shall file such petition with the Attorney General under the procedures that apply to self-petitioners under clause (iii) or (iv), as applicable.
shall file such petition with the Attorney General under the procedures that apply to self-petitioners under clause (ii) or (iii), as applicable.
In this subparagraph, the term "spousal second preference petition" refers to a petition, seeking preference status under section 1153(a)(2) of this title, for an alien as a spouse of an alien lawfully admitted for permanent residence.
After an investigation of the facts in each case, and after consultation with the Secretary of Labor with respect to petitions to accord a status under section 1153(b)(2) or 1153(b)(3) of this title, the Attorney General shall, if he determines that the facts stated in the petition are true and that the alien in behalf of whom the petition is made is an immediate relative specified in section 1151(b) of this title or is eligible for preference under subsection (a) or (b) of section 1153 of this title, approve the petition and forward one copy thereof to the Department of State. The Secretary of State shall then authorize the consular officer concerned to grant the preference status.
Notwithstanding the provisions of subsection (b) no petition shall be approved if (1) the alien has previously been accorded, or has sought to be accorded, an immediate relative or preference status as the spouse of a citizen of the United States or the spouse of an alien lawfully admitted for permanent residence, by reason of a marriage determined by the Attorney General to have been entered into for the purpose of evading the immigration laws, or (2) the Attorney General has determined that the alien has attempted or conspired to enter into a marriage for the purpose of evading the immigration laws.
Nothing in this section shall be construed to entitle an immigrant, in behalf of whom a petition under this section is approved, to be admitted 3 the United States as an immigrant under subsection (a), (b), or (c) of section 1153 of this title or as an immediate relative under section 1151(b) of this title if upon his arrival at a port of entry in the United States he is found not to be entitled to such classification.
Notwithstanding subsection (a), except as provided in section 1255(e)(3) of this title, a petition may not be approved to grant an alien immediate relative status or preference status by reason of a marriage which was entered into during the period described in section 1255(e)(2) of this title, until the alien has resided outside the United States for a 2-year period beginning after the date of the marriage.
The legal termination of a marriage may not be the sole basis for revocation under section 1155 of this title of a petition filed under subsection (a)(1)(A)(iii) or a petition filed under subsection (a)(1)(B)(ii) pursuant to conditions described in subsection (a)(1)(A)(iii)(I). Remarriage of an alien whose petition was approved under subsection (a)(1)(B)(ii) or (a)(1)(A)(iii) or marriage of an alien described in clause (iv) or (vi) of subsection (a)(1)(A) or in subsection (a)(1)(B)(iii) shall not be the basis for revocation of a petition approval under section 1155 of this title.
A petition under subsection (a)(4)(D) 4 for classification of a professional athlete shall remain valid for the athlete after the athlete changes employers, if the new employer is a team in the same sport as the team which was the employer who filed the petition.
For purposes of paragraph (1), the term "professional athlete" means an individual who is employed as an athlete by-
A petition under subsection (a)(1)(D) 4 for an individual whose application for adjustment of status pursuant to section 1255 of this title has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed.
Except as provided in paragraph (2), in the case of a petition under this section initially filed for an alien unmarried son or daughter's classification as a family-sponsored immigrant under section 1153(a)(2)(B) of this title, based on a parent of the son or daughter being an alien lawfully admitted for permanent residence, if such parent subsequently becomes a naturalized citizen of the United States, such petition shall be converted to a petition to classify the unmarried son or daughter as a family-sponsored immigrant under section 1153(a)(1) of this title.
Paragraph (1) does not apply if the son or daughter files with the Attorney General a written statement that he or she elects not to have such conversion occur (or if it has occurred, to have such conversion revoked). Where such an election has been made, any determination with respect to the son or daughter's eligibility for admission as a family-sponsored immigrant shall be made as if such naturalization had not taken place.
Regardless of whether a petition is converted under this subsection or not, if an unmarried son or daughter described in this subsection was assigned a priority date with respect to such petition before such naturalization, he or she may maintain that priority date.
This subsection shall apply to a petition if it is properly filed, regardless of whether it was approved or not before such naturalization.
An alien described in paragraph (2) who resided in the United States at the time of the death of the qualifying relative and who continues to reside in the United States shall have such petition described in paragraph (2), or an application for adjustment of status to that of a person admitted for lawful permanent residence based upon the family relationship described in paragraph (2), and any related applications, adjudicated notwithstanding the death of the qualifying relative, unless the Secretary of Homeland Security determines, in the unreviewable discretion of the Secretary, that approval would not be in the public interest.
An alien described in this paragraph is an alien who, immediately prior to the death of his or her qualifying relative, was-
1 So in original. Probably should be "(II)".
2 So in original. Probably should be "child's".
3 So in original. Probably should be followed by "to".
4 See References in Text note below.
8 U.S.C. § 1154
EDITORIAL NOTES
REFERENCES IN TEXTThis chapter, referred to in subsec. (a)(1)(A)(iii)(II)(aa)(BB), (B)(ii)(II)(aa)(BB), 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. The Child Status Protection Act, referred to in subsec. (a)(1)(D)(iii), is Pub. L. 107-208, 116 Stat. 927, which amended this section and sections 1151, 1153, 1157, and 1158 of this title and enacted provisions set out as notes under sections 1101 and 1151 of this title. For complete classification of this Act to the Code, see Short Title of 2002 Amendments note set out under section 1101 of this title and Tables. The Intercountry Adoption Act of 2000, referred to in subsec. (d)(2), is Pub. L. 106-279, 114 Stat. 825, which is classified principally to chapter 143 (§14901 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 14901 of Title 42 and Tables. Subsection (a)(4)(D) and subsection (a)(1)(D), referred to in subsecs. (i)(1) and (j), probably should refer to subsec. (a)(1)(F) of this section. The reference to subsec. (a)(4)(D) probably should have been to subsec. "(a)(1)(D)", as no par. (4) of subsec. (a) has been enacted. Subsec. (a)(1)(D) of this section was redesignated subsec. (a)(1)(F) by Pub. L. 106-386, §1503(d)(1). See 2000 Amendment note below.
AMENDMENTS2022-Subsec. (a)(1)(H). Pub. L. 117-103 amended subpar. (H) generally. Prior to amendment, subpar. (H) read as follows: "Any alien desiring to be classified under section 1153(b)(5) of this title may file a petition with the Attorney General for such classification." 2013-Subsec. (a)(1)(I)(iv). Pub. L. 113-6 temporarily added cl. (iv). Text read as follows: "Each petition to compete for consideration for a visa under section 1153(c) of this title shall be accompanied by a fee equal to $30. All amounts collected under this clause shall be deposited into the Treasury as miscellaneous receipts." See Effective and Termination Dates of 2013 Amendment note below.Subsec. (l)(2)(F), (G). Pub. L. 113-4 added subpar. (F) and redesignated former subpar. (F) as (G).2009-Subsec. (l). Pub. L. 111-83 added subsec. (l).2006-Subsec. (a)(1)(A)(i). Pub. L. 109-248, §402(a)(1), substituted "Except as provided in clause (viii), any" for "Any".Subsec. (a)(1)(A)(vii). Pub. L. 109-162, §816, added cl. (vii).Subsec. (a)(1)(A)(viii). Pub. L. 109-248, §402(a)(2), added cl. (viii).Subsec. (a)(1)(B)(i). Pub. L. 109-248, §402(a)(3), redesignated cl. (i) as first subcl. (I), substituted "Except as provided in subclause (II), any alien" for "Any alien", and added a second subcl. (I).Subsec. (a)(1)(D)(v). Pub. L. 109-271 which directed insertion of "or (B)(iii)" after "(A)(iv)", was executed by making the insertion after "(A)(iv)" both places it appeared, to reflect the probable intent of Congress. Pub. L. 109-162, §805(c)(1), added cl. (v).Subsec. (a)(1)(D)(i)(I). Pub. L. 109-162, §805(a)(1)(A), inserted "or subsection (a)(1)(B)(iii)" after "subsection (a)(1)(A)" in two places.Subsec. (a)(1)(D)(i)(III). Pub. L. 109-162, §805(a)(1)(B), substituted "a VAWA self-petitioner" for "a petitioner for preference status under paragraph (1), (2), or (3) of section 1153(a) of this title, whichever paragraph is applicable,".Subsec. (a)(1)(D)(iv). Pub. L. 109-162, §805(a)(2), added cl. (iv).Subsec. (a)(1)(K). Pub. L. 109-162, §814(b), added subpar. (K).Subsec. (a)(1)(L). Pub. L. 109-162, §814(e), added subpar. (L). 2002-Subsec. (a)(1)(D)(iii). Pub. L. 107-208, §7, added cl. (iii).Subsec. (k). Pub. L. 107-208, §6, added subsec. (k).2000-Subsec. (a)(1)(A)(iii). Pub. L. 106-386, §1503(b)(1)(A), amended cl. (iii) generally. Prior to amendment, cl. (iii) read as follows: "An alien who is the spouse of a citizen of the United States, who is a person of good moral character, who is eligible to be classified as an immediate relative under section 1151(b)(2)(A)(i) of this title, and who has resided in the United States with the alien's spouse may file a petition with the Attorney General under this subparagraph for classification of the alien (and any child of the alien if such a child has not been classified under clause (iv)) under such section if the alien demonstrates to the Attorney General that-"(I) the alien is residing in the United States, the marriage between the alien and the spouse was entered into in good faith by the alien, and during the marriage the alien or a child of the alien has been battered by or has been the subject of extreme cruelty perpetrated by the alien's spouse; and"(II) the alien is a person whose removal, in the opinion of the Attorney General, would result in extreme hardship to the alien or a child of the alien." Subsec. (a)(1)(A)(iv). Pub. L. 106-386, §1503(b)(2), amended cl. (iv) generally. Prior to amendment, cl. (iv) read as follows: "An alien who is the child of a citizen of the United States, who is a person of good moral character, who is eligible to be classified as an immediate relative under section 1151(b)(2)(A)(i) of this title, and who has resided in the United States with the citizen parent may file a petition with the Attorney General under this subparagraph for classification of the alien under such section if the alien demonstrates to the Attorney General that-"(I) the alien is residing in the United States and during the period of residence with the citizen parent the alien has been battered by or has been the subject of extreme cruelty perpetrated by the alien's citizen parent; and "(II) the alien is a person whose removal, in the opinion of the Attorney General, would result in extreme hardship to the alien." Subsec. (a)(1)(A)(v). Pub. L. 106-386, §1503(b)(3), added cl. (v).Subsec. (a)(1)(A)(vi). Pub. L. 106-386, §1507(a)(1), added cl. (vi).Subsec. (a)(1)(B)(ii). Pub. L. 106-386, §1503(c)(1), amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: "An alien who is the spouse of an alien lawfully admitted for permanent residence, who is a person of good moral character, who is eligible for classification under section 1153(a)(2)(A) of this title, and who has resided in the United States with the alien's legal permanent resident spouse may file a petition with the Attorney General under this subparagraph for classification of the alien (and any child of the alien if such a child has not been classified under clause (iii)) under such section if the alien demonstrates to the Attorney General that the conditions described in subclauses (I) and (II) of subparagraph (A)(iii) are met with respect to the alien."Subsec. (a)(1)(B)(iii). Pub. L. 106-386, §1503(c)(2), amended cl. (iii) generally. Prior to amendment, cl. (iii) read as follows: "An alien who is the child of an alien lawfully admitted for permanent residence, who is a person of good moral character, who is eligible for classification under section 1153(a)(2)(A) of this title, and who has resided in the United States with the alien's permanent resident alien parent may file a petition with the Attorney General under this subparagraph for classification of the alien under such section if the alien demonstrates to the Attorney General that-"(I) the alien is residing in the United States and during the period of residence with the permanent resident parent the alien has been battered by or has been the subject of extreme cruelty perpetrated by the alien's permanent resident parent; and"(II) the alien is a person whose removal, in the opinion of the Attorney General, would result in extreme hardship to the alien."Subsec. (a)(1)(B)(iv). Pub. L. 106-386, §1503(c)(3), added cl. (iv).Subsec. (a)(1)(B)(v). Pub. L. 106-386, §1507(a)(2), added cl. (v). Subsec. (a)(1)(C) to (I). Pub. L. 106-386, §1503(d)(1), (2), added subpars. (C) and (D) and redesignated former subpars. (C) to (G) as (E) to (I), respectively. Former subpar. (H) redesignated (J).Subsec. (a)(1)(J). Pub. L. 106-386, §1503(d)(1), (3), redesignated subpar. (H) as (J) and inserted "or in making determinations under subparagraphs (C) and (D)," after "subparagraph (B),".Subsec. (d). Pub. L. 106-279 designated existing provisions as par. (1), substituted "subparagraph (F) or (G) of section 1101(b)(1)" for "section 1101(b)(1)(F)", and added par. (2).Subsec. (h). Pub. L. 106-386, §1507(b), inserted at end "Remarriage of an alien whose petition was approved under subsection (a)(1)(B)(ii) or (a)(1)(A)(iii) or marriage of an alien described in clause (iv) or (vi) of subsection (a)(1)(A) or in subsection (a)(1)(B)(iii) shall not be the basis for revocation of a petition approval under section 1155 of this title."Subsec. (j). Pub. L. 106-313 added subsec. (j).1996-Subsec. (a)(1)(A)(iii)(II), (iv)(II), (B)(iii)(II). Pub. L. 104-208, §308(e)(1)(A), substituted "removal" for "deportation".Subsec. (e). Pub. L. 104-208, §308(f)(2)(A), substituted "be admitted" for "enter".Subsec. (i). Pub. L. 104-208, §624(b), added subsec. (i). 1994-Subsec. (a)(1). Pub. L. 103-322, §40701(a), in subpar. (A), designated first sentence as cl. (i) and second sentence as cl. (ii) and added cls. (iii) and (iv), in subpar. (B), designated existing provisions as cl. (i) and added cls. (ii) and (iii), and added subpar. (H).Subsec. (a)(1)(A). Pub. L. 103-416 in second sentence inserted "spouse" after "alien" and "of the alien (and the alien's children)" after "for classification".Subsec. (a)(2). Pub. L. 103-322, §40701(b)(1), in subpar. (A), substituted "for the classification of the spouse of an alien if the alien," for "filed by an alien who," in introductory provisions and in subpar. (B), substituted "for the classification of the spouse of an alien if the prior marriage of the alien" for "by an alien whose prior marriage".Subsec. (h). Pub. L. 103-322, §40701(c), added subsec. (h).1991-Subsec. (a)(1)(A). Pub. L. 102-232, §302(e)(4)(A), inserted sentence at end authorizing filing of petitions by aliens described in second sentence of section 1151(b)(2)(A)(i) of this title.Subsec. (a)(1)(F). Pub. L. 102-232, §302(e)(4)(B), substituted "Attorney General" for "Secretary of State".Subsec. (a)(1)(G)(iii). Pub. L. 102-232, §302(e)(4)(C), struck out "or registration" after "petition". Subsec. (e). Pub. L. 102-232, §302(e)(5), substituted "as an immigrant" for "as a immigrant".Subsec. (f)(4)(A)(ii)(II). Pub. L. 102-232, §309(b)(5), substituted "the second and third sentences of such section" for "section 9847 of title 42".Subsec. (g). Pub. L. 102-232, §308(b), made technical correction to directory language of Pub. L. 101-649, §702(b). See 1990 Amendment note below. 1990-Subsec. (a)(1). Pub. L. 101-649, §162(b)(1), added par. (1) and struck out former par. (1) which read as follows: "Any citizen of the United States claiming that an alien is entitled to a preference status by reason of a relationship described in paragraph (1), (4), or (5) of section 1153(a) of this title, or to an immediate relative status under section 1151(b) of this title, or any alien lawfully admitted for permanent residence claiming that an alien is entitled to a preference status by reason of the relationship described in section 1153(a)(2) of this title, or any alien desiring to be classified as a preference immigrant under section 1153(a)(3) of this title (or any person on behalf of such an alien), or any person desiring and intending to employ within the United States an alien entitled to classification as a preference immigrant under section 1153(a)(6) of this title, may file a petition with the Attorney General for such classification. The petition shall be in such form as the Attorney General may by regulations prescribe and shall contain such information and be supported by such documentary evidence as the Attorney General may require. The petition shall be made under oath administered by any individual having authority to administer oaths, if executed in the United States, but, if executed outside the United States, administered by a consular officer or an immigration officer." Subsec. (b). Pub. L. 101-649, §162(b)(2), substituted reference to section 1153(b)(2) or 1153(b)(3) of this title for reference to section 1153(a)(3) or (6) of this title, and reference to preference under section 1153(a) or (b) of this title for reference to a preference status under section 1153(a) of this title.Subsec. (e). Pub. L. 101-649, §162(b)(3), substituted "immigrant under subsection (a), (b), or (c) of section 1153 of this title" for "preference immigrant under section 1153(a) of this title".Subsec. (f). Pub. L. 101-649, §162(b)(5), (6), redesignated subsec. (g) as (f) and struck out former subsec. (f) which related to applicability of provisions to qualified immigrants specified in section 1152(e) of this title.Subsec. (f)(1). Pub. L. 101-649, §162(b)(4), substituted reference to section 1153(a)(3) of this title for reference to section 1153(a)(4) of this title.Subsec. (g). Pub. L. 101-649, §702(b), as amended by Pub. L. 102-232, §308(b), inserted "except as provided in section 1255(e)(3) of this title," after "Notwithstanding subsection (a),". Pub. L. 101-649, §162(b)(6), redesignated subsec. (h) as (g). Former subsec. (g) redesignated as (f).Subsec. (h). Pub. L. 101-649, §162(b)(6), redesignated subsec. (h) as (g).1988-Subsec. (c). Pub. L. 100-525, §9(g)(1), substituted "an immediate relative" for "a nonquota".Subsec. (g)(3)(A). Pub. L. 100-525, §9(g)(2), substituted "(C)(ii) of paragraph (2)" for "(C)(i) of paragraph 2". 1986-Subsec. (a). Pub. L. 99-639, §2(c), designated existing provisions as par. (1) and added par. (2).Subsec. (c). Pub. L. 99-639, §4(a), inserted "(1)" after "if" and ", or has sought to be accorded," and added cl. (2).Subsec. (h). Pub. L. 99-639, §5(b), added subsec. (h).1982-Subsec. (g). Pub. L. 97-359 added subsec. (g).1981-Subsec. (a). Pub. L. 97-116, §18(d), substituted "of a relationship described in paragraph" for "of the relationships described in paragraphs".Subsec. (d). Pub. L. 97-116, §3, redesignated subsec. (e) as (d). Former subsec. (d), directing that the Attorney General forward to the Congress a Statistical summary of petitions for immigrant status approved by him under section 1153(a)(3) or 1153(a)(6) of this title and that the reports be submitted to Congress on the first and fifteenth day of each calendar month in which Congress was in session, was struck out.Subsecs. (e), (f). Pub. L. 97-116, §3, redesignated as subsec. (e) the subsec. (f) relating to subsequent finding of non-entitlement. See 1978 Amendment note below. Former subsec. (e) redesignated (d).1980-Subsec. (d). Pub. L. 96-470 substituted provision requiring the Attorney General to forward to Congress a statistical summary of approved petitions for professional or occupational preferences for provision requiring the Attorney General to forward to Congress a report on each petition approved for professional or occupational preference stating the basis for his approval and the facts pertinent in establishing qualifications for preferential status. 1978-Subsec. (c). Pub. L. 95-417, §2, struck out "no more than two petitions may be approved for one petitioner on behalf of a child as defined in section 1101(b)(1)(E) or 1101(b)(1)(F) of this title unless necessary to prevent the separation of brothers and sisters and" after "subsection (b)".Subsecs. (e), (f). Pub. L. 95-417, §3, added subsec. (e) and redesignated former subsec. (e), relating to subsequent finding of non-entitlement, as subsec. (f) without regard to existing subsec. (f), relating to provisions applicable to qualified immigrants, added by Pub. L. 94-571.1976-Subsec. (f). Pub. L. 94-571 added subsec. (f).1965-Subsec. (a). Pub. L. 89-236 substituted provisions spelling out the statutory grounds for filing a petition for preference status and prescribing the authority of the Attorney General to require documentary evidence in support and the form of the petition, for provisions prohibiting consular officers from granting preference status before being authorized to do so in cases of applications based on membership in the ministry of a religious denomination or high education, technical training, or specialized experience which would be substantially beneficial to the United States.Subsec. (b). Pub. L. 89-236 substituted provisions authorizing investigation of petitions by the Attorney General, consultation with the Secretary of Labor, and authorization to consular officers, for provisions specifying the form of application for preference status on the basis of membership in the ministry of a religious denomination or high education, technical training, or specialized experience which would be substantially beneficial to the United States and the circumstances making an application appropriate.Subsec. (c). Pub. L. 89-236 substituted provisions limiting the number of orphan petitions which may be approved for one petitioner and prohibiting approval of any petition of an alien whose prior marriage was determined by the Attorney General to have been entered into for the purpose of evading the immigration laws, for provisions which related to investigation of facts by the Attorney General and submission of reports to Congress covering the granting of preferential status.Subsec. (d). Pub. L. 89-236 substituted provisions requiring the Attorney General to submit reports to Congress on each approved petition for professional or occupational preference, for provisions prohibiting a statutory construction of the section which would entitle an immigrant to preferential classification if, upon arrival at the port of entry, he was found not to be entitled to such classification. Subsec. (e). Pub. L. 89-236 added subsec. (e). 1962-Subsec. (c). Pub. L. 87-885 provided for submission of reports to Congress.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2022 AMENDMENT Pub. L. 117-103 div. BB, §105(b), Mar. 15, 2022, 136 Stat. 1103, provided that:"(1) IN GENERAL.-The amendment made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Mar. 15, 2022]."(2) APPLICABILITY TO PETITIONS.-Section 204(a)(1)(H)(i) of the Immigration and Nationality Act [ 8 U.S.C. 1154(a)(1)(H)(i) ], as added by subsection (a), shall apply to any petition for classification pursuant to section 203(b)(5)(E) of such Act ( 8 U.S.C. 1153(b)(5)(E) ) that is filed with the Secretary of Homeland Security on or after the date of the enactment of this Act."
EFFECTIVE AND TERMINATION DATES OF 2013 AMENDMENT Pub. L. 113-6, div. D, title V, §563, Mar. 26, 2013, 127 Stat. 380, provided in part that the amendment made by section 563 of Pub. L. 113-6 is effective during the period beginning on Oct. 1, 2013, and ending on Sept. 30, 2014.
EFFECTIVE DATE OF 2002 AMENDMENT Amendment 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 2000 AMENDMENT Amendment by Pub. L. 106-279 effective Apr. 1, 2008, see section 505(a)(2), (b) of Pub. L. 106-279 set out as an Effective Dates; Transition Rule note under section 14901 of Title 42, The Public Health and Welfare.
EFFECTIVE DATE OF 1996 AMENDMENT Amendment by section 308(e)(1)(A), (f)(2)(A) of Pub. L. 104-208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104-208 set out as a note under section 1101 of this title.
EFFECTIVE DATE OF 1994 AMENDMENTS Amendment by Pub. L. 103-416 effective as if included in the enactment of the Immigration Act of 1990, Pub. L. 101-649 see section 219(dd) of Pub. L. 103-416 set out as a note under section 1101 of this title. Amendment by Pub. L. 103-322 effective Jan. 1, 1995, see section 40701(d) of Pub. L. 103-322 set out as a note under section 1151 of this title.
EFFECTIVE DATE OF 1991 AMENDMENT Amendment by sections 302(e)(4), (5) and 308(b) of Pub. L. 102-232 effective as if included in the enactment of the Immigration Act of 1990, Pub. L. 101-649 see section 310(1) of Pub. L. 102-232 set out as a note under section 1101 of this title.
EFFECTIVE DATE OF 1990 AMENDMENT Amendment by section 162(b) of Pub. L. 101-649 effective Nov. 29, 1990, but only insofar as section 162(b) relates to visas for fiscal years beginning with fiscal year 1992, with general transition provisions, see section 161(b), (c) of Pub. L. 101-649 set out as a note under section 1101 of this title. Pub. L. 101-649, title VII, §702(c), Nov. 29, 1990, 104 Stat. 5086, provided that: "The amendments made by this section [amending sections 1154 and 1255 of this title] shall apply to marriages entered into before, on, or after the date of the enactment of this Act [Nov. 29, 1990]."
EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99-639, §4(b), Nov. 10, 1986, 100 Stat. 3543, provided that: "The amendment made by subsection (a) [amending this section] shall apply to petitions filed on or after the date of the enactment of this Act [Nov. 10, 1986]."Pub. L. 99-639, §5(c), Nov. 10, 1986, 100 Stat. 3543, provided that: "The amendments made by this section [amending this section and section 1255 of this title] shall apply to marriages entered into on or after the date of the enactment of this Act [Nov. 10, 1986]."
EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section 21(a) of Pub. L. 97-116 set out as a note under section 1101 of this title.
EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94-571 effective on first day of first month which begins more than sixty days after Oct. 20, 1976, see section 10 of Pub. L. 94-571 set out as a note under section 1101 of this title.
EFFECTIVE DATE OF 1965 AMENDMENT For effective date of amendment by Pub. L. 89-236 see section 20 of Pub. L. 89-236 set out as a note under section 1151 of this title.
CONSTRUCTION OF 2009 AMENDMENT Pub. L. 111-83, title V, §568(d)(2), Oct. 28, 2009, 123 Stat. 2187, provided that: "Nothing in the amendment made by paragraph (1) [amending this section] may be construed to limit or waive any ground of removal, basis for denial of petition or application, or other criteria for adjudicating petitions or applications as otherwise provided under the immigration laws of the United States other than ineligibility based solely on the lack of a qualifying family relationship as specifically provided by such amendment."
ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONSFor abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.
ALIEN SHEEPHERDERSAct Sept. 3, 1954, ch. 1254, §§1-3, 68 Stat. 1145, provided for the importation of skilled alien sheepherders upon approval by the Attorney General, certification to the Secretary of State by the Attorney General of names and addresses of sheepherders whose applications for importation were approved, and issuance of not more than 385 special nonquota immigrant visas. Provisions of said act expired on Sept. 3, 1955, by terms of section 1 thereof.
- Attorney General
- The term "Attorney General" means the Attorney General of the United States.
- Service
- The term "Service" means the Immigration and Naturalization Service of the Department of Justice.
- State
- The term "State" includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands.
- VAWA self-petitioner
- The term "VAWA self-petitioner" means an alien, or a child of the alien, who qualifies for relief under-(A) clause (iii), (iv), or (vii) of section 1154(a)(1)(A) of this title;(B) clause (ii) or (iii) of section 1154(a)(1)(B) of this title;(C) section 1186a(c)(4)(C) of this title;(D) the first section of Public Law 89-732 ( 8 U.S.C. 1255 note) (commonly known as the Cuban Adjustment Act) as a child or spouse who has been battered or subjected to extreme cruelty;(E) section 902(d)(1)(B) of the Haitian Refugee Immigration Fairness Act of 1998 ( 8 U.S.C. 1255 note);(F) section 202(d)(1) of the Nicaraguan Adjustment and Central American Relief Act; or(G) section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208).
- alien
- The term "alien" means any person not a citizen or national of the United States.
- consular officer
- The term "consular officer" means any consular, diplomatic, or other officer or employee of the United States designated under regulations prescribed under authority contained in this chapter, for the purpose of issuing immigrant or nonimmigrant visas or, when used in subchapter III, for the purpose of adjudicating nationality.
- conviction
- The term "conviction" means, with respect to an alien, a formal judgment of guilt of the alien entered by a court or, if adjudication of guilt has been withheld, where-(i) a judge or jury has found the alien guilty or the alien has entered a plea of guilty or nolo contendere or has admitted sufficient facts to warrant a finding of guilt, and(ii) the judge has ordered some form of punishment, penalty, or restraint on the alien's liberty to be imposed.
- immigrant visa
- The term "immigrant visa" means an immigrant visa required by this chapter and properly issued by a consular officer at his office outside of the United States to an eligible immigrant under the provisions of this chapter.
- immigration laws
- The term "immigration laws" includes this chapter and all laws, conventions, and treaties of the United States relating to the immigration, exclusion, deportation, expulsion, or removal of aliens.
- immigration officer
- The term "immigration officer" means any employee or class of employees of the Service or of the United States designated by the Attorney General, individually or by regulation, to perform the functions of an immigration officer specified by this chapter or any section of this title.
- intended spouse
- The term "intended spouse" means any alien who meets the criteria set forth in section 1154(a)(1)(A)(iii)(II)(aa)(BB), 1154(a)(1)(B)(ii)(II)(aa)(BB),or 1229b(b)(2)(A)(i)(III) of this title.
- lawfully admitted for permanent residence
- The term "lawfully admitted for permanent residence" means the status of having been lawfully accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws, such status not having changed.
- naturalization
- The term "naturalization" means the conferring of nationality of a state upon a person after birth, by any means whatsoever.
- permanent
- The term "permanent" means a relationship of continuing or lasting nature, as distinguished from temporary, but a relationship may be permanent even though it is one that may be dissolved eventually at the instance either of the United States or of the individual, in accordance with law.
- person
- The term "person" means an individual or an organization.
- refugee
- The term "refugee" means (A) any person who is outside any country of such person's nationality or, in the case of a person having no nationality, is outside any country in which such person last habitually resided, and who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of, that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion, or (B) in such special circumstances as the President after appropriate consultation (as defined in section 1157(e) of this title) may specify, any person who is within the country of such person's nationality or, in the case of a person having no nationality, within the country in which such person is habitually residing, and who is persecuted or who has a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. The term "refugee" does not include any person who ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion. For purposes of determinations under this chapter, a person who has been forced to abort a pregnancy or to undergo involuntary sterilization, or who has been persecuted for failure or refusal to undergo such a procedure or for other resistance to a coercive population control program, shall be deemed to have been persecuted on account of political opinion, and a person who has a well founded fear that he or she will be forced to undergo such a procedure or subject to persecution for such failure, refusal, or resistance shall be deemed to have a well founded fear of persecution on account of political opinion.
- residence
- The term "residence" means the place of general abode; the place of general abode of a person means his principal, actual dwelling place in fact, without regard to intent.
- admitted
- The terms "admission" and "admitted" mean, with respect to an alien, the lawful entry of the alien into the United States after inspection and authorization by an immigration officer.
- admission
- The terms "admission" and "admitted" mean, with respect to an alien, the lawful entry of the alien into the United States after inspection and authorization by an immigration officer.