NOTES: (1) Gains other than 1 and 100 can be set by adding an external resistor, R G between pins 2 and 15. Gain accuracy is a function of R G. (2) FS = Full Scale.
Immigration and Nationality Act
101 definitions
102 applicability of title ii to certain nonimmigrants
103 powers and duties of the attorney general and the commissioner
104 powers and duties of the secretary of state
105 liaison with internal security officers
- See Policy Manual Technical Update, Child Citizenship Act and Children of U.S. Government Employees Residing Abroad (July 20, 2015); and Acquisition of Citizenship by Children of U.S. Military and Government Employees Stationed Abroad under Section 320 of the Immigration and Nationality Act (INA), No. 103, issued May 6, 2004.
- (1) Biological Parents or Siblings: An adopted child (as defined in INA 101(b)(1)(E), (F) or (G)) may not confer immigration benefits upon a natural parent or sibling unless such adoption has been legally terminated. This is true even where the child never received.
101 DEFINITIONS
SEC. 101. [8 U.S.C. 1101] (a) As used in this Act-
(1) The term 'administrator' means the official designatedby the Secretary of State pursuant to section 104(b) of this Act.
(2) The term 'advocates' includes, but is not limitedto, advises, recommends, furthers by overt act, and admits beliefin.
(3) The term 'alien' means any person not a citizenor national of the United States.
(4) The term 'application for admission' has referenceto the application for admission into the United States and notto the application for the issuance of an immigrant or nonimmigrantvisa.
(5) The term 'Attorney General' means the AttorneyGeneral of the United States.
(6) The term 'border crossing identification card'means a document of identity bearing that designation issued toan alien who is lawfully admitted for permanent residence, orto an alien who is a resident in foreign contiguous territory,by a consular officer or an immigration officer for the purposeof crossing over the borders between the United States and foreigncontiguous territory in accordance with such conditions for itsissuance and use as may be prescribed by regulations. Such regulationsshall provide that (A) each such document include a biometricidentifier (such as the fingerprint or handprint of the alien)that is machine readable and (B) an alien presenting a bordercrossing identification is not permitted to cross over the borderinto the United States unless the biometric identifier containedon the card matches the appropriate biometric characteristic ofthe alien.
(7) The term 'clerk of court' means a clerk of a naturalizationcourt.
(8) The terms 'Commissioner' and 'Deputy Commissioner'mean the Commissioner of Immigration and Naturalization and aDeputy Commissioner of Immigration and Naturalization, respectively.
(9) The term 'consular officer' means any consular,diplomatic, or other officer of the United States designated underregulations prescribed under authority contained in this Act,for the purpose of issuing immigrant or nonimmigrant visas.
(10) The term 'crewman' means a person serving in anycapacity on board a vessel or aircraft.
(11) The term 'diplomatic visa' means a nonimmigrantvisa bearing that title and issued to a nonimmigrant in accordancewith such regulations as the Secretary of State may prescribe.
(12) The term 'doctrine' includes, but is not limitedto, policies, practices, purposes, aims, or procedures.
(13) (A) The terms 'admission' and 'admitted'mean, with respect to an alien, the lawful entry of the alieninto the United States after inspection and authorization by animmigration officer.
(B) An alien who is paroled under section 212(d)(5) or permittedto land temporarily as an alien crewman shall not be consideredto have been admitted.
(C) An alien lawfully admitted for permanent residence in theUnited States shall not be regarded as seeking an admission intothe United States for purposes of the immigration laws unlessthe alien-
(i) has abandoned or relinquished that status,
(ii) has been absent from the United States for a continuousperiod in excess of 180 days,
(iii) has engaged in illegal activity after having departed theUnited States,
(iv) has departed from the United States while under legal processseeking removal of the alien from the United States, includingremoval proceedings under this Act and extradition proceedings,
(v) has committed an offense identified in section 212(a)(2),unless since such offense the alien has been granted relief undersection 212(h) or 240A(a), or
(vi) is attempting to enter at a time or place other than asdesignated by immigration officers or has not been admitted tothe United States after inspection and authorization by an immigrationofficer.
(14) The term 'foreign state' includes outlying possessionsof a foreign state, but self-governing dominions and territoriesunder mandate or trusteeship shall be regarded as separate foreignstates.
(15) The term 'immigrant' means every alien exceptan alien who is within one of the following classes of nonimmigrantaliens
(A)(i) an ambassador, public minister, or career diplomatic orconsular officer who has been accredited by a foreign governmentrecognized de jure by the United States and who is accepted bythe President or by the Secretary of State, and the members ofthe alien's immediate family;
(ii) upon a basis of reciprocity, other officials and employeeswho have been accredited by a foreign government recognized dejure by the United States, who are accepted by the Secretary ofState, and the members of their immediate families; and
(iii) upon a basis of reciprocity, attendants, servants, personalemployees, and members of their immediate families, of the officialsand employees who have a nonimmigrant status under (i) and (ii)above;
(B) an alien (other than one coming for the purpose of studyor of performing skilled or unskilled labor or as a representativeof foreign press, radio, film, or other foreign information mediacoming to engage in such vocation) having a residence in a foreigncountry which he has no intention of abandoning and who is visitingthe United States temporarily for business or temporarily forpleasure;
(C) an alien in immediate and continuous transit through theUnited States, or an alien who qualifies as a person entitledto pass in transit to and from the United Nations HeadquartersDistrict and foreign countries, under the provisions of paragraphs(3), (4), and (5) of section 11 of the Headquarters Agreementwith the United Nations (61 Stat. 758);
(D)(i) an alien crewman serving in good faith as such in a capacityrequired for normal operation and service on board a vessel, asdefined in section 258(a) (other than a fishing vessel havingits home port or an operating base in the United States), or aircraft,who intends to land temporarily and solely in pursuit of his callingas a crewman and to depart from the United States with the vesselor aircraft on which he arrived or some other vessel or aircraft;
(ii) an alien crewman serving in good faith as such in any capacityrequired for normal operations and service aboard a fishing vesselhaving its home port or an operating base in the United Stateswho intends to land temporarily in Guam and solely in pursuitof his calling as a crewman and to depart from Guam with the vesselon which he arrived;
(E) an alien entitled to enter the United States under and inpursuance of the provisions of a treaty of commerce and navigationbetween the United States and the foreign state of which he isa national, and the spouse and children of any such alien if accompanyingor following to join him:
(i) solely to carry on substantial trade, including trade inservices or trade in technology, principally between the UnitedStates and the foreign state of which he is a national; or
(ii) solely to develop and direct the operations of an enterprisein which he has invested, or of an enterprise in which he is activelyin the process of investing, a substantial amount of capital;
(F)(i) an alien having a residence in a foreign country whichhe has no intention of abandoning, who is a bona fide studentqualified to pursue a full course of study and who seeks to enterthe United States temporarily and solely for the purpose of pursuingsuch a course of study consistent with section 214(l) at an establishedcollege, university, seminary, conservatory, academic high school,elementary school, or other academic institution or in a languagetraining program in the United States, particularly designatedby him and approved by the Attorney General after consultationwith the Secretary of Education, which institution or place ofstudy shall have agreed to report to the Attorney General thetermination of attendance of each nonimmigrant student, and ifany such institution of learning or place of study fails to makereports promptly the approval shall be withdrawn, and (ii) thealien spouse and minor children of any such alien if accompanyinghim or following to join him;
(G)(i) a designated principal resident representative of a foreigngovernment recognized de jure by the United States, which foreigngovernment is a member of an international organization entitledto enjoy privileges, exemptions, and immunities as an internationalorganization under the International Organizations ImmunitiesAct (59 Stat. 669) 22 U.S.C. 288, note, accredited resident membersof the staff of such representatives, and members of his or theirimmediate family;
(ii) other accredited representatives of such a foreign governmentto such international organizations, and the members of theirimmediate families;
(iii) an alien able to qualify under (i) or (ii) above exceptfor the fact that the government of which such alien is an accreditedrepresentative is not recognized de jure by the United States,or that the government of which he is an accredited representativeis not a member of such international organization, and the membersof his immediate family;
(iv) officers, or employees of such international organizations,and the members of their immediate families;
(v) attendants, servants, and personal employees of any suchrepresentative, officer, or employee, and the members of the immediatefamilies of such attendants, servants, and personal employees;
(H) an alien (i)(a) who is coming temporarily to the UnitedStates to perform services as a registered nurse, who meets thequalifications described in section 212(m)(1), and with respectto whom the Secretary of Labor determines and certifies to theAttorney General that an unexpired attestation is on file andin effect under section 212(m)(2) for each facility (which facilityshall include the petitioner and each worksite, other than a privatehousehold worksite, if the worksite is not the alien's employeror controlled by the employer) for which the alien will performthe services, or (b) subject to section 212(j)(2), who is comingtemporarily to the United States to perform services (other thanservices described in subclause (a) during the period in whichsuch subclause applies and other than services described in subclause(ii)(a) or in subparagraph (O) or (P)) in a specialty occupationdescribed in section 214(i)(1) or as a fashion model, who meetsthe requirements for the occupation specified in section 214(i)(2)or, in the case of a fashion model, is of distinguished meritand ability, and with respect to whom the Secretary of Labor determinesand certifies to the Attorney General that the intending employerhas filed with the Secretary an application under section 212(n)(1);or (ii)(a) having a residence in a foreign country which he hasno intention of abandoning who is coming temporarily to the UnitedStates to perform agricultural labor or services, as defined bythe Secretary of Labor in regulations and including agriculturallabor defined in section 3121(g) of the Internal Revenue Codeof 1954 and agriculture as defined in section 3(f) of the FairLabor Standards Act of 1938 (29 U.S.C. 203(f)), of a temporaryor seasonal nature, or (b) having a residence in a foreign countrywhich he has no intention of abandoning who is coming temporarilyto the United States to perform other temporary service or laborif unemployed persons capable of performing such service or laborcannot be found in this country, but this clause shall not applyto graduates of medical schools coming to the United States toperform services as members of the medical profession; or (iii)having a residence in a foreign country which he has no intentionof abandoning who is coming temporarily to the United States asa trainee, other than to receive graduate medical education ortraining, in a training program that is not designed primarilyto provide productive employment; and the alien spouse and minorchildren of any such alien specified in this paragraph if accompanyinghim or following to join him;
(I) upon a basis of reciprocity, an alien who is a bona fiderepresentative of foreign press, radio, film, or other foreigninformation media, who seeks to enter the United States solelyto engage in such vocation, and the spouse and children of sucha representative if accompanying or following to join him;
(J) an alien having a residence in a foreign country which hehas no intention of abandoning who is a bona fide student, scholar,trainee, teacher, professor, research assistant, specialist, orleader in a field of specialized knowledge or skill, or otherperson of similar description, who is coming temporarily to theUnited States as a participant in a program designated by theDirector of the United States Information Agency, for the purposeof teaching, instructing or lecturing, studying, observing, conductingresearch, consulting, demonstrating special skills, or receivingtraining and who, if he is coming to the United States to participatein a program under which he will receive graduate medical educationor training, also meets the requirements of section 212(j), andthe alien spouse and minor children of any such alien if accompanyinghim or following to join him;
(K) an alien who is the fiancee or fiancé of a citizenof the United States and who seeks to enter the United Statessolely to conclude a valid marriage with the petitioner withinninety days after admission, and the minor children of such fianceeor fiancé accompanying him or following to join him;
(L) an alien who, within 3 years preceding the time of his applicationfor admission into the United States, has been employed continuouslyfor one year by a firm or corporation or other legal entity oran affiliate or subsidiary thereof and who seeks to enter theUnited States temporarily in order to continue to render his servicesto the same employer or a subsidiary or affiliate thereof in acapacity that is managerial, executive, or involves specializedknowledge, and the alien spouse and minor children of any suchalien if accompanying him or following to join him;
(M)(i) an alien having a residence in a foreign country whichhe has no intention of abandoning who seeks to enter the UnitedStates temporarily and solely for the purpose of pursuing a fullcourse of study at an established vocational or other recognizednonacademic institution (other than in a language training program)in the United States particularly designated by him and approvedby the Attorney General, after consultation with the Secretaryof Education, which institution shall have agreed to report tothe Attorney General the termination of attendance of each nonimmigrantnonacademic student and if any such institution fails to makereports promptly the approval shall be withdrawn, and (ii) thealien spouse and minor children of any such alien if accompanyinghim or following to join him;
(N)(i) the parent of an alien accorded the status of specialimmigrant under paragraph (27)(I)(i), but only if and while thealien is a child, or (ii) a child of such parent or of an alienaccorded the status of a special immigrant under clause (ii),(iii), or (iv) of paragraph (27)(I);
(O) an alien who-
(i) has extraordinary ability in the sciences, arts, education,business, or athletics which has been demonstrated by sustainednational or international acclaim or, with regard to motion pictureand television productions a demonstrated record of extraordinaryachievement, and whose achievements have been recognized in thefield through extensive documentation, and seeks to enter theUnited States to continue work in the area of extraordinary ability;or
(ii)(I) seeks to enter the United States temporarily and solelyfor the purpose of accompanying and assisting in the artisticor athletic performance by an alien who is admitted under clause(i) for a specific event or events,
(II) is an integral part of such actual performance,
(III)(a) has critical skills and experience with such alien whichare not of a general nature and which cannot be performed by otherindividuals, or
(b) in the case of a motion picture or television production,has skills and experience with such alien which are not of a generalnature and which are critical either based on a pre-existing long-standingworking relationship or, with respect to the specific production,because significant production (including pre- and post-productionwork) will take place both inside and outside the United Statesand the continuing participation of the alien is essential tothe successful completion of the production, and
(IV) has a foreign residence which the alien has no intentionof abandoning; or
(iii) is the alien spouse or child of an alien described in clause(i) or (ii) and is accompanying, or following to join, the alien;
(P) an alien having a foreign residence which the alien has nointention of abandoning who-
(i) (a) is described in section 214(c)(4)(A) (relating to athletes),or (b) is described in section 214(c)(4)(B) (relating to entertainmentgroups);
(ii)(I) performs as an artist or entertainer, individually oras part of a group, or is an integral part of the performanceof such a group, and
(II) seeks to enter the United States temporarily and solelyfor the purpose of performing as such an artist or entertaineror with such a group under a reciprocal exchange program whichis between an organization or organizations in the United Statesand an organization or organizations in one or more foreign statesand which provides for the temporary exchange of artists and entertainers;
(iii)(I) performs as an artist or entertainer, individually oras part of a group, or is an integral part of the performanceof such a group, and
(II) seeks to enter the United States temporarily and solelyto perform, teach, or coach as such an artist or entertainer orwith such a group under a commercial or noncommercial programthat is culturally unique; or
(iv) is the spouse or child of an alien described in clause (i),(ii), or (iii) and is accompanying, or following to join, thealien;
(Q) an alien having a residence in a foreign country which hehas no intention of abandoning who is coming temporarily (fora period not to exceed 15 months) to the United States as a participantin an international cultural exchange program approved by theAttorney General for the purpose of providing practical training,employment, and the sharing of the history, culture, and traditionsof the country of the alien's nationality and who will be employedunder the same wages and working conditions as domestic workers;
(R) an alien, and the spouse and children of the alien if accompanyingor following to join the alien, who-
(i) for the 2 years immediately preceding the time of applicationfor admission, has been a member of a religious denomination havinga bona fide nonprofit, religious organization in the United States;and
(ii) seeks to enter the United States for a period not to exceed5 years to perform the work described in subclause (I), (II),or (III) of paragraph (27)(C)(ii); or
(S) subject to section 214(k), an alien-
(i) who the Attorney General determines-
(I) is in possession of critical reliable information concerninga criminal organization or enterprise;
(II) is willing to supply or has supplied such information toFederal or State court; and
(III) whose presence in the United States the Attorney Generaldetermines is essential to the success of an authorized criminalinvestigation or the successful prosecution of an individual involvedin the criminal organization or enterprise; or
(ii) who the Secretary of State and the Attorney General jointlydetermine-
(I) is in possession of critical reliable information concerninga terrorist organization, enterprise, or operation;
(II) is willing to supply or has supplied such information toFederal law enforcement authorities or a Federal court;
(III) will be or has been placed in danger as a result of providingsuch information; and
(IV) is eligible to receive a reward under section 36(a) of theState Department Basic Authorities Act of 1956, and, if the AttorneyGeneral (or with respect to clause (ii), the Secretary of Stateand the Attorney General jointly) considers it to be appropriate,the spouse, married and unmarried sons and daughters, and parentsof an alien described in clause (i) or (ii) if accompanying, orfollowing to join, the alien.
(16) The term 'immigrant visa' means an immigrant visarequired by this Act and properly issued by a consular officerat his office outside of the United States to an eligible immigrantunder the provisions of this Act.
(17) The term 'immigration laws' includes this Actand all laws, conventions, and treaties of the United States relatingto the immigration, exclusion, deportation, expulsion, or removalof aliens.
(18) The term 'immigration officer' means any employeeor class of employees of the Service or of the United States designatedby the Attorney General, individually or by regulation, to performthe functions of an immigration officer specified by this Actor any section thereof.
(19) The term 'ineligible to citizenship,' when usedin reference to any individual, means, notwithstanding the provisionsof any treaty relating to military service, an individual whois, or was at any time, permanently debarred from becoming a citizenof the United States under section 3(a) of the Selective Trainingand Service Act of 1940, as amended (54 Stat. 885; 55 Stat. 844),or under section 4(a) of the Selective Service Act of 1948, asamended (62 Stat. 605; 65 Stat. 76) 50 U.S.C. App. 454, or underany section of this Act, or any other Act, or under any law amendatoryof, supplementary to, or in substitution for, any of such sectionsor Acts.
(20) The term 'lawfully admitted for permanent residence'means the status of having been lawfully accorded the privilegeof residing permanently in the United States as an immigrant inaccordance with the immigration laws, such status not having changed.(21) The term 'national' means a person owing permanentallegiance to a state.
(22) The term 'national of the United States' means(A) a citizen of the United States, or (B) a person who, thoughnot a citizen of the United States, owes permanent allegianceto the United States.
(23) The term 'naturalization' means the conferringof nationality of a state upon a person after birth, by any meanswhatsoever.
(24) was repealed by Sec. 305(m)(1) of the Miscellaneous andTechnical Immigration and Naturalization Amendments of 1991 (P.L.102-232, Dec. 12, 1991, 105 Stat. 1750), effective as if includedin section 407(d) of the Immigration Act of 1990.
(25) The term 'noncombatant service' shall not includeservice in which the individual is not subject to military discipline,court martial, or does not wear the uniform of any branch of thearmed forces.
(26) The term 'nonimmigrant visa' means a visa properlyissued to an alien as an eligible nonimmigrant by a competentofficer as provided in this Act.
(27) The term 'special immigrant' means-
(A) an immigrant, lawfully admitted for permanent residence,who is returning from a temporary visit abroad;
(B) an immigrant who was a citizen of the United States and may,under section 324(a) or 327 of title III, apply for reacquisitionof citizenship;
(C) an immigrant, and the immigrant's spouse and children ifaccompanying or following to join the immigrant, who-
(i) for at least 2 years immediately preceding the time ofapplication for admission, has been a member of a religious denominationhaving a bona fide nonprofit, religious organization in the UnitedStates;
(ii) seeks to enter the United States-
(I) solely for the purpose of carrying on the vocation of a ministerof that religious denomination,
(II) before October 1, 1997, in order to work for the organizationat the request of the organization in a professional capacityin a religious vocation or occupation, or
(III) before October 1, 1997, in order to work for the organization(or for a bona fide organization which is affiliated with thereligious denomination and is exempt from taxation as an organizationdescribed in section 501(c)(3) of the Internal Revenue Code of1986) at the request of the organization in a religious vocationor occupation; and
(iii) has been carrying on such vocation, professional work,or other work continuously for at least the 2-year period describedin clause (i);
(D) an immigrant who is an employee, or an honorably retiredformer employee, of the United States Government abroad, or ofthe American Institute in Taiwan, and who has performed faithfulservice for a total of fifteen years, or more, and his accompanyingspouse and children: Provided, That the principal officer of aForeign Service establishment (or, in the case of the AmericanInstitute in Taiwan, the Director thereof), in his discretion,shall have recommended the granting of special immigrant statusto such alien in exceptional circumstances and the Secretary ofState approves such recommendation and finds that it is in thenational interest to grant such status;
(E) an immigrant, and his accompanying spouse and children, whois or has been an employee of the Panama Canal Company or CanalZone Government before the date on which the Panama Canal Treatyof 1977 (as described in section 3 (a)(1) of the Panama CanalAct of 1979) enters into force, who was resident in the CanalZone on the effective date of the exchange of instruments of ratificationof such Treaty, and who has performed faithful service as suchan employee for one year or more;
(F) an immigrant, and his accompanying spouse and children, whois a Panamanian national and (i) who, before the date on whichsuch Panama Canal Treaty of 1977 enters into force, has been honorablyretired from United States Government employment in the CanalZone with a total of 15 years or more of faithful service, or(ii) who on the date on which such Treaty enters into force, hasbeen employed by the United States Government in the Canal Zonewith a total of 15 years or more of faithful service and who subsequentlyis honorably retired from such employment or continues to be employedby the United States Government in an area of the former CanalZone;
(G) an immigrant, and his accompanying spouse and children, whowas an employee of the Panama Canal Company or Canal Zone governmenton the effective date of the exchange of instruments of ratificationof such Panama Canal Treaty of 1977, who has performed faithfulservice for five years or more as such an employee, and whosepersonal safety, or the personal safety of whose spouse or children,as a direct result of such Treaty, is reasonably placed in dangerbecause of the special nature of any of that employment;
(H) an immigrant, and his accompanying spouse and children, who-
(i) has graduated from a medical school or has qualified to practicemedicine in a foreign state,
(ii) was fully and permanently licensed to practice medicinein a State on January 9, 1978, and was practicing medicine ina State on that date,
(iii) entered the United States as a nonimmigrant under subsection(a)(15)(H) or (a)(15)(J) before January 10, 1978, and
(iv) has been continuously present in the United States in thepractice or study of medicine since the date of such entry;
(I)(i) an immigrant who is the unmarried son or daughter of anofficer or employee, or of a former officer or employee, of aninternational organization described in paragraph (15)(G)(i),and who (I) while maintaining the status of a nonimmigrant underparagraph (15)(G)(iv) or paragraph (15)(N), has resided and beenphysically present in the United States for periods totaling atleast one-half of the seven years before the date of applicationfor a visa or for adjustment of status to a status under thissubparagraph and for a period or periods aggregating at leastseven years between the ages of five and 21 years, and (II) appliesfor a visa or adjustment of status under this subparagraph nolater than his twenty-fifth birthday or six months after the dateof the enactment of the Immigration Technical Corrections Actof 1988, whichever is later;
(ii) an immigrant who is the surviving spouse of a deceased officeror employee of such an international organization, and who (I)while maintaining the status of a nonimmigrant under paragraph(15)(G)(iv) or paragraph (15)(N), has resided and been physicallypresent in the United States for periods totaling at least one-halfof the seven years before the date of application for a visa orfor adjustment of status to a status under this subparagraph andfor a period or periods aggregating at least 15 years before thedate of the death of such officer or employee, and (II) filesa petition for status under this subparagraph no later than sixmonths after the date of such death or six months after the dateof such death or six months after the date of the enactment ofthe Immigration Technical Corrections Act of 1988, whichever islater; The gardens between video game.
(iii) an immigrant who is a retired officer or employee of suchan international organization, and who (I) while maintaining thestatus of a nonimmigrant under paragraph (15)(G)(iv), has residedand been physically present in the United States for periods totalingat least one-half of the seven years before the date of applicationfor a visa or for adjustment of status to a status under thissubparagraph and for a period or periods aggregating at least15 years before the date of the officer or employee's retirementfrom any such international organization, and (II) files a petitionfor status under this subparagraph no later than six months afterthe date of such retirement or six months after the date of enactmentof the Immigration and Nationality Technical Corrections Act of1994, whichever is later; or
(iv) an immigrant who is the spouse of a retired officer or employeeaccorded the status of special immigrant under clause (iii), accompanyingor following to join such retired officer or employee as a memberof his immediate family;
(J) an immigrant (i) who has been declared dependent on a juvenilecourt located in the United States or whom such a court has legallycommitted to, or placed under the custody of, an agency or departmentof a State and who has been deemed eligible by that court forlong-term foster care, and (ii) for whom it has been determinedin administrative or judicial proceedings that it would not bein the alien's best interest to be returned to the alien's orparent's previous country of nationality or country of last habitualresidence; except that no natural parent or prior adoptive parentof any alien provided special immigrant status under this subparagraphshall thereafter, by virtue of such parentage, be accorded anyright, privilege, or status under this Act; or
(K) an immigrant who has served honorably on active duty in theArmed Forces of the United States after October 15, 1978, andafter original lawful enlistment outside the United States (undera treaty or agreement in effect on the date of the enactment ofthis subparagraph) for a period or periods aggregating-
(i) 12 years and who, if separated from such service, was neverseparated except under honorable conditions, or
(ii) 6 years, in the case of an immigrant who is on active dutyat the time of seeking special immigrant status under this subparagraphand who has reenlisted to incur a total active duty service obligationof at least 12 years, and the spouse or child of any such immigrantif accompanying or following to join the immigrant, but only ifthe executive department under which the immigrant serves or servedrecommends the granting of special immigrant status to the immigrant.
(28) The term 'organization' means, but is not limitedto, an organization, corporation, company, partnership, association,trust, foundation or fund; and includes a group of persons, whetheror not incorporated, permanently or temporarily associated togetherwith joint action on any subject or subjects.
(29) The term 'outlying possessions of the United States'means American Samoa and Swains Island.
(30) The term 'passport' means any travel documentissued by competent authority showing the bearer's origin, identity,and nationality if any, which is valid for the admission of thebearer into a foreign country.
(31) The term 'permanent' means a relationship of continuingor lasting nature, as distinguished from temporary, but a relationshipmay be permanent even though it is one that may be dissolved eventuallyat the instance either of the United States or of the individual,in accordance with law.
(32) The term 'profession' shall include but not belimited to architects, engineers, lawyers, physicians, surgeons,and teachers in elementary or secondary schools, colleges, academies,or seminaries.
(33) The term 'residence' means the place of generalabode; the place of general abode of a person means his principal,actual dwelling place in fact, without regard to intent.
(34) The term 'Service' means the Immigration and NaturalizationService of the Department of Justice.
(35) The term 'spouse', 'wife', or 'husband'does not include a spouse, wife, or husband by reason of any marriageceremony where the contracting parties thereto are not physicallypresent in the presence of each other, unless the marriage shallhave been consummated.
(36) The term 'State' includes the District of Columbia,Puerto Rico, Guam, and the Virgin Islands of the United States.
(37) The term 'totalitarian party' means an organizationwhich advocates the establishment in the United States of a totalitariandictatorship or totalitarianism. The terms 'totalitariandictatorship' and 'totalitarianism' mean and referto systems of government not representative in fact, characterizedby (A) the existence of a single political party, organized ona dictatorial basis, with so close an identity between such partyand its policies and the governmental policies of the countryin which it exists, that the party and the government constitutean indistinguishable unit, and (B) the forcible suppression ofopposition to such party.
(38) The term 'United States', except as otherwisespecifically herein provided, when used in a geographical sense,means the continental United States, Alaska, Hawaii, Puerto Rico,Guam, and the Virgin Islands of the United States.
(39) The term 'unmarried', when used in reference toany individual as of any time, means an individual who at suchtime is not married, whether or not previously married.
(40) The term 'world communism' means a revolutionarymovement, the purpose of which is to establish eventually a Communisttotalitarian dictatorship in any or all the countries of the worldthrough the medium of an internationally coordinated Communistpolitical movement.
(41) The term 'graduates of a medical school' meansaliens who have graduated from a medical school or who have qualifiedto practice medicine in a foreign state, other than such alienswho are of national or international renown in the field of medicine.(42) The term 'refugee' means (A) any person who isoutside any country of such person's nationality or, in the caseof a person having no nationality, is outside any country in whichsuch person last habitually resided, and who is unable or unwillingto return to, and is unable or unwilling to avail himself or herselfof the protection of, that country because of persecution or awell-founded fear of persecution on account of race, religion,nationality, membership in a particular social group, or politicalopinion, or (B) in such circumstances as the President after appropriateconsultation (as defined in section 207(e) of this Act) may specify,any person who is within the country of such person's nationalityor, in the case of a person having no nationality, within thecountry in which such person is habitually residing, and who ispersecuted or who has a well-founded fear of persecution on accountof race, religion, nationality, membership in a particular socialgroup, or political opinion. The term 'refugee' doesnot include any person who ordered, incited, assisted, or otherwiseparticipated 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 thisAct, a person who has been forced to abort a pregnancy or to undergoinvoluntary sterilization, or who has been persecuted for failureor refusal to undergo such a procedure or for other resistanceto a coercive population control program, shall be deemed to havebeen persecuted on account of political opinion, and a personwho has a well founded fear that he or she will be forced to undergosuch a procedure or subject to persecution for such failure, refusal,or resistance shall be deemed to have a well founded fear of persecutionon account of political opinion.
(43) The term 'aggravated felony' means-
(A) murder, rape, or sexual abuse of a minor;
(B) illicit trafficking in controlled substance (as describedin section 102 of the Controlled Substances Act), including adrug trafficking crime (as defined in section 924(c) of title18, United States Code);
(C) illicit trafficking in firearms or destructive devices (asdefined in section 921 of title 18, United States Code) or inexplosive materials (as defined in section 841(c) of that title);
(D) an offense described in section 1956 of title 18, UnitedStates Code (relating to laundering of monetary instruments) orsection 1957 of that title (relating to engaging in monetary transactionsin property derived from specific unlawful activity) if the amountof the funds exceeded $10,000;
(E) an offense described in-
(i) section 842 (h) or (i) of title 18, United States Code,or section 844 (d), (e), (f), (g), (h), or (i) of that title (relatingto explosive materials offenses);
(ii) section 922(g) (1), (2), (3), (4), or (5), (j), (n), (o),(p), or (r) or 924 (b) or (h) of title 18, United States Code(relating to firearms offenses); or
(iii) section 5861 of the Internal Revenue Code of 1986 (relatingto firearms offenses);
(F) a crime of violence (as defined in section 16 of title 18,United States Code, but not including a purely political offense)for which the term of imprisonment at least 1 year;
(G) a theft offense (including receipt of stolen property) orburglary offense for which the term of imprisonment at least 1year;
(H) an offense described in section 875, 876, 877, or 1202 oftitle 18, United States Code (relating to the demand for or receiptof ransom);
(I) an offense described in section 2251, 2251A, or 2252 oftitle 18, United States Code (relating to child pornography);
(J) an offense described in section 1962 of title 18, UnitedStates Code (relating to racketeer influenced corrupt organizations,or an offense described in section 1084 (if it is the second orsubsequent offense) or 1955 of that title (relating to gamblingoffenses),) for which a sentence of 1 year imprisonment or moremay be imposed;
(K) an offense that-
(i) relates to the owning, controlling, managing, or supervisingof a prostitution business; or
(ii) is described in section 2421, 2422, 2423, of Title 18, UnitedStates Code (relating to transportation for the purpose of prostitution)if committed for commercial advantage; or
(iii) is described in section 1581, 1582, 1583, 1584, 1585,or 1588of title 18, United States Code (relating to peonage, slavery,and involuntary servitude);
(L) an offense described in-
(i) section 793 (relating to gathering or transmitting nationaldefense information), 798 (relating to disclosure of classifiedinformation), 2153 (relating to sabotage) or 2381 or 2382 (relatingto treason) of title 18, United States Code;
(ii) section 601 of the National Security Act of 1947 (50 U.S.C.421) (relating to protecting the identity of undercover intelligenceagents); or
(iii) section 601 of the National Security Act of 1947 (relatingto protecting the identity of undercover agents);
(M) an offense that-
(i) involves fraud or deceit in which the loss to the victimor victims exceeds $10,000; or
(ii) is described in section 7201 of the Internal Revenue Codeof 1986 (relating to tax evasion) in which the revenue loss tothe Government exceeds $10,000;
(N) an offense described in paragraph (1)(A) or (2) of section274(a) (relating to alien smuggling), except in the case of afirst offense for which the alien has affirmatively shown thatthe 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 Act;
(O) an offense described in section 275(a) or 276 committed byan alien who was previously deported on the basis of a convictionfor an offense described in another subparagraph of this paragraph;
(P) an offense (i) which either is falsely making, forging, counterfeiting,mutilating, or altering a passport or instrument in violationof section 1543 of title 18, United States Code, or is describedin section 1546(a) of such title (relating to document fraud)and (ii) for which the term of imprisonment is at least 12 months,except in the case of a first offense for which the alien hasaffirmatively shown that the alien committed the offense for thepurpose of assisting, abetting, or aiding only the alien's spouse,child, or parent (and no other individual) to violate a provisionof this Act; Ocrkit 15 11 17 download free.
(Q) an offense relating to a failure to appear by a defendantfor service of sentence if the underlying offense is punishableby imprisonment for a term of 5 years or more; and
(R) an offense relating to commercial bribery, counterfeiting,forgery, or trafficking in vehicles the identification numbersof which have been altered for which the term of imprisonmentis at least one year;
(S) an offense relating to obstruction of justice, perjury orsubornation of perjury, or bribery of a witness, for which a sentenceof 5 years' imprisonment or more may be imposed;
(T) an offense relating to a failure to appear before a courtpursuant to a court order to answer to or dispose of a chargeof a felony for which a sentence of 2 years' imprisonment or moremay be imposed; and
(U) an attempt or conspiracy to commit an offense describedin this paragraph.
The term applies to an offense described in this paragraph whetherin violation of Federal or State law and applies to such offensein violation of the law of a foreign country for which the termof imprisonment was completed within the previous 15 years. Notwithstandingany other provision of law (including any effective date), theterm applies regardless of whether the conviction was enteredbefore, on, or after the date of enactment of this paragraph.
(44)(A) The term 'managerial capacity' means an assignmentwithin an organization in which the employee primarily-
(i) manages the organization, or a department, subdivision, function,or component of the organization;
(ii) supervises and controls the work of other supervisory, professional,or managerial employees, or manages an essential function withinthe organization, or a department or subdivision of the organization;
(iii) if another employee or other employees are directly supervised,has the authority to hire and fire or recommend those as wellas other personnel actions (such as promotion and leave authorization)or, if no other employee is directly supervised, functions ata senior level within the organizational hierarchy or with respectto the function managed; and
(iv) exercises discretion over the day-to-day operations of theactivity or function for which the employee has authority. A first-linesupervisor is not considered to be acting in a managerial capacitymerely by virtue of the supervisor's supervisory duties unlessthe employees supervised are professional.
(B) The term 'executive capacity' means an assignmentwithin an organization in which the employee primarily-
(i) directs the management of the organization or a major componentor function of the organization;
(ii) establishes the goals and policies of the organization,component, or function;
(iii) exercises wide latitude in discretionary decision-making;and
(iv) receives only general supervision or direction from higherlevel executives, the board of directors, or stockholders of theorganization.
(C) If staffing levels are used as a factor in determining whetheran individual is acting in a managerial or executive capacity,the Attorney General shall take into account the reasonable needsof the organization, component, or function in light of the overallpurpose and stage of development of the organization, component,or function. An individual shall not be considered to be actingin a managerial or executive capacity (as previously defined)merely on the basis of the number of employees that the individualsupervises or has supervised or directs or has directed.
(45) The term 'substantial' means, for purposes ofparagraph (15)(E) with reference to trade or capital, such anamount of trade or capital as is established by the Secretaryof State, after consultation with appropriate agencies of Government.
(46) The term 'extraordinary ability' means, for purposesof section 101(a)(15)(O)(i), in the case of the arts, distinction.
(47)(A) The term 'order of deportation' means the order of thespecial inquiry officer, or other such administrative officerto whom the Attorney General has delegated the responsibilityfor determining whether an alien is deportable, concluding thatthe alien is deportable or ordering deportation.
(B) The order described under subparagraph (A) shall becomefinal upon the earlier of-
(i) a determination by the Board of Immigration Appeals affirmingsuch order; or
(ii) the expiration of the period in which the alien is permittedto seek review of such order by the Board of Immigration Appeals.
(48)(A) The term 'conviction' means, with respect toan alien, a formal judgment of guilt of the alien entered by acourt or, if adjudication of guilt has been withheld, where-
(i) a judge or jury has found the alien guilty or the alien hasentered a plea of guilty or nolo contendere or has admitted sufficientfacts to warrant a finding of guilt, and
(ii) the judge has ordered some form of punishment, penalty,or restraint on the alien's liberty to be imposed.
(B) Any reference to a term of imprisonment or a sentence withrespect to an offense is deemed to include the period of incarcerationor confinement ordered by a court of law regardless of any suspensionof the imposition or execution of that imprisonment or sentencein whole or in part.
(49) The term 'stowaway' means any alien who obtainstransportation without the consent of the owner, charterer, masteror person in command of any vessel or aircraft through concealmentaboard such vessel or aircraft. A passenger who boards with avalid ticket is not to be considered a stowaway.
(b) As used in titles I and II-
(1) The term 'child' means an unmarried person undertwenty-one years of age who is-
(A) a child born in wedlock;
(B) a stepchild, whether or not born out of wedlock, providedthe child had not reached the age of eighteen years at the timethe marriage creating the status of stepchild occurred;
(C) a child legitimated under the law of the child's residenceor domicile, or under the law of the father's residence or domicile,whether in or outside the United States, if such legitimationtakes place before the child reaches the age of eighteen yearsand the child is in the legal custody of the legitimating parentor parents at the time of such legitimation;
(D) a child born out of wedlock, by, through whom, or on whosebehalf a status, privilege, or benefit is sought by virtue ofthe relationship of the child to its natural mother or to itsnatural father if the father has or had a bona fide parent-childrelationship with the person;
(E) a child adopted while under the age of sixteen years if thechild has been in the legal custody of, and has resided with,the adopting parent or parents for at least two years: Provided,That no natural parent of any such adopted child shall thereafter,by virtue of such parentage, be accorded any right, privilege,or status under this Act; or
(F) a child, under the age of sixteen at the time a petitionis filed in his behalf to accord a classification as an immediaterelative under section 201(b), who is an orphan because of thedeath or disappearance of, abandonment or desertion by, or separationor loss from, both parents, or for whom the sole or survivingparent is incapable of providing the proper care and has in writingirrevocably released the child for emigration and adoption; whohas been adopted abroad by a United States citizen and spousejointly, or by an unmarried United States citizen at least twenty-fiveyears of age, who personally saw and observed the child priorto or during the adoption proceedings; or who is coming to theUnited States for adoption by a United States citizen and spousejointly, or by an unmarried United States citizen at least twenty-fiveyears of age, who have or has complied with the preadoption requirements,if any, of the child's proposed residence: Provided, That theAttorney General is satisfied that proper care will be furnishedthe child if admitted to the United States: Provided further,That no natural parent or prior adoptive parent of any such childshall thereafter, by virtue of such parentage, be accorded anyright, privilege, or status under this Act.
(2) The term 'parent', 'father', or 'mother'means a parent, father, or mother only where the relationshipexists by reason of any of the circumstances set forth in (1)above, except that, for purposes of paragraph (1)(F) (other thanthe second proviso therein) in the case of a child born out ofwedlock described in paragraph (1)(D) (and not described in paragraph(1)(C)), the term 'parent' does not include the naturalfather or the child if the father has disappeared or abandonedor deserted the child or if the father has in writing irrevocablyreleased the child for emigration and adoption.
(3) The term 'person' means an individual or an organization.
(4) The term 'immigration judge' means an attorneywhom the Attorney General appoints as an administrative judgewithin the Executive Office of Immigration Review, qualified toconduct specified classes of proceedings, including a hearingunder section 240. An immigration judge shall be subject to suchsupervision and shall perform such duties as the Attorney Generalshall prescribe, but shall not be employed by the Immigrationand Naturalization Service.
(5) The term 'adjacent islands' includes Saint Pierre,Miquelon, Cuba, the Dominican Republic, Haiti, Bermuda, the Bahamas,Barbados, Jamaica, the Windward and Leeward Islands, Trinidad,Martinique, and other British, French, and Netherlands territoryor possessions in or bordering on the Caribbean Sea.
(c) As used in title III-
(1) The term 'child' means an unmarried person undertwenty-one years of age and includes a child legitimated underthe law of the child's residence or domicile, or under the lawof the father's residence or domicile, whether in the United Statesor elsewhere, and, except as otherwise provided in sections 320,and 321 of title III, a child adopted in the United States, ifsuch legitimation or adoption takes place before the child reachesthe age of sixteen years, and the child is in the legal custodyof the legitimating or adopting parent or parents at the timeof such legitimation or adoption.
(2) The terms 'parent', 'father', and 'mother'include in the case of a posthumous child a deceased parent, father,and mother.
(d) [stricken by Sec. 9(a)(3) of Pub. L. 100-525].
(e) For the purpose of this Act-
(1) The giving, loaning, or promising of support or of moneyor any other thing of value to be used for advocating any doctrineshall constitute the advocating of such doctrine; but nothingin this paragraph shall be construed as an exclusive definitionof advocating.
(2) The giving, loaning, or promising of support or of moneyor any other thing of value for any purpose to any organizationshall be presumed to constitute affiliation therewith; but nothingin this paragraph shall be construed as an exclusive definitionof affiliation.
(3) Advocating the economic, international, and governmentaldoctrines of world communism means advocating the establishmentof a totalitarian Communist dictatorship in any or all of thecountries of the world through the medium of an internationallycoordinated Communist movement.
(f) For the purposes of this Act-No person shall be regardedas, or found to be, a person of good moral character who, duringthe period for which good moral character is required to be established,is, or was-
(1) a habitual drunkard;
(2) stricken by Sec. 2(c)(1) of Pub. L. 97-116.
(3) a member of one or more of the classes of persons, whetherinadmissible or not, described in paragraphs (2)(D), (6)(E), and(9)(A) of section 212(a) of this Act; or subparagraphs (A) and(B) of section 212(a)(2) and subparagraph (C) thereof of suchsection (except as such paragraph relates to a single offenseof simple possession of 30 grams or less of marihuana); if theoffense described therein, for which such person was convictedor of which he admits the commission, was committed during suchperiod;
(4) one whose income is derived principally from illegal gamblingactivities;
(5) one who has been convicted of two or more gambling offensescommitted during such period;
(6) one who has given false testimony for the purpose of obtainingany benefits under this Act;
(7) one who during such period has been confined, as a resultof conviction, to a penal institution for an aggregate periodof one hundred and eighty days or more, regardless of whetherthe offense, or offenses, for which he has been confined werecommitted within or without such period;
(8) one who at any time has been convicted of an aggravated felony(as defined in subsection (a)(43)).
Ipin 1 12 – secure pin & password safe. The fact that any person is not within any of the foregoingclasses shall not preclude a finding that for other reasons suchperson is or was not of good moral character.
(g) For the purposes of this Act any alien ordered deported orremoved (whether before or after the enactment of this Act) whohas left the United States, shall be considered to have been deportedor removed in pursuance of law, irrespective of the source fromwhich the expenses of his transportation were defrayed or of theplace to which he departed.
(h) For purposes of section 212(a)(2)(E), the term 'seriouscriminal offense' means-
(1) any felony;
(2) any crime of violence, as defined in section 16 of title18 of the United States Code; or
(3) any crime of reckless driving or of driving while intoxicatedor under the influence of alcohol or of prohibited substancesif such crime involves personal injury to another.
(47)(A) The term 'order of deportation' means the order of thespecial inquiry officer, or other such administrative officerto whom the Attorney General has delegated the responsibilityfor determining whether an alien is deportable, concluding thatthe alien is deportable or ordering deportation.
(B) The order described under subparagraph (A) shall becomefinal upon the earlier of-
(i) a determination by the Board of Immigration Appeals affirmingsuch order; or
(ii) the expiration of the period in which the alien is permittedto seek review of such order by the Board of Immigration Appeals.
102 APPLICABILITY OF TITLE II TO CERTAINNONIMMIGRANTS
SEC. 102. [8 U.S.C. 1102] Except as otherwise provided in thisAct, for so long as they continue in the nonimmigrant classesenumerated in this section, the provisions of this Act relatingto ineligibility to receive visas and the removal of aliens shallnot be construed to apply to nonimmigrants-
(1) within the class described in paragraph (15)(A)(i) of section101(a), except those provisions relating to reasonable requirementsof passports and visas as a means of identification and documentationnecessary to establish their qualifications under such paragraph(15)(A)(i), and, under such rules and regulations as the Presidentmay deem to be necessary, the provisions of subparagraphs (A)through (C) of section 212(a)(3);
(2) within the class described in paragraph (15)(G)(i) of section101(a), except those provisions relating to reasonable requirementsof passports and visas as a means of identification and documentationnecessary to establish their qualifications under such paragraph(15)(G)(i), and the provisions of subparagraphs (A) through (C)of section 212(a)(3); and
(3) within the classes described in paragraphs (15)(A)(ii), (15)(G)(ii),(15)(G)(iii), or (15)(G)(iv) of section 101(a), except those provisionsrelating to reasonable requirements of passports and visas asa means of identification and documentation necessary to establishtheir qualifications under such paragraphs, and the provisionsof subparagraphs (A) through (C) of section 212(a)(3).
103 POWERS AND DUTIES OF THE ATTORNEYGENERAL AND THE COMMISSIONER
SEC. 103. [8 U.S.C. 1103]
(a)(1) The Attorney General shall be charged with the administrationand enforcement of this Act and all other laws relating to theimmigration and naturalization of aliens, except insofar as thisAct or such laws relate to the powers, functions, and duties conferredupon the President, the Secretary of State, the officers of theDepartment of State, or diplomatic or consular officers: Provided,however, That determination and ruling by the Attorney Generalwith respect to all questions of law shall be controlling.
(2) He shall have control, direction, and supervision of allemployees and of all the files and records of the Service.
(3) He shall establish such regulations; prescribe such formsof bond, reports, entries, and other papers; issue such instructions;and perform such other acts as he deems necessary for carryingout his authority under the provisions of this Act.
(4) He may require or authorize any employee of the Service orthe Department of Justice to perform or exercise any of the powers,privileges, or duties conferred or imposed by this Act or regulationsissued thereunder upon any other employee of the Service.
(5) He shall have the power and duty to control and guard theboundaries and borders of the United States against the illegalentry of aliens and shall, in his discretion, appoint for thatpurpose such number of employees of the Service as to him shallappear necessary and proper.
(6) He is authorized to confer or impose upon any employee ofthe United States, with the consent of the head of the Departmentor other independent establishment under whose jurisdiction theemployee is serving, any of the powers, privileges, or dutiesconferred or imposed by this Act or regulations issued thereunderupon officers or employees of the Service.
(7) He may, with the concurrence of the Secretary of State, establishoffices of the Service in foreign countries; and, after consultationwith the Secretary of State, he may, whenever in his judgmentsuch action may be necessary to accomplish the purposes of thisAct, detail employees of the Service for duty in foreign countries.
(8) In the event the Attorney General determines that an actualor imminent mass influx of aliens arriving off the coast of theUnited States, or near a land border, presents urgent circumstancesrequiring an immediate Federal response, the Attorney Generalmay authorize any State or local law enforcement officer, withthe consent of the head of the department, agency, or establishmentunder whose jurisdiction the individual is serving, to performor exercise any of the powers, privileges, or duties conferredor imposed by this Act or regulations issued thereunder upon officersor employees of the Service.
(9) The Attorney General, in support of persons in administrativedetention in non-Federal institutions, is authorized-
(A) to make payments from funds appropriated for the administrationand enforcement of the laws relating to immigration, naturalization,and alien registration for necessary clothing, medical care, necessaryguard hire, and the housing, care, and security of persons detainedby the Service pursuant to Federal law under an agreement witha State or political subdivision of a State; and
(B) to enter into a cooperative agreement with any State, territory,or political subdivision thereof, for the necessary construction,physical renovation, acquisition of equipment, supplies or materialsrequired to establish acceptable conditions of confinement anddetention services in any State or unit of local government whichagrees to provide guaranteed bed space for persons detained bythe Service.
After consultation with the Secretary of State, the Attorney Generalmay authorize officers of a foreign country to be stationed atpreclearance facilities in the United States for the purpose ofensuring that persons traveling from or through the United Statesto that foreign country comply with that country's immigrationand related laws. Those officers may exercise such authorityand perform such duties as United States immigration officersare authorized to exercise and perform in that foreign countryunder reciprocal agreement, and they shall enjoy such reasonableprivileges and immunities necessary for the performance of theirduties as the government of their country extends to United Statesimmigration officers.
(b)(1) The Attorney General may contract for or buy any interestin land, including temporary use rights, adjacent to or in thevicinity of an international land border when the Attorney Generaldeems the land essential to control and guard the boundaries andborders of the United States against any violation of this Act.
(2) The Attorney General may contract for or buy any interestin land identified pursuant to paragraph (1) as soon as the lawfulowner of that interest fixes a price for it and the Attorney Generalconsiders that price to be reasonable.
(3) When the Attorney General and the lawful owner of an interestidentified pursuant to paragraph (1) are unable to agree upona reasonable price, the Attorney General may commence condemnationproceedings pursuant to the Act of August 1, 1888 (Chapter 728;25 Stat. 357).
(4) The Attorney General may accept for the United States a giftof any interest in land identified pursuant to paragraph (1).
(c) The Commissioner shall be a citizen of the United Statesand shall be appointed by the President, by and with the adviceand consent of the Senate. He shall be charged with any and allresponsibilities and authority in the administration of the Serviceand of this Act which are conferred upon the Attorney Generalas may be delegated to him by the Attorney General or which maybe prescribed by the Attorney General. The Commissioner may enterinto cooperative agreements with State and local enforcement agenciesfor the purpose of assisting in the enforcement of the immigrationlaws.
(d)(1) The Commissioner, in consultation with interested academicians,government agencies, and other parties, shall provide for a systemfor collection and dissemination, to Congress and the public,of information (not in individually identifiable form) usefulin evaluating the social, economic, environmental, and demographicimpact of immigration laws.
(2) Such information shall include information on the alien populationin the United States, on the rates of naturalization and emigrationof resident aliens, on aliens who have been admitted, paroled,or granted asylum, on nonimmigrants in the United States (by occupation,basis for admission, and duration of stay), on aliens who havenot having been admitted or have been removed from the UnitedStates, on the number of applications filed and granted for cancellationof removal, and on the number of aliens estimated to be presentunlawfully in the United States in each fiscal year.
(3) Such system shall provide for the collection and disseminationof such information not less often than annually.
(e)(1) The Commissioner shall submit to Congress annually a reportwhich contains a summary of the information collected under subsection(d) and an analysis of trends in immigration and naturalization.
(2) Each annual report shall include information on the number,and rate of denial administratively, of applications for naturalization,for each district office of the Service and by national origingroup.
(f) The Attorney General shall allocate to each State not fewerthan 10 full-time active duty agents of the Immigration and NaturalizationService to carry out the functions of the Service, in order toensure the effective enforcement of this Act.
104 POWERS AND DUTIES OF THE SECRETARYOF STATE
SEC. 104. [8 U.S.C. 1104]
(a) The Secretary of State shall be charged with the administrationand the enforcement of the provisions of this Act and all otherimmigration and nationality laws relating to (1) the powers, dutiesand functions of diplomatic and consular officers of the UnitedStates, except those powers, duties and functions conferred uponthe consular officers relating to the granting or refusal of visas;(2) the powers, duties and functions of the Administrator; and(3) the determination of nationality of a person not in the UnitedStates. He shall establish such regulations; prescribe such formsof reports, entries and other papers; issue such instructions;and perform such other acts as he deems necessary for carryingout such provisions. He is authorized to confer or impose uponany employee of the United States, with the consent of the headof the department or independent establishment under whose jurisdictionthe employee is serving, any of the powers, functions, or dutiesconferred or imposed by this Act or regulations issued thereunderupon officers or employees of the Department of State or of theAmerican Foreign Service.
(b) The Secretary of State shall designate an Administrator whoshall be a citizen of the United States, qualified by experience. The Administrator shall maintain close liaison with the appropriatecommittees of Congress in order that they may be advised regardingthe administration of this Act by consular officers. The Administratorshall be charged with any and all responsibility and authorityin the administration of this Act which are conferred on the Secretaryof State as may be delegated to the Administrator by the Secretaryof State or which may be prescribed by the Secretary of State,and shall perform such other duties as the Secretary of Statemay prescribe.
(c) Within the Department of State there shall be a PassportOffice, a Visa Office, and such other offices as the Secretaryof State may deem to be appropriate, each office to be headedby a director. The Directors of the Passport Office and the VisaOffice shall be experienced in the administration of the nationalityand immigration laws.
(d) The functions heretofore performed by the Passport Divisionand the Visa Division of the Department of State shall hereafterbe performed by the Passport Office and the Visa Office, respectively.
(e) There shall be a General Counsel of the Visa Office, whoshall be appointed by the Secretary of State and who shall serveunder the general direction of the Legal Adviser of the Departmentof State. The General Counsel shall have authority to maintainliaison with the appropriate officers of the Service with a viewto securing uniform interpretations of the provisions of thisAct.
105 LIAISON WITH INTERNAL SECURITYOFFICERS
SEC. 105. [8 U.S.C. 1105] The Commissioner and the Administratorshall have authority to maintain direct and continuous liaisonwith the Directors of the Federal Bureau of Investigation andthe Central Intelligence Agency and with other internal securityofficers of the Government for the purpose of obtaining and exchanginginformation for use in enforcing the provisions of this Act inthe interest of the internal security of the United States. TheCommissioner and the Administrator shall maintain direct and continuousliaison with each other with a view to a coordinated, uniform,and efficient administration of this Act, and all other immigrationand nationality laws.
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Aggravated Felony
Under INA 101 (a)(43) –
(A) murder, rape, or sexual abuse of a minor;
(B) illicit trafficking in a controlled substance (as defined in section 802 of title 21), including a drug trafficking crime (as defined in section 924(c) of title 18);
(C) illicit trafficking in firearms or destructive devices (as defined in section 921 of title 18) or in explosive materials (as defined in section 841(c) of that title);
(D) an offense described in section 1956 of title 18 (relating to laundering of monetary instruments) or section 1957 of that title (relating to engaging in monetary transactions in property derived from specific unlawful activity) if the amount of the funds exceeded $10,000;
(E) an offense described in –
(i) section 842(h) or (i) of title 18, or section 844(d), (e), (f), (g), (h), or (i) of that title (relating to explosive materials offenses);
(ii) section 922(g)(1), (2), (3), (4), or (5), (j), (n), (o), (p), or (r) or 924(b) or (h) of title 18 (relating to firearms offenses); or
(iii) section 5861 of title 26 (relating to firearms offenses);
(F) a crime of violence (as defined in section 16 of title 18, but not including a purely political offense) for which the term of imprisonment at 2 least one year;
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2 So in original. Probably should be preceded by ``is'.
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(G) a theft offense (including receipt of stolen property) or burglary offense for which the term of imprisonment at 2 least one year;
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(H) an offense described in section 875, 876, 877, or 1202 of title 18 (relating to the demand for or receipt of ransom);
(I) an offense described in section 2251, 2251A, or 2252 of title 18 (relating to child pornography);
(J) an offense described in section 1962 of title 18 (relating to racketeer influenced corrupt organizations), or an offense described in section 1084 (if it is a second or subsequent offense) or 1955 of that title (relating to gambling offenses), for which a sentence of one year imprisonment or more may be imposed;
(K) an offense that –
(i) relates to the owning, controlling, managing, or supervising of a prostitution business;
(ii) is described in section 2421, 2422, or 2423 of title 18 (relating to transportation for the purpose of prostitution) if committed for commercial advantage; or
(iii) is described in section 1581, 1582, 1583, 1584, 1585, or 1588 of title 18 (relating to peonage, slavery, and involuntary servitude);
(L) an offense described in –
(i) section 793 (relating to gathering or transmitting national defense information), 798 (relating to disclosure of classified information), 2153 (relating to sabotage) or 2381 or 2382 (relating to treason) of title 18;
(ii) section 421 of title 50 (relating to protecting the identity of undercover intelligence agents); or
(iii) section 421 of title 50 (relating to protecting the identity of undercover agents);
(M) an offense that –
(i) involves fraud or deceit in which the loss to the victim or victims exceeds $10,000; or
(ii) is described in section 7201 of title 26 (relating to tax evasion) in which the revenue loss to the Government exceeds $10,000;
(N) an offense described in paragraph (1)(A) or (2) of section 1324(a) of this title (relating to alien smuggling), except in the case of a first offense for which the alien has affirmatively shown that the alien committed the offense for the purpose of assisting, abetting, or aiding only the alien's spouse, child, or parent (and no other individual) to violate a provision of this chapter 3
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3 So in original. Probably should be followed by a semicolon.
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(O) an offense described in section 1325(a) or 1326 of this title committed by an alien who was previously deported on the basis of a conviction for an offense described in another subparagraph of this paragraph;
(P) an offense (i) which either is falsely making, forging, counterfeiting, mutilating, or altering a passport or instrument in violation of section 1543 of title 18 or is described in section 1546(a) of such title (relating to document fraud) and (ii) for which the term of imprisonment is at least 12 months, except in the case of a first offense for which the alien has affirmatively shown that the alien committed the offense for the purpose of assisting, abetting, or aiding only the alien's spouse, child, or parent (and no other individual) to violate a provision of this chapter;
(Q) an offense relating to a failure to appear by a defendant for service of sentence if the underlying offense is punishable by imprisonment for a term of 5 years or more;
(R) an offense relating to commercial bribery, counterfeiting, forgery, or trafficking in vehicles the identification numbers of which have been altered for which the term of imprisonment is at least one year;
(S) an offense relating to obstruction of justice, perjury or subornation of perjury, or bribery of a witness, for which the term of imprisonment is at least one year;
(T) an offense relating to a failure to appear before a court pursuant to a court order to answer to or dispose of a charge of a felony for which a sentence of 2 years' imprisonment or more may be imposed; and