§ 1101. Definitions

(2) The giving, loaning, or promising of support or of money or any other thing of value for any purpose to any organization shall be presumed to constitute affiliation therewith; but nothing in this paragraph shall be construed as an exclusive definition of affiliation.

(3) Advocating the economic, international, and governmental doctrines of world communism means advocating the establishment of a totalitarian Communist dictatorship in any or all of the countries of the world through the medium of an internationally coordinated Communist movement.

(f) For the purposes of this chapter—

The fact that any person is not within any of the foregoing classes shall not preclude a finding that for other reasons such person is or was not of good moral character. In the case of an alien who makes a false statement or claim of citizenship, or who registers to vote or votes in a Federal, State, or local election (including an initiative, recall, or referendum) in violation of a lawful restriction of such registration or voting to citizens, if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of such statement, claim, or violation that he or she was a citizen, no finding that the alien is, or was, not of good moral character may be made based on it.

(1) a habitual drunkard;

(2) Repealed. Pub. L. 97–116, § 2(c)(1), Dec. 29, 1981, 95 Stat. 1611.

(3) a member of one or more of the classes of persons, whether inadmissible or not, described in paragraphs (2)(D), (6)(E), and (10)(A) of section 1182(a) of this title; or subparagraphs (A) and (B) of section 1182(a)(2) of this title and subparagraph (C) thereof of such section 77 So in original. The phrase “of such section” probably should not appear. (except as such paragraph relates to a single offense of simple possession of 30 grams or less of marihuana), if the offense described therein, for which such person was convicted or of which he admits the commission, was committed during such period;

(4) one whose income is derived principally from illegal gambling activities;

(5) one who has been convicted of two or more gambling offenses committed during such period;

(6) one who has given false testimony for the purpose of obtaining any benefits under this chapter;

(7) one who during such period has been confined, as a result of conviction, to a penal institution for an aggregate period of one hundred and eighty days or more, regardless of whether the offense, or offenses, for which he has been confined were committed within or without such period;

(8) one who at any time has been convicted of an aggravated felony (as defined in subsection (a)(43)); or

(9) one who at any time has engaged in conduct described in section 1182(a)(3)(E) of this title (relating to assistance in Nazi persecution, participation in genocide, or commission of acts of torture or extrajudicial killings) or 1182(a)(2)(G) of this title (relating to severe violations of religious freedom).

(g) For the purposes of this chapter any alien ordered deported or removed (whether before or after the enactment of this chapter) who has left the United States, shall be considered to have been deported or removed in pursuance of law, irrespective of the source from which the expenses of his transportation were defrayed or of the place to which he departed.

(h) For purposes of section 1182(a)(2)(E) of this title, the term “serious criminal offense” means—

(1) any felony;

(2) any crime of violence, as defined in section 16 of title 18; or

(3) any crime of reckless driving or of driving while intoxicated or under the influence of alcohol or of prohibited substances if such crime involves personal injury to another.

(i) With respect to each nonimmigrant alien described in subsection (a)(15)(T)(i)—

(1) the Secretary of Homeland Security, the Attorney General, and other Government officials, where appropriate, shall provide the alien with a referral to a nongovernmental organization that would advise the alien regarding the alien’s options while in the United States and the resources available to the alien; and

(2) the Secretary of Homeland Security shall, during the period the alien is in lawful temporary resident status under that subsection, grant the alien authorization to engage in employment in the United States and provide the alien with an “employment authorized” endorsement or other appropriate work permit.

(June 27, 1952, ch. 477, title I, § 101, 66 Stat. 166; Pub. L. 85–316, §§ 1, 2, Sept. 11, 1957, 71 Stat. 639; Pub. L. 85–508, § 22, July 7, 1958, 72 Stat. 351; Pub. L. 86–3, § 20(a), Mar. 18, 1959, 73 Stat. 13; Pub. L. 87–256, § 109(a), (b), Sept. 21, 1961, 75 Stat. 534; Pub. L. 87–301, §§ 1, 2, 7, Sept. 26, 1961, 75 Stat. 650, 653; Pub. L. 89–236, §§ 8, 24, Oct. 3, 1965, 79 Stat. 916, 922; Pub. L. 89–710, Nov. 2, 1966, 80 Stat. 1104; Pub. L. 91–225, § 1, Apr. 7, 1970, 84 Stat. 116; Pub. L. 94–155, Dec. 16, 1975, 89 Stat. 824; Pub. L. 94–484, title VI, § 601(b), (e), Oct. 12, 1976, 90 Stat. 2301, 2302; Pub. L. 94–571, § 7(a), Oct. 20, 1976, 90 Stat. 2706; Pub. L. 94–484, title VI, § 602(c), Oct. 12, 1976, as added Pub. L. 95–83, title III, § 307(q)(3), Aug. 1, 1977, 91 Stat. 395; Pub. L. 95–105, title I, § 109(b)(3), Aug. 17, 1977, 91 Stat. 847; Pub. L. 96–70, title III, § 3201(a), Sept. 27, 1979, 93 Stat. 496; Pub. L. 96–212, title II, § 201(a), Mar. 17, 1980, 94 Stat. 102; Pub. L. 97–116, §§ 2, 5(d)(1), 18(a), Dec. 29, 1981, 95 Stat. 1611, 1614, 1619; Priv. L. 98–47, § 3, Oct. 30, 1984, 98 Stat. 3435; Pub. L. 99–505, § 1, Oct. 21, 1986, 100 Stat. 1806; Pub. L. 99–603, title III, §§ 301(a), 312, 315(a), Nov. 6, 1986, 100 Stat. 3411, 3434, 3439; Pub. L. 99–653, §§ 2, 3, Nov. 14, 1986, 100 Stat. 3655; Pub. L. 100–459, title II, § 210(a), Oct. 1, 1988, 102 Stat. 2203; Pub. L. 100–525, §§ 2(o)(1), 8(b), 9(a), Oct. 24, 1988, 102 Stat. 2613, 2617, 2619; Pub. L. 100–690, title VII, § 7342, Nov. 18, 1988, 102 Stat. 4469; Pub. L. 101–162, title VI, § 611(a), Nov. 21, 1989, 103 Stat. 1038; Pub. L. 101–238, § 3(a), Dec. 18, 1989, 103 Stat. 2100; Pub. L. 101–246, title I, § 131(b), Feb. 16, 1990, 104 Stat. 31; Pub. L. 101–649, title I, §§ 123, 151(a), 153(a), 162(f)(2)(A), title II, §§ 203(c), 204(a), (c), 205(c)(1), (d), (e), 206(c), 207(a), 208, 209(a), title IV, § 407(a)(2), title V, §§ 501(a), 509(a), title VI, § 603(a)(1), Nov. 29, 1990, 104 Stat. 4995, 5004, 5005, 5012, 5018–5020, 5022, 5023, 5026, 5027, 5040, 5048, 5051, 5082; Pub. L. 102–110, § 2(a), Oct. 1, 1991, 105 Stat. 555; Pub. L. 102–232, title II, §§ 203(a), 205(a)–(c), 206(b), (c)(1), (d), 207(b), title III, §§ 302(e)(8)(A), 303(a)(5)(A), (7)(A), (14), 305(m)(1), 306(a)(1), 309(b)(1), (4), Dec. 12, 1991, 105 Stat. 1737, 1740, 1741, 1746–1748, 1750, 1751, 1758; Pub. L. 103–236, title I, § 162(h)(1), Apr. 30, 1994, 108 Stat. 407; Pub. L. 103–322, title XIII, § 130003(a), Sept. 13, 1994, 108 Stat. 2024; Pub. L. 103–337, div. C, title XXXVI, § 3605, Oct. 5, 1994, 108 Stat. 3113; Pub. L. 103–416, title II, §§ 201, 202, 214, 219(a), 222(a), Oct. 25, 1994, 108 Stat. 4310, 4311, 4314, 4316, 4320; Pub. L. 104–51, § 1, Nov. 15, 1995, 109 Stat. 467; Pub. L. 104–132, title IV, § 440(b), (e), Apr. 24, 1996, 110 Stat. 1277; Pub. L. 104–208, div. C, title I, § 104(a), title III, §§ 301(a), 308(d)(3)(A), (4)(A), (e)(3), (f)(1)(A), (B), 321(a), (b), 322(a)(1), (2)(A), 361(a), 371(a), title VI, §§ 601(a)(1), 625(a)(2), 671(a)(3)(B), (b)(5), (e)(2), Sept. 30, 1996, 110 Stat. 3009–555, 3009–575, 3009–617, 3009–620, 3009–621, 3009–627 to 3009–629, 3009–644, 3009–645, 3009–689, 3009–700, 3009–721 to 3009–723; Pub. L. 105–54, § 1(a), Oct. 6, 1997, 111 Stat. 1175; Pub. L. 105–119, title I, § 113, Nov. 26, 1997, 111 Stat. 2460; Pub. L. 105–277, div. C, title IV, § 421, div. G, title XXII, § 2222(e), Oct. 21, 1998, 112 Stat. 2681–657, 2681–819; Pub. L. 105–319, § 2(b)(1), (e)(2), formerly (d)(2), Oct. 30, 1998, 112 Stat. 3014, 3015, renumbered § 2(e)(2), Pub. L. 108–449, § 1(a)(3)(A), Dec. 10, 2004, 118 Stat. 3470; Pub. L. 106–95, § 2(a), (c), Nov. 12, 1999, 113 Stat. 1312, 1316; Pub. L. 106–139, § 1(a), (b)(1), Dec. 7, 1999, 113 Stat. 1696; Pub. L. 106–279, title III, § 302(a), (c), Oct. 6, 2000, 114 Stat. 838, 839; Pub. L. 106–386, div. A, § 107(e)(1), (4), div. B, title V, §§ 1503(a), § 1513(b), Oct. 28, 2000, 114 Stat. 1477, 1479, 1518, 1534; Pub. L. 106–395, title II, § 201(a)(1), Oct. 30, 2000, 114 Stat. 1633; Pub. L. 106–409, § 2(a), Nov. 1, 2000, 114 Stat. 1787; Pub. L. 106–536, § 1(a), Nov. 22, 2000, 114 Stat. 2560; Pub. L. 106–553, § 1(a)(2) [title XI, §§ 1102(a), 1103(a)], Dec. 21, 2000, 114 Stat. 2762, 2762A–142, 2762A–144; Pub. L. 107–125, § 2(b), Jan. 16, 2002, 115 Stat. 2403; Pub. L. 107–274, § 2(a), (b), Nov. 2, 2002, 116 Stat. 1923; Pub. L. 108–77, title IV, § 402(a)(1), Sept. 3, 2003, 117 Stat. 939; Pub. L. 108–99, § 1, Oct. 15, 2003, 117 Stat. 1176; Pub. L. 108–193, §§ 4(b)(1), (5), 8(a)(1), Dec. 19, 2003, 117 Stat. 2878, 2879, 2886; Pub. L. 108–449, § 1(a)(2)(B), (b)(1), Dec. 10, 2004, 118 Stat. 3469, 3470; Pub. L. 108–458, title V, § 5504, Dec. 17, 2004, 118 Stat. 3741; Pub. L. 109–13, div. B, title V, § 501(a), May 11, 2005, 119 Stat. 321; Pub. L. 109–90, title V, § 536, Oct. 18, 2005, 119 Stat. 2087; Pub. L. 109–162, title VIII, §§ 801, 805(d), 811, 822(c)(1), Jan. 5, 2006, 119 Stat. 3053, 3056, 3057, 3063; Pub. L. 109–248, title IV, § 402(b), July 27, 2006, 120 Stat. 623; Pub. L. 110–229, title VII, § 702(j)(1)–(3), May 8, 2008, 122 Stat. 866; Pub. L. 110–391, § 2(a), Oct. 10, 2008, 122 Stat. 4193; Pub. L. 110–457, title II, §§ 201(a), 235(d)(1), Dec. 23, 2008, 122 Stat. 5052, 5079; Pub. L. 111–9, § 1, Mar. 20, 2009, 123 Stat. 989; Pub. L. 111–83, title V, § 568(a)(1), Oct. 28, 2009, 123 Stat. 2186; Pub. L. 111–287, § 3, Nov. 30, 2010, 124 Stat. 3058; Pub. L. 111–306, § 1(a), Dec. 14, 2010, 124 Stat. 3280; Pub. L. 112–176, § 3, Sept. 28, 2012, 126 Stat. 1325; Pub. L. 113–4, title VIII, § 801, title XII, §§ 1221, 1222, Mar. 7, 2013, 127 Stat. 110, 144; Pub. L. 113–76, div. K, title VII, § 7083, Jan. 17, 2014, 128 Stat. 567; Pub. L. 117–31, title IV, § 403(a), July 30, 2021, 135 Stat. 318; Pub. L. 117–263, div. E, title LIX, § 5902(b), Dec. 23, 2022, 136 Stat. 3440; Pub. L. 117–360, § 2, Jan. 5, 2023, 136 Stat. 6292.)

Amendment of Subsection (a)(15)(H)(i)

For termination of amendment by section 107(c) of Pub. L. 108–77, see Effective and Termination Dates of 2003 Amendment note below.

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a), (b) (except par. (1)(G)(ii)), (c), and (e)–(g), 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 below and Tables.

The Headquarters Agreement with the United Nations (61 Stat. 758), referred to in subsec. (a)(15)(C)(ii), is set out as a note under section 287 of Title 22, Foreign Relations and Intercourse.

Section 1184(l) of this title, referred to in subsec. (a)(15)(F)(i), probably means the subsec. (l) of section 1184 which relates to nonimmigrant elementary and secondary school students and was added by Pub. L. 104–208, div. C, title VI, § 625(a)(1), Sept. 30, 1996, 110 Stat. 3009–699, and redesignated subsec. (m) of section 1184 by Pub. L. 106–386, div. A, § 107(e)(2)(A), Oct. 28, 2000, 114 Stat. 1478.

The International Organizations Immunities Act (59 Stat. 669), referred to in subsec. (a)(15)(G)(i), is act Dec. 29, 1945, ch. 652, title I, 59 Stat. 669, which is classified principally to subchapter XVIII (§ 288 et seq.) of chapter 7 of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 288 of Title 22 and Tables.

Subsection (p) of section 1184 of this title, referred to in subsec. (a)(15)(K), was redesignated as subsec. (r) of section 1184 by Pub. L. 108–193, § 8(a)(3), Dec. 19, 2003, 117 Stat. 2886.

Section 3(a) of the Selective Training and Service Act of 1940, as amended (54 Stat. 885; 55 Stat. 844), referred to in subsec. (a)(19), was classified to section 303 of the former Appendix to Title 50, War and National Defense, and was omitted from the Code as obsolete.

The Selective Service Act of 1948, referred to in subsec. (a)(19), was redesignated the Universal Military Training and Service Act by act June 19, 1951, 65 Stat. 75, and then redesignated the Military Selective Service Act of 1967 by act June 30, 1967, Pub. L. 90–40, 81 Stat. 100, and subsequently redesignated the Military Selective Service Act by Pub. L. 92–129, title I, § 101(a)(1), Sept. 28, 1971, 85 Stat. 348.

The Immigration Technical Corrections Act of 1988, referred to in subsec. (a)(27)(L)(iii), is Pub. L. 100–525, Oct. 24, 1988, 102 Stat. 2609. For complete classification of this Act to the Code, see Short Title of 1988 Amendments note set out below and Tables.

The Immigration and Nationality Technical Corrections Act of 1994, referred to in subsec. (a)(27)(L)(iii), is Pub. L. 103–416, Oct. 25, 1994, 108 Stat. 4305. For complete classification of this Act to the Code, see Short Title of 1994 Amendment note set out below and Tables.

The American Competitiveness and Workforce Improvement Act of 1998, referred to in subsec. (a)(27)(L)(iii), is Pub. L. 105–277, div. C, title IV, Oct. 21, 1998, 112 Stat. 2681–641. For complete classification of this Act to the Code, see Short Title of 1998 Amendment note set out below and Tables.

Section 902(d)(1)(B) of the Haitian Refugee Immigration Fairness Act of 1998, referred to in subsec. (a)(51)(E), is Pub. L. 105–277, div. A, § 101(h) [title IX, § 902(d)(1)(B)], which is set out as a note under section 1255 of this title.

Section 202(d)(1) of the Nicaraguan Adjustment and Central American Relief Act, referred to in subsec. (a)(51)(F), is section 202(d)(1) of Pub. L. 105–100, which is set out as a note under section 1255 of this title.

Section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, referred to in subsec. (a)(51)(G), is section 309 of div. C of Pub. L. 104–208, which is set out as a note under this section.

Section 1432 of this title, referred to in subsec. (c)(1), was repealed by Pub. L. 106–395, title I, § 103(a), Oct. 30, 2000, 114 Stat. 1632.

Codification

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

Amendments

2023—Subsec. (a)(15)(C). Pub. L. 117–360, § 2(a), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “an alien in immediate and continuous transit through the United States, or an alien who qualifies as a person entitled to pass in transit to and from the United Nations Headquarters District and foreign countries, under the provisions of paragraphs (3), (4), and (5) of section 11 of the Headquarters Agreement with the United Nations (61 Stat. 758);”.

Subsec. (a)(15)(D)(iii). Pub. L. 117–360, § 2(b), added cl. (iii).

Subsec. (a)(15)(E). Pub. L. 117–263, § 5902(b), inserted “(or, in the case of an alien who acquired the relevant nationality through a financial investment and who has not previously been granted status under this subparagraph, the foreign state of which the alien is a national and in which the alien has been domiciled for a continuous period of not less than 3 years at any point before applying for a nonimmigrant visa under this subparagraph)” before “, and the spouse”, substituted “such alien” for “him”, and substituted “the alien” for “he” wherever appearing.

2021—Subsec. (a)(27)(D). Pub. L. 117–31 substituted “an immigrant who—” for “an immigrant who”, designated remainder of existing provisions as cl. (i), inserted “or” at end, and added cl. (ii).

2014—Subsec. (b)(1)(F)(i). Pub. L. 113–76 substituted “who is at least 25 years of age, at least 1 of whom personally saw and observed the child before or during the adoption proceedings;” for “at least twenty-five years of age, who personally saw and observed the child prior to or during the adoption proceedings;”.

2013—Subsec. (a)(15)(T)(ii)(III). Pub. L. 113–4, § 1221, inserted “, or any adult or minor children of a derivative beneficiary of the alien, as” after “18 years of age”.

Subsec. (a)(15)(U)(iii). Pub. L. 113–4, §§ 801, 1222, inserted “stalking;” after “sexual exploitation;” and “fraud in foreign labor contracting (as defined in section 1351 of title 18);” after “perjury;”.

2012—Subsec. (a)(27)(C)(ii)(II), (III). Pub. L. 112–176 substituted “September 30, 2015” for “September 30, 2012”.

2010—Subsec. (a)(15)(F)(i). Pub. L. 111–306, § 1(a)(1), substituted “an accredited language” for “a language”.

Subsec. (a)(52). Pub. L. 111–306, § 1(a)(2), added par. (52).

Subsec. (b)(1)(G). Pub. L. 111–287 amended subpar. (G) generally. Prior to amendment, subpar. (G) provided that the term “child” includes a child who is migrating from certain foreign states to the United States to be adopted if the Attorney General is satisfied that certain criteria are met.

2009—Subsec. (a)(27)(C)(ii)(II), (III). Pub. L. 111–83 substituted “September 30, 2012,” for “September 30, 2009,”.

Pub. L. 111–9 substituted “September 30, 2009,” for “March 6, 2009,”.

2008—Subsec. (a)(15)(D)(ii). Pub. L. 110–229, § 702(j)(1), inserted “or the Commonwealth of the Northern Mariana Islands” after “Guam” in two places.

Subsec. (a)(15)(T)(i). Pub. L. 110–457, § 201(a)(1)(A), substituted “Security, in consultation with the Attorney General,” for “Security and the Attorney General jointly;” in introductory provisions.

Subsec. (a)(15)(T)(i)(I). Pub. L. 110–457, § 201(a)(1)(B), substituted semicolon for comma at end.

Subsec. (a)(15)(T)(i)(II). Pub. L. 110–457, § 201(a)(1)(C), inserted at end “including physical presence on account of the alien having been allowed entry into the United States for participation in investigative or judicial processes associated with an act or a perpetrator of trafficking;”.

Subsec. (a)(15)(T)(i)(III)(bb). Pub. L. 110–457, § 201(a)(1)(D)(i), (iii), added item (bb). Former item (bb) redesignated (cc).

Subsec. (a)(15)(T)(i)(III)(cc). Pub. L. 110–457, § 201(a)(1)(D)(ii), (iv), redesignated item (bb) as (cc) and substituted “; and” for “, and”.

Subsec. (a)(15)(T)(ii)(III). Pub. L. 110–457, § 201(a)(2), added subcl. (III).

Subsec. (a)(15)(T)(iii). Pub. L. 110–457, § 201(a)(1)(E), (3), struck out cl. (iii) which read as follows: “if the Secretary of Homeland Security, in his or her discretion and with the consultation of the Attorney General, determines that a trafficking victim, due to psychological or physical trauma, is unable to cooperate with a request for assistance described in clause (i)(III)(aa), the request is unreasonable.”

Subsec. (a)(27)(C)(ii)(II), (III). Pub. L. 110–391 substituted “March 6, 2009,” for “October 1, 2008,”.

Subsec. (a)(27)(J)(i). Pub. L. 110–457, § 235(d)(1)(A), substituted “State, or an individual or entity appointed by a State or juvenile court located in the United States, and whose reunification with 1 or both of the immigrant’s parents is not viable due to abuse, neglect, abandonment, or a similar basis found under State law;” for “State and who has been deemed eligible by that court for long-term foster care due to abuse, neglect, or abandonment;”.

Subsec. (a)(27)(J)(iii). Pub. L. 110–457, § 235(d)(1)(B)(i), substituted “the Secretary of Homeland Security consents to the grant of special immigrant juvenile status,” for “the Attorney General expressly consents to the dependency order serving as a precondition to the grant of special immigrant juvenile status;” in introductory provisions.

Subsec. (a)(27)(J)(iii)(I). Pub. L. 110–457, § 235(d)(1)(B)(ii), substituted “in the custody of the Secretary of Health and Human Services unless the Secretary of Health and Human Services specifically consents to such jurisdiction;” for “in the actual or constructive custody of the Attorney General unless the Attorney General specifically consents to such jurisdiction;”.

Subsec. (a)(36), (38). Pub. L. 110–229, § 702(j)(2), (3), substituted “the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands” for “and the Virgin Islands of the United States”.

2006—Subsec. (a)(15)(K)(i), (ii). Pub. L. 109–248, which directed insertion of “(other than a citizen described in section 1154(a)(1)(A)(viii)(I) of this title)” after “citizen of the United States” each place appearing in section 101(a)(15)(K), without specifying the Act to be amended, was executed to subsec. (a)(15)(K) of this section, which is section 101 of the Immigration and Nationality Act, to reflect the probable intent of Congress.

Subsec. (a)(15)(T)(i). Pub. L. 109–162, § 801(a)(1)(A), substituted “Secretary of Homeland Security, or in the case of subclause (III)(aa) the Secretary of Homeland Security and the Attorney General jointly;” for “Attorney General”.

Subsec. (a)(15)(T)(i)(III)(aa). Pub. L. 109–162, § 801(a)(1)(B)(i), inserted “Federal, State, or local” before “investigation”.

Pub. L. 109–162, § 801(a)(1)(B)(ii), which directed substitution of “or the investigation of crime where acts of trafficking are at least one central reason for the commission of that crime; or” for “, or”, was executed by making the substitution for “, or” the second time appearing to reflect the probable intent of Congress.

Subsec. (a)(15)(T)(i)(IV). Pub. L. 109–162, § 801(a)(1)(C), struck out “and” at end.

Subsec. (a)(15)(T)(ii). Pub. L. 109–162, § 801(a)(2), amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: “if the Attorney General considers it necessary to avoid extreme hardship—

“(I) in the case of an alien described in clause (i) who is under 21 years of age, the spouse, children, unmarried siblings under 18 years of age on the date on which such alien applied for status under such clause, and parents of such alien; and

“(II) in the case of an alien described in clause (i) who is 21 years of age or older, the spouse and children of such alien,

if accompanying, or following to join, the alien described in clause (i);”.

Subsec. (a)(15)(T)(iii). Pub. L. 109–162, § 801(a)(3), added cl. (iii).

Subsec. (a)(15)(U)(i). Pub. L. 109–162, § 801(b)(1), substituted “Secretary of Homeland Security” for “Attorney General”.

Subsec. (a)(15)(U)(ii). Pub. L. 109–162, § 801(b)(2), amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: “if the Attorney General considers it necessary to avoid extreme hardship to the spouse, the child, or, in the case of an alien child, the parent of the alien described in clause (i), the Attorney General may also grant status under this paragraph based upon certification of a government official listed in clause (i)(III) that an investigation or prosecution would be harmed without the assistance of the spouse, the child, or, in the case of an alien child, the parent of the alien; and”.

Subsec. (a)(51). Pub. L. 109–162, § 811, added par. (51).

Subsec. (b)(1)(E)(i). Pub. L. 109–162, § 805(d), inserted before colon “or if the child has been battered or subject to extreme cruelty by the adopting parent or by a family member of the adopting parent residing in the same household”.

Subsec. (f)(3). Pub. L. 109–162, § 822(c)(1), substituted “(10)(A)” for “(9)(A)”.

Subsec. (i)(1). Pub. L. 109–162, § 801(c)(1), substituted “Secretary of Homeland Security, the Attorney General,” for “Attorney General”.

Subsec. (i)(2). Pub. L. 109–162, § 801(c)(2), substituted “Secretary of Homeland Security” for “Attorney General”.

2005—Subsec. (a)(15)(E)(iii). Pub. L. 109–13 added cl. (iii).

Subsec. (a)(15)(H)(ii)(a). Pub. L. 109–90 substituted “, agriculture as defined in section 203(f) of title 29, and the pressing of apples for cider on a farm,” for “and agriculture as defined in section 203(f) of title 29,” and made technical amendment to reference in original act which appears in text as reference to section 3121(g) of title 26.

2004—Subsec. (a)(15)(Q). Pub. L. 108–449, § 1(b)(1), substituted “Secretary of Homeland Security” for “Attorney General” in two places, “citizen of the United Kingdom or the Republic of Ireland, 21 to 35 years of age, unemployed for not less than 12 months, and having a residence for not less than 18 months” for “35 years of age or younger having a residence”, and “24 months)” for “36 months)”.

Pub. L. 108–449, § 1(a)(2)(B), amended Pub. L. 105–319, § 2(d)(2). See 1998 Amendment note below.

Subsec. (f)(9). Pub. L. 108–458 added par. (9).

2003—Subsec. (a)(15)(H)(i). Pub. L. 108–77, §§ 107(c), 402(a)(1), temporarily substituted “1182(n)(1) of this title, or (b1) who is entitled to enter the United States under and in pursuance of the provisions of an agreement listed in section 1184(g)(8)(A) of this title, who is engaged in a specialty occupation described in section 1184(i)(3) of this title, and with respect to whom the Secretary of Labor determines and certifies to the Secretary of Homeland Security and the Secretary of State that the intending employer has filed with the Secretary of Labor an attestation under section 1182(t)(1) of this title, or (c)” for “1182(n)(1) of this title, or (c)”. See Effective and Termination Dates of 2003 Amendment note below.

Subsec. (a)(15)(T). Pub. L. 108–193, § 8(a)(1)(A), (B), substituted “1184(o) of this title,” for “1184(n) of this title,” and realigned margins.

Subsec. (a)(15)(T)(i)(III)(bb). Pub. L. 108–193, § 4(b)(1)(A), substituted “18 years of age,” for “15 years of age,”.

Subsec. (a)(15)(T)(ii)(I). Pub. L. 108–193, § 4(b)(1)(B), inserted “unmarried siblings under 18 years of age on the date on which such alien applied for status under such clause,” before “and parents”.

Subsec. (a)(15)(U). Pub. L. 108–193, § 8(a)(1)(A), (C), substituted “1184(p) of this title,” for “1184(o) of this title,” in cl. (i) and realigned margins.

Subsec. (a)(15)(V). Pub. L. 108–193, § 8(a)(1)(D), substituted “1184(q) of this title,” for “1184(o) of this title,” in introductory provisions.

Subsec. (a)(27)(C)(ii)(II), (III). Pub. L. 108–99 substituted “2008,” for “2003,”.

Subsec. (a)(43)(K)(iii). Pub. L. 108–193, § 4(b)(5), amended cl. (iii) generally. Prior to amendment, cl. (iii) read as follows: “is described in section 1581, 1582, 1583, 1584, 1585, or 1588 of title 18 (relating to peonage, slavery, and involuntary servitude);”.

2002—Subsec. (a)(15)(F)(ii), (iii). Pub. L. 107–274, § 2(a), added cls. (ii) and (iii) and struck out former cl. (ii) which read as follows: “and (ii) the alien spouse and minor children of any such alien if accompanying him or following to join him;”.

Subsec. (a)(15)(L). Pub. L. 107–125 inserted “subject to section 1184(c)(2) of this title,” before “an alien who”.

Subsec. (a)(15)(M)(ii), (iii). Pub. L. 107–274, § 2(b), added cls. (ii) and (iii) and struck out former cl. (ii) which read as follows: “and (ii) the alien spouse and minor children of any such alien if accompanying him or following to join him;”.

2000—Subsec. (a)(15)(K). Pub. L. 106–553, § 1(a)(2) [title XI, § 1103(a)], amended subpar. (K) generally. Prior to amendment, subpar. (K) read as follows: “an alien who is the fiancée or fiancé of a citizen of the United States and who seeks to enter the United States solely to conclude a valid marriage with the petitioner within ninety days after admission, and the minor children of such fiancée or fiancé accompanying him or following to join him;”.

Subsec. (a)(15)(T). Pub. L. 106–386, § 107(e)(1), added subpar. (T).

Subsec. (a)(15)(U). Pub. L. 106–386, § 1513(b), added subpar. (U).

Subsec. (a)(15)(V). Pub. L. 106–553, § 1(a)(2) [title XI, § 1102(a)], added subpar. (V).

Subsec. (a)(27)(C)(ii)(II), (III). Pub. L. 106–409 substituted “2003,” for “2000,”.

Subsec. (a)(27)(M). Pub. L. 106–536 added subpar. (M).

Subsec. (a)(50). Pub. L. 106–386, § 1503(a), added par. (50).

Subsec. (b)(1)(G). Pub. L. 106–279, § 302(a), added subpar. (G).

Subsec. (b)(2). Pub. L. 106–279, § 302(c), inserted “and paragraph (1)(G)(i)” after “second proviso therein)”.

Subsec. (f). Pub. L. 106–395 inserted at end: “In the case of an alien who makes a false statement or claim of citizenship, or who registers to vote or votes in a Federal, State, or local election (including an initiative, recall, or referendum) in violation of a lawful restriction of such registration or voting to citizens, if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of such statement, claim, or violation that he or she was a citizen, no finding that the alien is, or was, not of good moral character may be made based on it.”

Subsec. (i). Pub. L. 106–386, § 107(e)(4), added subsec. (i).

1999—Subsec. (a)(15)(H)(i)(a). Pub. L. 106–95, § 2(c), struck out subcl. (a) which read as follows: “who is coming temporarily to the United States to perform services as a registered nurse, who meets the qualifications described in section 1182(m)(1) of this title, and with respect to whom the Secretary of Labor determines and certifies to the Attorney General that an unexpired attestation is on file and in effect under section 1182(m)(2) of this title for each facility (which facility shall include the petitioner and each worksite, other than a private household worksite, if the worksite is not the alien’s employer or controlled by the employer) for which the alien will perform the services, or”.

Subsec. (a)(15)(H)(i)(c). Pub. L. 106–95, § 2(a), added subcl. (c).

Subsec. (b)(1)(E). Pub. L. 106–139, § 1(a)(1), designated existing provisions as cl. (i) and added cl. (ii).

Subsec. (b)(1)(F). Pub. L. 106–139, § 1(a)(2), designated existing provisions as cl. (i), substituted “; or” for period at end, and added cl. (ii).

Subsec. (c)(1). Pub. L. 106–139, § 1(b)(1), substituted “16 years (except to the extent that the child is described in subparagraph (E)(ii) or (F)(ii) of subsection (b)(1)),” for “sixteen years,”.

1998—Subsec. (a)(9). Pub. L. 105–277, § 2222(e), inserted “or employee” after “other officer” and “or, when used in subchapter III, for the purpose of adjudicating nationality” before period at end.

Subsec. (a)(15)(N). Pub. L. 105–277, § 421(b), inserted “(or under analogous authority under paragraph (27)(L))” after “(27)(I)(i)” in cl. (i) and after “(27)(I)” in cl. (ii).

Subsec. (a)(15)(Q). Pub. L. 105–319, § 2(e)(2), formerly § 2(d)(2), renumbered § 2(e)(2) and amended Pub. L. 108–449, § 1(a)(2)(B), (3)(A), struck out cl. (i) designation before “an alien having a residence” and struck out at end: “or (ii)(I) an alien citizen of the United Kingdom or the Republic of Ireland, 21 to 35 years of age, unemployed for not less than 12 months, and having a residence for not less than 18 months in Northern Ireland, or the counties of Louth, Monaghan, Cavan, Leitrim, Sligo, and Donegal within the Republic of Ireland, which the alien has no intention of abandoning who is coming temporarily (for a period not to exceed 24 months) to the United States as a participant in a cultural and training program approved by the Secretary of State and the Secretary of Homeland Security under section 2(a) of the Irish Peace Process Cultural and Training Program Act of 1998 for the purpose of providing practical training, employment, and the experience of coexistence and conflict resolution in a diverse society, and (II) the alien spouse and minor children of any such alien if accompanying the alien or following to join the alien;”.

Pub. L. 105–319, § 2(b)(1), designated existing provisions as cl. (i) and added cl. (ii).

Subsec. (a)(27)(L). Pub. L. 105–277, § 421(a), added subpar. (L).

1997—Subsec. (a)(27)(C)(ii)(II), (III). Pub. L. 105–54 substituted “2000” for “1997”.

Subsec. (a)(27)(J). Pub. L. 105–119 amended subpar. (J) generally. Prior to amendment, subpar. (J) read as follows: “an immigrant (i) who has been declared dependent on a juvenile court located in the United States or whom such a court has legally committed to, or placed under the custody of, an agency or department of a State and who has been deemed eligible by that court for long-term foster care, and (ii) for whom it has been determined in administrative or judicial proceedings that it would not be in the alien’s best interest to be returned to the alien’s or parent’s previous country of nationality or country of last habitual residence; except that no natural parent or prior adoptive parent of any alien provided special immigrant status under this subparagraph shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this chapter; or”.

1996—Subsec. (a)(6). Pub. L. 104–208, § 104(a), inserted at end “Such regulations shall provide that (A) each such document include a biometric identifier (such as the fingerprint or handprint of the alien) that is machine readable and (B) an alien presenting a border crossing identification card is not permitted to cross over the border into the United States unless the biometric identifier contained on the card matches the appropriate biometric characteristic of the alien.”

Subsec. (a)(13). Pub. L. 104–208, § 301(a), amended par. (13) generally. Prior to amendment, par. (13) read as follows: “The term ‘entry’ means any coming of an alien into the United States, from a foreign port or place or from an outlying possession, whether voluntarily or otherwise, except that an alien having a lawful permanent residence in the United States shall not be regarded as making an entry into the United States for the purposes of the immigration laws if the alien proves to the satisfaction of the Attorney General that his departure to a foreign port or place or to an outlying possession was not intended or reasonably to be expected by him or his presence in a foreign port or place or in an outlying possession was not voluntary: Provided, That no person whose departure from the United States was occasioned by deportation proceedings, extradition, or other legal process shall be held to be entitled to such exception.”

Subsec. (a)(15)(F)(i). Pub. L. 104–208, § 625(a)(2), inserted “consistent with section 1184(l) of this title” after “such a course of study”.

Subsec. (a)(15)(K). Pub. L. 104–208, § 308(f)(1)(A), substituted “admission” for “entry”.

Subsec. (a)(15)(S). Pub. L. 104–208, § 671(a)(3)(B), substituted “section 1184(k)” for “section 1184(j)” in introductory provisions.

Subsec. (a)(17). Pub. L. 104–208, § 308(d)(4)(A), substituted “expulsion, or removal” for “or expulsion”.

Subsec. (a)(30). Pub. L. 104–208, § 308(f)(1)(B), substituted “admission” for “entry”.

Subsec. (a)(42). Pub. L. 104–208, § 601(a)(1), inserted at end “For purposes of determinations under this chapter, a person who has been forced to abort a pregnancy or to undergo involuntary sterilization, or who has been persecuted for failure or refusal to undergo such a procedure or for other resistance to a coercive population control program, shall be deemed to have been persecuted on account of political opinion, and a person who has a well founded fear that he or she will be forced to undergo such a procedure or subject to persecution for such failure, refusal, or resistance shall be deemed to have a well founded fear of persecution on account of political opinion.”

Subsec. (a)(43). Pub. L. 104–208, § 321(b), inserted at end of concluding provisions “Notwithstanding any other provision of law (including any effective date), the term applies regardless of whether the conviction was entered before, on, or after September 30, 1996.”

Subsec. (a)(43)(A). Pub. L. 104–208, § 321(a)(1), inserted “, rape, or sexual abuse of a minor” after “murder”.

Subsec. (a)(43)(D). Pub. L. 104–208, § 321(a)(2), substituted “$10,000” for “$100,000”.

Subsec. (a)(43)(F). Pub. L. 104–208, § 322(a)(2)(A), struck out “imposed (regardless of any suspension of imprisonment)” after “term of imprisonment”.

Pub. L. 104–208, § 321(a)(3), substituted “at least one year” for “is at least 5 years”.

Subsec. (a)(43)(G). Pub. L. 104–208, § 322(a)(2)(A), which directed amendment of subpar. (G) by striking out “imposed (regardless of any suspension of imprisonment)”, was executed by striking out “imposed (regardless of any suspension of such imprisonment)” after “term of imprisonment” to reflect the probable intent of Congress.

Pub. L. 104–208, § 321(a)(3), substituted “at least one year” for “is at least 5 years”.

Subsec. (a)(43)(J). Pub. L. 104–208, § 321(a)(4), substituted “sentence of one year imprisonment” for “sentence of 5 years’ imprisonment”.

Pub. L. 104–132, § 440(e)(1), inserted “, or an offense described in section 1084 (if it is a second or subsequent offense) or 1955 of that title (relating to gambling offenses),” after “corrupt organizations)”.

Subsec. (a)(43)(K)(i). Pub. L. 104–132, § 440(e)(2)(A), struck out “or” at end.

Subsec. (a)(43)(K)(ii). Pub. L. 104–208, § 671(b)(5), struck out comma after “1588”.

Pub. L. 104–208, § 321(a)(5), inserted “if committed” before “for commercial advantage”.

Pub. L. 104–132, § 440(e)(2)(C), added cl. (ii). Former cl. (ii) redesignated (iii).

Subsec. (a)(43)(K)(iii). Pub. L. 104–132, § 440(e)(2)(B), redesignated cl. (ii) as (iii).

Subsec. (a)(43)(L)(iii). Pub. L. 104–208, § 321(a)(6), added cl. (iii).

Subsec. (a)(43)(M). Pub. L. 104–208, § 321(a)(7), substituted “$10,000” for “$200,000” in cls. (i) and (ii).

Subsec. (a)(43)(N). Pub. L. 104–208, § 322(a)(2)(A), which directed amendment of subpar. (N) by striking “imposed (regardless of any suspension of imprisonment)”, could not be executed because that phrase did not appear subsequent to amendment by Pub. L. 104–208, § 321(a)(8). See below.

Pub. L. 104–208, § 321(a)(8), substituted “, except in the case of a first offense for which the alien has affirmatively shown that the alien committed the offense for the purpose of assisting, abetting, or aiding only the alien’s spouse, child, or parent (and no other individual) to violate a provision of this chapter” for “for which the term of imprisonment imposed (regardless of any suspension of imprisonment) at least one year;”.

Pub. L. 104–208, § 321(a)(3), substituted “at least one year” for “is at least 5 years”.

Pub. L. 104–132, § 440(e)(3), amended subpar. (N) generally. Prior to amendment, subpar. (N) read as follows: “an offense described in section 274(a)(1) of title 18, United States Code (relating to alien smuggling) for the purpose of commercial advantage;”.

Subsec. (a)(43)(O). Pub. L. 104–132, § 440(e)(7), added subpar. (O).

Pub. L. 104–132, § 440(e)(6), redesignated subpar. (O) as (P).

Pub. L. 104–132, § 440(e)(4), amended subpar. (O) generally. Prior to amendment subpar. (O) read as follows: “an offense described in section 1546(a) of title 18 (relating to document fraud) which constitutes trafficking in the documents described in such section for which the term of imprisonment imposed (regardless of any suspicion of such imprisonment) is at least 5 years;”.

Subsec. (a)(43)(P). Pub. L. 104–208, § 322(a)(2)(A), which directed amendment of subpar. (P) by striking out “imposed (regardless of any suspension of imprisonment)”, was executed by striking out “imposed (regardless of any suspension of such imprisonment)” after “term of imprisonment” to reflect the probable intent of Congress.

Pub. L. 104–208, § 321(a)(9), substituted “12 months, except in the case of a first offense for which the alien has affirmatively shown that the alien committed the offense for the purpose of assisting, abetting, or aiding only the alien’s spouse, child, or parent (and no other individual) to violate a provision of this chapter” for “18 months”.

Pub. L. 104–208, § 321(a)(3), which directed amendment of subpar. (P) by substituting “at least one year” for “is at least 5 years”, could not be executed because “is at least 5 years” did not appear subsequent to amendments by Pub. L. 104–132, § 440(e)(4), (6). See above.

Pub. L. 104–132, § 440(e)(6), redesignated subpar. (O) as (P). Former subpar. (P) redesignated (Q).

Pub. L. 104–132, § 440(e)(5), substituted “5 years or more;” for “15 years or more; and”.

Subsec. (a)(43)(Q). Pub. L. 104–132, § 440(e)(6), redesignated subpar. (P) as (Q). Former subpar. (Q) redesignated (U).

Subsec. (a)(43)(R). Pub. L. 104–208, § 321(a)(10), substituted “for which the term of imprisonment is at least one year” for “for which a sentence of 5 years’ imprisonment or more may be imposed”.

Pub. L. 104–132, § 440(e)(8), added subpar. (R).

Subsec. (a)(43)(S). Pub. L. 104–208, § 321(a)(11), substituted “for which the term of imprisonment is at least one year” for “for which a sentence of 5 years’ imprisonment or more may be imposed”.

Pub. L. 104–132, § 440(e)(8), added subpar. (S).

Subsec. (a)(43)(T). Pub. L. 104–132, § 440(e)(8), added subpar. (T).

Subsec. (a)(43)(U). Pub. L. 104–132, § 440(e)(6), redesignated subpar. (Q) as (U).

Subsec. (a)(47). Pub. L. 104–132, § 440(b), added par. (47).

Subsec. (a)(48). Pub. L. 104–208, § 322(a)(1), added par. (48).

Subsec. (a)(49). Pub. L. 104–208, § 361(a), added par. (49).

Subsec. (b)(4). Pub. L. 104–208, § 371(a), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “The term ‘special inquiry officer’ means any immigration officer who the Attorney General deems specially qualified to conduct specified classes of proceedings, in whole or in part, required by this chapter to be conducted by or before a special inquiry officer and who is designated and selected by the Attorney General, individually or by regulation, to conduct such proceedings. Such special inquiry officer shall be subject to such supervision and shall perform such duties, not inconsistent with this chapter, as the Attorney General shall prescribe.”

Subsec. (c)(1). Pub. L. 104–208, § 671(e)(2), substituted “and 1432” for “, 1432, and 1433”.

Subsec. (f)(3). Pub. L. 104–208, § 308(d)(3)(A), substituted “inadmissible” for “excludable”.

Subsec. (g). Pub. L. 104–208, § 308(e)(3), substituted “deported or removed” for “deported” in two places.

1995—Subsec. (b)(1)(A). Pub. L. 104–51, § 1(1)(A), substituted “child born in wedlock” for “legitimate child”.

Subsec. (b)(1)(D). Pub. L. 104–51, § 1(1)(B), substituted “a child born out of wedlock” for “an illegitimate child”.

Subsec. (b)(2). Pub. L. 104–51, § 1(2) substituted “a child born out of wedlock” for “an illegitimate child”.

1994—Subsec. (a)(1). Pub. L. 103–236 substituted “official designated by the Secretary of State pursuant to section 1104(b) of this title” for “Assistant Secretary of State for Consular Affairs”.

Subsec. (a)(15)(S). Pub. L. 103–322 added subpar. (S).

Subsec. (a)(27)(C)(ii)(II), (III). Pub. L. 103–416, § 214, substituted “1997,” for “1994,”.

Subsec. (a)(27)(D). Pub. L. 103–416, § 201, inserted “or of the American Institute in Taiwan,” after “Government abroad,” and “(or, in the case of the American Institute in Taiwan, the Director thereof)” after “Service establishment”.

Subsec. (a)(27)(F)(ii). Pub. L. 103–337 inserted “or continues to be employed by the United States Government in an area of the former Canal Zone” after “employment”.

Subsec. (a)(27)(I)(iii)(II). Pub. L. 103–416, § 202, added subcl. (II) and struck out former subcl. (II) which read as follows: “files a petition for status under this subparagraph before January 1, 1993, and no later than six months after the date of such retirement or six months after October 24, 1988, whichever is later; or”.

Subsec. (a)(27)(J)(i). Pub. L. 103–416, § 219(a), substituted “or whom such a court has legally committed to, or placed under the custody of, an agency or department of a State and who has” for “and has” before “been deemed”.

Subsec. (a)(43). Pub. L. 103–416, § 222(a), amended par. (43) generally. Prior to amendment, par. (43) read as follows: “The term ‘aggravated felony’ means murder, any illicit trafficking in any controlled substance (as defined in section 802 of title 21), including any drug trafficking crime as defined in section 924(c)(2) of title 18, or any illicit trafficking in any firearms or destructive devices as defined in section 921 of such title, any offense described in section 1956 of title 18 (relating to laundering of monetary instruments), or any crime of violence (as defined in section 16 of title 18, not including a purely political offense) for which the term of imprisonment imposed (regardless of any suspension of such imprisonment) is at least 5 years, or any attempt or conspiracy to commit any such act. Such term applies to offenses described in the previous sentence whether in violation of Federal or State law and also applies to offenses described in the previous sentence in violation of foreign law for which the term of imprisonment was completed within the previous 15 years.”

1991—Subsec. (a)(15)(D)(i). Pub. L. 102–232, § 309(b)(1), inserted a comma after “States)”.

Subsec. (a)(15)(H)(i)(b). Pub. L. 102–232, § 303(a)(7)(A), struck out “, and had approved by,” after “has filed with”.

Pub. L. 102–232, § 303(a)(5)(A), inserted “subject to section 1182(j)(2) of this title,” after “or (b)”.

Pub. L. 102–232, § 207(b), inserted “or as a fashion model” after “section 1184(i)(1) of this title” and “or, in the case of a fashion model, is of distinguished merit and ability” after “section 1184(i)(2) of this title”.

Subsec. (a)(15)(O)(i). Pub. L. 102–232, § 205(b), struck out before semicolon at end “, but only if the Attorney General determines that the alien’s entry into the United States will substantially benefit prospectively the United States”.

Subsec. (a)(15)(O)(ii)(III)(b). Pub. L. 102–232, § 205(c), substituted “significant production (including pre- and post-production work)” for “significant principal photography”.

Subsec. (a)(15)(P)(i). Pub. L. 102–232, § 203(a), amended cl. (i) generally. Prior to amendment, cl. (i) read as follows:

“(I) performs as an athlete, individually or as part of a group or team, at an internationally recognized level of performance, or performs as part of an entertainment group that has been recognized internationally as being outstanding in the discipline for a sustained and substantial period of time and has had a sustained and substantial relationship with that group over a period of at least 1 year and provides functions integral to the performance of the group, and

“(II) seeks to enter the United States temporarily and solely for the purpose of performing as such an athlete or entertainer with respect to a specific athletic competition or performance;”.

Subsec. (a)(15)(P)(ii)(II). Pub. L. 102–232, § 206(b), (c)(1), inserted “or organizations” after “and an organization” and struck out before semicolon at end “, between the United States and the foreign states involved”.

Subsec. (a)(15)(P)(iii)(II). Pub. L. 102–232, § 206(d), substituted “to perform, teach, or coach” for “for the purpose of performing” and inserted “commercial or noncommercial” before “program”.

Subsec. (a)(15)(Q). Pub. L. 102–232, § 303(a)(14), substituted “approved” for “designated”.

Subsec. (a)(24). Pub. L. 102–232, § 305(m)(1), struck out par. (24) which defined “naturalization court”.

Subsec. (a)(27)(I)(ii)(II), (iii)(II). Pub. L. 102–232, § 302(e)(8)(A), substituted “files a petition for status” for “applies for a visa or adjustment of status”.

Subsec. (a)(27)(K). Pub. L. 102–110 added subpar. (K).

Subsec. (a)(43). Pub. L. 102–232, § 306(a)(1), struck out comma before period at end of first sentence.

Subsec. (a)(46). Pub. L. 102–232, § 205(a), added par. (46).

Subsec. (c)(1). Pub. L. 102–232, § 309(b)(4), struck out reference to section 1434.

1990—Subsec. (a)(15)(D)(i). Pub. L. 101–649, § 203(c), substituted “a capacity” for “any capacity” and inserted “, as defined in section 1288(a) of this title” after “on board a vessel”.

Subsec. (a)(15)(E)(i). Pub. L. 101–649, § 204(a), inserted “, including trade in services or trade in technology” after “substantial trade”.

Subsec. (a)(15)(H). Pub. L. 101–649, § 205(e)(1), struck out “having a residence in a foreign country which he has no intention of abandoning” after “an alien”.

Subsec. (a)(15)(H)(i)(a). Pub. L. 101–649, § 162(f)(2)(A), substituted “for each facility (which facility shall include the petitioner and each worksite, other than a private household worksite, if the worksite is not the alien’s employer or controlled by the employer) for which the alien will perform the services, or” for “for the facility for which the alien will perform the services, or”.

Subsec. (a)(15)(H)(i)(b). Pub. L. 101–649, § 205(c)(1), substituted “who is coming temporarily to the United States to perform services (other than services described in subclause (a) during the period in which such subclause applies and other than services described in subclause (ii)(a) or in subparagraph (O) or (P)) in a specialty occupation described in section 1184(i)(1) of this title, who meets the requirements for the occupation specified in section 1184(i)(2) of this title, and with respect to whom the Secretary of Labor determines and certifies to the Attorney General that the intending employer has filed with, and had approved by, the Secretary an application under section 1182(n)(1) of this title” for “who is of distinguished merit and ability and who is coming temporarily to the United States to perform services (other than services as a registered nurse) of an exceptional nature requiring such merit and ability, and who, in the case of a graduate of a medical school coming to the United States to perform services as a member of the medical profession, is coming pursuant to an invitation from a public or nonprofit private educational or research institution or agency in the United States to teach or conduct research, or both, at or for such institution or agency”.

Subsec. (a)(15)(H)(ii). Pub. L. 101–649, § 205(e)(2), (3), substituted “(a) having a residence in a foreign country which he has no intention of abandoning who is coming temporarily to the United States” for “who is coming temporarily to the United States (a)”, and in subcl. (b) inserted “having a residence in a foreign country which he has no intention of abandoning who is coming temporarily to the United States” after “(b)”.

Subsec. (a)(15)(H)(iii). Pub. L. 101–649, § 205(e)(4), inserted “having a residence in a foreign country which he has no intention of abandoning” after “(iii)”.

Pub. L. 101–649, § 205(d), inserted “, in a training program that is not designed primarily to provide productive employment” before semicolon at end.

Subsec. (a)(15)(L). Pub. L. 101–649, § 206(c), substituted “within 3 years preceding” for “immediately preceding”.

Subsec. (a)(15)(O), (P). Pub. L. 101–649, § 207(a), added subpars. (O) and (P).

Subsec. (a)(15)(Q). Pub. L. 101–649, § 208, added subpar. (Q).

Subsec. (a)(15)(R). Pub. L. 101–649, § 209(a), added subpar. (R).

Subsec. (a)(27)(C). Pub. L. 101–649, § 151(a), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “(i) an immigrant who continuously for at least two years immediately preceding the time of his application for admission to the United States has been, and who seeks to enter the United States solely for the purpose of carrying on the vocation of minister of a religious denomination, and whose services are needed by such religious denomination having a bona fide organization in the United States; and (ii) the spouse or the child of any such immigrant, if accompanying or following to join him;”.

Subsec. (a)(27)(J). Pub. L. 101–649, § 153(a), added subpar. (J).

Subsec. (a)(36). Pub. L. 101–649, § 407(a)(2), struck out “(except as used in section 1421(a) of this title)” after “includes”.

Subsec. (a)(43). Pub. L. 101–649, § 501(a)(6), inserted “and also applies to offenses described in the previous sentence in violation of foreign law for which the term of imprisonment was completed within the previous 15 years” after “Federal or State law”.

Pub. L. 101–649, § 501(a)(5), inserted at end “Such term applies to offenses described in the previous sentence whether in violation of Federal or State law.”

Pub. L. 101–649, § 501(a)(4), struck out “committed within the United States” after “to commit any such act,”.

Pub. L. 101–649, § 501(a)(3), inserted “any offense described in section 1956 of title 18 (relating to laundering of monetary instruments), or any crime of violence (as defined in section 16 of title 18, not including a purely political offense) for which the term of imprisonment imposed (regardless of any suspension of such imprisonment) is at least 5 years,” after “section 921 of such title,”.

Pub. L. 101–649, § 501(a)(2), inserted “any illicit trafficking in any controlled substance (as defined in section 802 of title 21), including” after “murder,”.

Pub. L. 101–649, § 501(a)(1), aligned margin of par. (43).

Subsec. (a)(44). Pub. L. 101–649, § 123, added par. (44).

Subsec. (a)(45). Pub. L. 101–649, § 204(c), added par. (45).

Subsec. (f)(3). Pub. L. 101–649, § 603(a)(1)(A), substituted “paragraphs (2)(D), (6)(E), and (9)(A)” for “paragraphs (11), (12), and (31)”.

Pub. L. 101–649, § 603(a)(1)(B), substituted “subparagraphs (A) and (B) of section 1182(a)(2) of this title and subparagraph (C) thereof” for “paragraphs (9) and (10) of section 1182(a) of this title and paragraph (23)”.

Subsec. (f)(8). Pub. L. 101–649, § 509(a), substituted “an aggravated felony (as defined in subsection (a)(43))” for “the crime of murder”.

Subsec. (h). Pub. L. 101–649, § 603(a)(1)(C), substituted “1182(a)(2)(E) of this title” for “1182(a)(34) of this title”.

Pub. L. 101–246 added subsec. (h).

1989—Subsec. (a)(15)(H)(i). Pub. L. 101–238 added subcl. (a), designated existing provisions as subcl. (b), and inserted “(other than services as a registered nurse)” after “to perform services”.

Subsec. (b)(2). Pub. L. 101–162 inserted before period at end “, except that, for purposes of paragraph (1)(F) (other than the second proviso therein) in the case of an illegitimate child described in paragraph (1)(D) (and not described in paragraph (1)(C)), the term ‘parent’ does not include the natural father of the child if the father has disappeared or abandoned or deserted the child or if the father has in writing irrevocably released the child for emigration and adoption”.

1988—Subsec. (a)(15)(J). Pub. L. 100–525, § 9(a)(1), substituted “Director of the United States Information Agency” for “Secretary of State”.

Subsec. (a)(27)(I)(i)(II), (ii)(II), (iii)(II). Pub. L. 100–525, § 2(o)(1), substituted “October 24, 1988” for “November 6, 1986” and “applies for a visa or adjustment of status” for “applies for admission”.

Subsec. (a)(38). Pub. L. 100–525, § 9(a)(2), struck out “For the purpose of issuing certificates of citizenship to persons who are citizens of the United States, the term ‘United States’ as used in section 1452 of this title includes the Canal Zone.”

Subsec. (a)(43). Pub. L. 100–690 added par. (43).

Subsec. (b)(2). Pub. L. 100–459, temporarily inserted before period at end “, except that, for purposes of paragraph (1)(F) in the case of an illegitimate child described in paragraph (1)(D) (and not described in paragraph (1)(C)), the term ‘parent’ does not include the natural father of the child if the father has disappeared or abandoned or deserted the child or if the father has in writing irrevocably released the child for emigration and adoption”. See Effective and Termination Dates of 1988 Amendments note below.

Subsec. (c)(1). Pub. L. 100–525, § 8(b), repealed Pub. L. 99–653, § 3. See 1986 Amendment note below.

Subsec. (d). Pub. L. 100–525, § 9(a)(3), struck out subsec. (d) defining “veteran”, “Spanish-American War”, “World War I”, “World War II”, and “Korean hostilities” as those terms were used in part III of subchapter III of this chapter.

1986—Subsec. (a)(15)(D). Pub. L. 99–505 designated existing provisions as cl. (i) and added cl. (ii).

Subsec. (a)(15)(H). Pub. L. 99–603, § 301(a), designated existing provisions of cl. (ii) as subcl. (b) and added subcl. (a) relating to persons performing agricultural labor or services as defined by the Secretary of Labor in regulations and including agricultural labor as defined in section 3121(g) of title 26 and agriculture as defined in section 203(f) of title 29 of a temporary or seasonal nature.

Subsec. (a)(15)(N). Pub. L. 99–603, § 312(b), added subpar. (N).

Subsec. (a)(27)(I). Pub. L. 99–603, § 312(a), added subpar. (I).

Subsec. (b)(1)(D). Pub. L. 99–603, § 315(a), inserted “or to its natural father if the father has or had a bona fide parent-child relationship with the person”.

Subsec. (b)(1)(E). Pub. L. 99–653, § 2, struck out “thereafter” after “the child has”.

Subsec. (c)(1). Pub. L. 99–653, § 3, which struck out par. (1) defining “child”, was repealed by Pub. L. 100–525, § 8(b), and such par. (1) was revived as of Nov. 14, 1986, see Repeal and Revival note below.

1984—Subsec. (a)(9). Priv. L. 98–47 struck out provisions which directed that in Canal Zone and outlying possessions of the United States “consular officer” meant an officer designated by the Governor of the Canal Zone, or the governors of the outlying possessions for purposes of issuing immigrant or nonimmigrant visas under this chapter.

1981—Subsec. (a)(15)(F). Pub. L. 97–116, §§ 2(a)(1), 18(a)(1), substituted in cl. (i) “college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or in a language training program” for “institution of learning or other recognized place of study”, and “Secretary of Education” for “Office of Education of the United States”.

Subsec. (a)(15)(H), (J), (K), (L). Pub. L. 97–116, § 18(a)(2), substituted a semicolon for a period at end of subpars. (H), (J), (K), and (L) and inserted “or” at end of subpar. (L).

Subsec. (a)(15)(M). Pub. L. 97–116, § 2(a)(2), added subpar. (M).

Subsec. (a)(27)(H). Pub. L. 97–116, § 5(d)(1), added subpar. (H).

Subsec. (a)(33). Pub. L. 97–116, § 18(a)(3), struck out provision that residence be considered continuous for the purposes of sections 1482 and 1484 of this title where there is a continuity of stay but not necessarily an uninterrupted physical presence in a foreign state or states or outside the United States.

Subsec. (b)(1)(A), (B). Pub. L. 97–116, § 18(a)(5)(A), struck out “or” at the end.

Subsec. (b)(1)(C). Pub. L. 97–116, § 18(a)(5)(B), substituted a semicolon for the period at end.

Subsec. (b)(1)(E). Pub. L. 97–116, §§ 2(b), 18(a)(5)(C), substituted “sixteen” for “fourteen”, and “; or” for the period at the end.

Subsec. (b)(1)(F). Pub. L. 97–116, § 2(b), substituted “sixteen” for “fourteen”.