Sec. 217. Visa waiver pilot program for certain visitors. CHAPTER 4-PROVISIONS RELATING TO ENTRY AND EXCLUSION Sec. 231. Lists of alien and citizen passengers arriving or departing; record of resident aliens and citizens leaving permanently for foreign country. Detention of aliens for observation and examination. Sec. 232. Immediate deportation of aliens excluded from admission or entering in Entry through or from foreign contiguous territory and adjacent islands; Designation of ports of entry for aliens arriving by civil aircraft. CHAPTER 5-DEPORTATION; ADJUSTMENT OF STATUS General classes of deportable aliens. Apprehension and deportation of aliens. 1 Expedited Procedures for deportation of aliens convicted of commit- Countries to which aliens shall be deported; cost of deportation. Adjustment of status of nonimmigrant to that of person admitted for per- Adjustment of status of certain entrants before January 1, 1982, to that Sec. 246. Rescission of adjustment of status. H Sec. 247. Adjustment of status of certain resident aliens to nonimmigrant status. Sec. 249. Sec. 248. Record of admission for permanent residence in the case of certain aliens Sec. 250. Removal of aliens who have fallen into distress. CHAPTER 6-SPECIAL PROVISIONS RELATING TO ALIEN CREWMEN Lists of alien crewmen; reports of illegal landings. Sec. 251. Sec. 252. Conditional permits to land temporarily. Hospital treatment of alien crewmen afflicted with certain diseases. Employment on passenger vessels of aliens afflicted with certain disabil- Discharge of alien crewmen. Bringing alien crewmen into United States with intent to evade immigra- CHAPTER 8-GENERAL PENALTY PROVISIONS Prevention of unauthorized landing of aliens. Bringing in alien subject to disability or afflicted with disease. Unlawful employment of aliens. Unfair immigration-related employment practices. Entry of alien at improper time or place; misrepresentation and concea ment of facts. Reentry of deported alien. Aiding or assisting certain aliens to enter the United States. Collection of penalties and expenses. CHAPTER 9-MISCELLANEOUS Sec. 281. Sec. 282. Sec. 284. Sec. 285. Sec. 288. Sec. 290. Sec. 291. Sec. 292. Sec. 293. Nonimmigrant visa fees. Printing of reentry permits and blank forms of manifests and crew list Disposal of privileges at immigrant stations. Disposition of moneys collected under the provisions of this title. Central file; information from other departments and agencies. Right to counsel. Deposit of and interest on cash received to secure immigration bonds. TITLE III-NATIONALITY AND NATURALIZATION CHAPTER 1-NATIONALITY AT BIRTH AND BY COLLECTIVE NATURALIZATION Sec. 301. Nationals but not citizens at birth. Children born out of wedlock. CHAPTER 2-NATIONALITY THROUGH NATURALIZATION Jurisdiction to naturalize. Eligibility for naturalization. Requirements as to understanding the English language, history, princ ples and form of government of the United States. Prohibition upon the naturalization of persons opposed to government o Ineligibility to naturalization of deserters from the Armed Forces of th Alien relieved from training and service in the Armed Forces of th Temporary absence of persons performing religious duties. Married persons and employees of certain nonprofit organizations. Children born outside of United States of alien parent. Child born outside of United States; naturalization on petition of citize parent; requirements and exemptions. [Sec. 323. Repealed.] Sec. 324. Sec. 325. Sec. 326. Sec. 327. Sec. 328. Sec. 330. Sec. 337. Former citizens regaining United States citizenship. Nationals but not citizens of the United States; residence within outlying Resident Philippine citizens excepted from certain requirements. Naturalization through service in the Armed Forces of the United States. Constructive residence through service on certain United States vessels. Petition for naturalization; declaration of intention. Investigation of petitioners; preliminary examinations on petitions. Certificate of naturalization; contents. Sec. 339. Functions and duties of clerks. Sec. 340. Sec. 341. Sec. 342. Sec. 344. Sec. 346. Sec. 347. Revocation of naturalization. Certificates of citizenship or U.S. non-citizen national status; procedure. Mail relating to naturalization transmitted free of postage and Publication and distribution of citizenship textbooks from naturalization fees. Compilation of naturalization statistics and payment for equipment. Admissibility in evidence of testimony as to statements voluntarily made to officers or employees in the course of their official duties. CHAPTER 3-LOSS OF NATIONALITY Sec. 349. Loss of nationality by native-born or naturalized citizen. [Sec. 350. Repealed.] Sec. 351. Restrictions on expatriation. [Sec. 352. Repealed.] Sec. 353. Repealed.] Sec. 354. Repealed.] [Sec. 355. Repealed.] Sec. 356. Nationality lost solely from performance of acts or fulfillment of Certificate of diplomatic or consular officer as to loss of American nationality. Certificate of nationality for a person not a naturalized citizen for use in proceedings of a foreign state. Judicial proceedings for declaration of United States nationality in event of denial of rights and privileges as national. TITLE IV-MISCELLANEOUS AND REFUGEE ASSISTANCE 2 Section repealed without corresponding change in Table of Contents. Sec. 407. Effective date. CHAPTER 2-REFUGEE ASSISTANCE Sec. 411. Office of Refugee Resettlement. Sec. 412. Authorization for programs for domestic resettlement of and assistance to refugees. Sec. 413. Congressional reports. Sec. 414. Authorization of appropriations. TITLE I-GENERAL DEFINITIONS SECTION 101. [8 U.S.C. 1101] (a) As used in this Act (1) The term "administrator" means the Assistant Secretary of State for Consular Affairs. (2) The term "advocates" includes, but is not limited to, advises, recommends, furthers by overt act, and admits belief in. (3) The term "alien" means any person not a citizen or national of the United States. (4) The term "application for admission" has reference to the application for admission into the United States and not to the application for the issuance of an immigrant or nonimmigrant visa. (5) The term "Attorney General" means the Attorney General of the United States. (6) The term "border crossing identification card" means a document of identity bearing that designation issued to an alien who is lawfully admitted for permanent residence, or to an alien who is a resident in foreign contiguous territory, by a consular officer or an immigration officer for the purpose of crossing over the borders between the United States and foreign contiguous territory in accordance with such conditions for its issuance and use as may be prescribed by regulations. (7) The term "clerk of court" means a clerk of a naturalization court. (8) The terms "Commissioner" and "Deputy Commissioner" mean the Commissioner of Immigration and Naturalization and a Deputy Commissioner of Immigration and Naturalization, respectively. (9) The term "consular officer" means any consular, diplomatic, or other officer of the United States designated under regulations 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 any capacity on board a vessel or aircraft. (11) The term "diplomatic visa" means a nonimmigrant visa bearing that title and issued to a nonimmigrant in accordance with such regulations as the Secretary of State may prescribe. (12) The term "doctrine" includes, but is not limited to, policies, practices, purposes, aims, or procedures. (13) The term "entry" means any coming of an alien into the United States, from a foreign port or place or from an outlying possession, whether voluntarily or otherwise, except that an alien having a lawful permanent residence in the United States shall not be regarded as making an entry into the United States for the purposes of the immigration laws if the alien proves to the satisfaction of the Attorney General that his departure to a foreign port or place or to an outlying possession was not intended or reasonably to be expected by him or his presence in a foreign port or place or in an outlying possession was not voluntary: Provided, That no person whose departure from the United States was occasioned by deportation proceedings, extradition, or other legal process shall be held to be entitled to such exception. (14) The term "foreign state" includes outlying possessions of a foreign state, but self-governing dominions and territories under mandate or trusteeship shall be regarded as separate foreign states. (15) The term "immigrant" means every alien except an alien who is within one of the following classes of nonimmigrant aliens 3. (A)(i) an ambassador, public minister, or career diplomatic or consular officer who has been accredited by a foreign government recognized de jure by the United States and who is accepted by the President or by the Secretary of State, and the members of the alien's immediate family; 4 (ii) upon a basis of reciprocity, other officials and employees who have been accredited by a foreign government recognized de jure by the United States, who are accepted by the Secretary of State, and the members of their immediate families; and (iii) upon a basis of reciprocity, attendants, servants, personal employees, and members of their immediate families, of the officials and employees who have a nonimmigrant status under (i) and (ii) above; (B) an alien (other than one coming for the purpose of study or of performing skilled or unskilled labor or as a representative of foreign press, radio, film, or other foreign information media coming to engage in such vocation) having a residence in a foreign country which he has no intention of abandoning and who is visiting the United States temporarily for business or temporarily for pleasure; (C) an alien in immediate and continuous transit through the United States, or an alien who qualifies as a person entitled to pass in transit to and from the United Nations Headquarters District and foreign countries, under the provisions of paragraphs (3), (4), and (5) of section 11 of the Headquarters Agreement with the United Nations (61 Stat. 758); 5 3 See Appendix VIII. D., p. 386, for visa symbols applicable to specific classes of aliens. For provisions relating to change of status of 101(a)(15)(A) (i) or (ii) foreign government officials, see footnote 120, pp. 119-120. For study and report concerning the status of individuals with diplomatic immunity in the United States, see § 137 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Pub. L. 100-204, 101 Stat. 1345). 5 Section 11 of the Agreement (22 U.S.C. 287 note) reads as follows: Section 11. The federal, state or local authorities of the United States shall not impose any impediments to transit to or from the headquarters district of (1) representatives of Members or officials of the United Nations, or of specialized agencies as defined in Article 57, paragraph 2, of the Charter, or the families of such representatives or officials, (2) experts performing missions for the United Nations or for such specialized agencies, (3) representatives of the press, or of radio, film or other information agencies, who have been accredited by the United Nations (or by such a specialized agency) in its discretion after consultation with the United States, (4) representatives of nongovernmental organizations recognized by the United Nations for the pur Continued |