a transcript of a court hearing in which the court takes notice of the existence of the conviction.
|
||||
|
||||
(v) An abstract of a record of conviction prepared by the court in which the conviction was entered, or by a State official associated with the State’s repository of criminal justice records, that indicates the charge or section of law violated, the disposition of the case, the existence and date of conviction, and the sentence.
|
||||
|
||||
(vi) Any document or record prepared by, or under the direction of, the court in which the conviction was entered that indicates the existence of a conviction.
|
||||
|
||||
(vii) Any document or record attesting to the conviction that is maintained by an official of a State or Federal penal institution, which is the basis for that institution’s authority to assume custody of the individual named in the record.
|
||||
|
||||
(C) Electronic records In any proceeding under this chapter, any record of conviction or abstract that has been submitted by electronic means to the Service from a State or court shall be admissible as evidence to prove a criminal conviction if it is—
|
||||
|
||||
(i) certified by a State official associated with the State’s repository of criminal justice records as an official record from its repository or by a court official from the court in which the conviction was entered as an official record from its repository, and
|
||||
|
||||
(ii) certified in writing by a Service official as having been received electronically from the State’s record repository or the court’s record repository.
|
||||
|
||||
A certification under clause (i) may be by means of a computer-generated signature and statement of authenticity.
|
||||
|
||||
(4) Applications for relief from removal (A) In general An alien applying for relief or protection from removal has the burden of proof to establish that the alien—
|
||||
|
||||
(i) satisfies the applicable eligibility requirements; and
|
||||
|
||||
(ii) with respect to any form of relief that is granted in the exercise of discretion, that the alien merits a favorable exercise of discretion.
|
||||
|
||||
(B) Sustaining burden The applicant must comply with the applicable requirements to submit information or documentation in support of the applicant’s application for relief or protection as provided by law or by regulation or in the instructions for the application form. In evaluating the testimony of the applicant or other witness in support of the application, the immigration judge will determine whether or not the testimony is credible, is persuasive, and refers to specific facts sufficient to demonstrate that the applicant has satisfied the applicant’s burden of proof. In determining whether the applicant has met such burden, the immigration judge shall weigh the credible testimony along with other evidence of record. Where the immigration judge determines that the applicant should provide evidence which corroborates otherwise credible testimony, such evidence must be provided unless the applicant demonstrates that the applicant does not have the evidence and cannot reasonably obtain the evidence.
|
||||
|
||||
(C) Credibility determination Considering the totality of the circumstances, and all relevant factors, the immigration judge may base a credibility determination on the demeanor, candor, or responsiveness of the applicant or witness, the inherent plausibility of the applicant’s or witness’s account, the consistency between the applicant’s or witness’s written and oral statements (whenever made and whether or not under oath, and considering the circumstances under which the statements were made), the internal consistency of each such statement, the consistency of such statements with other evidence of record (including the reports of the Department of State on country conditions), and any inaccuracies or falsehoods in such statements, without regard to whether an inconsistency, inaccuracy, or falsehood goes to the heart of the applicant’s claim, or any other relevant factor. There is no presumption of credibility, however, if no adverse credibility determination is explicitly made, the applicant or witness shall have a rebuttable presumption of credibility on appeal.
|
||||
|
||||
(5) Notice If the immigration judge decides that the alien is removable and orders the alien to be removed, the judge shall inform the alien of the right to appeal that decision and of the consequences for failure to depart under the order of removal, including civil and criminal penalties.
|
||||
|
||||
(6) Motions to reconsider (A) In general The alien may file one motion to reconsider a decision that the alien is removable from the United States.
|
||||
|
||||
(B) Deadline The motion must be filed within 30 days of the date of entry of a final administrative order of removal.
|
||||
|
||||
(C) Contents The motion shall specify the errors of law or fact in the previous order and shall be supported by pertinent authority.
|
||||
|
||||
(7) Motions to reopen (A) In general An alien may file one motion to reopen proceedings under this section, except that this limitation shall not apply so as to prevent the filing of one motion to reopen described in subparagraph (C)(iv).
|
||||
|
||||
(B) Contents The motion to reopen shall state the new facts that will be proven at a hearing to be held if the motion is granted, and shall be supported by affidavits or other evidentiary material.
|
||||
|
||||
(C) Deadline (i) In general Except as provided in this subparagraph, the motion to reopen shall be filed within 90 days of the date of entry of a final administrative order of removal.
|
||||
|
||||
(ii) Asylum There is no time limit on the filing of a motion to reopen if the basis of the motion is to apply for relief under sections 11 So in original. 1158 or 1231(b)(3) of this title and is based on changed country conditions arising in the country of nationality or the country to which removal has been ordered, if such evidence is material and was not available and would not have been discovered or presented at the previous proceeding.
|
||||
|
||||
(iii) Failure to appear The filing of a motion to reopen an order entered pursuant to subsection (b)(5) is subject to the deadline specified in subparagraph (C) of such subsection.
|
||||
|
||||
(iv) Special rule for battered spouses, children, and parents Any limitation under this section on the deadlines for filing such motions shall not apply—
|
||||
|
||||
(I) if the basis for the motion is to apply for relief under clause (iii) or (iv) of section 1154(a)(1)(A) of this title, clause (ii) or (iii) of section 1154(a)(1)(B) of this title,,1 section 1229b(b) of this title, or section 1254(a)(3) of this title (as in effect on March 31, 1997);
|
||||
|
||||
(II) if the motion is accompanied by a cancellation of removal application to be filed with the Attorney General or by a copy of the self-petition that has been or will be filed with the Immigration and Naturalization Service upon the granting of the motion to reopen;
|
||||
|
||||
(III) if the motion to reopen is filed within 1 year of the entry of the final order of removal, except that the Attorney General may, in the Attorney General’s discretion, waive this time limitation in the case of an alien who demonstrates extraordinary circumstances or extreme hardship to the alien’s child; and
|
||||
|
||||
(IV) if the alien is physically present in the United States at the time of filing the motion.
|
||||
|
||||
The filing of a motion to reopen under this clause shall only stay the removal of a qualified alien (as defined in section 1641(c)(1)(B) of this title 22 So in original. A closing parenthesis probably should appear. pending the final disposition of the motion, including exhaustion of all appeals if the motion establishes that the alien is a qualified alien.
|
||||
|
||||
(d) Stipulated removal The Attorney General shall provide by regulation for the entry by an immigration judge of an order of removal stipulated to by the alien (or the alien’s representative) and the Service. A stipulated order shall constitute a conclusive determination of the alien’s removability from the United States.
|
||||
|
||||
(e) Definitions In this section and section 1229b of this title:
|
||||
|
||||
(1) Exceptional circumstances The term “exceptional circumstances” refers to exceptional circumstances (such as battery or extreme cruelty to the alien or any child or parent of the alien, serious illness of the alien, or serious illness or death of the spouse, child, or parent of the alien, but not including less compelling circumstances) beyond the control of the alien.
|
||||
|
||||
(2) Removable The term “removable” means—
|
||||
|
||||
(A) in the case of an alien not admitted to the United States, that the alien is inadmissible under section 1182 of this title, or
|
||||
|
||||
(B) in the case of an alien admitted to the United States, that the alien is deportable under section 1227 of this title.
|
||||
|
||||
(June 27, 1952, ch. 477, title II, ch. 4, § 240, as added Pub. L. 104–208, div. C, title III, § 304(a)(3), Sept. 30, 1996, 110 Stat. 3009–589; amended Pub. L. 106–386, div. B, title V, § 1506(c)(1)(A), Oct. 28, 2000, 114 Stat. 1528; Pub. L. 109–13, div. B, title I, § 101(d), May 11, 2005, 119 Stat. 304; Pub. L. 109–162, title VIII, §§ 813(a)(1), 825(a), Jan. 5, 2006, 119 Stat. 3057, 3063.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThis chapter, referred to in subsecs. (a)(3), (b)(1), (4)(B), and (c)(3)(B), (C), was in the original, “this Act”, meaning act June 27, 1952, ch. 477, 66 Stat. 163, 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 under section 1101 of this title and Tables. Section 1254 of this title, referred to in subsec. (c)(7)(C)(iv)(I), was repealed by Pub. L. 104–208, div. C, title III, § 308(b)(7), Sept. 30, 1996, 110 Stat. 3009–615.
|
||||
|
||||
Prior ProvisionsA prior section 240 of act June 27, 1952, was renumbered section 240C, and is classified to section 1230 of this title.
|
||||
|
||||
Amendments2006—Subsec. (c)(7)(A). Pub. L. 109–162, § 825(a)(1), inserted before period at end “, except that this limitation shall not apply so as to prevent the filing of one motion to reopen described in subparagraph (C)(iv)”. Subsec. (c)(7)(C)(iv). Pub. L. 109–162, § 825(a)(2)(A), (B), substituted “spouses, children, and parents” for “spouses and children” in heading and “Any limitation under this section on the deadlines for filing such motions shall not apply” for “The deadline specified in subsection (b)(5)(C) of this section for filing a motion to reopen does not apply” in introductory provisions. Subsec. (c)(7)(C)(iv)(I). Pub. L. 109–162, § 825(a)(2)(C), which directed substitution of “, section 1229b(b) of this title, or section 1254(a)(3) of this title (as in effect on March 31, 1997)” for “or section 1229b(b) of this title”, was executed by making the substitution for “or section 1229b(b)(2) of this title”, to reflect the probable intent of Congress. Subsec. (c)(7)(C)(iv)(IV). Pub. L. 109–162, § 825(a)(2)(D)–(F), added subcl. (IV). Subsec. (e)(1). Pub. L. 109–162, § 813(a)(1), substituted “battery or extreme cruelty to the alien or any child or parent of the alien, serious illness of the alien,” for “serious illness of the alien”. 2005—Subsec. (c)(4) to (7). Pub. L. 109–13 added par. (4) and redesignated former pars. (4) to (6) as (5) to (7), respectively. 2000—Subsec. (c)(6)(C)(iv). Pub. L. 106–386 added cl. (iv).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2006 AmendmentPub. L. 109–162, title VIII, § 813(a)(2), Jan. 5, 2006, 119 Stat. 3058, provided that: “The amendment made by paragraph (1) [amending this section] shall apply to a failure to appear that occurs before, on, or after the date of the enactment of this Act [Jan. 5, 2006].”
|
||||
|
||||
Effective Date of 2005 AmendmentAmendment by Pub. L. 109–13 effective May 11, 2005, and applicable to applications for asylum, withholding, or other relief from removal made on or after such date, see section 101(h)(2) of Pub. L. 109–13, set out as a note under section 1158 of this title.
|
||||
|
||||
Effective Date of 2000 AmendmentPub. L. 106–386, div. B, title V, § 1506(c)(1)(B), Oct. 28, 2000, 114 Stat. 1528, provided that: “The amendment made by subparagraph (A) [amending this section] shall take effect as if included in the enactment of section 304 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1229–1229c) [Pub. L. 104–208].”
|
||||
|
||||
Effective DateSection 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 an Effective Date of 1996 Amendments note under section 1101 of this title. Subsec. (c)(3)(B), (C) of this section applicable to proving convictions entered before, on, or after Sept. 30, 1996, see section 322(c) of Pub. L. 104–208, set out as an Effective Date of 1996 Amendments note under section 1101 of this title.
|
||||
|
||||
Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.
|
||||
|
||||
Elimination of Time Limitations on Motions To Reopen Deportation Proceedings for Victims of Domestic ViolencePub. L. 106–386, div. B, title V, § 1506(c)(2), Oct. 28, 2000, 114 Stat. 1528, as amended by Pub. L. 109–162, title VIII, §§ 814(a), 825(b), Jan. 5, 2006, 119 Stat. 3058, 3064, provided that: “(A)(i) In general.—Notwithstanding any limitation imposed by law on motions to reopen or rescind deportation proceedings under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.] (as in effect before the title III–A effective date in section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 [Pub. L. 104–208] (8 U.S.C. 1101 note))—“(I) there is no time limit on the filing of a motion to reopen such proceedings, and the deadline specified in section 242B(c)(3) of the Immigration and Nationality Act (as so in effect) (8 U.S.C. 1252b(c)(3)) does not apply—“(aa) if the basis of the motion is to apply for relief under clause (iii) or (iv) of section 204(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)), clause (ii) or (iii) of section 204(a)(1)(B) of such Act (8 U.S.C. 1154(a)(1)(B)), or section 244(a)(3) of such Act (as so in effect) (8 U.S.C. 1254(a)(3)); and “(bb) if the motion is accompanied by a suspension of deportation application to be filed with the Secretary of Homeland Security or by a copy of the self-petition that will be filed with the Department of Homeland Security upon the granting of the motion to reopen; and “(II) any such limitation shall not apply so as to prevent the filing of one motion to reopen described in section 240(c)(7)(C)(iv) of the Immigration and Nationality Act (8 U.S.C. 1229a(c)(7)). “(ii) Prima facie case.—The filing of a motion to reopen under this subparagraph shall only stay the removal of a qualified alien (as defined in section 431(c)(1)(B) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(c)(1)(B))[)] pending the final disposition of the motion, including exhaustion of all appeals if the motion establishes that the alien is a qualified alien. “(B) Applicability.—Subparagraph (A) shall apply to motions filed by aliens who are physically present in the United States and who—“(i) are, or were, in deportation or exclusion proceedings under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.] (as in effect before the title III–A effective date in section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1101 note)); and “(ii) have become eligible to apply for relief described in subparagraph (A)(i) as a result of the amendments made by—“(I) subtitle G [§ 40701 et seq.] of title IV of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103–322; 108 Stat. 1953 et seq.) [see Tables for classification]; or “(II) this title [see Short Title of 2000 Amendment note set out under section 1101 of this title].”
|
||||
|
||||
References to Order of Removal Deemed To Include Order of Exclusion and DeportationFor purposes of this chapter, any reference in law to an order of removal is deemed to include a reference to an order of exclusion and deportation or an order of deportation, see section 309(d)(2) of Pub. L. 104–208, set out in an Effective Date of 1996 Amendments note under section 1101 of this title.
|
||||
File diff suppressed because one or more lines are too long
File diff suppressed because one or more lines are too long
@@ -0,0 +1,49 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 1230"
|
||||
description: "Records of admission"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "12"
|
||||
chapter_name: "IMMIGRATION AND NATIONALITY"
|
||||
section: "1230"
|
||||
citation: "8 U.S.C. § 1230"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s1230"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "fff1836a535ba76e03225601b9076ed11994ea2de1f00c8c3fa009a634400c9d"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "6f17c8cb50ce76417a4050ad08e7cbf1386995c61d36648aabfc3c782e1a2e3b"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 1230 - Records of admission
|
||||
|
||||
## Text
|
||||
|
||||
(a) The Attorney General shall cause to be filed, as a record of admission of each immigrant, the immigrant visa required by section 1201(e) of this title to be surrendered at the port of entry by the arriving alien to an immigration officer.
|
||||
|
||||
(b) The Attorney General shall cause to be filed such record of the admission into the United States of each immigrant admitted under section 1181(b) of this title and of each nonimmigrant as the Attorney General deems necessary for the enforcement of the immigration laws.
|
||||
|
||||
(June 27, 1952, ch. 477, title II, ch. 4, § 240C, formerly § 240, 66 Stat. 204; renumbered § 240C and amended Pub. L. 104–208, div. C, title III, §§ 304(a)(2), 308(f)(1)(K), Sept. 30, 1996, 110 Stat. 3009–587, 3009–621.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1996—Subsec. (b). Pub. L. 104–208, § 308(f)(1)(K), substituted “admission” for “entry”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1996 AmendmentAmendment by 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.
|
||||
|
||||
Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.
|
||||
@@ -0,0 +1,343 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 1231"
|
||||
description: "Detention and removal of aliens ordered removed"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "12"
|
||||
chapter_name: "IMMIGRATION AND NATIONALITY"
|
||||
section: "1231"
|
||||
citation: "8 U.S.C. § 1231"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s1231"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "ecf0e90032d73db2cddd3956ef589019ef403d6b5ee195b164168f06c34116b5"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "dd67c9afb74f6ac51a592bfbb71646d092284146b2843cbc7d6b2db9cf020faf"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 1231 - Detention and removal of aliens ordered removed
|
||||
|
||||
## Text
|
||||
|
||||
(a) Detention, release, and removal of aliens ordered removed (1) Removal period (A) In general Except as otherwise provided in this section, when an alien is ordered removed, the Attorney General shall remove the alien from the United States within a period of 90 days (in this section referred to as the “removal period”).
|
||||
|
||||
(B) Beginning of period The removal period begins on the latest of the following:
|
||||
|
||||
(i) The date the order of removal becomes administratively final.
|
||||
|
||||
(ii) If the removal order is judicially reviewed and if a court orders a stay of the removal of the alien, the date of the court’s final order.
|
||||
|
||||
(iii) If the alien is detained or confined (except under an immigration process), the date the alien is released from detention or confinement.
|
||||
|
||||
(C) Suspension of period The removal period shall be extended beyond a period of 90 days and the alien may remain in detention during such extended period if the alien fails or refuses to make timely application in good faith for travel or other documents necessary to the alien’s departure or conspires or acts to prevent the alien’s removal subject to an order of removal.
|
||||
|
||||
(2) Detention (A) In general During the removal period, the Attorney General shall detain the alien. Under no circumstance during the removal period shall the Attorney General release an alien who has been found inadmissible under section 1182(a)(2) or 1182(a)(3)(B) of this title or deportable under section 1227(a)(2) or 1227(a)(4)(B) of this title.
|
||||
|
||||
(B) Enforcement by attorney general of a State The attorney general of a State, or other authorized State officer, alleging a violation of the detention requirement under subparagraph (A) that harms such State or its residents shall have standing to bring an action against the Secretary of Homeland Security on behalf of such State or the residents of such State in an appropriate district court of the United States to obtain appropriate injunctive relief. The court shall advance on the docket and expedite the disposition of a civil action filed under this subparagraph to the greatest extent practicable. For purposes of this subparagraph, a State or its residents shall be considered to have been harmed if the State or its residents experience harm, including financial harm in excess of $100.
|
||||
|
||||
(3) Supervision after 90-day period If the alien does not leave or is not removed within the removal period, the alien, pending removal, shall be subject to supervision under regulations prescribed by the Attorney General. The regulations shall include provisions requiring the alien—
|
||||
|
||||
(A) to appear before an immigration officer periodically for identification;
|
||||
|
||||
(B) to submit, if necessary, to a medical and psychiatric examination at the expense of the United States Government;
|
||||
|
||||
(C) to give information under oath about the alien’s nationality, circumstances, habits, associations, and activities, and other information the Attorney General considers appropriate; and
|
||||
|
||||
(D) to obey reasonable written restrictions on the alien’s conduct or activities that the Attorney General prescribes for the alien.
|
||||
|
||||
(4) Aliens imprisoned, arrested, or on parole, supervised release, or probation (A) In general Except as provided in section 259(a) 11 See References in Text note below. of title 42 and paragraph (2),22 So in original. Probably should be “subparagraph (B),”. the Attorney General may not remove an alien who is sentenced to imprisonment until the alien is released from imprisonment. Parole, supervised release, probation, or possibility of arrest or further imprisonment is not a reason to defer removal.
|
||||
|
||||
(B) Exception for removal of nonviolent offenders prior to completion of sentence of imprisonment The Attorney General is authorized to remove an alien in accordance with applicable procedures under this chapter before the alien has completed a sentence of imprisonment—
|
||||
|
||||
(i) in the case of an alien in the custody of the Attorney General, if the Attorney General determines that (I) the alien is confined pursuant to a final conviction for a nonviolent offense (other than an offense related to smuggling or harboring of aliens or an offense described in section 1101(a)(43)(B), (C), (E), (I), or (L) of this title 33 So in original. Probably should be followed by a closing parenthesis. and (II) the removal of the alien is appropriate and in the best interest of the United States; or
|
||||
|
||||
(ii) in the case of an alien in the custody of a State (or a political subdivision of a State), if the chief State official exercising authority with respect to the incarceration of the alien determines that (I) the alien is confined pursuant to a final conviction for a nonviolent offense (other than an offense described in section 1101(a)(43)(C) or (E) of this title), (II) the removal is appropriate and in the best interest of the State, and (III) submits a written request to the Attorney General that such alien be so removed.
|
||||
|
||||
(C) Notice Any alien removed pursuant to this paragraph shall be notified of the penalties under the laws of the United States relating to the reentry of deported aliens, particularly the expanded penalties for aliens removed under subparagraph (B).
|
||||
|
||||
(D) No private right No cause or claim may be asserted under this paragraph against any official of the United States or of any State to compel the release, removal, or consideration for release or removal of any alien.
|
||||
|
||||
(5) Reinstatement of removal orders against aliens illegally reentering If the Attorney General finds that an alien has reentered the United States illegally after having been removed or having departed voluntarily, under an order of removal, the prior order of removal is reinstated from its original date and is not subject to being reopened or reviewed, the alien is not eligible and may not apply for any relief under this chapter, and the alien shall be removed under the prior order at any time after the reentry.
|
||||
|
||||
(6) Inadmissible or criminal aliens An alien ordered removed who is inadmissible under section 1182 of this title, removable under section 1227(a)(1)(C), 1227(a)(2), or 1227(a)(4) of this title or who has been determined by the Attorney General to be a risk to the community or unlikely to comply with the order of removal, may be detained beyond the removal period and, if released, shall be subject to the terms of supervision in paragraph (3).
|
||||
|
||||
(7) Employment authorization No alien ordered removed shall be eligible to receive authorization to be employed in the United States unless the Attorney General makes a specific finding that—
|
||||
|
||||
(A) the alien cannot be removed due to the refusal of all countries designated by the alien or under this section to receive the alien, or
|
||||
|
||||
(B) the removal of the alien is otherwise impracticable or contrary to the public interest.
|
||||
|
||||
(b) Countries to which aliens may be removed (1) Aliens arriving at the United States Subject to paragraph (3)—
|
||||
|
||||
(A) In general Except as provided by subparagraphs (B) and (C), an alien who arrives at the United States and with respect to whom proceedings under section 1229a of this title were initiated at the time of such alien’s arrival shall be removed to the country in which the alien boarded the vessel or aircraft on which the alien arrived in the United States.
|
||||
|
||||
(B) Travel from contiguous territory If the alien boarded the vessel or aircraft on which the alien arrived in the United States in a foreign territory contiguous to the United States, an island adjacent to the United States, or an island adjacent to a foreign territory contiguous to the United States, and the alien is not a native, citizen, subject, or national of, or does not reside in, the territory or island, removal shall be to the country in which the alien boarded the vessel that transported the alien to the territory or island.
|
||||
|
||||
(C) Alternative countries If the government of the country designated in subparagraph (A) or (B) is unwilling to accept the alien into that country’s territory, removal shall be to any of the following countries, as directed by the Attorney General:
|
||||
|
||||
(i) The country of which the alien is a citizen, subject, or national.
|
||||
|
||||
(ii) The country in which the alien was born.
|
||||
|
||||
(iii) The country in which the alien has a residence.
|
||||
|
||||
(iv) A country with a government that will accept the alien into the country’s territory if removal to each country described in a previous clause of this subparagraph is impracticable, inadvisable, or impossible.
|
||||
|
||||
(2) Other aliens Subject to paragraph (3)—
|
||||
|
||||
(A) Selection of country by alien Except as otherwise provided in this paragraph—
|
||||
|
||||
(i) any alien not described in paragraph (1) who has been ordered removed may designate one country to which the alien wants to be removed, and
|
||||
|
||||
(ii) the Attorney General shall remove the alien to the country the alien so designates.
|
||||
|
||||
(B) Limitation on designation An alien may designate under subparagraph (A)(i) a foreign territory contiguous to the United States, an adjacent island, or an island adjacent to a foreign territory contiguous to the United States as the place to which the alien is to be removed only if the alien is a native, citizen, subject, or national of, or has resided in, that designated territory or island.
|
||||
|
||||
(C) Disregarding designation The Attorney General may disregard a designation under subparagraph (A)(i) if—
|
||||
|
||||
(i) the alien fails to designate a country promptly;
|
||||
|
||||
(ii) the government of the country does not inform the Attorney General finally, within 30 days after the date the Attorney General first inquires, whether the government will accept the alien into the country;
|
||||
|
||||
(iii) the government of the country is not willing to accept the alien into the country; or
|
||||
|
||||
(iv) the Attorney General decides that removing the alien to the country is prejudicial to the United States.
|
||||
|
||||
(D) Alternative country If an alien is not removed to a country designated under subparagraph (A)(i), the Attorney General shall remove the alien to a country of which the alien is a subject, national, or citizen unless the government of the country—
|
||||
|
||||
(i) does not inform the Attorney General or the alien finally, within 30 days after the date the Attorney General first inquires or within another period of time the Attorney General decides is reasonable, whether the government will accept the alien into the country; or
|
||||
|
||||
(ii) is not willing to accept the alien into the country.
|
||||
|
||||
(E) Additional removal countries If an alien is not removed to a country under the previous subparagraphs of this paragraph, the Attorney General shall remove the alien to any of the following countries:
|
||||
|
||||
(i) The country from which the alien was admitted to the United States.
|
||||
|
||||
(ii) The country in which is located the foreign port from which the alien left for the United States or for a foreign territory contiguous to the United States.
|
||||
|
||||
(iii) A country in which the alien resided before the alien entered the country from which the alien entered the United States.
|
||||
|
||||
(iv) The country in which the alien was born.
|
||||
|
||||
(v) The country that had sovereignty over the alien’s birthplace when the alien was born.
|
||||
|
||||
(vi) The country in which the alien’s birthplace is located when the alien is ordered removed.
|
||||
|
||||
(vii) If impracticable, inadvisable, or impossible to remove the alien to each country described in a previous clause of this subparagraph, another country whose government will accept the alien into that country.
|
||||
|
||||
(F) Removal country when United States is at war When the United States is at war and the Attorney General decides that it is impracticable, inadvisable, inconvenient, or impossible to remove an alien under this subsection because of the war, the Attorney General may remove the alien—
|
||||
|
||||
(i) to the country that is host to a government in exile of the country of which the alien is a citizen or subject if the government of the host country will permit the alien’s entry; or
|
||||
|
||||
(ii) if the recognized government of the country of which the alien is a citizen or subject is not in exile, to a country, or a political or territorial subdivision of a country, that is very near the country of which the alien is a citizen or subject, or, with the consent of the government of the country of which the alien is a citizen or subject, to another country.
|
||||
|
||||
(3) Restriction on removal to a country where alien’s life or freedom would be threatened (A) In general Notwithstanding paragraphs (1) and (2), the Attorney General may not remove an alien to a country if the Attorney General decides that the alien’s life or freedom would be threatened in that country because of the alien’s race, religion, nationality, membership in a particular social group, or political opinion.
|
||||
|
||||
(B) Exception Subparagraph (A) does not apply to an alien deportable under section 1227(a)(4)(D) of this title or if the Attorney General decides that—
|
||||
|
||||
(i) the alien ordered, incited, assisted, or otherwise participated in the persecution of an individual because of the individual’s race, religion, nationality, membership in a particular social group, or political opinion;
|
||||
|
||||
(ii) the alien, having been convicted by a final judgment of a particularly serious crime is a danger to the community of the United States;
|
||||
|
||||
(iii) there are serious reasons to believe that the alien committed a serious nonpolitical crime outside the United States before the alien arrived in the United States; or
|
||||
|
||||
(iv) there are reasonable grounds to believe that the alien is a danger to the security of the United States.
|
||||
|
||||
For purposes of clause (ii), an alien who has been convicted of an aggravated felony (or felonies) for which the alien has been sentenced to an aggregate term of imprisonment of at least 5 years shall be considered to have committed a particularly serious crime. The previous sentence shall not preclude the Attorney General from determining that, notwithstanding the length of sentence imposed, an alien has been convicted of a particularly serious crime. For purposes of clause (iv), an alien who is described in section 1227(a)(4)(B) of this title shall be considered to be an alien with respect to whom there are reasonable grounds for regarding as a danger to the security of the United States.
|
||||
|
||||
(C) Sustaining burden of proof; credibility determinations In determining whether an alien has demonstrated that the alien’s life or freedom would be threatened for a reason described in subparagraph (A), the trier of fact shall determine whether the alien has sustained the alien’s burden of proof, and shall make credibility determinations, in the manner described in clauses (ii) and (iii) of section 1158(b)(1)(B) of this title.
|
||||
|
||||
(c) Removal of aliens arriving at port of entry (1) Vessels and aircraft An alien arriving at a port of entry of the United States who is ordered removed either without a hearing under section 1225(b)(1) or 1225(c) of this title or pursuant to proceedings under section 1229a of this title initiated at the time of such alien’s arrival shall be removed immediately on a vessel or aircraft owned by the owner of the vessel or aircraft on which the alien arrived in the United States, unless—
|
||||
|
||||
(A) it is impracticable to remove the alien on one of those vessels or aircraft within a reasonable time, or
|
||||
|
||||
(B) the alien is a stowaway—
|
||||
|
||||
(i) who has been ordered removed in accordance with section 1225(a)(1) of this title,
|
||||
|
||||
(ii) who has requested asylum, and
|
||||
|
||||
(iii) whose application has not been adjudicated or whose asylum application has been denied but who has not exhausted all appeal rights.
|
||||
|
||||
(2) Stay of removal (A) In general The Attorney General may stay the removal of an alien under this subsection if the Attorney General decides that—
|
||||
|
||||
(i) immediate removal is not practicable or proper; or
|
||||
|
||||
(ii) the alien is needed to testify in the prosecution of a person for a violation of a law of the United States or of any State.
|
||||
|
||||
(B) Payment of detention costs During the period an alien is detained because of a stay of removal under subparagraph (A)(ii), the Attorney General may pay from the appropriation “Immigration and Naturalization Service—Salaries and Expenses”—
|
||||
|
||||
(i) the cost of maintenance of the alien; and
|
||||
|
||||
(ii) a witness fee of $1 a day.
|
||||
|
||||
(C) Release during stay The Attorney General may release an alien whose removal is stayed under subparagraph (A)(ii) on—
|
||||
|
||||
(i) the alien’s filing a bond of at least $500 with security approved by the Attorney General;
|
||||
|
||||
(ii) condition that the alien appear when required as a witness and for removal; and
|
||||
|
||||
(iii) other conditions the Attorney General may prescribe.
|
||||
|
||||
(3) Costs of detention and maintenance pending removal (A) In general Except as provided in subparagraph (B) and subsection (d),44 So in original. Probably should be subsection “(e),”. an owner of a vessel or aircraft bringing an alien to the United States shall pay the costs of detaining and maintaining the alien—
|
||||
|
||||
(i) while the alien is detained under subsection (d)(1), and
|
||||
|
||||
(ii) in the case of an alien who is a stowaway, while the alien is being detained pursuant to—
|
||||
|
||||
(I) subsection (d)(2)(A) or (d)(2)(B)(i),
|
||||
|
||||
(II) subsection (d)(2)(B)(ii) or (iii) for the period of time reasonably necessary for the owner to arrange for repatriation or removal of the stowaway, including obtaining necessary travel documents, but not to extend beyond the date on which it is ascertained that such travel documents cannot be obtained from the country to which the stowaway is to be returned, or
|
||||
|
||||
(III) section 1225(b)(1)(B)(ii) of this title, for a period not to exceed 15 days (excluding Saturdays, Sundays, and holidays) commencing on the first such day which begins on the earlier of 72 hours after the time of the initial presentation of the stowaway for inspection or at the time the stowaway is determined to have a credible fear of persecution.
|
||||
|
||||
(B) Nonapplication Subparagraph (A) shall not apply if—
|
||||
|
||||
(i) the alien is a crewmember;
|
||||
|
||||
(ii) the alien has an immigrant visa;
|
||||
|
||||
(iii) the alien has a nonimmigrant visa or other documentation authorizing the alien to apply for temporary admission to the United States and applies for admission not later than 120 days after the date the visa or documentation was issued;
|
||||
|
||||
(iv) the alien has a reentry permit and applies for admission not later than 120 days after the date of the alien’s last inspection and admission;
|
||||
|
||||
(v) (I) the alien has a nonimmigrant visa or other documentation authorizing the alien to apply for temporary admission to the United States or a reentry permit;
|
||||
|
||||
(II) the alien applies for admission more than 120 days after the date the visa or documentation was issued or after the date of the last inspection and admission under the reentry permit; and
|
||||
|
||||
(III) the owner of the vessel or aircraft satisfies the Attorney General that the existence of the condition relating to inadmissibility could not have been discovered by exercising reasonable care before the alien boarded the vessel or aircraft; or
|
||||
|
||||
(vi) the individual claims to be a national of the United States and has a United States passport.
|
||||
|
||||
(d) Requirements of persons providing transportation (1) Removal at time of arrival An owner, agent, master, commanding officer, person in charge, purser, or consignee of a vessel or aircraft bringing an alien (except an alien crewmember) to the United States shall—
|
||||
|
||||
(A) receive an alien back on the vessel or aircraft or another vessel or aircraft owned or operated by the same interests if the alien is ordered removed under this part; and
|
||||
|
||||
(B) take the alien to the foreign country to which the alien is ordered removed.
|
||||
|
||||
(2) Alien stowaways An owner, agent, master, commanding officer, charterer, or consignee of a vessel or aircraft arriving in the United States with an alien stowaway—
|
||||
|
||||
(A) shall detain the alien on board the vessel or aircraft, or at such place as the Attorney General shall designate, until completion of the inspection of the alien by an immigration officer;
|
||||
|
||||
(B) may not permit the stowaway to land in the United States, except pursuant to regulations of the Attorney General temporarily—
|
||||
|
||||
(i) for medical treatment,
|
||||
|
||||
(ii) for detention of the stowaway by the Attorney General, or
|
||||
|
||||
(iii) for departure or removal of the stowaway; and
|
||||
|
||||
(C) if ordered by an immigration officer, shall remove the stowaway on the vessel or aircraft or on another vessel or aircraft.
|
||||
|
||||
The Attorney General shall grant a timely request to remove the stowaway under subparagraph (C) on a vessel or aircraft other than that on which the stowaway arrived if the requester has obtained any travel documents necessary for departure or repatriation of the stowaway and removal of the stowaway will not be unreasonably delayed.
|
||||
|
||||
(3) Removal upon order An owner, agent, master, commanding officer, person in charge, purser, or consignee of a vessel, aircraft, or other transportation line shall comply with an order of the Attorney General to take on board, guard safely, and transport to the destination specified any alien ordered to be removed under this chapter.
|
||||
|
||||
(e) Payment of expenses of removal (1) Costs of removal at time of arrival In the case of an alien who is a stowaway or who is ordered removed either without a hearing under section 1225(a)(1) 55 So in original. Probably should be “1225(b)(1)”. or 1225(c) of this title or pursuant to proceedings under section 1229a of this title initiated at the time of such alien’s arrival, the owner of the vessel or aircraft (if any) on which the alien arrived in the United States shall pay the transportation cost of removing the alien. If removal is on a vessel or aircraft not owned by the owner of the vessel or aircraft on which the alien arrived in the United States, the Attorney General may—
|
||||
|
||||
(A) pay the cost from the appropriation “Immigration and Naturalization Service—Salaries and Expenses”; and
|
||||
|
||||
(B) recover the amount of the cost in a civil action from the owner, agent, or consignee of the vessel or aircraft (if any) on which the alien arrived in the United States.
|
||||
|
||||
(2) Costs of removal to port of removal for aliens admitted or permitted to land In the case of an alien who has been admitted or permitted to land and is ordered removed, the cost (if any) of removal of the alien to the port of removal shall be at the expense of the appropriation for the enforcement of this chapter.
|
||||
|
||||
(3) Costs of removal from port of removal for aliens admitted or permitted to land (A) Through appropriation Except as provided in subparagraph (B), in the case of an alien who has been admitted or permitted to land and is ordered removed, the cost (if any) of removal of the alien from the port of removal shall be at the expense of the appropriation for the enforcement of this chapter.
|
||||
|
||||
(B) Through owner (i) In general In the case of an alien described in clause (ii), the cost of removal of the alien from the port of removal may be charged to any owner of the vessel, aircraft, or other transportation line by which the alien came to the United States.
|
||||
|
||||
(ii) Aliens described An alien described in this clause is an alien who—
|
||||
|
||||
(I) is admitted to the United States (other than lawfully admitted for permanent residence) and is ordered removed within 5 years of the date of admission based on a ground that existed before or at the time of admission, or
|
||||
|
||||
(II) is an alien crewman permitted to land temporarily under section 1282 of this title and is ordered removed within 5 years of the date of landing.
|
||||
|
||||
(C) Costs of removal of certain aliens granted voluntary departure In the case of an alien who has been granted voluntary departure under section 1229c of this title and who is financially unable to depart at the alien’s own expense and whose removal the Attorney General deems to be in the best interest of the United States, the expense of such removal may be paid from the appropriation for the enforcement of this chapter.
|
||||
|
||||
(f) Aliens requiring personal care during removal (1) In general If the Attorney General believes that an alien being removed requires personal care because of the alien’s mental or physical condition, the Attorney General may employ a suitable person for that purpose who shall accompany and care for the alien until the alien arrives at the final destination.
|
||||
|
||||
(2) Costs The costs of providing the service described in paragraph (1) shall be defrayed in the same manner as the expense of removing the accompanied alien is defrayed under this section.
|
||||
|
||||
(g) Places of detention (1) In general The Attorney General shall arrange for appropriate places of detention for aliens detained pending removal or a decision on removal. When United States Government facilities are unavailable or facilities adapted or suitably located for detention are unavailable for rental, the Attorney General may expend from the appropriation “Immigration and Naturalization Service—Salaries and Expenses”, without regard to section 6101 of title 41, amounts necessary to acquire land and to acquire, build, remodel, repair, and operate facilities (including living quarters for immigration officers if not otherwise available) necessary for detention.
|
||||
|
||||
(2) Detention facilities of the Immigration and Naturalization Service Prior to initiating any project for the construction of any new detention facility for the Service, the Commissioner shall consider the availability for purchase or lease of any existing prison, jail, detention center, or other comparable facility suitable for such use.
|
||||
|
||||
(h) Statutory construction Nothing in this section 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.
|
||||
|
||||
(i) Incarceration (1) If the chief executive officer of a State (or, if appropriate, a political subdivision of the State) exercising authority with respect to the incarceration of an undocumented criminal alien submits a written request to the Attorney General, the Attorney General shall, as determined by the Attorney General—
|
||||
|
||||
(A) enter into a contractual arrangement which provides for compensation to the State or a political subdivision of the State, as may be appropriate, with respect to the incarceration of the undocumented criminal alien; or
|
||||
|
||||
(B) take the undocumented criminal alien into the custody of the Federal Government and incarcerate the alien.
|
||||
|
||||
(2) Compensation under paragraph (1)(A) shall be the average cost of incarceration of a prisoner in the relevant State as determined by the Attorney General.
|
||||
|
||||
(3) For purposes of this subsection, the term “undocumented criminal alien” means an alien who—
|
||||
|
||||
(A) has been convicted of a felony or two or more misdemeanors; and
|
||||
|
||||
(B) (i) entered the United States without inspection or at any time or place other than as designated by the Attorney General;
|
||||
|
||||
(ii) was the subject of exclusion or deportation proceedings at the time he or she was taken into custody by the State or a political subdivision of the State; or
|
||||
|
||||
(iii) was admitted as a nonimmigrant and at the time he or she was taken into custody by the State or a political subdivision of the State has failed to maintain the nonimmigrant status in which the alien was admitted or to which it was changed under section 1258 of this title, or to comply with the conditions of any such status.
|
||||
|
||||
(4) (A) In carrying out paragraph (1), the Attorney General shall give priority to the Federal incarceration of undocumented criminal aliens who have committed aggravated felonies.
|
||||
|
||||
(B) The Attorney General shall ensure that undocumented criminal aliens incarcerated in Federal facilities pursuant to this subsection are held in facilities which provide a level of security appropriate to the crimes for which they were convicted.
|
||||
|
||||
(5) There are authorized to be appropriated to carry out this subsection—
|
||||
|
||||
(A) $750,000,000 for fiscal year 2006;
|
||||
|
||||
(B) $850,000,000 for fiscal year 2007; and
|
||||
|
||||
(C) $950,000,000 for each of the fiscal years 2008 through 2011.
|
||||
|
||||
(6) Amounts appropriated pursuant to the authorization of appropriations in paragraph (5) that are distributed to a State or political subdivision of a State, including a municipality, may be used only for correctional purposes.
|
||||
|
||||
(June 27, 1952, ch. 477, title II, ch. 4, § 241, as added and amended Pub. L. 104–208, div. C, title III, §§ 305(a)(3), 306(a)(1), 328(a)(1), Sept. 30, 1996, 110 Stat. 3009–598, 3009–607, 3009–630; Pub. L. 107–273, div. C, title I, § 11014, Nov. 2, 2002, 116 Stat. 1824; Pub. L. 109–13, div. B, title I, § 101(c), May 11, 2005, 119 Stat. 303; Pub. L. 109–162, title XI, § 1196(a), (b), Jan. 5, 2006, 119 Stat. 3130; Pub. L. 119–1, § 3(e), Jan. 29, 2025, 139 Stat. 5.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextSection 259 of title 42, referred to in subsec. (a)(4)(A), was repealed by Pub. L. 106–310, div. B, title XXXIV, § 3405(a), Oct. 17, 2000, 114 Stat. 1221. This chapter, referred to in subsecs. (a)(4)(B), (5), (d)(3), and (e)(2), (3)(A), (C), was in the original, “this Act”, meaning act June 27, 1952, ch. 477, 66 Stat. 163, 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 under section 1101 of this title and Tables.
|
||||
|
||||
Codification In subsec. (g)(1), “section 6101 of title 41” substituted for “section 3709 of the Revised Statutes (41 U.S.C. 5)” on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. The text of subsec. (j) of section 1252 of this title, which was redesignated as subsec. (i) of this section by Pub. L. 104–208, § 306(a)(1), was based on section 242(j) of act June 27, 1952, ch. 477, title II, ch. 5, as added Sept. 13, 1994, Pub. L. 103–322, title II, § 20301(a), 108 Stat. 1823.
|
||||
|
||||
Prior ProvisionsA prior section 241 of act June 27, 1952, was renumbered section 237, and is classified to section 1227 of this title.
|
||||
|
||||
Amendments2025—Subsec. (a)(2). Pub. L. 119–1 designated existing provisions as subpar. (A), inserted heading, and added subpar. (B). 2006—Subsec. (i)(5). Pub. L. 109–162, § 1196(a), substituted “appropriated to carry out this subsection—” for “appropriated such sums as may be necessary to carry out this subsection in fiscal years 2003 and 2004.” and added subpars. (A) to (C). Subsec. (i)(6). Pub. L. 109–162, § 1196(b), amended par. (6) generally. Prior to amendment, par. (6) read as follows: “To the extent of available appropriations, funds otherwise made available under this section with respect to a State (or political subdivision, including a municipality) for incarceration of an undocumented criminal alien may, at the discretion of the recipient of the funds, be used for the costs of imprisonment of such alien in a State, local, or municipal prison or jail.” 2005—Subsec. (b)(3)(C). Pub. L. 109–13 added subpar. (C). 2002—Subsec. (i)(5). Pub. L. 107–273 substituted “in fiscal years 2003 and 2004” for provisions which authorized specified amounts to be appropriated from the Violent Crime Reduction Trust Fund for fiscal years 1995 to 2002 as set out in subpars. (A) to (F). 1996—Subsec. (i). Pub. L. 104–208, § 306(a)(1), redesignated subsec. (j) of section 1252 of this title as subsec. (i) of this section. See Codification note above. Subsec. (i)(3)(A). Pub. L. 104–208, § 328(a)(1)(A), substituted “felony or two or more misdemeanors” for “felony and sentenced to a term of imprisonment”. Subsec. (i)(6). Pub. L. 104–208, § 328(a)(1)(B), added par. (6).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2006 AmendmentPub. L. 109–162, title XI, § 1196(d), as added by Pub. L. 109–271, § 8(n)(6), Aug. 12, 2006, 120 Stat. 768, provided that: “The amendments made by subsections (a) and (b) [amending this section] shall take effect on October 1, 2006.”
|
||||
|
||||
Effective Date of 2005 AmendmentAmendment by Pub. L. 109–13 effective May 11, 2005, and applicable to applications for asylum, withholding, or other relief from removal made on or after such date, see section 101(h)(2) of Pub. L. 109–13, set out as a note under section 1158 of this title.
|
||||
|
||||
Effective Date of 1996 AmendmentAmendment by section 306(a)(1) of Pub. L. 104–208 applicable as provided under section 309 of Pub. L. 104–208 (see Effective Date note below), see section 306(c) of Pub. L. 104–208, as amended, set out as a note under section 1252 of this title. Pub. L. 104–208, div. C, title III, § 328(a)(2), Sept. 30, 1996, 110 Stat. 3009–630, provided that: “The amendment made by paragraph (1) [amending this section] shall apply beginning with fiscal year 1997.”
|
||||
|
||||
Effective DateSection 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 an Effective Date of 1996 Amendments note under section 1101 of this title.
|
||||
|
||||
Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.
|
||||
|
||||
United States Policy With Respect to Involuntary Return of Persons in Danger of Subjection to TorturePub. L. 105–277, div. G, subdiv. B, title XXII, § 2242, Oct. 21, 1998, 112 Stat. 2681–822, provided that: “(a) Policy.—It shall be the policy of the United States not to expel, extradite, or otherwise effect the involuntary return of any person to a country in which there are substantial grounds for believing the person would be in danger of being subjected to torture, regardless of whether the person is physically present in the United States. “(b) Regulations.—Not later than 120 days after the date of enactment of this Act [Oct. 21, 1998], the heads of the appropriate agencies shall prescribe regulations to implement the obligations of the United States under Article 3 of the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment, subject to any reservations, understandings, declarations, and provisos contained in the United States Senate resolution of ratification of the Convention. “(c) Exclusion of Certain Aliens.—To the maximum extent consistent with the obligations of the United States under the Convention, subject to any reservations, understandings, declarations, and provisos contained in the United States Senate resolution of ratification of the Convention, the regulations described in subsection (b) shall exclude from the protection of such regulations aliens described in section 241(b)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1231(b)(3)(B)). “(d) Review and Construction.—Notwithstanding any other provision of law, and except as provided in the regulations described in subsection (b), no court shall have jurisdiction to review the regulations adopted to implement this section, and nothing in this section shall be construed as providing any court jurisdiction to consider or review claims raised under the Convention or this section, or any other determination made with respect to the application of the policy set forth in subsection (a), except as part of the review of a final order of removal pursuant to section 242 of the Immigration and Nationality Act (8 U.S.C. 1252). “(e) Authority To Detain.—Nothing in this section shall be construed as limiting the authority of the Attorney General to detain any person under any provision of law, including, but not limited to, any provision of the Immigration and Nationality Act [8 U.S.C. 1101 et seq.]. “(f) Definitions.—“(1) Convention defined.—In this section, the term ‘Convention’ means the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment, done at New York on December 10, 1984. “(2) Same terms as in the convention.—Except as otherwise provided, the terms used in this section have the meanings given those terms in the Convention, subject to any reservations, understandings, declarations, and provisos contained in the United States Senate resolution of ratification of the Convention.”
|
||||
|
||||
References to Order of Removal Deemed To Include Order of Exclusion and DeportationFor purposes of carrying out this chapter, any reference in law to an order of removal is deemed to include a reference to an order of exclusion and deportation or an order of deportation, see section 309(d)(2) of Pub. L. 104–208, set out in an Effective Date of 1996 Amendments note under section 1101 of this title.
|
||||
|
||||
Pilot Program on Use of Closed Military Bases for Detention of Inadmissible or Deportable AliensPub. L. 104–208, div. C, title III, § 387, Sept. 30, 1996, 110 Stat. 3009–655, provided that: “(a) Establishment.—The Attorney General and the Secretary of Defense shall establish one or more pilot programs for up to 2 years each to determine the feasibility of the use of military bases, available because of actions under a base closure law, as detention centers by the Immigration and Naturalization Service. In selecting real property at a military base for use as a detention center under the pilot program, the Attorney General and the Secretary shall consult with the redevelopment authority established for the military base and give substantial deference to the redevelopment plan prepared for the military base. “(b) Report.—Not later than 30 months after the date of the enactment of this Act [Sept. 30, 1996], the Attorney General, together with the Secretary of Defense, shall submit a report to the Committees on the Judiciary of the House of Representatives and of the Senate, and the Committees on Armed Services of the House of Representatives and of the Senate, on the feasibility of using military bases closed under a base closure law as detention centers by the Immigration and Naturalization Service. “(c) Definition.—For purposes of this section, the term ‘base closure law’ means each of the following:“(1) The Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note). “(2) Title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100–526; 10 U.S.C. 2687 note). “(3) Section 2687 of title 10, United States Code. “(4) Any other similar law enacted after the date of the enactment of this Act [Sept. 30, 1996].”
|
||||
|
||||
Interior Repatriation ProgramPub. L. 104–208, div. C, title III, § 388, Sept. 30, 1996, 110 Stat. 3009–655, provided that: “Not later than 30 months after the date of the enactment of this Act [Sept. 30, 1996], the Attorney General, in consultation with the Secretary of State, shall submit a report to the Committees on the Judiciary of the House of Representatives and of the Senate on the operation of the program of interior repatriation developed under section 437 of the Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104–132) [set out as a note below].” Pub. L. 104–132, title IV, § 437, Apr. 24, 1996, 110 Stat. 1275, provided that: “Not later than 180 days after the date of enactment of this Act [Apr. 24, 1996], the Attorney General and the Commissioner of Immigration and Naturalization shall develop and implement a program in which aliens who previously have illegally entered the United States not less than 3 times and are deported or returned to a country contiguous to the United States will be returned to locations not less than 500 kilometers from that country’s border with the United States.”
|
||||
|
||||
Termination of LimitationPub. L. 103–322, title II, § 20301(c), Sept. 13, 1994, 108 Stat. 1824, as amended by Pub. L. 104–208, div. C, title III, § 308(g)(5)(G), Sept. 30, 1996, 110 Stat. 3009–623, provided that notwithstanding subsec. (h)(5) [(i)(5)] of this section the requirements of subsec. (h) [i] of this section were not to be subject to the availability of appropriations on and after Oct. 1, 2004, prior to repeal by Pub. L. 109–162, title XI, § 1172(c), Jan. 5, 2006, 119 Stat. 3123.
|
||||
@@ -0,0 +1,211 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 1232"
|
||||
description: "Enhancing efforts to combat the trafficking of children"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "12"
|
||||
chapter_name: "IMMIGRATION AND NATIONALITY"
|
||||
section: "1232"
|
||||
citation: "8 U.S.C. § 1232"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s1232"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "3f5adc8636a352c8ed80a9a9a66781eec14837707bc20c892817655643c2d37c"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "ba7f775a1dbb04e051b543f4ff9da8499eb47090937304be759e046ea416f0b5"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 1232 - Enhancing efforts to combat the trafficking of children
|
||||
|
||||
## Text
|
||||
|
||||
(a) Combating child trafficking at the border and ports of entry of the United States (1) Policies and procedures In order to enhance the efforts of the United States to prevent trafficking in persons, the Secretary of Homeland Security, in conjunction with the Secretary of State, the Attorney General, and the Secretary of Health and Human Services, shall develop policies and procedures to ensure that unaccompanied alien children in the United States are safely repatriated to their country of nationality or of last habitual residence.
|
||||
|
||||
(2) Special rules for children from contiguous countries (A) Determinations Any unaccompanied alien child who is a national or habitual resident of a country that is contiguous with the United States shall be treated in accordance with subparagraph (B), if the Secretary of Homeland Security determines, on a case-by-case basis, that—
|
||||
|
||||
(i) such child has not been a victim of a severe form of trafficking in persons, and there is no credible evidence that such child is at risk of being trafficked upon return to the child’s country of nationality or of last habitual residence;
|
||||
|
||||
(ii) such child does not have a fear of returning to the child’s country of nationality or of last habitual residence owing to a credible fear of persecution; and
|
||||
|
||||
(iii) the child is able to make an independent decision to withdraw the child’s application for admission to the United States.
|
||||
|
||||
(B) Return An immigration officer who finds an unaccompanied alien child described in subparagraph (A) at a land border or port of entry of the United States and determines that such child is inadmissible under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) may—
|
||||
|
||||
(i) permit such child to withdraw the child’s application for admission pursuant to section 235(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1225(a)(4)); and
|
||||
|
||||
(ii) return such child to the child’s country of nationality or country of last habitual residence.
|
||||
|
||||
(C) Contiguous country agreements The Secretary of State shall negotiate agreements between the United States and countries contiguous to the United States with respect to the repatriation of children. Such agreements shall be designed to protect children from severe forms of trafficking in persons, and shall, at a minimum, provide that—
|
||||
|
||||
(i) no child shall be returned to the child’s country of nationality or of last habitual residence unless returned to appropriate employees or officials, including child welfare officials where available, of the accepting country’s government;
|
||||
|
||||
(ii) no child shall be returned to the child’s country of nationality or of last habitual residence outside of reasonable business hours; and
|
||||
|
||||
(iii) border personnel of the countries that are parties to such agreements are trained in the terms of such agreements.
|
||||
|
||||
(3) Rule for other children The custody of unaccompanied alien children not described in paragraph (2)(A) who are apprehended at the border of the United States or at a United States port of entry shall be treated in accordance with subsection (b).
|
||||
|
||||
(4) Screening Within 48 hours of the apprehension of a child who is believed to be described in paragraph (2)(A), but in any event prior to returning such child to the child’s country of nationality or of last habitual residence, the child shall be screened to determine whether the child meets the criteria listed in paragraph (2)(A). If the child does not meet such criteria, or if no determination can be made within 48 hours of apprehension, the child shall immediately be transferred to the Secretary of Health and Human Services and treated in accordance with subsection (b). Nothing in this paragraph may be construed to preclude an earlier transfer of the child.
|
||||
|
||||
(5) Ensuring the safe repatriation of children (A) Repatriation pilot program To protect children from trafficking and exploitation, the Secretary of State shall create a pilot program, in conjunction with the Secretary of Health and Human Services and the Secretary of Homeland Security, nongovernmental organizations, and other national and international agencies and experts, to develop and implement best practices to ensure the safe and sustainable repatriation and reintegration of unaccompanied alien children into their country of nationality or of last habitual residence, including placement with their families, legal guardians, or other sponsoring agencies.
|
||||
|
||||
(B) Assessment of country conditions The Secretary of Homeland Security shall consult the Department of State’s Country Reports on Human Rights Practices and the Trafficking in Persons Report in assessing whether to repatriate an unaccompanied alien child to a particular country.
|
||||
|
||||
(C) Report on repatriation of unaccompanied alien children Not later than 18 months after December 23, 2008, and annually thereafter, the Secretary of State and the Secretary of Health and Human Services, with assistance from the Secretary of Homeland Security, shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives on efforts to improve repatriation programs for unaccompanied alien children. Such report shall include—
|
||||
|
||||
(i) the number of unaccompanied alien children ordered removed and the number of such children actually removed from the United States;
|
||||
|
||||
(ii) a statement of the nationalities, ages, and gender of such children;
|
||||
|
||||
(iii) a description of the policies and procedures used to effect the removal of such children from the United States and the steps taken to ensure that such children were safely and humanely repatriated to their country of nationality or of last habitual residence, including a description of the repatriation pilot program created pursuant to subparagraph (A);
|
||||
|
||||
(iv) a description of the type of immigration relief sought and denied to such children;
|
||||
|
||||
(v) any information gathered in assessments of country and local conditions pursuant to paragraph (2); and
|
||||
|
||||
(vi) statistical information and other data on unaccompanied alien children as provided for in section 279(b)(1)(J) of title 6.
|
||||
|
||||
(D) Placement in removal proceedings Any unaccompanied alien child sought to be removed by the Department of Homeland Security, except for an unaccompanied alien child from a contiguous country subject to exceptions under subsection (a)(2), shall be—
|
||||
|
||||
(i) placed in removal proceedings under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a);
|
||||
|
||||
(ii) eligible for relief under section 240B of such Act (8 U.S.C. 1229c) at no cost to the child; and
|
||||
|
||||
(iii) provided access to counsel in accordance with subsection (c)(5).
|
||||
|
||||
(b) Combating child trafficking and exploitation in the United States (1) Care and custody of unaccompanied alien children Consistent with section 279 of title 6, and except as otherwise provided under subsection (a), the care and custody of all unaccompanied alien children, including responsibility for their detention, where appropriate, shall be the responsibility of the Secretary of Health and Human Services.
|
||||
|
||||
(2) Notification Each department or agency of the Federal Government shall notify the Department of Health and Human services 11 So in original. Probably should be capitalized. within 48 hours upon—
|
||||
|
||||
(A) the apprehension or discovery of an unaccompanied alien child; or
|
||||
|
||||
(B) any claim or suspicion that an alien in the custody of such department or agency is under 18 years of age.
|
||||
|
||||
(3) Transfers of unaccompanied alien children Except in the case of exceptional circumstances, any department or agency of the Federal Government that has an unaccompanied alien child in custody shall transfer the custody of such child to the Secretary of Health and Human Services not later than 72 hours after determining that such child is an unaccompanied alien child.
|
||||
|
||||
(4) Age determinations The Secretary of Health and Human Services, in consultation with the Secretary of Homeland Security, shall develop procedures to make a prompt determination of the age of an alien, which shall be used by the Secretary of Homeland Security and the Secretary of Health and Human Services for children in their respective custody. At a minimum, these procedures shall take into account multiple forms of evidence, including the non-exclusive use of radiographs, to determine the age of the unaccompanied alien.
|
||||
|
||||
(c) Providing safe and secure placements for children (1) Policies and programs The Secretary of Health and Human Services, Secretary of Homeland Security, Attorney General, and Secretary of State shall establish policies and programs to ensure that unaccompanied alien children in the United States are protected from traffickers and other persons seeking to victimize or otherwise engage such children in criminal, harmful, or exploitative activity, including policies and programs reflecting best practices in witness security programs.
|
||||
|
||||
(2) Safe and secure placements (A) Minors in department of health and human services custody Subject to section 279(b)(2) of title 6, an unaccompanied alien child in the custody of the Secretary of Health and Human Services shall be promptly placed in the least restrictive setting that is in the best interest of the child. In making such placements, the Secretary may consider danger to self, danger to the community, and risk of flight. Placement of child trafficking victims may include placement in an Unaccompanied Refugee Minor program, pursuant to section 412(d) of the Immigration and Nationality Act (8 U.S.C. 1522(d)), if a suitable family member is not available to provide care. A child shall not be placed in a secure facility absent a determination that the child poses a danger to self or others or has been charged with having committed a criminal offense. The placement of a child in a secure facility shall be reviewed, at a minimum, on a monthly basis, in accordance with procedures prescribed by the Secretary, to determine if such placement remains warranted.
|
||||
|
||||
(B) Aliens transferred from Department of Health and Human Services to Department of Homeland Security custody If a minor described in subparagraph (A) reaches 18 years of age and is transferred to the custody of the Secretary of Homeland Security, the Secretary shall consider placement in the least restrictive setting available after taking into account the alien’s danger to self, danger to the community, and risk of flight. Such aliens shall be eligible to participate in alternative to detention programs, utilizing a continuum of alternatives based on the alien’s need for supervision, which may include placement of the alien with an individual or an organizational sponsor, or in a supervised group home.
|
||||
|
||||
(3) Safety and suitability assessments (A) In general Subject to the requirements of subparagraph (B), an unaccompanied alien child may not be placed with a person or entity unless the Secretary of Health and Human Services makes a determination that the proposed custodian is capable of providing for the child’s physical and mental well-being. Such determination shall, at a minimum, include verification of the custodian’s identity and relationship to the child, if any, as well as an independent finding that the individual has not engaged in any activity that would indicate a potential risk to the child.
|
||||
|
||||
(B) Home studies Before placing the child with an individual, the Secretary of Health and Human Services shall determine whether a home study is first necessary. A home study shall be conducted for a child who is a victim of a severe form of trafficking in persons, a special needs child with a disability (as defined in section 12102 of title 42), a child who has been a victim of physical or sexual abuse under circumstances that indicate that the child’s health or welfare has been significantly harmed or threatened, or a child whose proposed sponsor clearly presents a risk of abuse, maltreatment, exploitation, or trafficking to the child based on all available objective evidence. The Secretary of Health and Human Services shall conduct follow-up services, during the pendency of removal proceedings, on children for whom a home study was conducted and is authorized to conduct follow-up services in cases involving children with mental health or other needs who could benefit from ongoing assistance from a social welfare agency.
|
||||
|
||||
(C) Access to information Not later than 2 weeks after receiving a request from the Secretary of Health and Human Services, the Secretary of Homeland Security shall provide information necessary to conduct suitability assessments from appropriate Federal, State, and local law enforcement and immigration databases.
|
||||
|
||||
(4) Legal orientation presentations The Secretary of Health and Human Services shall cooperate with the Executive Office for Immigration Review to ensure that custodians receive legal orientation presentations provided through the Legal Orientation Program administered by the Executive Office for Immigration Review. At a minimum, such presentations shall address the custodian’s responsibility to attempt to ensure the child’s appearance at all immigration proceedings and to protect the child from mistreatment, exploitation, and trafficking.
|
||||
|
||||
(5) Access to counsel The Secretary of Health and Human Services shall ensure, to the greatest extent practicable and consistent with section 292 of the Immigration and Nationality Act (8 U.S.C. 1362), that all unaccompanied alien children who are or have been in the custody of the Secretary or the Secretary of Homeland Security, and who are not described in subsection (a)(2)(A), have counsel to represent them in legal proceedings or matters and protect them from mistreatment, exploitation, and trafficking. To the greatest extent practicable, the Secretary of Health and Human Services shall make every effort to utilize the services of pro bono counsel who agree to provide representation to such children without charge.
|
||||
|
||||
(6) Child advocates (A) In general The Secretary of Health and Human Services is authorized to appoint independent child advocates for child trafficking victims and other vulnerable unaccompanied alien children. A child advocate shall be provided access to materials necessary to effectively advocate for the best interest of the child. The child advocate shall not be compelled to testify or provide evidence in any proceeding concerning any information or opinion received from the child in the course of serving as a child advocate. The child advocate shall be presumed to be acting in good faith and be immune from civil liability for lawful conduct of duties as described in this provision.
|
||||
|
||||
(B) Appointment of child advocates (i) Initial sites Not later than 2 years after March 7, 2013, the Secretary of Health and Human Services shall appoint child advocates at 3 new immigration detention sites to provide independent child advocates for trafficking victims and vulnerable unaccompanied alien children.
|
||||
|
||||
(ii) Additional sites Not later than 3 years after March 7, 2013, the Secretary shall appoint child advocates at not more than 3 additional immigration detention sites.
|
||||
|
||||
(iii) Selection of sites Sites at which child advocate programs will be established under this subparagraph shall be located at immigration detention sites at which more than 50 children are held in immigration custody, and shall be selected sequentially, with priority given to locations with—
|
||||
|
||||
(I) the largest number of unaccompanied alien children; and
|
||||
|
||||
(II) the most vulnerable populations of unaccompanied children.
|
||||
|
||||
(C) Restrictions (i) Administrative expenses A child advocate program may not use more that 10 percent of the Federal funds received under this section for administrative expenses.
|
||||
|
||||
(ii) Nonexclusivity Nothing in this section may be construed to restrict the ability of a child advocate program under this section to apply for or obtain funding from any other source to carry out the programs described in this section.
|
||||
|
||||
(iii) Contribution of funds A child advocate program selected under this section shall contribute non-Federal funds, either directly or through in-kind contributions, to the costs of the child advocate program in an amount that is not less than 25 percent of the total amount of Federal funds received by the child advocate program under this section. In-kind contributions may not exceed 40 percent of the matching requirement under this clause.
|
||||
|
||||
(D) Annual report to Congress Not later than 1 year after March 7, 2013, and annually thereafter, the Secretary of Health and Human Services shall submit a report describing the activities undertaken by the Secretary to authorize the appointment of independent Child Advocates for trafficking victims and vulnerable unaccompanied alien children to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives.
|
||||
|
||||
(E) Assessment of Child Advocate Program (i) In general As soon as practicable after March 7, 2013, the Comptroller General of the United States shall conduct a study regarding the effectiveness of the Child Advocate Program operated by the Secretary of Health and Human Services.
|
||||
|
||||
(ii) Matters to be studied In the study required under clause (i), the Comptroller General shall— 22 So in original. collect information and analyze the following:
|
||||
|
||||
(I) analyze the effectiveness of existing child advocate programs in improving outcomes for trafficking victims and other vulnerable unaccompanied alien children;
|
||||
|
||||
(II) evaluate the implementation of child advocate programs in new sites pursuant to subparagraph (B);
|
||||
|
||||
(III) evaluate the extent to which eligible trafficking victims and other vulnerable unaccompanied children are receiving child advocate services and assess the possible budgetary implications of increased participation in the program;
|
||||
|
||||
(IV) evaluate the barriers to improving outcomes for trafficking victims and other vulnerable unaccompanied children; and
|
||||
|
||||
(V) make recommendations on statutory changes to improve the Child Advocate Program in relation to the matters analyzed under subclauses (I) through (IV).
|
||||
|
||||
(iii) GAO report Not later than 3 years after March 7, 2013, the Comptroller General of the United States shall submit the results of the study required under this subparagraph to—
|
||||
|
||||
(I) the Committee on the Judiciary of the Senate;
|
||||
|
||||
(II) the Committee on Health, Education, Labor, and Pensions of the Senate;
|
||||
|
||||
(III) the Committee on the Judiciary of the House of Representatives; and
|
||||
|
||||
(IV) the Committee on Education and the Workforce of the House of Representatives.
|
||||
|
||||
(F) Authorization of appropriations There are authorized to be appropriated to the Secretary of Health and Human Services to carry out this subsection—
|
||||
|
||||
(i) $1,000,000 for each of the fiscal years 2014 and 2015; and
|
||||
|
||||
(ii) $2,000,000 for each of fiscal years 2018 through 2021.
|
||||
|
||||
(d) Permanent protection for certain at-risk children (1) Omitted
|
||||
|
||||
(2) Expeditious adjudication All applications for special immigrant status under section 101(a)(27)(J) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)) shall be adjudicated by the Secretary of Homeland Security not later than 180 days after the date on which the application is filed.
|
||||
|
||||
(3) Omitted
|
||||
|
||||
(4) Eligibility for assistance (A) In general A child who has been granted special immigrant status under section 101(a)(27)(J) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)) and who was in the custody of the Secretary of Health and Human Services at the time a dependency order was granted for such child, was receiving services pursuant to section 501(a) of the Refugee Education Assistance Act of 1980 (8 U.S.C. 1522 note) at the time such dependency order was granted, or has been granted status under section 101(a)(15)(U) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)),,2 shall be eligible for placement and services under section 412(d) of the Immigration and Nationality Act (8 U.S.C. 1522(d)) until the earlier of—
|
||||
|
||||
(i) the date on which the child reaches the age designated in section 412(d)(2)(B) of the Immigration and Nationality Act (8 U.S.C. 1522(d)(2)(B)); or
|
||||
|
||||
(ii) the date on which the child is placed in a permanent adoptive home.
|
||||
|
||||
(B) State reimbursement Subject to the availability of appropriations, if State foster care funds are expended on behalf of a child who is not described in subparagraph (A) and has been granted special immigrant status under section 101(a)(27)(J) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)), or status under section 101(a)(15)(U) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)),,2 the Federal Government shall reimburse the State in which the child resides for such expenditures by the State.
|
||||
|
||||
(5) State courts acting in loco parentis A department or agency of a State, or an individual or entity appointed by a State court or juvenile court located in the United States, acting in loco parentis, shall not be considered a legal guardian for purposes of this section or section 279 of title 6.
|
||||
|
||||
(6) Transition rule Notwithstanding any other provision of law, an alien described in section 101(a)(27)(J) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)), as amended by paragraph (1), may not be denied special immigrant status under such section after December 23, 2008, based on age if the alien was a child on the date on which the alien applied for such status.
|
||||
|
||||
(7) Omitted
|
||||
|
||||
(8) Specialized needs of unaccompanied alien children Applications for asylum and other forms of relief from removal in which an unaccompanied alien child is the principal applicant shall be governed by regulations which take into account the specialized needs of unaccompanied alien children and which address both procedural and substantive aspects of handling unaccompanied alien children’s cases.
|
||||
|
||||
(e) Training The Secretary of State, the Secretary of Homeland Security, the Secretary of Health and Human Services, and the Attorney General shall provide specialized training to all Federal personnel, and upon request, state 1 and local personnel, who have substantive contact with unaccompanied alien children. Such personnel shall be trained to work with unaccompanied alien children, including identifying children who are victims of severe forms of trafficking in persons, and children for whom asylum or special immigrant relief may be appropriate, including children described in subsection (a)(2).
|
||||
|
||||
(f) Omitted
|
||||
|
||||
(g) Definition of unaccompanied alien child For purposes of this section, the term “unaccompanied alien child” has the meaning given such term in section 279(g) of title 6.
|
||||
|
||||
(h) Effective date This section—
|
||||
|
||||
(1) shall take effect on the date that is 90 days after December 23, 2008; and
|
||||
|
||||
(2) shall also apply to all aliens in the United States in pending proceedings before the Department of Homeland Security or the Executive Office for Immigration Review, or related administrative or Federal appeals, on December 23, 2008.
|
||||
|
||||
(i) Grants and contracts The Secretary of Health and Human Services may award grants to, and enter into contracts with, voluntary agencies to carry out this section and section 279 of title 6.
|
||||
|
||||
(Pub. L. 110–457, title II, § 235, Dec. 23, 2008, 122 Stat. 5074; Pub. L. 113–4, title XII, §§ 1261–1263, Mar. 7, 2013, 127 Stat. 156–159; Pub. L. 115–393, title III, § 301(d), Dec. 21, 2018, 132 Stat. 5272.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe Immigration and Nationality Act, referred to in subsec. (a)(2)(B), is act June 27, 1952, ch. 477, 66 Stat. 163, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables. March 7, 2013, referred to in subsec. (c)(6)(E)(iii), was in the original “the date of the enactment of this Act”, which was translated as meaning the date of enactment of Pub. L. 113–4, known as the Violence Against Women Reauthorization Act of 2013, which enacted subsec. (c)(6)(B) to (F), to reflect the probable intent of Congress. Other references to March 7, 2013, in subpars. (B) to (F) of subsec. (c)(6) were in the original “the date of the enactment of the Violence Against Women Reauthorization Act of 2013”.
|
||||
|
||||
Codification Section is comprised of section 235 of Pub. L. 110–457. Pars. (1), (3), and (7) of section 235(d) of Pub. L. 110–457 amended sections 1101, 1255, and 1158 of this title, respectively. Section 235(f) of Pub. L. 110–457 amended section 279 of Title 6, Domestic Security. Section was enacted as part of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, and not as part of the Immigration and Nationality Act which comprises this chapter.
|
||||
|
||||
Amendments2018—Subsec. (c)(6)(F). Pub. L. 115–393, § 301(d)(1), substituted “Secretary of Health and Human Services” for “Secretary and Human Services” in introductory provisions. Subsec. (c)(6)(F)(ii). Pub. L. 115–393, § 301(d)(2), substituted “fiscal years 2018 through 2021” for “the fiscal years 2016 and 2017”. 2013—Subsec. (c)(2). Pub. L. 113–4, § 1261, designated existing provisions as subpar. (A), inserted heading, and added subpar. (B). Subsec. (c)(6). Pub. L. 113–4, § 1262, designated existing provisions as subpar. (A), inserted heading, struck out “and criminal” after “immune from civil”, and added subpars. (B) to (F). Subsec. (d)(4)(A). Pub. L. 113–4, § 1263(1), in introductory provisions, struck out “either” before “in the custody”, substituted “such child,” for “such child or who”, and inserted “, or has been granted status under section 101(a)(15)(U) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)),” before “, shall be eligible for placement”. Subsec. (d)(4)(B). Pub. L. 113–4, § 1263(2), inserted “, or status under section 101(a)(15)(U) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)),” before “, the Federal Government”.
|
||||
@@ -0,0 +1,35 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 1251"
|
||||
description: "Transferred"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "12"
|
||||
chapter_name: "IMMIGRATION AND NATIONALITY"
|
||||
section: "1251"
|
||||
citation: "8 U.S.C. § 1251"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s1251"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "30b50ff966292c6721f06790f3bfbb9d627cedb723f601f167526a7553a967fb"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "e9765d6961daf8c8252bbf36e88f3f451e24fd42db02c398cc36c7af8990b35a"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 1251 - Transferred
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Codification Section 1251, act June 27, 1952, ch. 477, title II, ch. 5, § 241, 66 Stat. 204, as amended, which related to deportable aliens, was renumbered section 237 of ch. 4 of title II of act June 27, 1952, by Pub. L. 104–208, div. C, title III, § 305(a)(2), Sept. 30, 1996, 110 Stat. 3009–598, and was transferred to section 1227 of this title.
|
||||
@@ -0,0 +1,33 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 1251a"
|
||||
description: "Repealed. Pub. L. 87–301, § 24(a)(3), Sept. 26, 1961, 75 Stat. 657"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "12"
|
||||
chapter_name: "IMMIGRATION AND NATIONALITY"
|
||||
section: "1251a"
|
||||
citation: "8 U.S.C. § 1251a"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s1251a"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "231ca3884036760ce24dbf1e167bfb1ea49539c185681ab6dda636912db64e68"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "7ce468cdfbca0592a759d791faa7850103f164053f3d9555b8e6bf338d70ea9f"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 1251a - Repealed. Pub. L. 87–301, § 24(a)(3), Sept. 26, 1961, 75 Stat. 657
|
||||
|
||||
## Notes
|
||||
|
||||
Section, Pub. L. 85–316, § 7, Sept. 11, 1957, 71 Stat. 640, excepted spouse, child or parent of a United States citizen, and aliens admitted between Dec. 22, 1945, and Nov. 1, 1954, inclusive, who misrepresented their nationality, place of birth, identity or residence, provided this latter group did so misrepresent because of fear of persecution because of race, religion or politics if repatriated and not to evade quota restrictions, or an investigation of themselves, from the deportation provisions of section 1251 of this title which declared excludable, those aliens who sought to procure or procured entry into the United States by fraud and misrepresentation, or who were not of the nationality specified in their visas, and authorized the admission, after Sept. 11, 1957, of any alien spouse, parent or child of a United States citizen or of an alien admitted for permanent residence who sought, or had procured fraudulent entry into the United States or admitted committing perjury in connection therewith, if otherwise admissible and the Attorney General consented. See section 1182(h) of this title.
|
||||
File diff suppressed because one or more lines are too long
@@ -0,0 +1,35 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 1252a"
|
||||
description: "Transferred"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "12"
|
||||
chapter_name: "IMMIGRATION AND NATIONALITY"
|
||||
section: "1252a"
|
||||
citation: "8 U.S.C. § 1252a"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s1252a"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "5691468cbd37107c0c5ec5309bce5ebc3f9cb813136e4cfcb48d6348adda1c69"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "0679729eb3e90e006cffb37f946a27309037acf1f736f05f7d9d739355871477"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 1252a - Transferred
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Codification Section 1252a, act June 27, 1952, ch. 477, title II, ch. 5, § 242A, as added Nov. 18, 1988, Pub. L. 100–690, title VII, § 7347(a), 102 Stat. 4471, as amended, which related to expedited removal of aliens convicted of committing aggravated felonies, was renumbered section 238 of ch. 4 of title II of act June 27, 1952, by Pub. L. 104–208, div. C, title III, § 308(b)(5), Sept. 30, 1996, 110 Stat. 3009–615, and was transferred to section 1228 of this title.
|
||||
@@ -0,0 +1,37 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 1252b"
|
||||
description: "Repealed. Pub. L. 104–208, div. C, title III, § 308(b)(6), Sept. 30, 1996, 110 Stat. 3009–615"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "12"
|
||||
chapter_name: "IMMIGRATION AND NATIONALITY"
|
||||
section: "1252b"
|
||||
citation: "8 U.S.C. § 1252b"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s1252b"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "d7c902137e1f1a4ee17eb24c037b1efa57fe7a951a00589095d178033121b244"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "a503c80e5d968bef0edad2de8c67c1879e8ae4add4f13aac690b8877ca25b372"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 1252b - Repealed. Pub. L. 104–208, div. C, title III, § 308(b)(6), Sept. 30, 1996, 110 Stat. 3009–615
|
||||
|
||||
## Notes
|
||||
|
||||
Section, act June 27, 1952, ch. 477, title II, ch. 5, § 242B, as added Nov. 29, 1990, Pub. L. 101–649, title V, § 545(a), 104 Stat. 5061; amended Dec. 12, 1991, Pub. L. 102–232, title III, § 306(c)(6), 105 Stat. 1753; Oct. 25, 1994, Pub. L. 103–416, title II, § 219(i), 108 Stat. 4317; Sept. 30, 1996, Pub. L. 104–208, div. C, title III, § 371(b)(7), 110 Stat. 3009–645, related to deportation procedures. See sections 1229 and 1229a of this title.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of RepealRepeal 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 an Effective Date of 1996 Amendments note under section 1101 of this title.
|
||||
@@ -0,0 +1,53 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 1252c"
|
||||
description: "Authorizing State and local law enforcement officials to arrest and detain certain illegal aliens"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "12"
|
||||
chapter_name: "IMMIGRATION AND NATIONALITY"
|
||||
section: "1252c"
|
||||
citation: "8 U.S.C. § 1252c"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s1252c"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "c86ecb640af38dce79f24dcddf9594d8f60d0c3ca6e5c923f35b4cc345edca1b"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "15b823575b9459157e7579c3534b525d14196772e52a012694c0527f3d0c8ce4"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 1252c - Authorizing State and local law enforcement officials to arrest and detain certain illegal aliens
|
||||
|
||||
## Text
|
||||
|
||||
(a) In general Notwithstanding any other provision of law, to the extent permitted by relevant State and local law, State and local law enforcement officials are authorized to arrest and detain an individual who—
|
||||
|
||||
(1) is an alien illegally present in the United States; and
|
||||
|
||||
(2) has previously been convicted of a felony in the United States and deported or left the United States after such conviction,
|
||||
|
||||
but only after the State or local law enforcement officials obtain appropriate confirmation from the Immigration and Naturalization Service of the status of such individual and only for such period of time as may be required for the Service to take the individual into Federal custody for purposes of deporting or removing the alien from the United States.
|
||||
|
||||
(b) Cooperation The Attorney General shall cooperate with the States to assure that information in the control of the Attorney General, including information in the National Crime Information Center, that would assist State and local law enforcement officials in carrying out duties under subsection (a) is made available to such officials.
|
||||
|
||||
(Pub. L. 104–132, title IV, § 439, Apr. 24, 1996, 110 Stat. 1276.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Codification This section was enacted as part of the Antiterrorism and Effective Death Penalty Act of 1996, and not as part of the Immigration and Nationality Act which comprises this chapter.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.
|
||||
@@ -0,0 +1,101 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 1253"
|
||||
description: "Penalties related to removal"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "12"
|
||||
chapter_name: "IMMIGRATION AND NATIONALITY"
|
||||
section: "1253"
|
||||
citation: "8 U.S.C. § 1253"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s1253"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "f77aa5b4d9e1449be1f19122c4d66e7f227b5da9ba718d05304aed56e9402025"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "e14de1e152e1a1560ab305d1bd30481d4b7313c072869cb3c55d860f27a42544"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 1253 - Penalties related to removal
|
||||
|
||||
## Text
|
||||
|
||||
(a) Penalty for failure to depart (1) In general Any alien against whom a final order of removal is outstanding by reason of being a member of any of the classes described in section 1227(a) of this title, who—
|
||||
|
||||
(A) willfully fails or refuses to depart from the United States within a period of 90 days from the date of the final order of removal under administrative processes, or if judicial review is had, then from the date of the final order of the court,
|
||||
|
||||
(B) willfully fails or refuses to make timely application in good faith for travel or other documents necessary to the alien’s departure,
|
||||
|
||||
(C) connives or conspires, or takes any other action, designed to prevent or hamper or with the purpose of preventing or hampering the alien’s departure pursuant to such, or
|
||||
|
||||
(D) willfully fails or refuses to present himself or herself for removal at the time and place required by the Attorney General pursuant to such order,
|
||||
|
||||
shall be fined under title 18, or imprisoned not more than four years (or 10 years if the alien is a member of any of the classes described in paragraph (1)(E), (2), (3), or (4) of section 1227(a) of this title), or both.
|
||||
|
||||
(2) Exception It is not a violation of paragraph (1) to take any proper steps for the purpose of securing cancellation of or exemption from such order of removal or for the purpose of securing the alien’s release from incarceration or custody.
|
||||
|
||||
(3) Suspension The court may for good cause suspend the sentence of an alien under this subsection and order the alien’s release under such conditions as the court may prescribe. In determining whether good cause has been shown to justify releasing the alien, the court shall take into account such factors as—
|
||||
|
||||
(A) the age, health, and period of detention of the alien;
|
||||
|
||||
(B) the effect of the alien’s release upon the national security and public peace or safety;
|
||||
|
||||
(C) the likelihood of the alien’s resuming or following a course of conduct which made or would make the alien deportable;
|
||||
|
||||
(D) the character of the efforts made by such alien himself and by representatives of the country or countries to which the alien’s removal is directed to expedite the alien’s departure from the United States;
|
||||
|
||||
(E) the reason for the inability of the Government of the United States to secure passports, other travel documents, or removal facilities from the country or countries to which the alien has been ordered removed; and
|
||||
|
||||
(F) the eligibility of the alien for discretionary relief under the immigration laws.
|
||||
|
||||
(b) Willful failure to comply with terms of release under supervision An alien who shall willfully fail to comply with regulations or requirements issued pursuant to section 1231(a)(3) of this title or knowingly give false information in response to an inquiry under such section shall be fined not more than $1,000 or imprisoned for not more than one year, or both.
|
||||
|
||||
(c) Penalties relating to vessels and aircraft (1) Civil penalties (A) Failure to carry out certain orders If the Attorney General is satisfied that a person has violated subsection (d) or (e) of section 1231 of this title, the person shall pay to the Commissioner the sum of $2,000 for each violation.
|
||||
|
||||
(B) Failure to remove alien stowaways If the Attorney General is satisfied that a person has failed to remove an alien stowaway as required under section 1231(d)(2) of this title, the person shall pay to the Commissioner the sum of $5,000 for each alien stowaway not removed.
|
||||
|
||||
(C) No compromise The Attorney General may not compromise the amount of such penalty under this paragraph.
|
||||
|
||||
(2) Clearing vessels and aircraft (A) Clearance before decision on liability A vessel or aircraft may be granted clearance before a decision on liability is made under paragraph (1) only if a bond approved by the Attorney General or an amount sufficient to pay the civil penalty is deposited with the Commissioner.
|
||||
|
||||
(B) Prohibition on clearance while penalty unpaid A vessel or aircraft may not be granted clearance if a civil penalty imposed under paragraph (1) is not paid.
|
||||
|
||||
(d) Discontinuing granting visas to nationals of country denying or delaying accepting alien On being notified by the Attorney General that the government of a foreign country denies or unreasonably delays accepting an alien who is a citizen, subject, national, or resident of that country after the Attorney General asks whether the government will accept the alien under this section, the Secretary of State shall order consular officers in that foreign country to discontinue granting immigrant visas or nonimmigrant visas, or both, to citizens, subjects, nationals, and residents of that country until the Attorney General notifies the Secretary that the country has accepted the alien.
|
||||
|
||||
(e) Enforcement by attorney general of a State The attorney general of a State, or other authorized State officer, alleging a violation of the requirement to discontinue granting visas to citizens, subjects, nationals, and residents as described in subsection (d) that harms such State or its residents shall have standing to bring an action against the Secretary of State on behalf of such State or the residents of such State in an appropriate district court of the United States to obtain appropriate injunctive relief. The court shall advance on the docket and expedite the disposition of a civil action filed under this subsection to the greatest extent practicable. For purposes of this subsection, a State or its residents shall be considered to have been harmed if the State or its residents experience harm, including financial harm in excess of $100.
|
||||
|
||||
(June 27, 1952, ch. 477, title II, ch. 5, § 243, 66 Stat. 212; Pub. L. 89–236, § 11(f), Oct. 3, 1965, 79 Stat. 918; Pub. L. 95–549, title I, § 104, Oct. 30, 1978, 92 Stat. 2066; Pub. L. 96–212, title II, § 203(e), Mar. 17, 1980, 94 Stat. 107; Pub. L. 97–116, § 18(i), Dec. 29, 1981, 95 Stat. 1620; Pub. L. 101–649, title V, § 515(a)(2), title VI, § 603(b)(3), Nov. 29, 1990, 104 Stat. 5053, 5085; Pub. L. 104–132, title IV, § 413(a), (f), Apr. 24, 1996, 110 Stat. 1269; Pub. L. 104–208, div. C, title III, § 307(a), Sept. 30, 1996, 110 Stat. 3009–612; Pub. L. 119–1, § 3(c), Jan. 29, 2025, 139 Stat. 4.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2025—Subsec. (e). Pub. L. 119–1 added subsec. (e). 1996—Pub. L. 104–208 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (h) relating to countries to which aliens were to be deported. Subsec. (h)(2). Pub. L. 104–132, § 413(a), inserted at end “For purposes of subparagraph (D), an alien who is described in section 1251(a)(4)(B) of this title shall be considered to be an alien for whom there are reasonable grounds for regarding as a danger to the security of the United States.” Subsec. (h)(3). Pub. L. 104–132, § 413(f), added par. (3) which read as follows: “Notwithstanding any other provision of law, paragraph (1) shall apply to any alien if the Attorney General determines, in the discretion of the Attorney General, that— “(A) such alien’s life or freedom would be threatened, in the country to which such alien would be deported or returned, on account of race, religion, nationality, membership in a particular social group, or political opinion; and “(B) the application of paragraph (1) to such alien is necessary to ensure compliance with the 1967 United Nations Protocol Relating to the Status of Refugees.” 1990—Subsec. (h)(1). Pub. L. 101–649, § 603(b)(3), substituted “1251(a)(4)(D)” for “1251(a)(19)”. Subsec. (h)(2). Pub. L. 101–649, § 515(a)(2), inserted sentence at end relating to aliens who have been convicted of aggravated felonies. 1981—Subsec. (a). Pub. L. 97–116 inserted a comma after “subject” in fourth sentence. 1980—Subsec. (h). Pub. L. 96–212 substituted provisions relating to deportation or return of an alien where the Attorney General determines that the return would threaten the life or freedom of the alien on account of race, religion, nationality, membership in a particular social group, or political opinion, for provisions relating to withholding of deportation for any necessary period of time where the Attorney General decides the alien would be subject to persecution on account of race, religion, or political opinion. 1978—Subsec. (h). Pub. L. 95–549 inserted “(other than an alien described in section 1251(a) of this title)” before “within the United States”. 1965—Subsec. (h). Pub. L. 89–236 substituted “persecution on account of race, religion, or political opinion” for “physical persecution”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1996 AmendmentsAmendment by 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. Pub. L. 104–132, title IV, § 413(g), Apr. 24, 1996, 110 Stat. 1269, provided that: “The amendments made by this section [amending this section and sections 1254, 1255, and 1259 of this title] shall take effect on the date of the enactment of this Act [Apr. 24, 1996] and shall apply to applications filed before, on, or after such date if final action has not been taken on them before such date.”
|
||||
|
||||
Effective Date of 1990 AmendmentAmendment by section 515(a)(2) of Pub. L. 101–649 applicable to convictions entered before, on, or after Nov. 29, 1990, and to applications for withholding of deportation made on or after such date, see section 515(b)(2) of Pub. L. 101–649, as amended, set out as a note under section 1158 of this title. Amendment by section 603(b)(3) of Pub. L. 101–649 not applicable to deportation proceedings for which notice has been provided to the alien before Mar. 1, 1991, see section 602(d) of Pub. L. 101–649, set out as a note under section 1227 of this title.
|
||||
|
||||
Effective Date of 1981 AmendmentAmendment 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 1980 AmendmentAmendment by Pub. L. 96–212 effective Mar. 17, 1980, and applicable to fiscal years beginning with the fiscal year beginning Oct. 1, 1979, see section 204 of Pub. L. 96–212, set out as a note under section 1101 of this title.
|
||||
|
||||
Effective Date of 1965 AmendmentFor 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.
|
||||
|
||||
Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.
|
||||
|
||||
References to Order of Removal Deemed To Include Order of Exclusion and DeportationFor purposes of carrying out this chapter, any reference in law to an order of removal is deemed to include a reference to an order of exclusion and deportation or an order of deportation, see section 309(d)(2) of Pub. L. 104–208, set out in an Effective Date of 1996 Amendments note under section 1101 of this title.
|
||||
|
||||
Sense of Congress Respecting Treatment of Cuban Political PrisonersPub. L. 99–603, title III, § 315(c), Nov. 6, 1986, 100 Stat. 3440, as amended by Pub. L. 104–208, div. C, title III, § 308(g)(7)(C)(i), Sept. 30, 1996, 110 Stat. 3009–623, provided that: “It is the sense of the Congress that the Secretary of State should provide for the issuance of visas to nationals of Cuba who are or were imprisoned in Cuba for political activities without regard to section 243(d) of the Immigration and Nationality Act (8 U.S.C. 1253(d)).”
|
||||
@@ -0,0 +1,37 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 1254"
|
||||
description: "Repealed. Pub. L. 104–208, div. C, title III, § 308(b)(7), Sept. 30, 1996, 110 Stat. 3009–615"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "12"
|
||||
chapter_name: "IMMIGRATION AND NATIONALITY"
|
||||
section: "1254"
|
||||
citation: "8 U.S.C. § 1254"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s1254"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "df8daa5976b457c11c4831ec127abadef2a64133f21ce62a4d64f1991af001e9"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "8bc3e0a6117a08cb45395d34ab12f8e5dfd3989a38fc00d4bf05bc53d372a418"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 1254 - Repealed. Pub. L. 104–208, div. C, title III, § 308(b)(7), Sept. 30, 1996, 110 Stat. 3009–615
|
||||
|
||||
## Notes
|
||||
|
||||
Section, acts June 27, 1952, ch. 477, title II, ch. 5, § 244, 66 Stat. 214; Oct. 24, 1962, Pub. L. 87–885, § 4, 76 Stat. 1247; Oct. 3, 1965, Pub. L. 89–236, § 12, 79 Stat. 918; Oct. 20, 1976, Pub. L. 94–571, § 7(f), 90 Stat. 2706; Oct. 30, 1978, Pub. L. 95–549, title I, § 105, 92 Stat. 2066; Mar. 17, 1980, Pub. L. 96–212, title II, § 203(d), 94 Stat. 107; Dec. 29, 1981, Pub. L. 97–116, §§ 9, 18(h)(2), (j), 95 Stat. 1616, 1620; Nov. 6, 1986, Pub. L. 99–603, title III, § 315(b), 100 Stat. 3439; Oct. 24, 1988, Pub. L. 100–525, § 2(q)(1), 102 Stat. 2613; Nov. 18, 1988, Pub. L. 100–690, title VII, § 7343(b), 102 Stat. 4470; Nov. 29, 1990, Pub. L. 101–649, title I, § 162(e)(2), title VI, § 603(b)(3), (4), 104 Stat. 5011, 5085; Dec. 12, 1991, Pub. L. 102–232, title III, § 307(m)(1), 105 Stat. 1757; Sept. 13, 1994, Pub. L. 103–322, title IV, § 40703, 108 Stat. 1955; Apr. 24, 1996, Pub. L. 104–132, title IV, § 413(b), (c), 110 Stat. 1269, related to suspension of deportation. See sections 1229b and 1229c of this title.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of RepealRepeal 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 an Effective Date of 1996 Amendments note under section 1101 of this title.
|
||||
@@ -0,0 +1,223 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 1254a"
|
||||
description: "Temporary protected status"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "12"
|
||||
chapter_name: "IMMIGRATION AND NATIONALITY"
|
||||
section: "1254a"
|
||||
citation: "8 U.S.C. § 1254a"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s1254a"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "1a4f6377911e5d78b656db6f4a9ec4a0ba269f840578356946abd19f4ecb6d60"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "0d1c3369f01035218a0094bd8bde6897c7723106a55e532f5a03f0e6c9b792d1"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 1254a - Temporary protected status
|
||||
|
||||
## Text
|
||||
|
||||
(a) Granting of status (1) In general In the case of an alien who is a national of a foreign state designated under subsection (b) (or in the case of an alien having no nationality, is a person who last habitually resided in such designated state) and who meets the requirements of subsection (c), the Attorney General, in accordance with this section—
|
||||
|
||||
(A) may grant the alien temporary protected status in the United States and shall not remove the alien from the United States during the period in which such status is in effect, and
|
||||
|
||||
(B) shall authorize the alien to engage in employment in the United States and provide the alien with an “employment authorized” endorsement or other appropriate work permit.
|
||||
|
||||
(2) Duration of work authorization Work authorization provided under this section shall be effective throughout the period the alien is in temporary protected status under this section.
|
||||
|
||||
(3) Notice (A) Upon the granting of temporary protected status under this section, the Attorney General shall provide the alien with information concerning such status under this section.
|
||||
|
||||
(B) If, at the time of initiation of a removal proceeding against an alien, the foreign state (of which the alien is a national) is designated under subsection (b), the Attorney General shall promptly notify the alien of the temporary protected status that may be available under this section.
|
||||
|
||||
(C) If, at the time of designation of a foreign state under subsection (b), an alien (who is a national of such state) is in a removal proceeding under this subchapter, the Attorney General shall promptly notify the alien of the temporary protected status that may be available under this section.
|
||||
|
||||
(D) Notices under this paragraph shall be provided in a form and language that the alien can understand.
|
||||
|
||||
(4) Temporary treatment for eligible aliens (A) In the case of an alien who can establish a prima facie case of eligibility for benefits under paragraph (1), but for the fact that the period of registration under subsection (c)(1)(A)(iv) has not begun, until the alien has had a reasonable opportunity to register during the first 30 days of such period, the Attorney General shall provide for the benefits of paragraph (1).
|
||||
|
||||
(B) In the case of an alien who establishes a prima facie case of eligibility for benefits under paragraph (1), until a final determination with respect to the alien’s eligibility for such benefits under paragraph (1) has been made, the alien shall be provided such benefits.
|
||||
|
||||
(5) Clarification Nothing in this section shall be construed as authorizing the Attorney General to deny temporary protected status to an alien based on the alien’s immigration status or to require any alien, as a condition of being granted such status, either to relinquish nonimmigrant or other status the alien may have or to execute any waiver of other rights under this chapter. The granting of temporary protected status under this section shall not be considered to be inconsistent with the granting of nonimmigrant status under this chapter.
|
||||
|
||||
(b) Designations (1) In general The Attorney General, after consultation with appropriate agencies of the Government, may designate any foreign state (or any part of such foreign state) under this subsection only if—
|
||||
|
||||
(A) the Attorney General finds that there is an ongoing armed conflict within the state and, due to such conflict, requiring the return of aliens who are nationals of that state to that state (or to the part of the state) would pose a serious threat to their personal safety;
|
||||
|
||||
(B) the Attorney General finds that—
|
||||
|
||||
(i) there has been an earthquake, flood, drought, epidemic, or other environmental disaster in the state resulting in a substantial, but temporary, disruption of living conditions in the area affected,
|
||||
|
||||
(ii) the foreign state is unable, temporarily, to handle adequately the return to the state of aliens who are nationals of the state, and
|
||||
|
||||
(iii) the foreign state officially has requested designation under this subparagraph; or
|
||||
|
||||
(C) the Attorney General finds that there exist extraordinary and temporary conditions in the foreign state that prevent aliens who are nationals of the state from returning to the state in safety, unless the Attorney General finds that permitting the aliens to remain temporarily in the United States is contrary to the national interest of the United States.
|
||||
|
||||
A designation of a foreign state (or part of such foreign state) under this paragraph shall not become effective unless notice of the designation (including a statement of the findings under this paragraph and the effective date of the designation) is published in the Federal Register. In such notice, the Attorney General shall also state an estimate of the number of nationals of the foreign state designated who are (or within the effective period of the designation are likely to become) eligible for temporary protected status under this section and their immigration status in the United States.
|
||||
|
||||
(2) Effective period of designation for foreign states The designation of a foreign state (or part of such foreign state) under paragraph (1) shall—
|
||||
|
||||
(A) take effect upon the date of publication of the designation under such paragraph, or such later date as the Attorney General may specify in the notice published under such paragraph, and
|
||||
|
||||
(B) shall remain in effect until the effective date of the termination of the designation under paragraph (3)(B).
|
||||
|
||||
For purposes of this section, the initial period of designation of a foreign state (or part thereof) under paragraph (1) is the period, specified by the Attorney General, of not less than 6 months and not more than 18 months.
|
||||
|
||||
(3) Periodic review, terminations, and extensions of designations (A) Periodic review At least 60 days before end of the initial period of designation, and any extended period of designation, of a foreign state (or part thereof) under this section the Attorney General, after consultation with appropriate agencies of the Government, shall review the conditions in the foreign state (or part of such foreign state) for which a designation is in effect under this subsection and shall determine whether the conditions for such designation under this subsection continue to be met. The Attorney General shall provide on a timely basis for the publication of notice of each such determination (including the basis for the determination, and, in the case of an affirmative determination, the period of extension of designation under subparagraph (C)) in the Federal Register.
|
||||
|
||||
(B) Termination of designation If the Attorney General determines under subparagraph (A) that a foreign state (or part of such foreign state) no longer continues to meet the conditions for designation under paragraph (1), the Attorney General shall terminate the designation by publishing notice in the Federal Register of the determination under this subparagraph (including the basis for the determination). Such termination is effective in accordance with subsection (d)(3), but shall not be effective earlier than 60 days after the date the notice is published or, if later, the expiration of the most recent previous extension under subparagraph (C).
|
||||
|
||||
(C) Extension of designation If the Attorney General does not determine under subparagraph (A) that a foreign state (or part of such foreign state) no longer meets the conditions for designation under paragraph (1), the period of designation of the foreign state is extended for an additional period of 6 months (or, in the discretion of the Attorney General, a period of 12 or 18 months).
|
||||
|
||||
(4) Information concerning protected status at time of designations At the time of a designation of a foreign state under this subsection, the Attorney General shall make available information respecting the temporary protected status made available to aliens who are nationals of such designated foreign state.
|
||||
|
||||
(5) Review (A) Designations There is no judicial review of any determination of the Attorney General with respect to the designation, or termination or extension of a designation, of a foreign state under this subsection.
|
||||
|
||||
(B) Application to individuals The Attorney General shall establish an administrative procedure for the review of the denial of benefits to aliens under this subsection. Such procedure shall not prevent an alien from asserting protection under this section in removal proceedings if the alien demonstrates that the alien is a national of a state designated under paragraph (1).
|
||||
|
||||
(c) Aliens eligible for temporary protected status (1) In general (A) Nationals of designated foreign states Subject to paragraph (3), an alien, who is a national of a state designated under subsection (b)(1) (or in the case of an alien having no nationality, is a person who last habitually resided in such designated state), meets the requirements of this paragraph only if—
|
||||
|
||||
(i) the alien has been continuously physically present in the United States since the effective date of the most recent designation of that state;
|
||||
|
||||
(ii) the alien has continuously resided in the United States since such date as the Attorney General may designate;
|
||||
|
||||
(iii) the alien is admissible as an immigrant, except as otherwise provided under paragraph (2)(A), and is not ineligible for temporary protected status under paragraph (2)(B); and
|
||||
|
||||
(iv) to the extent and in a manner which the Attorney General establishes, the alien registers for the temporary protected status under this section during a registration period of not less than 180 days.
|
||||
|
||||
(B) Registration fee (i) In general The Attorney General may require payment of a reasonable fee as a condition of registering an alien under subparagraph (A)(iv) (including providing an alien with an “employment authorized” endorsement or other appropriate work permit under this section). The amount of any such fee shall not exceed $500, subject to the adjustments required under clause (ii). In the case of aliens registered pursuant to a designation under this section made after July 17, 1991, the Attorney General may impose a separate, additional fee for providing an alien with documentation of work authorization. Notwithstanding section 3302 of title 31, all fees collected under this subparagraph shall be credited to the appropriation to be used in carrying out this section.
|
||||
|
||||
(ii) Annual adjustments for inflation During fiscal year 2026, and during each subsequent fiscal year, the maximum amount of the fee authorized under clause (i) shall be equal to the sum of—
|
||||
|
||||
(I) the maximum amount of the fee authorized under this subparagraph for the most recently concluded fiscal year; and
|
||||
|
||||
(II) the product resulting from the multiplication of the amount referred to in subclause (I) by the percentage (if any) by which the Consumer Price Index for All Urban Consumers for the month of July preceding the date on which such adjustment takes effect exceeds the Consumer Price Index for All Urban Consumers for the same month of the preceding calendar year, rounded to the next lowest multiple of $10.
|
||||
|
||||
(iii) Disposition of temporary protected status fees All of the fees collected pursuant to this subparagraph shall be deposited into the general fund of the Treasury.
|
||||
|
||||
(iv) No fee waiver Fees required to be paid under this subparagraph shall not be waived or reduced.
|
||||
|
||||
(2) Eligibility standards (A) Waiver of certain grounds for inadmissibility In the determination of an alien’s admissibility for purposes of subparagraph (A)(iii) of paragraph (1)—
|
||||
|
||||
(i) the provisions of paragraphs (5) and (7)(A) of section 1182(a) of this title shall not apply;
|
||||
|
||||
(ii) except as provided in clause (iii), the Attorney General may waive any other provision of section 1182(a) of this title in the case of individual aliens for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest; but
|
||||
|
||||
(iii) the Attorney General may not waive—
|
||||
|
||||
(I) paragraphs (2)(A) and (2)(B) (relating to criminals) of such section,
|
||||
|
||||
(II) paragraph (2)(C) of such section (relating to drug offenses), except for so much of such paragraph as relates to a single offense of simple possession of 30 grams or less of marijuana, or
|
||||
|
||||
(III) paragraphs (3)(A), (3)(B), (3)(C), and (3)(E) of such section (relating to national security and participation in the Nazi persecutions or those who have engaged in genocide).
|
||||
|
||||
(B) Aliens ineligible An alien shall not be eligible for temporary protected status under this section if the Attorney General finds that—
|
||||
|
||||
(i) the alien has been convicted of any felony or 2 or more misdemeanors committed in the United States, or
|
||||
|
||||
(ii) the alien is described in section 1158(b)(2)(A) of this title.
|
||||
|
||||
(3) Withdrawal of temporary protected status The Attorney General shall withdraw temporary protected status granted to an alien under this section if—
|
||||
|
||||
(A) the Attorney General finds that the alien was not in fact eligible for such status under this section,
|
||||
|
||||
(B) except as provided in paragraph (4) and permitted in subsection (f)(3), the alien has not remained continuously physically present in the United States from the date the alien first was granted temporary protected status under this section, or
|
||||
|
||||
(C) the alien fails, without good cause, to register with the Attorney General annually, at the end of each 12-month period after the granting of such status, in a form and manner specified by the Attorney General.
|
||||
|
||||
(4) Treatment of brief, casual, and innocent departures and certain other absences (A) For purposes of paragraphs (1)(A)(i) and (3)(B), an alien shall not be considered to have failed to maintain continuous physical presence in the United States by virtue of brief, casual, and innocent absences from the United States, without regard to whether such absences were authorized by the Attorney General.
|
||||
|
||||
(B) For purposes of paragraph (1)(A)(ii), an alien shall not be considered to have failed to maintain continuous residence in the United States by reason of a brief, casual, and innocent absence described in subparagraph (A) or due merely to a brief temporary trip abroad required by emergency or extenuating circumstances outside the control of the alien.
|
||||
|
||||
(5) Construction Nothing in this section shall be construed as authorizing an alien to apply for admission to, or to be admitted to, the United States in order to apply for temporary protected status under this section.
|
||||
|
||||
(6) Confidentiality of information The Attorney General shall establish procedures to protect the confidentiality of information provided by aliens under this section.
|
||||
|
||||
(d) Documentation (1) Initial issuance Upon the granting of temporary protected status to an alien under this section, the Attorney General shall provide for the issuance of such temporary documentation and authorization as may be necessary to carry out the purposes of this section.
|
||||
|
||||
(2) Period of validity Subject to paragraph (3), such documentation shall be valid during the initial period of designation of the foreign state (or part thereof) involved and any extension of such period. The Attorney General may stagger the periods of validity of the documentation and authorization in order to provide for an orderly renewal of such documentation and authorization and for an orderly transition (under paragraph (3)) upon the termination of a designation of a foreign state (or any part of such foreign state).
|
||||
|
||||
(3) Effective date of terminations If the Attorney General terminates the designation of a foreign state (or part of such foreign state) under subsection (b)(3)(B), such termination shall only apply to documentation and authorization issued or renewed after the effective date of the publication of notice of the determination under that subsection (or, at the Attorney General’s option, after such period after the effective date of the determination as the Attorney General determines to be appropriate in order to provide for an orderly transition).
|
||||
|
||||
(4) Detention of alien An alien provided temporary protected status under this section shall not be detained by the Attorney General on the basis of the alien’s immigration status in the United States.
|
||||
|
||||
(e) Relation of period of temporary protected status to cancellation of removal With respect to an alien granted temporary protected status under this section, the period of such status shall not be counted as a period of physical presence in the United States for purposes of section 1229b(a) of this title, unless the Attorney General determines that extreme hardship exists. Such period shall not cause a break in the continuity of residence of the period before and after such period for purposes of such section.
|
||||
|
||||
(f) Benefits and status during period of temporary protected status During a period in which an alien is granted temporary protected status under this section—
|
||||
|
||||
(1) the alien shall not be considered to be permanently residing in the United States under color of law;
|
||||
|
||||
(2) the alien may be deemed ineligible for public assistance by a State (as defined in section 1101(a)(36) of this title) or any political subdivision thereof which furnishes such assistance;
|
||||
|
||||
(3) the alien may travel abroad with the prior consent of the Attorney General; and
|
||||
|
||||
(4) for purposes of adjustment of status under section 1255 of this title and change of status under section 1258 of this title, the alien shall be considered as being in, and maintaining, lawful status as a nonimmigrant.
|
||||
|
||||
(g) Exclusive remedy Except as otherwise specifically provided, this section shall constitute the exclusive authority of the Attorney General under law to permit aliens who are or may become otherwise deportable or have been paroled into the United States to remain in the United States temporarily because of their particular nationality or region of foreign state of nationality.
|
||||
|
||||
(h) Limitation on consideration in Senate of legislation adjusting status (1) In general Except as provided in paragraph (2), it shall not be in order in the Senate to consider any bill, resolution, or amendment that—
|
||||
|
||||
(A) provides for adjustment to lawful temporary or permanent resident alien status for any alien receiving temporary protected status under this section, or
|
||||
|
||||
(B) has the effect of amending this subsection or limiting the application of this subsection.
|
||||
|
||||
(2) Supermajority required Paragraph (1) may be waived or suspended in the Senate only by the affirmative vote of three-fifths of the Members duly chosen and sworn. An affirmative vote of three-fifths of the Members of the Senate duly chosen and sworn shall be required in the Senate to sustain an appeal of the ruling of the Chair on a point of order raised under paragraph (1).
|
||||
|
||||
(3) Rules Paragraphs (1) and (2) are enacted—
|
||||
|
||||
(A) as an exercise of the rulemaking power of the Senate and as such they are deemed a part of the rules of the Senate, but applicable only with respect to the matters described in paragraph (1) and supersede other rules of the Senate only to the extent that such paragraphs are inconsistent therewith; and
|
||||
|
||||
(B) with full recognition of the constitutional right of the Senate to change such rules at any time, in the same manner as in the case of any other rule of the Senate.
|
||||
|
||||
(i) Annual report and review (1) Annual report Not later than March 1 of each year (beginning with 1992), the Attorney General, after consultation with the appropriate agencies of the Government, shall submit a report to the Committees on the Judiciary of the House of Representatives and of the Senate on the operation of this section during the previous year. Each report shall include—
|
||||
|
||||
(A) a listing of the foreign states or parts thereof designated under this section,
|
||||
|
||||
(B) the number of nationals of each such state who have been granted temporary protected status under this section and their immigration status before being granted such status, and
|
||||
|
||||
(C) an explanation of the reasons why foreign states or parts thereof were designated under subsection (b)(1) and, with respect to foreign states or parts thereof previously designated, why the designation was terminated or extended under subsection (b)(3).
|
||||
|
||||
(2) Committee report No later than 180 days after the date of receipt of such a report, the Committee on the Judiciary of each House of Congress shall report to its respective House such oversight findings and legislation as it deems appropriate.
|
||||
|
||||
(June 27, 1952, ch. 477, title II, ch. 5, § 244, formerly § 244A, as added and amended Pub. L. 101–649, title III, § 302(a), title VI, § 603(a)(24), Nov. 29, 1990, 104 Stat. 5030, 5084; Pub. L. 102–232, title III, §§ 304(b), 307(l)(5), Dec. 12, 1991, 105 Stat. 1749, 1756; Pub. L. 103–416, title II, § 219(j), (z)(2), Oct. 25, 1994, 108 Stat. 4317, 4318; renumbered § 244 and amended Pub. L. 104–208, div. C, title III, § 308(b)(7), (e)(1)(G), (11), (g)(7)(E)(i), (8)(A)(i), Sept. 30, 1996, 110 Stat. 3009–615, 3009–619, 3009–620, 3009–624; Pub. L. 119–21, title X, § 100006, July 4, 2025, 139 Stat. 369.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThis chapter, referred to in subsec. (a)(5), was in the original, “this Act”, meaning act June 27, 1952, ch. 477, 66 Stat. 163, 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 under section 1101 of this title and Tables.
|
||||
|
||||
Amendments2025—Subsec. (c)(1)(B). Pub. L. 119–21 designated existing provisions as cl. (i), inserted cl. (i) heading, substituted “$500, subject to the adjustments required under clause (ii)” for “$50”, and added cls. (ii) to (iv). 1996—Subsec. (a)(1)(A). Pub. L. 104–208, § 308(e)(11), substituted “remove” for “deport”. Subsec. (a)(3)(B), (C). Pub. L. 104–208, § 308(e)(1)(G), substituted “removal” for “deportation”. Subsec. (b)(5)(B). Pub. L. 104–208, § 308(e)(1)(G), substituted “removal” for “deportation”. Subsec. (c)(2)(B)(ii). Pub. L. 104–208, § 308(g)(7)(E)(i), substituted “section 1158(b)(2)(A)” for “section 1253(h)(2)”. Subsec. (e). Pub. L. 104–208, § 308(g)(8)(A)(i), substituted “section 1229b(a)” for “section 1254(a)”. Pub. L. 104–208, § 308(e)(11), amended heading. 1994—Subsec. (c)(1)(B). Pub. L. 103–416, § 219(z)(2), made technical correction to directory language of Pub. L. 102–232, § 304(b)(2). See 1991 Amendment note below. Subsec. (c)(2)(A)(iii)(III). Pub. L. 103–416, § 219(j), substituted “paragraphs” for “Paragraphs” and “and (3)(E)” for “or (3)(E)”. 1991—Subsec. (a)(1). Pub. L. 102–232, § 304(b)(1), inserted parenthetical relating to alien having no nationality. Subsec. (c)(1)(A). Pub. L. 102–232, § 304(b)(3), inserted parenthetical relating to alien having no nationality. Subsec. (c)(1)(B). Pub. L. 102–232, § 304(b)(2), as amended by Pub. L. 103–416, § 219(z)(2), inserted provisions requiring separate fee of aliens registered pursuant to designation made after July 17, 1991, and directing that all fees be credited to appropriation to be used to carry out this section. Subsec. (c)(2)(A)(iii)(I). Pub. L. 102–232, § 307(l)(5)(A), substituted “paragraphs (2)(A) and (2)(B)” for “paragraphs (9) and (10)”. Subsec. (c)(2)(A)(iii)(III). Pub. L. 102–232, § 307(l)(5)(B), amended subcl. (III) generally. Prior to amendment, subcl. (III) read as follows: “paragraphs (3) (relating to security and related grounds).” 1990—Subsec. (c)(2)(A)(i). Pub. L. 101–649, § 603(a)(24)(A), which directed the substitution of “(5) and (7)(A)” for “(14), (20), (21), (25), and (32)”, was executed by making the substitution for “(14), (15), (20), (21), (25), and (32)”, as the probable intent of Congress. Subsec. (c)(2)(A)(iii)(I). Pub. L. 101–649, § 603(a)(24)(B), which directed the substitution of “Paragraphs (2)(A) and (2)(B)” for “Paragraphs (9) and (10)”, could not be executed because the quoted language differed from the text. See 1991 Amendment note above. Subsec. (c)(2)(A)(iii)(II). Pub. L. 101–649, § 603(a)(24)(C), substituted “(2)(C)” for “(23)” and inserted “or” at end. Subsec. (c)(2)(A)(iii)(III). Pub. L. 101–649, § 603(a)(24)(D), which directed the substitution of “(3) (relating to security and related grounds)” for “(27) and (29) (relating to national security)”, and a period for “; or”, was executed by substituting “(3) (relating to security and related grounds)” for “(27) and (29) of such section (relating to national security)”, and a period for “, or”, as the probable intent of Congress. Subsec. (c)(2)(A)(iii)(IV). Pub. L. 101–649, § 603(a)(24)(E), struck out subcl. (IV) which referred to par. (33).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1996 AmendmentAmendment by 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 AmendmentAmendment by section 219(j) of Pub. L. 103–416 effective as if included in the enactment of the Immigration Act of 1990, Pub. L. 101–649, see section 219(dd) of Pub. L. 103–416, set out as a note under section 1101 of this title. Pub. L. 103–416, title II, § 219(z), Oct. 25, 1994, 108 Stat. 4318, provided that the amendment made by subsec. (z)(2) of section 219 is effective as if included in the Miscellaneous and Technical Immigration and Naturalization Amendments of 1991, Pub. L. 102–232.
|
||||
|
||||
Effective Date of 1991 AmendmentAmendment by section 304(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. Pub. L. 102–232, title III, § 307(l), Dec. 12, 1991, 105 Stat. 1756, provided that the amendment made by section 307(l) is effective as if included in section 603(a) of the Immigration Act of 1990, Pub. L. 101–649.
|
||||
|
||||
Effective Date of 1990 AmendmentAmendment by section 603(a)(24) of Pub. L. 101–649 applicable to individuals entering United States on or after June 1, 1991, see section 601(e)(1) of Pub. L. 101–649, set out as a note under section 1101 of this title.
|
||||
|
||||
Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.
|
||||
|
||||
Limitation on Suspension of DeportationThe Attorney General may not suspend deportation and adjust status under this section of more than 4,000 aliens in any fiscal year, beginning after Sept. 30, 1996, regardless of when aliens applied for such suspension and adjustment, see section 309(c)(7) of Pub. L. 104–208, set out in an Effective Date of 1996 Amendments note under section 1101 of this title.
|
||||
|
||||
Aliens Authorized To Travel Abroad TemporarilyPub. L. 102–232, title III, § 304(c), Dec. 12, 1991, 105 Stat. 1749, as amended by Pub. L. 104–208, div. C, title III, § 308(g)(1), (8)(A)(ii), (C), Sept. 30, 1996, 110 Stat. 3009–622, 3009–624, provided that: “(1) In the case of an alien described in paragraph (2) whom the Attorney General authorizes to travel abroad temporarily and who returns to the United States in accordance with such authorization—“(A) the alien shall be inspected and admitted in the same immigration status the alien had at the time of departure if—“(i) in the case of an alien described in paragraph (2)(A), the alien is found not to be excludable on a ground of exclusion referred to in section 301(a)(1) of the Immigration Act of 1990 [Pub. L. 101–649, set out as a note under section 1255a of this title], or “(ii) in the case of an alien described in paragraph (2)(B), the alien is found not to be excludable on a ground of exclusion referred to in section 244(c)(2)(A)(iii) of the Immigration and Nationality Act [8 U.S.C. 1254a(c)(2)(A)(iii)]; and “(B) the alien shall not be considered, by reason of such authorized departure, to have failed to maintain continuous physical presence in the United States for purposes of section 240A(a) of the Immigration and Nationality Act [8 U.S.C. 1229b(a)] if the absence meets the requirements of section 240A(b)(2) of such Act. “(2) Aliens described in this paragraph are the following:“(A) Aliens provided benefits under section 301 of the Immigration Act of 1990 (relating to family unity). “(B) Aliens provided temporary protected status under section 244 of the Immigration and Nationality Act, including aliens provided such status under section 303 of the Immigration Act of 1990 [Pub. L. 101–649, set out below].”
|
||||
|
||||
Effect on Executive Order 12711Pub. L. 101–649, title III, § 302(c), Nov. 29, 1990, 104 Stat. 5036, as amended by Pub. L. 102–232, title III, § 304(a), Dec. 12, 1991, 105 Stat. 1749; Pub. L. 103–416, title II, § 219(y), Oct. 25, 1994, 108 Stat. 4318; Pub. L. 104–208, div. C, title III, § 308(g)(1), Sept. 30, 1996, 110 Stat. 3009–622, provided that: “Notwithstanding subsection (g) of section 244 of the Immigration and Nationality Act [8 U.S.C. 1254a(g)] (inserted by the amendment made by subsection (a)), such section shall not supersede or affect Executive Order 12711 (April 11, 1990 [8 U.S.C. 1101 note], relating to policy implementation with respect to nationals of the People’s Republic of China).”
|
||||
|
||||
Special Temporary Protected Status for SalvadoransPub. L. 101–649, title III, § 303, Nov. 29, 1990, 104 Stat. 5036, as amended by Pub. L. 102–65, § 1, July 2, 1991, 105 Stat. 322; Pub. L. 104–208, div. C, title III, § 308(g)(1), (6)(A), Sept. 30, 1996, 110 Stat. 3009–622, 3009–623, provided that: “(a) Designation.—“(1) In general.—El Salvador is hereby designated under section 244(b) of the Immigration and Nationality Act [8 U.S.C. 1254a(b)], subject to the provisions of this section. “(2) Period of designation.—Such designation shall take effect on the date of the enactment of this section [Nov. 29, 1990] and shall remain in effect until the end of the 18-month period beginning January 1, 1991. “(b) Aliens Eligible.—“(1) In general.—In applying section 244 of the Immigration and Nationality Act [8 U.S.C. 1254a] pursuant to the designation under this section, subject to section 244(c)(3) of such Act, an alien who is a national of El Salvador meets the requirements of section 244(c)(1) of such Act only if—“(A) the alien has been continuously physically present in the United States since September 19, 1990; “(B) the alien is admissible as an immigrant, except as otherwise provided under section 244(c)(2)(A) of such Act, and is not ineligible for temporary protected status under section 244(c)(2)(B) of such Act; and “(C) in a manner which the Attorney General shall establish, the alien registers for temporary protected status under this section during the registration period beginning January 1, 1991, and ending October 31, 1991. “(2) Registration fee.—The Attorney General shall require payment of a reasonable fee as a condition of registering an alien under paragraph (1)(C) (including providing an alien with an ‘employment authorized’ endorsement or other appropriate work permit under this section). The amount of the fee shall be sufficient to cover the costs of administration of this section. Notwithstanding section 3302 of title 31, United States Code, all such registration fees collected shall be credited to the appropriation to be used in carrying out this section. “(c) Application of Certain Provisions.—“(1) In general.—Except as provided in this subsection, the provisions of section 244 of the Immigration and Nationality Act [8 U.S.C. 1254a] (including subsection (h) thereof) shall apply to El Salvador (and aliens provided temporary protected status) under this section in the same manner as they apply to a foreign state designated (and aliens provided temporary protected status) under such section. “(2) Provisions not applicable.—Subsections (b)(1), (b)(2), (b)(3), (c)(1), (c)(4), (d)(3), and (i) of such section 244 shall not apply under this section. “(3) 6-month period of registration and work authorization.—Notwithstanding section 244(a)(2) of the Immigration and Nationality Act, the work authorization provided under this section shall be effective for periods of 6 months. In applying section 244(c)(3)(C) of such Act under this section, ‘semiannually, at the end of each 6-month period’ shall be substituted for ‘annually, at the end of each 12-month period’ and, notwithstanding section 244(d)(2) of such Act, the period of validity of documentation under this section shall be 6 months. “(4) Reentry permitted after departure for emergency circumstances.—In applying section 244(f)(3) of the Immigration and Nationality Act under this section, the Attorney General shall provide for advance parole in the case of an alien provided special temporary protected status under this section if the alien establishes to the satisfaction of the Attorney General that emergency and extenuating circumstances beyond the control of the alien requires the alien to depart for a brief, temporary trip abroad. “(d) Enforcement of Requirement to Depart at Time of Termination of Designation.—“(1) Show cause order at time of final registration.—At the registration occurring under this section closest to the date of termination of the designation of El Salvador under subsection (a), the Immigration and Naturalization Service shall serve on the alien granted temporary protected status an order to show cause that establishes a date for deportation proceedings which is after the date of such termination of designation. If El Salvador is subsequently designated under section 244(b) of the Immigration and Nationality Act [8 U.S.C. 1254a], the Service shall cancel such orders. “(2) Sanction for failure to appear.—If an alien is provided an order to show cause under paragraph (1) and fails to appear at such proceedings, except for exceptional circumstances, the alien may be deported in absentia under section 240(b)(5) of the Immigration and Nationality Act [8 U.S.C. 1229a(b)(5)] (inserted by section 545(a) of this Act) and certain discretionary forms of relief are no longer available to the alien pursuant to such section.”
|
||||
@@ -0,0 +1,43 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 1254b"
|
||||
description: "Collection of fees under temporary protected status program"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "12"
|
||||
chapter_name: "IMMIGRATION AND NATIONALITY"
|
||||
section: "1254b"
|
||||
citation: "8 U.S.C. § 1254b"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s1254b"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "da5a5be5651d1f874cb76aa2f588d5b77b084116bf3489e29f0b5dec316d605f"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "3091f7b609b93dcc1cf06f9cd96512e2e630130a105b7d3007ac46fd512b1691"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 1254b - Collection of fees under temporary protected status program
|
||||
|
||||
## Text
|
||||
|
||||
(a) In addition to collection of registration fees described in section 1254a(c)(1)(B) of this title, fees for fingerprinting services, biometric services, and other necessary services may be collected when administering the program described in section 1254a of this title.
|
||||
|
||||
(b) Subsection (a) shall be construed to apply for fiscal year 1998 and each fiscal year thereafter.
|
||||
|
||||
(Pub. L. 111–83, title V, § 549, Oct. 28, 2009, 123 Stat. 2177.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Codification This section was enacted as part of the Department of Homeland Security Appropriations Act, 2010, and not as part of the Immigration and Nationality Act which comprises this chapter.
|
||||
File diff suppressed because one or more lines are too long
File diff suppressed because one or more lines are too long
@@ -0,0 +1,63 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 1255b"
|
||||
description: "Adjustment of status of certain nonimmigrants to that of persons admitted for permanent residence"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "12"
|
||||
chapter_name: "IMMIGRATION AND NATIONALITY"
|
||||
section: "1255b"
|
||||
citation: "8 U.S.C. § 1255b"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s1255b"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "cb02e8645d807ae19dd21be7c0877c20443b775170494418d5f9303627f2e01b"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "190d2bdc3177ffd4a06dbaf72cf5f1dd0de53a99eb04abdb7b97a60989b863ef"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 1255b - Adjustment of status of certain nonimmigrants to that of persons admitted for permanent residence
|
||||
|
||||
## Text
|
||||
|
||||
Notwithstanding any other provision of law—
|
||||
|
||||
(a) Application Any alien admitted to the United States as a nonimmigrant under the provisions of either section 101(a)(15)(A)(i) or (ii) or 101(a)(15)(G)(i) or (ii) of the Immigration and Nationality Act [8 U.S.C. 1101(a)(15)(A)(i), (ii), (G)(i), (ii)], who has failed to maintain a status under any of those provisions, may apply to the Attorney General for adjustment of his status to that of an alien lawfully admitted for permanent residence.
|
||||
|
||||
(b) Record of admission If, after consultation with the Secretary of State, it shall appear to the satisfaction of the Attorney General that the alien has shown compelling reasons demonstrating both that the alien is unable to return to the country represented by the government which accredited the alien or the member of the alien’s immediate family and that adjustment of the alien’s status to that of an alien lawfully admitted for permanent residence would be in the national interest, that the alien is a person of good moral character, that he is admissible for permanent residence under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.], and that such action would not be contrary to the national welfare, safety, or security, the Attorney General, in his discretion, may record the alien’s lawful admission for permanent residence as of the date the order of the Attorney General approving the application for adjustment of status is made.
|
||||
|
||||
(c) Report to the Congress; resolution not favoring adjustment of status; reduction of quota A complete and detailed statement of the facts and pertinent provisions of law in the case shall be reported to the Congress with the reasons for such adjustment of status. Such reports shall be submitted on the first day of each calendar month in which Congress is in session. The Secretary of State shall, if the alien was classifiable as a quota immigrant at the time of his entry, reduce by one the quota of the quota area to which the alien is chargeable under section 202 of the Immigration and Nationality Act [8 U.S.C. 1152] for the fiscal year then current or the next following year in which a quota is available. No quota shall be so reduced by more than 50 per centum in any fiscal year.
|
||||
|
||||
(d) Limitations The number of aliens who may be granted the status of aliens lawfully admitted for permanent residence in any fiscal year, pursuant to this section, shall not exceed fifty.
|
||||
|
||||
(Pub. L. 85–316, § 13, Sept. 11, 1957, 71 Stat. 642; Pub. L. 97–116, § 17, Dec. 29, 1981, 95 Stat. 1619; Pub. L. 100–525, § 9(kk), Oct. 24, 1988, 102 Stat. 2622; Pub. L. 103–416, title II, § 207, Oct. 25, 1994, 108 Stat. 4312; Pub. L. 104–208, div. C, title VI, § 671(b)(4), Sept. 30, 1996, 110 Stat. 3009–721.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe Immigration and Nationality Act, referred to in subsec. (b), is act June 27, 1952, ch. 477, 66 Stat. 163, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables.
|
||||
|
||||
Codification Section was not enacted as a part of the Immigration and Nationality Act which comprises this chapter.
|
||||
|
||||
Amendments1996—Subsec. (c). Pub. L. 104–208 made technical amendment to directory language of Pub. L. 103–416, § 207(2). See 1994 Amendment note below. 1994—Subsec. (c). Pub. L. 103–416, § 207(1), struck out after second sentence “If, during the session of the Congress at which a case is reported, or prior to the close of the session of Congress next following the session at which a case is reported, either the Senate or the House of Representatives passes a resolution stating in substance that it does not favor the adjustment of status of such alien, the Attorney General shall thereupon require the departure of such alien in the manner provided by law.” Pub. L. 103–416, § 207(2), as amended by Pub. L. 104–208, substituted “The” for “If neither the Senate nor the House of Representatives passes such a resolution within the time above specified, the”. 1988—Subsec. (b). Pub. L. 100–525 struck out “of” after “as of the date”. 1981—Subsec. (b). Pub. L. 97–116 inserted provision requiring that the alien has shown compelling reasons demonstrating both that the alien is unable to return to the country represented by the government which accredited the alien or the member of the alien’s immediate family and that adjustment of the alien’s status to that of an alien lawfully admitted for permanent residence would be in the national interest.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1996 AmendmentAmendment by Pub. L. 104–208 effective as if included in the enactment of the Immigration and Nationality Technical Corrections Act of 1994, Pub. L. 103–416, see section 671(b)(14) of Pub. L. 104–208, set out as a note under section 1101 of this title.
|
||||
|
||||
Effective Date of 1981 AmendmentAmendment 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.
|
||||
|
||||
Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.
|
||||
|
||||
Definitions; Applicability of Section 1101(a) and (b) of This Title The definitions in subsecs. (a) and (b) of section 1101 of this title apply to this section, see section 14 of Pub. L. 85–316, set out as a note under section 1101 of this title.
|
||||
@@ -0,0 +1,55 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 1256"
|
||||
description: "Rescission of adjustment of status; effect upon naturalized citizen"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "12"
|
||||
chapter_name: "IMMIGRATION AND NATIONALITY"
|
||||
section: "1256"
|
||||
citation: "8 U.S.C. § 1256"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s1256"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "4baf5b5e6001fe6f8de105aacc92e8769bcd2839613088e8b64b28717c92a4f7"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "c21cc10f5630a9178fe4a5d35c2b6bf333549c0e11713b4afcb7218bf3b522cd"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 1256 - Rescission of adjustment of status; effect upon naturalized citizen
|
||||
|
||||
## Text
|
||||
|
||||
(a) If, at any time within five years after the status of a person has been otherwise adjusted under the provisions of section 1255 or 1259 of this title or any other provision of law to that of an alien lawfully admitted for permanent residence, it shall appear to the satisfaction of the Attorney General that the person was not in fact eligible for such adjustment of status, the Attorney General shall rescind the action taken granting an adjustment of status to such person and cancelling removal in the case of such person if that occurred and the person shall thereupon be subject to all provisions of this chapter to the same extent as if the adjustment of status had not been made. Nothing in this subsection shall require the Attorney General to rescind the alien’s status prior to commencement of procedures to remove the alien under section 1229a of this title, and an order of removal issued by an immigration judge shall be sufficient to rescind the alien’s status.
|
||||
|
||||
(b) Any person who has become a naturalized citizen of the United States upon the basis of a record of a lawful admission for permanent residence, created as a result of an adjustment of status for which such person was not in fact eligible, and which is subsequently rescinded under subsection (a) of this section, shall be subject to the provisions of section 1451 of this title as a person whose naturalization was procured by concealment of a material fact or by willful misrepresentation.
|
||||
|
||||
(June 27, 1952, ch. 477, title II, ch. 5, § 246, 66 Stat. 217; Pub. L. 103–416, title II, § 219(m), Oct. 25, 1994, 108 Stat. 4317; Pub. L. 104–208, div. C, title III, §§ 308(e)(1)(H), 378(a), Sept. 30, 1996, 110 Stat. 3009–619, 3009–649.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThis chapter, referred to in subsec. (a), was in the original, “this Act”, meaning act June 27, 1952, ch. 477, 66 Stat. 163, 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 under section 1101 of this title and Tables.
|
||||
|
||||
Amendments1996—Subsec. (a). Pub. L. 104–208, § 378(a), inserted at end “Nothing in this subsection shall require the Attorney General to rescind the alien’s status prior to commencement of procedures to remove the alien under section 1229a of this title, and an order of removal issued by an immigration judge shall be sufficient to rescind the alien’s status.” Pub. L. 104–208, § 308(e)(1)(H), substituted “removal” for “deportation”. 1994—Subsec. (a). Pub. L. 103–416 struck out first three sentences which read as follows: “If, at any time within five years after the status of a person has been adjusted under the provisions of section 1254 of this title or under section 19(c) of the Immigration Act of February 5, 1917, to that of an alien lawfully admitted for permanent residence, it shall appear to the satisfaction of the Attorney General that the person was not in fact eligible for such adjustment of status, the Attorney General shall submit to the Congress a complete and detailed statement of the facts and pertinent provisions of law in the case. Such reports shall be submitted on the first and fifteenth day of each calendar month in which Congress is in session. If during the session of the Congress at which a case is reported, or prior to the close of the session of the Congress next following the session at which a case is reported, the Congress passes a concurrent resolution withdrawing suspension of deportation, the person shall thereupon be subject to all provisions of this chapter to the same extent as if the adjustment of status had not been made.”
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1996 AmendmentAmendment by section 308(e)(1)(H) 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. Pub. L. 104–208, div. C, title III, § 378(b), Sept. 30, 1996, 110 Stat. 3009–649, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on the title III–A effective date (as defined in section 309(a) of this division [set out as a note under section 1101 of this title]).”
|
||||
|
||||
Effective Date of 1994 AmendmentPub. L. 103–416, title II, § 219(m), Oct. 25, 1994, 108 Stat. 4317, provided that the amendment made by section 219(m) is effective as of Oct. 25, 1994.
|
||||
|
||||
Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.
|
||||
|
||||
References to Order of Removal Deemed To Include Order of Exclusion and DeportationFor purposes of carrying out this chapter, any reference in law to an order of removal is deemed to include a reference to an order of exclusion and deportation or an order of deportation, see section 309(d)(2) of Pub. L. 104–208, set out in an Effective Date of 1996 Amendments note under section 1101 of this title.
|
||||
@@ -0,0 +1,49 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 1257"
|
||||
description: "Adjustment of status of certain resident aliens to nonimmigrant status; exceptions"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "12"
|
||||
chapter_name: "IMMIGRATION AND NATIONALITY"
|
||||
section: "1257"
|
||||
citation: "8 U.S.C. § 1257"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s1257"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "99a61fac1e48fbc31000588fa16cf88a80683ac5430965234ef786d06281a0c5"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "eab23f0f2addcac039d86afe682e968e67586106d8f20ef51e09331c26bf4890"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 1257 - Adjustment of status of certain resident aliens to nonimmigrant status; exceptions
|
||||
|
||||
## Text
|
||||
|
||||
(a) The status of an alien lawfully admitted for permanent residence shall be adjusted by the Attorney General, under such regulations as he may prescribe, to that of a nonimmigrant under paragraph (15)(A), (E), or (G) of section 1101(a) of this title, if such alien had at the time of admission or subsequently acquires an occupational status which would, if he were seeking admission to the United States, entitle him to a nonimmigrant status under such paragraphs. As of the date of the Attorney General’s order making such adjustment of status, the Attorney General shall cancel the record of the alien’s admission for permanent residence, and the immigrant status of such alien shall thereby be terminated.
|
||||
|
||||
(b) The adjustment of status required by subsection (a) shall not be applicable in the case of any alien who requests that he be permitted to retain his status as an immigrant and who, in such form as the Attorney General may require, executes and files with the Attorney General a written waiver of all rights, privileges, exemptions, and immunities under any law or any executive order which would otherwise accrue to him because of the acquisition of an occupational status entitling him to a nonimmigrant status under paragraph (15)(A), (E), or (G) of section 1101(a) of this title.
|
||||
|
||||
(June 27, 1952, ch. 477, title II, ch. 5, § 247, 66 Stat. 218; Pub. L. 104–208, div. C, title III, § 308(f)(1)(P), Sept. 30, 1996, 110 Stat. 3009–621.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1996—Subsec. (a). Pub. L. 104–208 substituted “time of admission” for “time of entry”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1996 AmendmentAmendment by 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.
|
||||
|
||||
Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.
|
||||
@@ -0,0 +1,59 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 1258"
|
||||
description: "Change of nonimmigrant classification"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "12"
|
||||
chapter_name: "IMMIGRATION AND NATIONALITY"
|
||||
section: "1258"
|
||||
citation: "8 U.S.C. § 1258"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s1258"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "727735516af3a98e7c8f1039210cf44b3c7f658d6b2199b059a0e44f3408a3d1"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "6275b6cb080139aaef97027dbf8aae5ee3c0028955f66a91411dd9b7848db066"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 1258 - Change of nonimmigrant classification
|
||||
|
||||
## Text
|
||||
|
||||
(a) The Secretary of Homeland Security may, under such conditions as he may prescribe, authorize a change from any nonimmigrant classification to any other nonimmigrant classification in the case of any alien lawfully admitted to the United States as a nonimmigrant who is continuing to maintain that status and who is not inadmissible under section 1182(a)(9)(B)(i) of this title (or whose inadmissibility under such section is waived under section 1182(a)(9)(B)(v) of this title), except (subject to subsection (b)) in the case of—
|
||||
|
||||
(1) an alien classified as a nonimmigrant under subparagraph (C), (D), (K), or (S) of section 1101(a)(15) of this title,
|
||||
|
||||
(2) an alien classified as a nonimmigrant under subparagraph (J) of section 1101(a)(15) of this title who came to the United States or acquired such classification in order to receive graduate medical education or training,
|
||||
|
||||
(3) an alien (other than an alien described in paragraph (2)) classified as a nonimmigrant under subparagraph (J) of section 1101(a)(15) of this title who is subject to the two-year foreign residence requirement of section 1182(e) of this title and has not received a waiver thereof, unless such alien applies to have the alien’s classification changed from classification under subparagraph (J) of section 1101(a)(15) of this title to a classification under subparagraph (A) or (G) of such section, and
|
||||
|
||||
(4) an alien admitted as a nonimmigrant visitor without a visa under section 1182(l) of this title or section 1187 of this title.
|
||||
|
||||
(b) The exceptions specified in paragraphs (1) through (4) of subsection (a) shall not apply to a change of nonimmigrant classification to that of a nonimmigrant under subparagraph (T) or (U) of section 1101(a)(15) of this title.
|
||||
|
||||
(June 27, 1952, ch. 477, title II, ch. 5, § 248, 66 Stat. 218; Pub. L. 87–256, § 109(d), Sept. 21, 1961, 75 Stat. 535; Pub. L. 97–116, § 10, Dec. 29, 1981, 95 Stat. 1617; Pub. L. 99–603, title III, § 313(d), Nov. 6, 1986, 100 Stat. 3439; Pub. L. 103–322, title XIII, § 130003(b)(3), Sept. 13, 1994, 108 Stat. 2025; Pub. L. 104–208, div. C, title III, § 301(b)(2), title VI, § 671(a)(2), Sept. 30, 1996, 110 Stat. 3009–578, 3009–721; Pub. L. 109–162, title VIII, § 821(c)(1), Jan. 5, 2006, 119 Stat. 3062.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2006—Pub. L. 109–162 designated existing provisions as subsec. (a), substituted “Secretary of Homeland Security” for “Attorney General”, inserted “(subject to subsection (b))” after “except” in introductory provisions, and added subsec. (b). 1996—Pub. L. 104–208, § 301(b)(2), in introductory provisions, inserted “and who is not inadmissible under section 1182(a)(9)(B)(i) of this title (or whose inadmissibility under such section is waived under section 1182(a)(9)(B)(v) of this title)” after “maintain that status”. Par. (1). Pub. L. 104–208, § 671(a)(2), made technical amendment to directory language of Pub. L. 103–322, § 130003(b)(3). See 1994 Amendment note below. 1994—Par. (1). Pub. L. 103–322, § 130003(b)(3), as amended by Pub. L. 104–208, § 671(a)(2), substituted “(K), or (S)” for “or (K)”. 1986—Par. (4). Pub. L. 99–603 added par. (4). 1981—Pub. L. 97–116 permitted certain exchange visitors who are not subject to a requirement of returning to their home countries for two years, or who have had such requirement waived, to adjust to a visitor or diplomat status, prohibited the adjustment of nonimmigrant status by fiancee or fiance nonimmigrants, and specifically precluded the change of status with respect to doctors who have entered the United States as exchange visitors for graduate medical training, even if they have received a waiver of the two-year foreign residence requirement. 1961—Pub. L. 87–256 inserted references to paragraph (15)(J) of section 1101(a) of this title in two places.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1996 AmendmentAmendment by section 301(b)(2) 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. Amendment by section 671(a)(2) of Pub. L. 104–208 effective as if included in the enactment of the Violent Crime Control and Law Enforcement Act of 1994, Pub. L. 103–322, see section 671(a)(7) of Pub. L. 104–208, set out as a note under section 1101 of this title.
|
||||
|
||||
Effective Date of 1981 AmendmentAmendment 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.
|
||||
|
||||
Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.
|
||||
@@ -0,0 +1,63 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 1259"
|
||||
description: "Record of admission for permanent residence in the case of certain aliens who entered the United States prior to January 1, 1972"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "12"
|
||||
chapter_name: "IMMIGRATION AND NATIONALITY"
|
||||
section: "1259"
|
||||
citation: "8 U.S.C. § 1259"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s1259"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "645ad6196cc66990e043cc6cc4c9a18a4a3c519cabb5d7f61fd12f2f88da61e1"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "e72235bd3bfc8a90e960d093e19c935108d70a5ddbee9504f58a92d232d07467"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 1259 - Record of admission for permanent residence in the case of certain aliens who entered the United States prior to January 1, 1972
|
||||
|
||||
## Text
|
||||
|
||||
A record of lawful admission for permanent residence may, in the discretion of the Attorney General and under such regulations as he may prescribe, be made in the case of any alien, as of the date of the approval of his application or, if entry occurred prior to July 1, 1924, as of the date of such entry, if no such record is otherwise available and such alien shall satisfy the Attorney General that he is not inadmissible under section 1182(a)(3)(E) of this title or under section 1182(a) of this title insofar as it relates to criminals, procurers and other immoral persons, subversives, violators of the narcotic laws or smugglers of aliens, and he establishes that he—
|
||||
|
||||
(a) entered the United States prior to January 1, 1972;
|
||||
|
||||
(b) has had his residence in the United States continuously since such entry;
|
||||
|
||||
(c) is a person of good moral character; and
|
||||
|
||||
(d) is not ineligible to citizenship and is not deportable under section 1227(a)(4)(B) of this title.
|
||||
|
||||
(June 27, 1952, ch. 477, title II, ch. 5, § 249, 66 Stat. 219; Pub. L. 85–616, Aug. 8, 1958, 72 Stat. 546; Pub. L. 89–236, § 19, Oct. 3, 1965, 79 Stat. 920; Pub. L. 99–603, title II, § 203(a), Nov. 6, 1986, 100 Stat. 3405; Pub. L. 100–525, § 2(j), Oct. 24, 1988, 102 Stat. 2612; Pub. L. 101–649, title VI, § 603(a)(14), Nov. 29, 1990, 104 Stat. 5083; Pub. L. 104–132, title IV, § 413(e), Apr. 24, 1996, 110 Stat. 1269; Pub. L. 104–208, div. C, title III, § 308(g)(10)(C), Sept. 30, 1996, 110 Stat. 3009–625.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1996—Par. (d). Pub. L. 104–208 substituted “section 1227(a)(4)(B)” for “section 1251(a)(4)(B)”. Pub. L. 104–132 inserted “and is not deportable under section 1251(a)(4)(B) of this title” after “ineligible to citizenship”. 1990—Pub. L. 101–649 substituted “1182(a)(3)(E)” for “1182(a)(33)”. 1988—Pub. L. 100–525 amended Pub. L. 99–603. See 1986 Amendment note below. 1986—Pub. L. 99–603, as amended by Pub. L. 100–525, inserted “under section 1182(a)(33) of this title or” in introductory provisions and substituted “January 1, 1972” for “June 30, 1948” in section heading and in par. (a). 1965—Pub. L. 89–236 substituted “June 30, 1948” for “June 28, 1940”. 1958—Pub. L. 85–616 permitted record of lawful admission to be made in the case of aliens who entered the United States prior to June 28, 1940, authorized the record to be made as of the date of the approval of the application for those who entered subsequent to July 1, 1924, and prior to June 28, 1940, and substituted provisions requiring the alien to satisfy the Attorney General that he is not inadmissible under section 1182(a) of this title insofar as it relates to criminals, procurers and other immoral persons, subversives, violators of the narcotic laws or smugglers of aliens for provisions which required the alien to satisfy the Attorney General that he was not subject to deportation.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1996 AmendmentsAmendment by 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. Amendment by Pub. L. 104–132 effective Apr. 24, 1996, and applicable to applications filed before, on, or after such date if final action not yet taken on them before such date, see section 413(g) of Pub. L. 104–132, set out as a note under section 1253 of this title.
|
||||
|
||||
Effective Date of 1990 AmendmentAmendment by Pub. L. 101–649 applicable to individuals entering United States on or after June 1, 1991, see section 601(e)(1) of Pub. L. 101–649, set out as a note under section 1101 of this title.
|
||||
|
||||
Effective Date of 1988 AmendmentAmendment by Pub. L. 100–525 effective as if included in enactment of Immigration Reform and Control Act of 1986, Pub. L. 99–603, see section 2(s) of Pub. L. 100–525, set out as a note under section 1101 of this title.
|
||||
|
||||
Effective Date of 1965 AmendmentFor 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.
|
||||
|
||||
Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.
|
||||
|
||||
Applicability of Numerical LimitationsPub. L. 99–603, title II, § 203(c), Nov. 6, 1986, 100 Stat. 3405, provided that: “The numerical limitations of sections 201 and 202 of the Immigration and Nationality Act [8 U.S.C. 1151, 1152] shall not apply to aliens provided lawful permanent resident status under section 249 of that Act [8 U.S.C. 1259].”
|
||||
@@ -0,0 +1,45 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 1260"
|
||||
description: "Removal of aliens falling into distress"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "12"
|
||||
chapter_name: "IMMIGRATION AND NATIONALITY"
|
||||
section: "1260"
|
||||
citation: "8 U.S.C. § 1260"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s1260"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "935dadee93716af373c8a13d42af92a480a11ad886e12eabaa13a04069d50356"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "0c07b8430b14374ed632fd3cb7752622e92b493f471276534681c49bef52d977"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 1260 - Removal of aliens falling into distress
|
||||
|
||||
## Text
|
||||
|
||||
The Attorney General may remove from the United States any alien who falls into distress or who needs public aid from causes arising subsequent to his entry, and is desirous of being so removed, to the native country of such alien, or to the country from which he came, or to the country of which he is a citizen or subject, or to any other country to which he wishes to go and which will receive him, at the expense of the appropriation for the enforcement of this chapter. Any alien so removed shall be ineligible to apply for or receive a visa or other documentation for readmission, or to apply for admission to the United States except with the prior approval of the Attorney General.
|
||||
|
||||
(June 27, 1952, ch. 477, title II, ch. 5, § 250, 66 Stat. 219.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThis chapter, referred to in text, was in the original, “this Act”, meaning act June 27, 1952, ch. 477, 66 Stat. 163, 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 under section 1101 of this title and Tables.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.
|
||||
@@ -0,0 +1,59 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 1281"
|
||||
description: "Alien crewmen"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "12"
|
||||
chapter_name: "IMMIGRATION AND NATIONALITY"
|
||||
section: "1281"
|
||||
citation: "8 U.S.C. § 1281"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s1281"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "a0c639c357b26919572b8bf83e4d9287de59ef25b49b69d13979da322d2ce6e3"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "07c1eb0bcdf22698c6fc04f89704199af6865cacfc85ab2cb1e9b62a9f917179"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 1281 - Alien crewmen
|
||||
|
||||
## Text
|
||||
|
||||
(a) Arrival; submission of list; exceptions Upon arrival of any vessel or aircraft in the United States from any place outside the United States it shall be the duty of the owner, agent, consignee, master, or commanding officer thereof to deliver to an immigration officer at the port of arrival (1) a complete, true, and correct list containing the names of all aliens employed on such vessel or aircraft, the positions they respectively hold in the crew of the vessel or aircraft, when and where they were respectively shipped or engaged, and those to be paid off or discharged in the port of arrival; or (2) in the discretion of the Attorney General, such a list containing so much of such information, or such additional or supplemental information, as the Attorney General shall by regulations prescribe. In the case of a vessel engaged solely in traffic on the Great Lakes, Saint Lawrence River, and connecting waterways, such lists shall be furnished at such times as the Attorney General may require.
|
||||
|
||||
(b) Reports of illegal landings It shall be the duty of any owner, agent, consignee, master, or commanding officer of any vessel or aircraft to report to an immigration officer, in writing, as soon as discovered, all cases in which any alien crewman has illegally landed in the United States from the vessel or aircraft, together with a description of such alien and any information likely to lead to his apprehension.
|
||||
|
||||
(c) Departure; submission of list; exceptions Before the departure of any vessel or aircraft from any port in the United States, it shall be the duty of the owner, agent, consignee, master, or commanding officer thereof, to deliver to an immigration officer at that port (1) a list containing the names of all alien employees who were not employed thereon at the time of the arrival at that port but who will leave such port thereon at the time of the departure of such vessel or aircraft and the names of those, if any, who have been paid off or discharged, and of those, if any, who have deserted or landed at that port, or (2) in the discretion of the Attorney General, such a list containing so much of such information, or such additional or supplemental information, as the Attorney General shall by regulations prescribe. In the case of a vessel engaged solely in traffic on the Great Lakes, Saint Lawrence River, and connecting waterways, such lists shall be furnished at such times as the Attorney General may require.
|
||||
|
||||
(d) Violations In case any owner, agent, consignee, master, or commanding officer shall fail to deliver complete, true, and correct lists or reports of aliens, or to report cases of desertion or landing, as required by subsections (a), (b), and (c), such owner, agent, consignee, master, or commanding officer, shall, if required by the Attorney General, pay to the Commissioner the sum of $200 for each alien concerning whom such lists are not delivered or such reports are not made as required in the preceding subsections. In the case that any owner, agent, consignee, master, or commanding officer of a vessel shall secure services of an alien crewman described in section 1101(a)(15)(D)(i) of this title to perform longshore work not included in the normal operation and service on board the vessel under section 1288 of this title, the owner, agent, consignee, master, or commanding officer shall pay to the Commissioner the sum of $5,000, and such fine shall be a lien against the vessel. No such vessel or aircraft shall be granted clearance from any port at which it arrives pending the determination of the question of the liability to the payment of such fine, and if such fine is imposed, while it remains unpaid. No such fine shall be remitted or refunded. Clearance may be granted prior to the determination of such question upon deposit of a bond or a sum sufficient to cover such fine.
|
||||
|
||||
(e) Regulations The Attorney General is authorized to prescribe by regulations the circumstances under which a vessel or aircraft shall be deemed to be arriving in, or departing from the United States or any port thereof within the meaning of any provision of this part.
|
||||
|
||||
(June 27, 1952, ch. 477, title II, ch. 6, § 251, 66 Stat. 219; Pub. L. 101–649, title II, § 203(b), Nov. 29, 1990, 104 Stat. 5018; Pub. L. 102–232, title III, § 303(a)(3), Dec. 12, 1991, 105 Stat. 1746.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1991—Subsec. (d). Pub. L. 102–232 substituted “consignee” for “charterer” after “the owner, agent,” in second sentence. 1990—Subsec. (d). Pub. L. 101–649 substituted “pay to the Commissioner the sum of $200” for “pay to the collector of customs of any customs district in which the vessel or aircraft may at any time be found the sum of $10” and inserted after first sentence “In the case that any owner, agent, consignee, master, or commanding officer of a vessel shall secure services of an alien crewman described in section 1101(a)(15)(D)(i) of this title to perform longshore work not included in the normal operation and service on board the vessel under section 1288 of this title, the owner, agent, charterer, master, or commanding officer shall pay to the Commissioner the sum of $5,000, and such fine shall be a lien against the vessel.”
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1991 AmendmentAmendment by 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 AmendmentAmendment by Pub. L. 101–649 applicable to services performed on or after 180 days after Nov. 29, 1990, see section 203(d) of Pub. L. 101–649, set out as a note under section 1101 of this title.
|
||||
|
||||
Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.
|
||||
|
||||
Inapplicability of Amendment by Pub. L. 101–649Amendment by section 203(b) 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.
|
||||
@@ -0,0 +1,67 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 1282"
|
||||
description: "Conditional permits to land temporarily"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "12"
|
||||
chapter_name: "IMMIGRATION AND NATIONALITY"
|
||||
section: "1282"
|
||||
citation: "8 U.S.C. § 1282"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s1282"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "c7c4a000151e2f053014987fa592e6a7654dace9a2538992a2facd7275c4648c"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "830620d0aa6654b64539039bb02c0860d706020f18ce801d571072a444174daf"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 1282 - Conditional permits to land temporarily
|
||||
|
||||
## Text
|
||||
|
||||
(a) Period of time No alien crewman shall be permitted to land temporarily in the United States except as provided in this section and sections 1182(d)(3), (5) and 1283 of this title. If an immigration officer finds upon examination that an alien crewman is a nonimmigrant under paragraph (15)(D) of section 1101(a) of this title and is otherwise admissible and has agreed to accept such permit, he may, in his discretion, grant the crewman a conditional permit to land temporarily pursuant to regulations prescribed by the Attorney General, subject to revocation in subsequent proceedings as provided in subsection (b), and for a period of time, in any event, not to exceed—
|
||||
|
||||
(1) the period of time (not exceeding twenty-nine days) during which the vessel or aircraft on which he arrived remains in port, if the immigration officer is satisfied that the crewman intends to depart on the vessel or aircraft on which he arrived;
|
||||
|
||||
(2) twenty-nine days, if the immigration officer is satisfied that the crewman intends to depart, within the period for which he is permitted to land, on a vessel or aircraft other than the one on which he arrived; or
|
||||
|
||||
(3) 180 days, if the immigration officer determines that the crewman—
|
||||
|
||||
(A) intends to depart, within the period for which the crewman is permitted to land, on the same vessel or on a vessel or aircraft other than the vessel on which the crewman arrived; and
|
||||
|
||||
(B) will perform ship-to-ship liquid cargo transfer operations to or from any other vessel engaged in foreign trade during such period.
|
||||
|
||||
(b) Revocation; expenses of detention Pursuant to regulations prescribed by the Attorney General, any immigration officer may, in his discretion, if he determines that an alien is not a bona fide crewman, or does not intend to depart on the vessel or aircraft which brought him, revoke the conditional permit to land which was granted such crewman under the provisions of subsection (a)(1), take such crewman into custody, and require the master or commanding officer of the vessel or aircraft on which the crewman arrived to receive and detain him on board such vessel or aircraft, if practicable, and such crewman shall be removed from the United States at the expense of the transportation line which brought him to the United States. Until such alien is so removed, any expenses of his detention shall be borne by such transportation company. Nothing in this section shall be construed to require the procedure prescribed in section 1229a of this title to cases falling within the provisions of this subsection.
|
||||
|
||||
(c) Penalties Any alien crewman who willfully remains in the United States in excess of the number of days allowed in any conditional permit issued under subsection (a) shall be fined under title 18 or imprisoned not more than 6 months, or both.
|
||||
|
||||
(June 27, 1952, ch. 477, title II, ch. 6, § 252, 66 Stat. 220; Pub. L. 101–649, title V, § 543(b)(1), Nov. 29, 1990, 104 Stat. 5059; Pub. L. 102–232, title III, § 306(c)(3), Dec. 12, 1991, 105 Stat. 1752; Pub. L. 104–208, div. C, title III, § 308(e)(2)(E), (g)(5)(A)(i), Sept. 30, 1996, 110 Stat. 3009–620, 3009–623; Pub. L. 117–360, § 3, Jan. 5, 2023, 136 Stat. 6293.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2023—Subsec. (a)(3). Pub. L. 117–360 added par. (3). 1996—Subsec. (b). Pub. L. 104–208, § 308(g)(5)(A)(i), substituted “section 1229a” for “section 1252”. Pub. L. 104–208, § 308(e)(2)(E), substituted “removed” for “deported” in two places. 1991—Subsec. (c). Pub. L. 102–232 substituted “fined under title 18” for “fined not more than $2,000 (or, if greater, the amount provided under title 18)”. 1990—Subsec. (c). Pub. L. 101–649 substituted “shall be fined not more than $2,000 (or, if greater, the amount provided under title 18) or imprisoned not more than 6 months” for “shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not more than $500 or shall be imprisoned for not more than six months”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1996 AmendmentAmendment by 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 1991 AmendmentAmendment by 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 AmendmentAmendment by Pub. L. 101–649 applicable to actions taken after Nov. 29, 1990, see section 543(c) of Pub. L. 101–649, set out as a note under section 1221 of this title.
|
||||
|
||||
Rule of ConstructionFor purposes of amendment by Pub. L. 117–360, performance by crewmen of ship-to-ship liquid cargo transfer operations not to be considered, for immigration purposes, to be services, work, labor or employment by the crewman within the United States, see section 4 of Pub. L. 117–360, set out as a note under section 1101 of this title.
|
||||
|
||||
Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.
|
||||
@@ -0,0 +1,41 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 1283"
|
||||
description: "Hospital treatment of alien crewmen afflicted with certain diseases"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "12"
|
||||
chapter_name: "IMMIGRATION AND NATIONALITY"
|
||||
section: "1283"
|
||||
citation: "8 U.S.C. § 1283"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s1283"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "1a5e9b18af8304bf25d9d6f96f4f26ca8a6c3b71d3041e2a15f4906f7148fd15"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "863d2ba4d686253fb68833eeba214c137051c49bad546beb9b56afffaca1236e"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 1283 - Hospital treatment of alien crewmen afflicted with certain diseases
|
||||
|
||||
## Text
|
||||
|
||||
An alien crewman, including an alien crewman ineligible for a conditional permit to land under section 1282(a) of this title, who is found on arrival in a port of the United States to be afflicted with any of the disabilities or diseases mentioned in section 1285 of this title, shall be placed in a hospital designated by the immigration officer in charge at the port of arrival and treated, all expenses connected therewith, including burial in the event of death, to be borne by the owner, agent, consignee, commanding officer, or master of the vessel or aircraft, and not to be deducted from the crewman’s wages. No such vessel or aircraft shall be granted clearance until such expenses are paid, or their payment appropriately guaranteed, and the collector of customs is so notified by the immigration officer in charge. An alien crewman suspected of being afflicted with any such disability or disease may be removed from the vessel or aircraft on which he arrived to an immigration station, or other appropriate place, for such observation as will enable the examining surgeons to determine definitely whether or not he is so afflicted, all expenses connected therewith to be borne in the manner hereinbefore prescribed. In cases in which it appears to the satisfaction of the immigration officer in charge that it will not be possible within a reasonable time to effect a cure, the return of the alien crewman shall be enforced on, or at the expense of, the transportation line on which he came, upon such conditions as the Attorney General shall prescribe, to insure that the alien shall be properly cared for and protected, and that the spread of contagion shall be guarded against.
|
||||
|
||||
(June 27, 1952, ch. 477, title II, ch. 6, § 253, 66 Stat. 221.)
|
||||
|
||||
## Notes
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.
|
||||
@@ -0,0 +1,55 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "8 U.S.C. § 1284"
|
||||
description: "Control of alien crewmen"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 8
|
||||
title_name: "ALIENS AND NATIONALITY"
|
||||
chapter_number: "12"
|
||||
chapter_name: "IMMIGRATION AND NATIONALITY"
|
||||
section: "1284"
|
||||
citation: "8 U.S.C. § 1284"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip"
|
||||
source_identifier: "/us/usc/t8/s1284"
|
||||
source_file: "data/legal/raw/us/code/title-08/usc08.xml"
|
||||
source_hash: "6bde87b925bad1f131024e7f4c2de67f64846cce3c73979f9f0485a5922c5029"
|
||||
raw_snapshot_hash: "18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c"
|
||||
text_hash: "0a7aaeb67ddddc57fc13ee3e8157ef2fa8ddb1604f10e573fd3b8f476bb78884"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 8 U.S.C. § 1284 - Control of alien crewmen
|
||||
|
||||
## Text
|
||||
|
||||
(a) Penalties for failure The owner, agent, consignee, charterer, master, or commanding officer of any vessel or aircraft arriving in the United States from any place outside thereof who fails (1) to detain on board the vessel, or in the case of an aircraft to detain at a place specified by an immigration officer at the expense of the airline, any alien crewman employed thereon until an immigration officer has completely inspected such alien crewman, including a physical examination by the medical examiner, or (2) to detain any alien crewman on board the vessel, or in the case of an aircraft at a place specified by an immigration officer at the expense of the airline, after such inspection unless a conditional permit to land temporarily has been granted such alien crewman under section 1282 of this title or unless an alien crewman has been permitted to land temporarily under section 1182(d)(5) or 1283 of this title for medical or hospital treatment, or (3) to remove such alien crewman if required to do so by an immigration officer, whether such removal requirement is imposed before or after the crewman is permitted to land temporarily under section 1182(d)(5), 1282, or 1283 of this title, shall pay to the Commissioner the sum of $3,000 for each alien crewman in respect to whom any such failure occurs. No such vessel or aircraft shall be granted clearance pending the determination of the liability to the payment of such fine, or while the fine remains unpaid, except that clearance may be granted prior to the determination of such question upon the deposit of a sum sufficient to cover such fine, or of a bond with sufficient surety to secure the payment thereof approved by the Commissioner. The Attorney General may, upon application in writing therefor, mitigate such penalty to not less than $500 for each alien crewman in respect of whom such failure occurs, upon such terms as he shall think proper.
|
||||
|
||||
(b) Prima facie evidence against transportation line Except as may be otherwise prescribed by regulations issued by the Attorney General, proof that an alien crewman did not appear upon the outgoing manifest of the vessel or aircraft on which he arrived in the United States from any place outside thereof, or that he was reported by the master or commanding officer of such vessel or aircraft as a deserter, shall be prima facie evidence of a failure to detain or remove such alien crewman.
|
||||
|
||||
(c) Removal on other than arriving vessel or aircraft; expenses If the Attorney General finds that removal of an alien crewman under this section on the vessel or aircraft on which he arrived is impracticable or impossible, or would cause undue hardship to such alien crewman, he may cause the alien crewman to be removed from the port of arrival or any other port on another vessel or aircraft of the same transportation line, unless the Attorney General finds this to be impracticable. All expenses incurred in connection with such removal, including expenses incurred in transferring an alien crewman from one place in the United States to another under such conditions and safeguards as the Attorney General shall impose, shall be paid by the owner or owners of the vessel or aircraft on which the alien arrived in the United States. The vessel or aircraft on which the alien arrived shall not be granted clearance until such expenses have been paid or their payment guaranteed to the satisfaction of the Attorney General. An alien crewman who is transferred within the United States in accordance with this subsection shall not be regarded as having been landed in the United States.
|
||||
|
||||
(June 27, 1952, ch. 477, title II, ch. 6, § 254, 66 Stat. 221; Pub. L. 101–649, title V, § 543(a)(4), Nov. 29, 1990, 104 Stat. 5058; Pub. L. 102–232, title III, § 306(c)(4)(C), Dec. 12, 1991, 105 Stat. 1752; Pub. L. 104–208, div. C, title III, § 308(e)(1)(I), (2)(F), (12), Sept. 30, 1996, 110 Stat. 3009–619, 3009–620.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1996—Pub. L. 104–208 substituted “remove” for “deport” in subsecs. (a) and (b), “removal” for “deportation” wherever appearing in subsecs. (a) and (c), and “removed” for “deported” in subsec. (c). 1991—Subsec. (a). Pub. L. 102–232 substituted “Commissioner” for “collector of customs” before period at end of penultimate sentence. 1990—Subsec. (a). Pub. L. 101–649 substituted “Commissioner the sum of $3,000” for “collector of customs of the customs district in which the port of arrival is located or in which the failure to comply with the orders of the officer occurs the sum of $1,000” and “$500” for “$200”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1996 AmendmentAmendment by 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 1991 AmendmentAmendment by 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 AmendmentAmendment by Pub. L. 101–649 applicable to actions taken after Nov. 29, 1990, see section 543(c) of Pub. L. 101–649, set out as a note under section 1221 of this title.
|
||||
|
||||
Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.
|
||||
Some files were not shown because too many files have changed in this diff Show More
Reference in New Issue
Block a user