§ 1182. Inadmissible aliens

Subsec. (a)(3)(B)(iii). Pub. L. 107–56, § 411(a)(1)(E)(i), inserted “it had been” before “committed in the United States” in introductory provisions.

Pub. L. 107–56, § 411(a)(1)(B), redesignated cl. (ii) as (iii). Former cl. (iii) redesignated (iv).

Subsec. (a)(3)(B)(iii)(V)(b). Pub. L. 107–56, § 411(a)(1)(E)(ii), substituted “, firearm, or other weapon or dangerous device” for “or firearm”.

Subsec. (a)(3)(B)(iv). Pub. L. 107–56, § 411(a)(1)(F), reenacted heading without change and amended text of cl. (iv) generally. Prior to amendment, text read as follows: “As used in this chapter, the term ‘engage in terrorist activity’ means to commit, in an individual capacity or as a member of an organization, an act of terrorist activity or an act which the actor knows, or reasonably should know, affords material support to any individual, organization, or government in conducting a terrorist activity at any time, including any of the following acts:

“(I) The preparation or planning of a terrorist activity.

“(II) The gathering of information on potential targets for terrorist activity.

“(III) The providing of any type of material support, including a safe house, transportation, communications, funds, false documentation or identification, weapons, explosives, or training, to any individual the actor knows or has reason to believe has committed or plans to commit a terrorist activity.

“(IV) The soliciting of funds or other things of value for terrorist activity or for any terrorist organization.

“(V) The solicitation of any individual for membership in a terrorist organization, terrorist government, or to engage in a terrorist activity.”

Pub. L. 107–56, § 411(a)(1)(B), redesignated cl. (iii) as (iv). Former cl. (iv) redesignated (v).

Subsec. (a)(3)(B)(v). Pub. L. 107–56, § 411(a)(1)(B), redesignated cl. (iv) as (v).

Subsec. (a)(3)(B)(vi). Pub. L. 107–56, § 411(a)(1)(G), added cl. (vi).

Subsec. (a)(3)(F). Pub. L. 107–56, § 411(a)(2), added subpar. (F).

2000—Subsec. (a)(2)(H). Pub. L. 106–386, § 111(d), added subpar. (H).

Subsec. (a)(5)(A)(iv). Pub. L. 106–313, § 106(c)(2), added cl. (iv).

Subsec. (a)(6)(C)(ii). Pub. L. 106–395, § 201(b)(2), amended heading and text of cl. (ii) generally. Prior to amendment, text read as follows: “Any alien who falsely represents, or has falsely represented, himself or herself to be a citizen of the United States for any purpose or benefit under this chapter (including section 1324a of this title) or any other Federal or State law is inadmissible.”

Subsec. (a)(7)(B)(iv). Pub. L. 106–396 struck out “pilot” before “program” in heading and text.

Subsec. (a)(9)(C)(ii). Pub. L. 106–386, § 1505(a), inserted at end “The Attorney General in the Attorney General’s discretion may waive the provisions of subsection (a)(9)(C)(i) of this section in the case of an alien to whom the Attorney General has granted classification under clause (iii), (iv), or (v) of section 1154(a)(1)(A) of this title, or classification under clause (ii), (iii), or (iv) of section 1154(a)(1)(B) of this title, in any case in which there is a connection between—” and added subcls. (1) and (2).

Subsec. (a)(10)(D). Pub. L. 106–395, § 201(b)(1), amended heading and text of subpar. (D) generally. Prior to amendment, text read as follows: “Any alien who has voted in violation of any Federal, State, or local constitutional provision, statute, ordinance, or regulation is inadmissible.”

Subsec. (d)(13). Pub. L. 106–386, § 1513(e), added par. (13) relating to Attorney General’s determination whether a ground for inadmissibility exists with respect to a nonimmigrant described in section 1101(a)(15)(U) of this title.

Pub. L. 106–386, § 107(e)(3), added par. (13) relating to Attorney General’s determination whether a ground for inadmissibility exists with respect to a nonimmigrant described in section 1101(a)(15)(T) of this title.

Subsec. (g)(1)(C). Pub. L. 106–386, § 1505(d), added subpar. (C).

Subsec. (h)(1)(C). Pub. L. 106–386, § 1505(e), added subpar. (C).

Subsec. (i)(1). Pub. L. 106–386, § 1505(c)(1), inserted before period at end “or, in the case of an alien granted classification under clause (iii) or (iv) of section 1154(a)(1)(A) of this title or clause (ii) or (iii) of section 1154(a)(1)(B) of this title, the alien demonstrates extreme hardship to the alien or the alien’s United States citizen, lawful permanent resident, or qualified alien parent or child”.

Subsec. (n)(1)(E)(ii). Pub. L. 106–313, § 107(a), substituted “October 1, 2003” for “October 1, 2001”.

Subsec. (p). Pub. L. 106–386, § 1505(f), added subsec. (p) relating to consideration of benefits received as battered alien in determination of inadmissibility as likely to become public charge.

1999—Subsec. (a)(2)(C). Pub. L. 106–120 amended heading and text of subpar. (C) generally. Prior to amendment, text read as follows: “Any alien who the consular or immigration officer knows or has reason to believe is or has been an illicit trafficker in any such controlled substance or is or has been a knowing assister, abettor, conspirator, or colluder with others in the illicit trafficking in any such controlled substance, is inadmissible.”

Subsec. (a)(5)(C). Pub. L. 106–95, § 4(a)(2), substituted “Subject to subsection (r), any alien who seeks” for “Any alien who seeks” in introductory provisions.

Subsec. (m). Pub. L. 106–95, § 2(b), amended subsec. (m) generally, adding provisions providing that no more than 33 percent of a facility’s workforce may be nonimmigrant aliens and making issuance of visas dependent upon State populations, and revising period of admission from a maximum of 6 years to 3 years.

Subsec. (r). Pub. L. 106–95, § 4(a)(1), added subsec. (r).

1998—Subsec. (a)(2)(G). Pub. L. 105–292 added subpar. (G).

Subsec. (a)(10)(C)(ii), (iii). Pub. L. 105–277, § 2226(a), added cls. (ii) and (iii) and struck out heading and text of former cl. (ii). Text read as follows: “Clause (i) shall not apply so long as the child is located in a foreign state that is a party to the Hague Convention on the Civil Aspects of International Child Abduction.”

Subsec. (n)(1). Pub. L. 105–277, § 412(b)(2), substituted “an H–1B nonimmigrant” for “a nonimmigrant described in section 1101(a)(15)(H)(i)(b) of this title” in introductory provisions.

Pub. L. 105–277, § 412(a)(2), (3), inserted at end “The application form shall include a clear statement explaining the liability under subparagraph (F) of a placing employer if the other employer described in such subparagraph displaces a United States worker as described in such subparagraph. Nothing in subparagraph (G) shall be construed to prohibit an employer from using legitimate selection criteria relevant to the job that are normal or customary to the type of job involved, so long as such criteria are not applied in a discriminatory manner.”

Subsec. (n)(1)(A)(i). Pub. L. 105–277, § 412(b)(2), substituted “an H–1B nonimmigrant” for “a nonimmigrant described in section 1101(a)(15)(H)(i)(b) of this title” in introductory provisions.

Subsec. (n)(1)(C)(ii). Pub. L. 105–277, § 412(c), amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: “if there is no such bargaining representative, has posted notice of filing in conspicuous locations at the place of employment.”

Subsec. (n)(1)(E) to (G). Pub. L. 105–277, § 412(a)(1), added subpars. (E) to (G).

Subsec. (n)(2)(A). Pub. L. 105–277, § 413(b)(2), substituted “Subject to paragraph (5)(A), the Secretary” for “The Secretary” in first sentence.

Subsec. (n)(2)(C). Pub. L. 105–277, § 413(a), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “If the Secretary finds, after notice and opportunity for a hearing, a failure to meet a condition of paragraph (1)(B), a substantial failure to meet a condition of paragraphs (1)(C) or (1)(D), a willful failure to meet a condition of paragraph (1)(A), or a misrepresentation of material fact in an application—

“(i) the Secretary shall notify the Attorney General of such finding and may, in addition, impose such other administrative remedies (including civil monetary penalties in an amount not to exceed $1,000 per violation) as the Secretary determines to be appropriate, and

“(ii) the Attorney General shall not approve petitions filed with respect to that employer under section 1154 or 1184(c) of this title during a period of at least 1 year for aliens to be employed by the employer.”

Subsec. (n)(2)(E). Pub. L. 105–277, § 413(c), added subpar. (E).

Subsec. (n)(2)(F). Pub. L. 105–277, § 413(d), added subpar. (F).

Subsec. (n)(2)(G). Pub. L. 105–277, § 413(e), temporarily added subpar. (G). See Effective and Termination Dates of 1998 Amendment note below.

Subsec. (n)(2)(H). Pub. L. 105–277, § 413(f), added subpar. (H).

Subsec. (n)(3), (4). Pub. L. 105–277, § 412(b)(1), added pars. (3) and (4).

Subsec. (n)(5). Pub. L. 105–277, § 413(b)(1), added par. (5).

Subsec. (p). Pub. L. 105–277, § 415(a), added subsec. (p) relating to computation of prevailing wage level.

Subsec. (q). Pub. L. 105–277, § 431(a), added subsec. (q).

1997—Subsec. (a)(1)(A)(ii). Pub. L. 105–73, § 1(1), inserted “except as provided in subparagraph (C),” after “(ii)”.

Subsec. (a)(1)(C). Pub. L. 105–73, § 1(2), added subpar. (C).

1996—Pub. L. 104–208, § 308(d)(1)(A), amended section catchline.

Subsec. (a). Pub. L. 104–208, § 308(d)(1)(C), substituted “is inadmissible” for “is excludable” wherever appearing in pars. (1) to (5), (6)(C) to (E), (G), (7), (8), (10)(A), (C)(i), (D), and (E).

Pub. L. 104–208, § 308(d)(1)(B), substituted “aliens ineligible for visas or admission” for “excludable aliens” in heading and substituted “Except as otherwise provided in this chapter, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:” for “Except as otherwise provided in this chapter, the following describes classes of excludable aliens who are ineligible to receive visas and who shall be excluded from admission into the United States:” in introductory provisions.

Subsec. (a)(1)(A)(ii) to (iv). Pub. L. 104–208, § 341(a), added cl. (ii) and redesignated former cls. (ii) and (iii) as (iii) and (iv), respectively.

Subsec. (a)(2)(B). Pub. L. 104–208, § 322(a)(2)(B), struck out “actually imposed” after “confinement”.

Subsec. (a)(2)(D)(i), (ii). Pub. L. 104–208, § 308(f)(1)(C), substituted “admission” for “entry”.

Subsec. (a)(3)(B)(i)(I). Pub. L. 104–132, § 411(1)(A), struck out “or” at end.

Subsec. (a)(3)(B)(i)(II). Pub. L. 104–132, § 411(1)(B), inserted “is engaged in or” after “ground to believe,”.

Subsec. (a)(3)(B)(i)(III). Pub. L. 104–208, § 342(a)(2), added subcl. (III). Former subcl. (III) redesignated (IV).

Pub. L. 104–132, § 411(1)(C), added subcl. (III).

Subsec. (a)(3)(B)(i)(IV). Pub. L. 104–208, § 355, inserted “which the alien knows or should have known is a terrorist organization” after “1189 of this title,”.

Pub. L. 104–208, § 342(a)(1), redesignated subcl. (III) as (IV). Former subcl. (IV) redesignated (V).

Pub. L. 104–132, § 411(1)(C), added subcl. (IV).

Subsec. (a)(3)(B)(i)(V). Pub. L. 104–208, § 342(a)(1), redesignated subcl. (IV) as (V).

Subsec. (a)(3)(B)(iii)(III). Pub. L. 104–208, § 342(a)(3), inserted “documentation or” before “identification”.

Subsec. (a)(3)(B)(iv). Pub. L. 104–132, § 411(2), added cl. (iv).

Subsec. (a)(4). Pub. L. 104–208, § 531(a), amended heading and text of par. (4) generally. Prior to amendment, text read as follows: “Any alien who, in the opinion of the consular officer at the time of application for a visa, or in the opinion of the Attorney General at the time of application for admission or adjustment of status, is likely at any time to become a public charge is excludable.”

Pub. L. 104–208, § 305(c), which directed amendment of par. (4) by substituting “1227(a)(5)(B)” for “1251(a)(5)(B)” each place it appears, could not be executed because “1251(a)(5)(B)” did not appear in par. (4).

Subsec. (a)(5)(A)(iii). Pub. L. 104–208, § 624(a), added cl. (iii).

Subsec. (a)(5)(C). Pub. L. 104–208, § 343(2), added subpar. (C). Former subpar. (C) redesignated (D).

Pub. L. 104–208, § 308(d)(1)(D), substituted “inadmissibility” for “exclusion”.

Subsec. (a)(5)(D). Pub. L. 104–208, § 343(1), redesignated subpar. (C) as (D).

Subsec. (a)(6)(A). Pub. L. 104–208, § 301(c)(1), amended heading and text generally. Prior to amendment, text read as follows: “Any alien who has been excluded from admission and deported and who again seeks admission within one year of the date of such deportation is excludable, unless prior to the alien’s reembarkation at a place outside the United States or attempt to be admitted from foreign contiguous territory the Attorney General has consented to the alien’s reapplying for admission.”

Subsec. (a)(6)(B). Pub. L. 104–208, § 301(c)(1), amended heading and text generally. Prior to amendment, text read as follows: “Any alien who—

“(i) has been arrested and deported,

“(ii) has fallen into distress and has been removed pursuant to this chapter or any prior Act,

“(iii) has been removed as an alien enemy, or

“(iv) has been removed at Government expense in lieu of deportation pursuant to section 1252(b) of this title,

and (a) who seeks admission within 5 years of the date of such deportation or removal, or (b) who seeks admission within 20 years in the case of an alien convicted of an aggravated felony, is excludable, unless before the date of the alien’s embarkation or reembarkation at a place outside the United States or attempt to be admitted from foreign contiguous territory the Attorney General has consented to the alien’s applying or reapplying for admission.”

Subsec. (a)(6)(C)(i). Pub. L. 104–208, § 308(f)(1)(D), substituted “admission” for “entry”.

Subsec. (a)(6)(C)(ii), (iii). Pub. L. 104–208, § 344(a), added cl. (ii) and redesignated former cl. (ii) as (iii).

Subsec. (a)(6)(F). Pub. L. 104–208, § 345(a)(1), amended heading and text of subpar. (F) generally. Prior to amendment, text read as follows: “An alien who is the subject of a final order for violation of section 1324c of this title is excludable.”

Subsec. (a)(6)(G). Pub. L. 104–208, § 346(a), added subpar. (G).

Subsec. (a)(9). Pub. L. 104–208, § 301(b)(1), added par. (9). Former par. (9) redesignated (10).

Subsec. (a)(10). Pub. L. 104–208, § 301(b)(1), redesignated par. (9) as (10).

Subsec. (a)(10)(B). Pub. L. 104–208, § 308(c)(2)(B), amended heading and text of subpar. (B) generally. Prior to amendment, text read as follows: “Any alien accompanying another alien ordered to be excluded and deported and certified to be helpless from sickness or mental or physical disability or infancy pursuant to section 1227(e) of this title, whose protection or guardianship is required by the alien ordered excluded and deported, is excludable.”

Subsec. (a)(10)(D). Pub. L. 104–208, § 347(a), added subpar. (D).

Subsec. (a)(10)(E). Pub. L. 104–208, § 352(a), added subpar. (E).

Subsec. (b). Pub. L. 104–208, § 308(d)(1)(F), which directed amendment of par. (2) by striking “or ineligible for entry”, was executed by striking the language in par. (1)(B) before “or adjustment”, to reflect the probable intent of Congress and the intervening redesignation of par. (2) as par. (1)(B) by Pub. L. 104–132, § 412(1). See below.

Pub. L. 104–208, § 308(d)(1)(E), substituted “inadmissible” for “excludable” wherever appearing.

Pub. L. 104–132, § 412, designated existing provisions as par. (1), substituted “Subject to paragraphs (2) and (3), if” for “If”, redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, realigned margins, and added pars. (2) and (3).

Subsec. (c). Pub. L. 104–208, § 304(b), struck out subsec. (c) which read as follows: “Aliens lawfully admitted for permanent residence who temporarily proceeded abroad voluntarily and not under an order of deportation, and who are returning to a lawful unrelinquished domicile of seven consecutive years, may be admitted in the discretion of the Attorney General without regard to the provisions of subsection (a) of this section (other than paragraphs (3) and (9)(C)). Nothing contained in this subsection shall limit the authority of the Attorney General to exercise the discretion vested in him under section 1181(b) of this title. This subsection shall not apply to an alien who is deportable by reason of having committed any criminal offense covered in section 1227(a)(2)(A)(iii), (B), (C), or (D) of this title, or any offense covered by section 1227(a)(2)(A)(ii) of this title for which both predicate offenses are, without regard to the date of their commission, otherwise covered by section 1227(a)(2)(A)(i) of this title.”

Pub. L. 104–132, § 440(d)(2), as amended by Pub. L. 104–208, §§ 306(d), 308(g)(1), (10)(H), substituted “is deportable by reason of having committed any criminal offense covered in section 1227(a)(2)(A)(iii), (B), (C), or (D) of this title, or any offense covered by section 1227(a)(2)(A)(ii) of this title for which both predicate offenses are, without regard to the date of their commission, otherwise covered by section 1227(a)(2)(A)(i) of this title.” for “has been convicted of one or more aggravated felonies and has served for such felony or felonies a term of imprisonment of at least 5 years.”

Pub. L. 104–132, § 440(d)(1), substituted “This” for “The first sentence of this” in third sentence.

Subsec. (d)(1). Pub. L. 104–208, § 308(e)(1)(B), substituted “removal” for “deportation”.

Pub. L. 104–208, § 308(d)(1)(D), substituted “inadmissibility” for “exclusion”.

Subsec. (d)(3). Pub. L. 104–208, § 308(d)(1)(E), substituted “inadmissible aliens” for “excludable aliens”.

Subsec. (d)(4). Pub. L. 104–208, § 308(g)(1), substituted “section 1223(c)” for “section 1228(c)”.

Subsec. (d)(5)(A). Pub. L. 104–208, § 602(a), substituted “only on a case-by-case basis for urgent humanitarian reasons or significant public benefit” for “for emergent reasons or for reasons deemed strictly in the public interest”.

Subsec. (d)(7). Pub. L. 104–208, § 308(g)(4)(B), substituted “section 1231(c)” for “section 1227(a)”.

Pub. L. 104–208, § 308(e)(2)(A), substituted “removed” for “deported”.

Pub. L. 104–208, § 308(d)(1)(G), substituted “denied admission” for “excluded from admission”.

Subsec. (d)(11). Pub. L. 104–208, § 671(e)(3), inserted comma after “(4) thereof)”.

Pub. L. 104–208, § 351(a), inserted “an individual who at the time of such action was” after “aided only”.

Pub. L. 104–208, § 308(e)(1)(C), substituted “removal” for “deportation”.

Subsec. (d)(12). Pub. L. 104–208, § 345(a)(2), added par. (12).

Subsec. (e). Pub. L. 104–208, § 622(b), inserted “, or in the case of a waiver requested by an interested United States Government agency on behalf of an alien described in clause (iii),” before “the waiver shall be subject to”.

Subsec. (f). Pub. L. 104–208, § 124(b)(1), inserted at end “Whenever the Attorney General finds that a commercial airline has failed to comply with regulations of the Attorney General relating to requirements of airlines for the detection of fraudulent documents used by passengers traveling to the United States (including the training of personnel in such detection), the Attorney General may suspend the entry of some or all aliens transported to the United States by such airline.”

Subsec. (g). Pub. L. 104–208, § 341(b), substituted a semicolon for “, or” at end of par. (1)(B), inserted “in accordance with such terms, conditions, and controls, if any, including the giving of bond, as the Attorney General, in the discretion of the Attorney General after consultation with the Secretary of Health and Human Services, may by regulation prescribe;” as par. (1) concluding provisions, and substituted pars. (2) and (3) for former par. (2) and concluding provisions which read as follows:

“(2) subsection (a)(1)(A)(ii) of this section in the case of any alien,

in accordance with such terms, conditions, and controls, if any, including the giving of bond, as the Attorney General, in his discretion after consultation with the Secretary of Health and Human Services, may by regulation prescribe.”

Subsec. (h). Pub. L. 104–208, § 348(a), inserted at end of concluding provisions “No waiver shall be granted under this subsection in the case of an alien who has previously been admitted to the United States as an alien lawfully admitted for permanent residence if either since the date of such admission the alien has been convicted of an aggravated felony or the alien has not lawfully resided continuously in the United States for a period of not less than 7 years immediately preceding the date of initiation of proceedings to remove the alien from the United States. No court shall have jurisdiction to review a decision of the Attorney General to grant or deny a waiver under this subsection.”

Pub. L. 104–208, § 308(g)(10)(A), which directed substitution of “paragraphs (1) and (2) of section 1229b(a) of this title” for “subsection (c) of this section”, could not be executed because the language “subsection (c) of this section” did not appear.

Subsec. (h)(1)(A)(i). Pub. L. 104–208, § 308(f)(1)(E), substituted “admission” for “entry”.

Pub. L. 104–208, § 308(d)(1)(E), substituted “inadmissible” for “excludable” in two places.

Subsec. (h)(1)(B). Pub. L. 104–208, § 308(d)(1)(H), substituted “denial of admission” for “exclusion”.

Subsec. (i). Pub. L. 104–208, § 349, amended subsec. (i) generally. Prior to amendment, subsec. (i) read as follows: “The Attorney General may, in his discretion, waive application of clause (i) of subsection (a)(6)(C) of this section—

“(1) in the case of an immigrant who is the spouse, parent, or son or daughter of a United States citizen or of an immigrant lawfully admitted for permanent residence, or

“(2) if the fraud or misrepresentation occurred at least 10 years before the date of the immigrant’s application for a visa, entry, or adjustment of status and it is established to the satisfaction of the Attorney General that the admission to the United States of such immigrant would not be contrary to the national welfare, safety, or security of the United States.”

Subsec. (j)(1)(D). Pub. L. 104–208, § 308(f)(1)(F), substituted “admission” for “entry” in introductory provisions.

Subsec. (j)(1)(D)(ii). Pub. L. 104–208, § 308(f)(3)(A), substituted “is admitted to” for “enters”.

Subsec. (k). Pub. L. 104–208, § 308(d)(1)(E), substituted “inadmissible” for “excludable”.

Pub. L. 104–208, § 308(d)(1)(D), substituted “inadmissibility” for “exclusion”.

Subsec. (l)(2)(B). Pub. L. 104–208, § 308(e)(6), substituted “removal of” for “deportation against”.

1994—Subsec. (a)(2)(A)(i)(I). Pub. L. 103–416, § 203(a)(1), inserted “or an attempt or conspiracy to commit such a crime” after “offense)”.

Subsec. (a)(2)(A)(i)(II). Pub. L. 103–416, § 203(a)(2), inserted “or attempt” after “conspiracy”.

Subsec. (a)(5)(C). Pub. L. 103–416, § 219(z)(5), amended directory language of Pub. L. 102–232, § 307(a)(6). See 1991 Amendment note below.

Subsec. (d)(1). Pub. L. 103–322 added par. (1).

Subsec. (d)(11). Pub. L. 103–416, § 219(e), substituted “voluntarily” for “voluntary”.

Subsec. (e). Pub. L. 103–416, § 220(a), in first proviso, inserted “(or, in the case of an alien described in clause (iii), pursuant to the request of a State Department of Public Health, or its equivalent)” after “interested United States Government agency” and “except that in the case of a waiver requested by a State Department of Public Health, or its equivalent the waiver shall be subject to the requirements of section 1184(k) of this title” after “public interest”.

Subsec. (h). Pub. L. 103–416, § 203(a)(3), inserted before period at end “, or an attempt or conspiracy to commit murder or a criminal act involving torture”.

Subsec. (n)(1)(A)(i). Pub. L. 103–416, § 219(z)(1), made technical correction to Pub. L. 102–232, § 303(a)(7)(B)(i). See 1991 Amendment note below.

Subsec. (o). Pub. L. 103–317, § 506(a), (c), temporarily added subsec. (o) which read as follows: “An alien who has been physically present in the United States shall not be eligible to receive an immigrant visa within ninety days following departure therefrom unless—

“(1) the alien was maintaining a lawful nonimmigrant status at the time of such departure, or

“(2) the alien is the spouse or unmarried child of an individual who obtained temporary or permanent resident status under section 1160 or 1255a of this title or section 202 of the Immigration Reform and Control Act of 1986 at any date, who—

“(A) as of May 5, 1988, was the unmarried child or spouse of the individual who obtained temporary or permanent resident status under section 1160 or 1255a of this title or section 202 of the Immigration Reform and Control Act of 1986;

“(B) entered the United States before May 5, 1988, resided in the United States on May 5, 1988, and is not a lawful permanent resident; and

“(C) applied for benefits under section 301(a) of the Immigration Act of 1990.”

See Effective and Termination Dates of 1994 Amendment note below.

1993—Subsec. (a)(1)(A)(i). Pub. L. 103–43 inserted at end “which shall include infection with the etiologic agent for acquired immune deficiency syndrome,”.

1991—Subsec. (a)(1)(A)(ii)(II). Pub. L. 102–232, § 307(a)(1), inserted “or” at end.

Subsec. (a)(3)(A)(i). Pub. L. 102–232, § 307(a)(2), inserted “(I)” after “any activity” and “(II)” after “sabotage or”.

Subsec. (a)(3)(B)(iii)(III). Pub. L. 102–232, § 307(a)(3), substituted “a terrorist activity” for “an act of terrorist activity”.

Subsec. (a)(3)(C)(iv). Pub. L. 102–232, § 307(a)(5), substituted “identity” for “identities”.

Subsec. (a)(3)(D)(iv). Pub. L. 102–232, § 307(a)(4), substituted “if the immigrant” for “if the alien”.

Subsec. (a)(5). Pub. L. 102–232, § 302(e)(6), repealed Pub. L. 101–649, § 162(e)(1). See 1990 Amendment note below.

Subsec. (a)(5)(C). Pub. L. 102–232, § 307(a)(6), as amended by Pub. L. 103–416, § 219(z)(5), substituted “immigrants seeking admission or adjustment of status under paragraph (2) or (3) of section 1153(b) of this title” for “preference immigrant aliens described in paragraph (3) or (6) of section 1153(a) of this title and to nonpreference immigrant aliens described in section 1153(a)(7) of this title”.

Subsec. (a)(6)(B). Pub. L. 102–232, § 307(a)(7), in closing provisions, substituted “(a) who seeks” for “who seeks”, “, or (b) who seeks admission” for “(or”, and “felony,” for “felony)”.

Subsec. (a)(6)(E)(ii), (iii). Pub. L. 102–232, § 307(a)(8), added cl. (ii) and redesignated former cl. (ii) as (iii).

Subsec. (a)(8)(B). Pub. L. 102–232, § 307(a)(9), substituted “person” for “alien” after “Any”.

Subsec. (a)(9)(C)(i). Pub. L. 102–232, § 307(a)(10)(A), substituted “an order by a court in the United States granting custody to a person of a United States citizen child who detains or retains the child, or withholds custody of the child, outside the United States from the person granted custody by that order, is excludable until the child is surrendered to the person granted custody by that order” for “a court order granting custody to a citizen of the United States of a child having a lawful claim to United States citizenship, detains, retains, or withholds custody of the child outside the United States from the United States citizen granted custody, is excludable until the child is surrendered to such United States citizen”.

Subsec. (a)(9)(C)(ii). Pub. L. 102–232, § 307(a)(10)(B), substituted “so long as the child is located in a foreign state that is a party” for “to an alien who is a national of a foreign state that is a signatory”.

Subsec. (a)(17). Pub. L. 102–232, § 306(a)(12), amended Pub. L. 101–649, § 514(a). See 1990 Amendment note below.

Subsec. (c). Pub. L. 102–232, § 307(b), substituted “paragraphs (3) and (9)(C)” for “subparagraphs (A), (B), (C), or (E) of paragraph (3)”.

Pub. L. 102–232, § 306(a)(10), substituted “one or more aggravated felonies and has served for such felony or felonies” for “an aggravated felony and has served”.

Subsec. (d)(3). Pub. L. 102–232, § 307(c), substituted “(3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii),” for “(3)(A),” in two places and “(3)(E)” for “(3)(D)” in two places.

Subsec. (d)(11). Pub. L. 102–232, § 307(d), inserted “and in the case of an alien seeking admission or adjustment of status as an immediate relative or immigrant under section 1153(a) of this title (other than paragraph (4) thereof)” after “section 1181(b) of this title”.

Subsec. (g)(1). Pub. L. 102–232, § 307(e), substituted “subsection (a)(1)(A)(i)” for “section (a)(1)(A)(i)”.

Subsec. (h). Pub. L. 102–232, § 307(f)(1), struck out “in the case of an immigrant who is the spouse, parent, son, or daughter of a citizen of the United States or alien lawfully admitted for permanent residence” after “marijuana” in introductory provisions.

Subsec. (h)(1). Pub. L. 102–232, § 307(f)(2), designated existing provisions as subpar. (A) and inserted “in the case of any immigrant” in introductory provisions, redesignated former subpars. (A) to (C) as cls. (i) to (iii), respectively, struck out “and” at end of cl. (i), substituted “or” for “and” at end of cl. (iii), and added subpar. (B).

Subsec. (i). Pub. L. 102–232, § 307(g), substituted “immigrant” and “immigrant’s” for “alien” and “alien’s”, respectively, wherever appearing.

Subsec. (j)(1)(D). Pub. L. 102–232, § 309(b)(7), substituted “United States Information Agency” for “International Communication Agency”.

Subsec. (j)(2). Pub. L. 102–232, § 303(a)(5)(B), added par. (2) and struck out former par. (2) which related to inapplicability of par. (1)(A) and (B)(ii)(I) requirements between effective date of subsec. and Dec. 31, 1983.

Subsec. (j)(3). Pub. L. 102–232, § 309(b)(7), substituted “United States Information Agency” for “International Communication Agency”.

Subsec. (m)(2)(A). Pub. L. 102–232, § 302(e)(9), inserted, after first sentence of closing provisions, sentence relating to attestation that facility will not replace nurse with nonimmigrant for period of one year after layoff.

Subsec. (n)(1). Pub. L. 102–232, § 303(a)(7)(B)(ii), (iii), redesignated matter after first sentence of subpar. (D) as closing provisions of par. (1), substituted “(and such accompanying documents as are necessary)” for “(and accompanying documentation)”, and inserted last two sentences providing for review and certification by Secretary of Labor.

Subsec. (n)(1)(A)(i). Pub. L. 102–232, § 303(a)(7)(B)(i), as amended by Pub. L. 103–416, § 219(z)(1), in introductory provisions substituted “admitted or provided status as a nonimmigrant described in section 1101(a)(15)(H)(i)(b) of this title” for “and to other individuals employed in the occupational classification and in the area of employment”, in closing provisions substituted “based on the best information available” for “determined”, and amended subcl. (I) generally. Prior to amendment, subcl. (I) read as follows: “the actual wage level for the occupational classification at the place of employment, or”.

Subsec. (n)(1)(A)(ii). Pub. L. 102–232, § 303(a)(6), substituted “for such a nonimmigrant” for “for such aliens”.

Subsec. (n)(1)(D). Pub. L. 102–232, § 303(a)(7)(B)(iii), redesignated matter after first sentence as closing provisions of par. (1).

Subsec. (n)(2)(C). Pub. L. 102–232, § 303(a)(7)(B)(iv), substituted “of paragraph (1)(B), a substantial failure to meet a condition of paragraphs (1)(C) or (1)(D), a willful failure to meet a condition of paragraph (1)(A), or a misrepresentation” for “(or a substantial failure in the case of a condition described in subparagraph (C) or (D) of paragraph (1)) or misrepresentation”.

Subsec. (n)(2)(D). Pub. L. 102–232, § 303(a)(7)(B)(v), (vi), substituted “If” for “In addition to the sanctions provided under subparagraph (C), if” and inserted before period at end “, whether or not a penalty under subparagraph (C) has been imposed”.

1990—Subsec. (a). Pub. L. 101–649, § 601(a), amended subsec. (a) generally, decreasing number of classes of excludable aliens from 34 to 9 by broadening descriptions of such classes.

Pub. L. 101–649, § 514(a), as amended by Pub. L. 102–232, § 306(a)(12), substituted “20 years” for “ten years” in par. (17).

Pub. L. 101–649, § 162(e)(1), which provided that par. (5) is amended in subpar. (A), by striking “Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor” and inserting “Any alien who seeks admission or status as an immigrant under paragraph (2) or (3) of section 1153(b) of this title, in subpar. (B), by inserting “who seeks admission or status as an immigrant under paragraph (2) or (3) of section 1153(b) of this title” after “An alien” the first place it appears, and by striking subpar. (C), was repealed by Pub. L. 102–232, § 302(e)(6). See Construction of 1990 Amendment note below.

Pub. L. 101–246, § 131(a), added par. (34) which read as follows: “Any alien who has committed in the United States any serious criminal offense, as defined in section 1101(h) of this title, for whom immunity from criminal jurisdiction was exercised with respect to that offense, who as a consequence of the offense and the exercise of immunity has departed the United States, and who has not subsequently submitted fully to the jurisdiction of the court in the United States with jurisdiction over the offense.”

Subsec. (b). Pub. L. 101–649, § 601(b), added subsec. (b) and struck out former subsec. (b) which related to nonapplicability of subsec. (a)(25).

Subsec. (c). Pub. L. 101–649, § 601(d)(1), substituted “subsection (a) of this section (other than subparagraphs (A), (B), (C), or (E) of paragraph (3))” for “paragraph (1) through (25) and paragraphs (30) and (31) of subsection (a) of this section”.

Pub. L. 101–649, § 511(a), inserted at end “The first sentence of this subsection shall not apply to an alien who has been convicted of an aggravated felony and has served a term of imprisonment of at least 5 years.”

Subsec. (d)(1), (2). Pub. L. 101–649, § 601(d)(2)(A), struck out pars. (1) and (2) which related to applicability of subsec. (a)(11), (25), and (28).

Subsec. (d)(3). Pub. L. 101–649, § 601(d)(2)(B), substituted “under subsection (a) (other than paragraphs (3)(A), (3)(C), and (3)(D) of such subsection)” for “under one or more of the paragraphs enumerated in subsection (a) (other than paragraphs (27), (29), and (33))” wherever appearing, and inserted at end “The Attorney General shall prescribe conditions, including exaction of such bonds as may be necessary, to control and regulate the admission and return of excludable aliens applying for temporary admission under this paragraph.”

Subsec. (d)(4). Pub. L. 101–649, § 601(d)(2)(C), substituted “(7)(B)(i)” for “(26)”.

Subsec. (d)(5)(A). Pub. L. 101–649, § 202(b), inserted “or in section 1184(f) of this title” after “except as provided in subparagraph (B)”.

Subsec. (d)(6). Pub. L. 101–649, § 601(d)(2)(A), struck out par. (6) which directed that Attorney General prescribe conditions to control excludable aliens applying for temporary admission.

Subsec. (d)(7). Pub. L. 101–649, § 601(d)(2)(D), substituted “(other than paragraph (7))” for “of this section, except paragraphs (20), (21), and (26),”.

Subsec. (d)(8). Pub. L. 101–649, § 601(d)(2)(E), substituted “(3)(A), (3)(B), (3)(C), and (7)(B)” for “(26), (27), and (29)”.

Subsec. (d)(9), (10). Pub. L. 101–649, § 601(d)(2)(A), struck out pars. (9) and (10) which related to applicability of pars. (7) and (15), respectively, of subsec. (a).

Subsec. (d)(11). Pub. L. 101–649, § 601(d)(2)(F), added par. (11).

Subsec. (g). Pub. L. 101–649, § 601(d)(3), amended subsec. (g) generally, substituting provisions relating to waiver of application for provisions relating to admission of mentally retarded, tubercular, and mentally ill aliens.

Subsec. (h). Pub. L. 101–649, § 601(d)(4), amended subsec. (h) generally, substituting provisions relating to waiver of certain subsec. (a)(2) provisions for provisions relating to nonapplicability of subsec. (a)(9), (10), (12), (23), and (34).

Pub. L. 101–246, § 131(c), substituted “(12), or (34)” for “or (12)”.

Subsec. (i). Pub. L. 101–649, § 601(d)(5), amended subsec. (i) generally, substituting provisions relating to waiver of subsec. (a)(6)(C)(i) of this section for provisions relating to admission of alien spouse, parent or child excludable for fraud.

Subsec. (k). Pub. L. 101–649, § 601(d)(6), substituted “paragraph (5)(A) or (7)(A)(i)” for “paragraph (14), (20), or (21)”.

Subsec. (l). Pub. L. 101–649, § 601(d)(7), substituted “paragraph (7)(B)(i)” for “paragraph (26)(B)”.

Subsec. (m)(2)(A). Pub. L. 101–649, § 162(f)(2)(B), in opening provision, struck out “, with respect to a facility for which an alien will perform services,” before “is an attestation”, in cl. (iii) inserted “employed by the facility” after “The alien”, and inserted at end “In the case of an alien for whom an employer has filed an attestation under this subparagraph and who is performing services at a worksite other than the employer’s or other than a worksite controlled by the employer, the Secretary may waive such requirements for the attestation for the worksite as may be appropriate in order to avoid duplicative attestations, in cases of temporary, emergency circumstances, with respect to information not within the knowledge of the attestor, or for other good cause.”

Subsec. (n). Pub. L. 101–649, § 205(c)(3), added subsec. (n).

1989—Subsec. (m). Pub. L. 101–238 added subsec. (m).

1988—Subsec. (a)(17). Pub. L. 100–690 inserted “(or within ten years in the case of an alien convicted of an aggravated felony)” after “within five years”.

Subsec. (a)(19). Pub. L. 100–525, § 7(c)(1), made technical correction to directory language of Pub. L. 99–639, § 6(a). See 1986 Amendment note below.

Subsec. (a)(32). Pub. L. 100–525, § 9(i)(1), substituted “Secretary of Education” for “Commissioner of Education” and “Secretary of Health and Human Services” for “Secretary of Health, Education, and Welfare”.

Subsec. (d)(4). Pub. L. 100–525, § 8(f), added Pub. L. 99–653, § 7(d)(2). See 1986 Amendment note below.

Subsec. (e). Pub. L. 100–525, § 9(i)(2), substituted “Director of the United States Information Agency” for “Secretary of State” the first place appearing, and “Director” for “Secretary of State” each subsequent place appearing.

Subsec. (g). Pub. L. 100–525, § 9(i)(3), substituted “Secretary of Health and Human Services” for “Surgeon General of the United States Public Health Service” wherever appearing.

Subsec. (h). Pub. L. 100–525, § 9(i)(4), substituted “paragraph (9)” for “paragraphs (9)”.

Subsec. (i). Pub. L. 100–525, § 7(c)(3), added Pub. L. 99–639, § 6(b). See 1986 Amendment note below.

Subsec. (l). Pub. L. 100–525, § 3(1)(A), made technical correction to Pub. L. 99–396, § 14(a). See 1986 Amendment note below.

1987—Subsec. (a)(23). Pub. L. 100–204 amended par. (23) generally. Prior to amendment, par. (23) read as follows: “Any alien who has been convicted of a violation of, or a conspiracy to violate, any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 802 of title 21); or any alien who the consular officer or immigration officer know or have reason to believe is or has been an illicit trafficker in any such controlled substance;”.

1986—Subsec. (a)(19). Pub. L. 99–639, § 6(a), as amended by Pub. L. 100–525, § 7(c)(1), amended par. (19) generally. Prior to amendment, par. (19) read as follows: “Any alien who seeks to procure, or has sought to procure, or has procured a visa or other documentation, or seeks to enter the United States, by fraud, or by willfully misrepresenting a material fact;”.

Subsec. (a)(23). Pub. L. 99–570 substituted “any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 802 of title 21)” for “any law or regulation relating to the illicit possession of or traffic in narcotic drugs or marihuana, or who has been convicted of a violation of, or a conspiracy to violate, any law or regulation governing or controlling the taxing, manufacture, production, compounding, transportation, sale, exchange, dispensing, giving away, importation, exportation, or the possession for the purpose of the manufacture, production, compounding, transportation, sale, exchange, dispensing, giving away, importation, or exportation of opium, coca leaves, heroin, marihuana, or any salt derivative, or preparation of opium or coca leaves, or isonipecaine or any addiction-forming or addiction-sustaining opiate” and “any such controlled substance” for “any of the aforementioned drugs”.

Subsec. (a)(24). Pub. L. 99–653 struck out par. (24) which related to aliens seeking admission from foreign contiguous territory or adjacent islands who arrived there on vessel or aircraft of nonsignatory line or noncomplying transportation line and have not resided there at least two years subsequent to such arrival, except for aliens described in section 1101(a)(27)(A) of this title and aliens born in Western Hemisphere, and further provided that no paragraph following par. (24) shall be redesignated as result of this amendment.

Subsec. (d)(4). Pub. L. 99–653, § 7(d)(2), as added by Pub. L. 100–525, § 8(f), substituted “section 1228(c) of this title” for “section 1228(d) of this title”.

Subsec. (i). Pub. L. 99–639, § 6(b), as added by Pub. L. 100–525, § 7(c)(3), inserted “or other benefit under this chapter” after “United States,”.

Subsec. (l). Pub. L. 99–396, § 14(a), as amended by Pub. L. 100–525, § 3(1)(A), amended subsec. (l) generally, designating existing provisions as par. (1) and redesignating former pars. (1) and (2) as subpars. (A) and (B), respectively, inserting in par. (1) as so designated reference to consultation with the Governor of Guam, inserting in subpar. (B) as so redesignated reference to the welfare, safety, and security of the territories and commonwealths of the United States, and adding pars. (2) and (3).

1984—Subsec. (a)(9). Pub. L. 98–473 amended last sentence generally. Prior to amendment, last sentence read as follows: “Any alien who would be excludable because of a conviction of a misdemeanor classifiable as a petty offense under the provisions of section 1(3) of title 18, by reason of the punishment actually imposed, or who would be excludable as one who admits the commission of an offense that is classifiable as a misdemeanor under the provisions of section 1(2) of title 18, by reason of the punishment which might have been imposed upon him, may be granted a visa and admitted to the United States if otherwise admissible: Provided, That the alien has committed only one such offense, or admits the commission of acts which constitute the essential elements of only one such offense;”.

Subsec. (l). Pub. L. 98–454 added subsec. (l).

1981—Subsec. (a)(17). Pub. L. 97–116, § 4(1), inserted “and who seek admission within five years of the date of such deportation or removal,” after “section 1252(b) of this title,”.

Subsec. (a)(32). Pub. L. 97–116, §§ 5(a)(1), 18(e)(1), substituted “in the United States)” for “in the United States” and inserted provision that for purposes of this paragraph an alien who is a graduate of a medical school be considered to have passed parts I and II of the National Board of Medical Examiners examination if the alien was fully and permanently licensed to practice medicine in a State on Jan. 9, 1978, and was practicing medicine in a State on that date.

Subsec. (d)(6). Pub. L. 97–116, § 4(2), struck out provision that the Attorney General make a detailed report to Congress in any case in which he exercises his authority under par. (3) of this subsection on behalf of any alien excludable under subsec. (a)(9), (10), and (28) of this section.

Subsec. (h). Pub. L. 97–116, § 4(3), substituted “paragraphs (9), (10), or (12) of subsection (a) of this section or paragraph (23) of such subsection as such paragraph relates to a single offense of simple possession of 30 grams or less of marihuana” for “paragraphs (9), (10), or (12) of subsection (a) of this section”.

Subsec. (j)(1). Pub. L. 97–116, § 5(b)(1), inserted “as follows” after “training are”.

Subsec. (j)(1)(A). Pub. L. 97–116, § 5(b)(3), (4), substituted “Secretary of Education” for “Commissioner of Education” and a period for the semicolon at the end.

Subsec. (j)(1)(B). Pub. L. 97–116, § 5(a)(2), (b)(3), (7)(A), (B), substituted “Secretary of Education” for “Commissioner of Education”, “(ii)(I)” for “(ii)”, and “Secretary of Health and Human Services” for “Secretary of Health, Education, and Welfare”; inserted “(II)” before “has competency”, “(III)” before “will be able to adapt”, and “(IV)” before “has adequate prior education”; and inserted provision that for purposes of this subparagraph an alien who is a graduate of a medical school be considered to have passed parts I and II of the National Board of Medical Examiners examination if the alien was fully and permanently licensed to practice medicine in a State on Jan. 9, 1978, and was practicing medicine in a State on that date.

Subsec. (j)(1)(C). Pub. L. 97–116, § 5(b)(2)–(4), struck out “(including any extension of the duration thereof under subparagraph (D))” after “to the United States” and substituted “Secretary of Health and Human Services” for “Secretary of Health, Education, and Welfare” and a period for “; and” at end.

Subsec. (j)(1)(D). Pub. L. 97–116, § 5(b)(5), substituted provision permitting aliens coming to the United States to study in medical residency training programs to remain until the typical completion date of the program, as determined by the Director of the International Communication Agency at the time of the alien’s entry, based on criteria established in coordination with the Secretary of Health and Human Services, except that such duration be limited to seven years unless the alien demonstrates to the satisfaction of the Director that the country to which the alien will return after such specialty education has exceptional need for an individual trained in such specialty, and that the alien may change enrollment in programs once within two years after coming to the United States if approval of the Director is obtained and further commitments are obtained from the alien to assure that, upon completion of the program, the alien would return to his country for provision limiting the duration of the alien’s participation in the program for which he is coming to the United States to not more than 2 years, with a possible one year extension.

Subsec. (j)(1)(E). Pub. L. 97–116, § 5(b)(6), added subpar. (E).

Subsec. (j)(2)(A). Pub. L. 97–116, § 5(b)(7)(C)–(F), substituted “and (B)(ii)(I)” for “and (B)” and “1983” for “1981”; inserted “(i) the Secretary of Health and Human Services determines, on a case-by-case basis, that” after “if”; and added cl. (ii).

Subsec. (j)(2)(B). Pub. L. 97–116, § 5(b)(7)(G), inserted provision directing Secretary of Health and Human Services, in coordination with Attorney General and Director of the International Communication Agency, to monitor the issuance of waivers under subpar. (A) and the needs of the communities, with respect to which such waivers are issued, to assure that quality medical care is provided and to review each program with such a waiver to assure that the plan described in subpar. (A)(ii) is being carried out and that the participants in such program are being provided appropriate supervision in their medical education and training.

Subsec. (j)(2)(C). Pub. L. 97–116, § 5(b)(7)(G), added subpar. (C).

Subsec. (j)(3). Pub. L. 97–116, § 5(b)(8), added par. (3).

Subsec. (k). Pub. L. 97–116, § 18(e)(2), added subsec. (k).

1980—Subsec. (a)(14), (32). Pub. L. 96–212, § 203(d), substituted “1153(a)(7)” for “1153(a)(8)”.

Subsec. (d)(5). Pub. L. 96–212, § 203(f), redesignated existing provisions as subpar. (A), inserted provision excepting subpar. (B), and added subpar. (B).

Subsec. (j)(2)(A). Pub. L. 96–538 substituted “December 30, 1981” for “December 30, 1980”.

1979—Subsec. (d)(9), (10). Pub. L. 96–70 added pars. (9) and (10).

1978—Subsec. (a)(33). Pub. L. 95–549, § 101, added par. (33).

Subsec. (d)(3). Pub. L. 95–549, § 102, inserted reference to par. (33) in parenthetical text.

1977—Subsec. (a)(32). Pub. L. 95–83, § 307(q)(1), inserted “not accredited by a body or bodies approved for the purpose by the Commissioner of Education (regardless of whether such school of medicine is in the United States” after “graduates of a medical school” in first sentence and struck out second sentence exclusion of aliens provision with respect to application to special immigrants defined in section 1101(a)(27)(A) of this title (other than the parents, spouses, or children of the United States citizens or of aliens lawfully admitted for permanent residence).

Subsec. (j)(1)(B). Pub. L. 95–83, § 307(q)(2)(A), inserted cl. (i) and designated existing provisions as cl. (ii).

Subsec. (j)(1)(C). Pub. L. 95–83, § 307(q)(2)(B), substituted “that there is a need in that country for persons with the skills the alien will acquire in such education or training” for “that upon such completion and return, he will be appointed to a position in which he will fully utilize the skills acquired in such education or training in the government of that country or in an educational or other appropriate institution or agency in that country”.

Subsec. (j)(1)(D). Pub. L. 95–83, § 307(q)(2)(C), substituted “at the written request” for “at the request”, struck out cl. “(i) such government provides a written assurance, satisfactory to the Secretary of Health, Education, and Welfare, that the alien will, at the end of such extension, be appointed to a position in which he will fully utilize the skills acquired in such education or training in the government of that country or in an educational or other appropriate institution or agency in that country,”, and redesignated as cls. (i) and (ii) former cls. (ii) and (iii).

Subsec. (j)(2)(A). Pub. L. 95–83, § 307(q)(2)(D), substituted “(A) and (B)” for “(A) through (D)”.

1976—Subsec. (a)(14). Pub. L. 94–571, § 5, in revising par. (14), inserted in cl. (A) “(or equally qualified in the case of aliens who are members of the teaching profession or who have exceptional ability in the sciences or the arts)” and struck out “in the United States” after “sufficient workers” and “destined” before “to perform” and introductory provision of last sentence making exclusion of aliens under par. (14) applicable to special immigrants defined in former provision of section 1101(a)(27)(A) of this title (other than the parents, spouses, or children of United States citizens or of aliens lawfully admitted to the United States for permanent residence).

Subsec. (a)(24). Pub. L. 94–571, § 7(d), substituted in parenthetical text “section 1101(a)(27)(A) of this title and aliens born in the Western Hemisphere” for “section 1101(a)(27)(A) and (B) of this title”.

Subsec. (a)(32). Pub. L. 94–484, § 601(a), added par. (32).

Subsec. (e). Pub. L. 94–484, § 601(c), substituted “(i) whose” for “whose (i)”, and “residence, (ii)” for “residence, or (ii)”, inserted “or (iii) who came to the United States or acquired such status in order to receive graduate medical education or training,” before “shall be eligible”, and inserted “, except in the case of an alien described in clause (iii),” in second proviso.

Subsec. (j). Pub. L. 94–484, § 601(d), added subsec. (j).

1970—Subsec. (e). Pub. L. 91–225 inserted cls. (i) and (ii) and reference to eligibility for nonimmigrant visa under section 1101(a)(15)(L) of this title, provided for waiver of requirement of two-year foreign residence abroad where alien cannot return to the country of his nationality or last residence because he would be subject to persecution on account of race, religion, or political opinion or where the foreign country of alien’s nationality or last residence has furnished a written statement that it has no objection to such waiver for such alien, and struck out alternative provision for residence and physical presence in another foreign country and former first and final provisos which read as follows: “Provided, That such residence in another foreign country shall be considered to have satisfied the requirements of this subsection if the Secretary of State determines that it has served the purpose and the intent of the Mutual Educational and Cultural Exchange Act of 1961” and “And provided further, That the provisions of this subchapter shall apply also to those persons who acquired exchange visitor status under the United States Information and Educational Exchange Act of 1948, as amended.”

1965—Subsec. (a)(1). Pub. L. 89–236, § 15(a), substituted “mentally retarded” for “feebleminded”.

Subsec. (a)(4). Pub. L. 89–236, § 15(b), substituted “or sexual deviation” for “epilepsy”.

Subsec. (a)(14). Pub. L. 89–236, § 10(a), inserted requirement that Secretary of Labor make an affirmative finding that any alien seeking to enter the United States as a worker, skilled or otherwise, will not replace a worker in the United States nor will the employment of the alien adversely affect the wages and working conditions of individuals in the United States similarly employed, and made the requirement applicable to special immigrants (other than the parents, spouses, and minor children of U.S. citizens or permanent resident aliens), preference immigrants described in sections 1153(a)(3) and 1153(a)(6) of this title, and nonpreference immigrants.

Subsec. (a)(20). Pub. L. 89–236, § 10(b), substituted “1181(a)” for “1181(e)”.

Subsec. (a)(21). Pub. L. 89–236, § 10(c), struck out “quota” before “immigrant”.

Subsec. (a)(24). Pub. L. 89–236, § 10(d), substituted “other than aliens described in section 1101(a)(27)(A) and (B)” for “other than those aliens who are nativeborn citizens of countries enumerated in section 1101(a)(27) of this title and aliens described in section 1101(a)(27)(B) of this title”.

Subsec. (g). Pub. L. 89–236, § 15(c), redesignated subsec. (f) of sec. 212 of the Immigration and Nationality Act as subsec. (g) thereof, which for purposes of codification had already been designated as subsec. (g) of this section and granted the Attorney General authority to admit any alien who is the spouse, unmarried son or daughter, minor adopted child, or parent of a citizen or lawful permanent resident and who is mentally retarded or has a past history of mental illness under the same conditions as authorized in the case of such close relatives afflicted with tuberculosis.

Subsecs. (h), (i). Pub. L. 89–236, § 15(c), redesignated subsecs. (g) and (h) of sec. 212 of the Immigration and Nationality Act as subsecs. (h) and (i) respectively thereof, which for purposes of codification had already been designated as subsecs. (h) and (i) of this section.

1961—Subsec. (a)(6). Pub. L. 87–301, § 11, struck out references to tuberculosis and leprosy.

Subsec. (a)(9). Pub. L. 87–301, § 13, authorized admission of aliens who would be excluded because of conviction of a violation classifiable as an offense under section 1(3) of title 18, by reason of punishment actually imposed, or who admit commission of an offense classifiable as a misdemeanor under section 1(2) of title 18, by reason of punishment which might have been imposed, if otherwise admissible and provided the alien has committed, or admits to commission of, only one such offense.

Subsecs. (e), (f). Pub. L. 87–256 added subsec. (e) and redesignated former subsec. (e) as (f).

Subsecs. (g) to (i). Pub. L. 87–301, §§ 12, 14, 15, added subsecs. (f) to (h), which for purposes of codification have been designated as subsecs. (g) to (i).

1960—Subsec. (a). Pub. L. 86–648 inserted “or marihuana” after “narcotic drugs” in cl. (23).

1959—Subsec. (d). Pub. L. 86–3 struck out provisions from cl. (7) which related to aliens who left Hawaii and to persons who were admitted to Hawaii under section 8(a)(1) of the act of March 24, 1934, or as nationals of the United States.

1958—Subsec. (d)(7). Pub. L. 85–508 struck out provisions which related to aliens who left Alaska.

1956—Subsec. (a)(23). Act July 18, 1956, included conspiracy to violate a narcotic law, and the illicit possession of narcotics, as additional grounds for exclusion.

Statutory Notes and Related Subsidiaries

Change of Name

Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.

Effective Date of 2008 Amendment

Pub. L. 111–122, § 3(c), Dec. 22, 2009, 123 Stat. 3481, provided that: “The amendments made by subsections (b), (c), and (d) of the Child Soldiers Accountability Act of 2008 (Public Law 110–340) [probably means subsecs. (b) to (d) of section 2 of Public Law 110–340, amending this section and section 1227 of this title] shall apply to offenses committed before, on, or after the date of the enactment of the Child Soldiers Accountability Act of 2008 [Oct. 3, 2008].”

Amendment by Pub. L. 110–229 effective on the transition program effective date described in section 1806 of Title 48, Territories and Insular Possessions, see section 705(b) of Pub. L. 110–229, set out as an Effective Date note under section 1806 of Title 48.

Effective Date of 2007 Amendment

Pub. L. 110–161, div. J, title VI, § 691(f), Dec. 26, 2007, 121 Stat. 2366, provided that: “The amendments made by this section [amending this section] shall take effect on the date of enactment of this section [Dec. 26, 2007], and these amendments and sections 212(a)(3)(B) and 212(d)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B) and 1182(d)(3)(B)), as amended by these sections, shall apply to— “(1) removal proceedings instituted before, on, or after the date of enactment of this section; and “(2) acts and conditions constituting a ground for inadmissibility, excludability, deportation, or removal occurring or existing before, on, or after such date.”

Effective Date of 2005 Amendment

Pub. L. 109–13, div. B, title I, § 103(d), May 11, 2005, 119 Stat. 308, provided that: “The amendments made by this section [amending this section] shall take effect on the date of the enactment of this division [May 11, 2005], and these amendments, and section 212(a)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)), as amended by this section, shall apply to— “(1) removal proceedings instituted before, on, or after the date of the enactment of this division; and “(2) acts and conditions constituting a ground for inadmissibility, excludability, deportation, or removal occurring or existing before, on, or after such date.”

Effective Date of 2004 Amendment

Pub. L. 108–458, title V, § 5501(c), Dec. 17, 2004, 118 Stat. 3740, provided that: “The amendments made by this section [amending this section and section 1227 of this title] shall apply to offenses committed before, on, or after the date of enactment of this Act [Dec. 17, 2004].”

Pub. L. 108–447, div. J, title IV, § 424(a)(2), Dec. 8, 2004, 118 Stat. 3355, provided that: “The amendment made by paragraph (1) [amending this section] shall take effect as if enacted on October 1, 2003.”

Pub. L. 108–447, div. J, title IV, § 430, Dec. 8, 2004, 118 Stat. 3361, provided that: “(a) In General.—Except as provided in subsection (b), this subtitle [subtitle B (§§ 421–430) of title IV of div. J of Pub. L. 108–447, enacting section 1381 of this title, amending this section, sections 1184, and 1356 of this title, section 2916a of Title 29, Labor, and section 1869c of Title 42, The Public Health and Welfare, and enacting provisions set out as notes under this section and sections 1101 and 1184 of this title] and the amendments made by this subtitle shall take effect 90 days after the date of enactment of this Act [Dec. 8, 2004]. “(b) Exceptions.—The amendments made by sections 422(b), 426(a), and 427 [amending sections 1184 and 1356 of this title] shall take effect upon the date of enactment of this Act [Dec. 8, 2004].”

Effective and Termination Dates of 2003 Amendment

Amendment by Pub. L. 108–77 effective on the date the United States-Chile Free Trade Agreement enters into force (Jan. 1, 2004), and ceases to be effective on the date the Agreement ceases to be in force, see section 107 of Pub. L. 108–77, set out in a note under section 3805 of Title 19, Customs Duties.

Effective Date of 2002 Amendment

Pub. L. 107–273, div. C, title I, § 11018(d), Nov. 2, 2002, 116 Stat. 1825, provided that: “The amendments made by this section [amending this section, section 1184 of this title, and provisions set out as a note under this section] shall take effect as if this Act [see Tables for classification] were enacted on May 31, 2002.”

Pub. L. 107–150, § 2(b), Mar. 13, 2002, 116 Stat. 75, provided that: “The amendments made by subsection (a) [amending this section and section 1183a of this title] shall apply with respect to deaths occurring before, on, or after the date of the enactment of this Act [Mar. 13, 2002], except that, in the case of a death occurring before such date, such amendments shall apply only if— “(1) the sponsored alien—“(A) requests the Attorney General to reinstate the classification petition that was filed with respect to the alien by the deceased and approved under section 204 of the Immigration and Nationality Act (8 U.S.C. 1154) before such death; and “(B) demonstrates that he or she is able to satisfy the requirement of section 212(a)(4)(C)(ii) of such Act (8 U.S.C. 1182(a)(4)(C)(ii)) by reason of such amendments; and “(2) the Attorney General reinstates such petition after making the determination described in section 213A(f)(5)(B)(ii) of such Act [8 U.S.C. 1183a(f)(5)(B)(ii)] (as amended by subsection (a)(1) of this Act).”

Effective Date of 2001 Amendment

Pub. L. 107–56, title IV, § 411(c), Oct. 26, 2001, 115 Stat. 348, provided that: “(1) In general.—Except as otherwise provided in this subsection, the amendments made by this section [amending this section and sections 1158, 1189, and 1227 of this title] shall take effect on the date of the enactment of this Act [Oct. 26, 2001] and shall apply to—“(A) actions taken by an alien before, on, or after such date; and “(B) all aliens, without regard to the date of entry or attempted entry into the United States—“(i) in removal proceedings on or after such date (except for proceedings in which there has been a final administrative decision before such date); or “(ii) seeking admission to the United States on or after such date. “(2) Special rule for aliens in exclusion or deportation proceedings.—Notwithstanding any other provision of law, sections 212(a)(3)(B) and 237(a)(4)(B) of the Immigration and Nationality Act, as amended by this Act [8 U.S.C. 1182(a)(3)(B), 1227(a)(4)(B)], shall apply to all aliens in exclusion or deportation proceedings on or after the date of the enactment of this Act [Oct. 26, 2001] (except for proceedings in which there has been a final administrative decision before such date) as if such proceedings were removal proceedings. “(3) Special rule for section 219 organizations and organizations designated under section 212(a)(3)(B)(vi)(II).—“(A) In general.—Notwithstanding paragraphs (1) and (2), no alien shall be considered inadmissible under section 212(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)), or deportable under section 237(a)(4)(B) of such Act (8 U.S.C. 1227(a)(4)(B)), by reason of the amendments made by subsection (a) [amending this section], on the ground that the alien engaged in a terrorist activity described in subclause (IV)(bb), (V)(bb), or (VI)(cc) of section 212(a)(3)(B)(iv) of such Act (as so amended) with respect to a group at any time when the group was not a terrorist organization designated by the Secretary of State under section 219 of such Act (8 U.S.C. 1189) or otherwise designated under section 212(a)(3)(B)(vi)(II) of such Act (as so amended). “(B) Statutory construction.—Subparagraph (A) shall not be construed to prevent an alien from being considered inadmissible or deportable for having engaged in a terrorist activity—“(i) described in subclause (IV)(bb), (V)(bb), or (VI)(cc) of section 212(a)(3)(B)(iv) of such Act (as so amended) with respect to a terrorist organization at any time when such organization was designated by the Secretary of State under section 219 of such Act or otherwise designated under section 212(a)(3)(B)(vi)(II) of such Act (as so amended); or “(ii) described in subclause (IV)(cc), (V)(cc), or (VI)(dd) of section 212(a)(3)(B)(iv) of such Act (as so amended) with respect to a terrorist organization described in section 212(a)(3)(B)(vi)(III) of such Act (as so amended). “(4) Exception.—The Secretary of State, in consultation with the Attorney General, may determine that the amendments made by this section shall not apply with respect to actions by an alien taken outside the United States before the date of the enactment of this Act [Oct. 26, 2001] upon the recommendation of a consular officer who has concluded that there is not reasonable ground to believe that the alien knew or reasonably should have known that the actions would further a terrorist activity.”

[Another section 411(c) of Pub. L. 107–56 amended section 1189 of this title.]

Effective Date of 2000 Amendment

Pub. L. 106–395, title II, § 201(b)(3), Oct. 30, 2000, 114 Stat. 1634, provided that: “The amendment made by paragraph (1) [amending this section] shall be effective as if included in the enactment of section 347 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104–208; 110 Stat. 3009–638) and shall apply to voting occurring before, on, or after September 30, 1996. The amendment made by paragraph (2) [amending this section] shall be effective as if included in the enactment of section 344 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104–208; 110 Stat. 3009–637) and shall apply to representations made on or after September 30, 1996. Such amendments shall apply to individuals in proceedings under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.] on or after September 30, 1996.”

Effective Date of 1999 Amendment

Pub. L. 106–95, § 2(e), Nov. 12, 1999, 113 Stat. 1317, as amended by Pub. L. 109–423, § 2(2), Dec. 20, 2006, 120 Stat. 2900, provided that: “The amendments made by this section [amending this section and section 1101 of this title] shall apply to classification petitions filed for nonimmigrant status only during the period— “(1) beginning on the date that interim or final regulations are first promulgated under subsection (d) [set out as a note below]; and “(2) ending on the date that is 3 years after the date of the enactment of the Nursing Relief for Disadvantaged Areas Reauthorization Act of 2005 [Dec. 20, 2006].”

[Pub. L. 109–423, § 3, Dec. 20, 2006, 120 Stat. 2900, provided that: “The requirements of chapter 5 of title 5, United States Code (commonly referred to as the ‘Administrative Procedure Act’) or any other law relating to rulemaking, information collection or publication in the Federal Register, shall not apply to any action to implement the amendments made by section 2 [amending provisions set out as a note above] to the extent the Secretary Homeland of Security [sic], the Secretary of Labor, or the Secretary of Health and Human Services determines that compliance with any such requirement would impede the expeditious implementation of such amendments.” ]

Pub. L. 106–95, § 4(b), Nov. 12, 1999, 113 Stat. 1318, provided that: “The amendments made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Nov. 12, 1999], without regard to whether or not final regulations to carry out such amendments have been promulgated by such date.”

Effective and Termination Dates of 1998 Amendment

Pub. L. 105–292, title VI, § 604(b), Oct. 27, 1998, 112 Stat. 2814, provided that: “The amendment made by subsection (a) [amending this section] shall apply to aliens seeking to enter the United States on or after the date of the enactment of this Act [Oct. 27, 1998].”

Pub. L. 105–277, div. C, title IV, § 412(d), Oct. 21, 1998, 112 Stat. 2681–645, provided that: “The amendments made by subsection (a) [amending this section] apply to applications filed under section 212(n)(1) of the Immigration and Nationality Act [subsec. (n)(1) of this section] on or after the date final regulations are issued to carry out such amendments, and the amendments made by subsections (b) and (c) [amending this section] take effect on the date of the enactment of this Act [Oct. 21, 1998].” [Interim final regulations implementing these amendments were promulgated on Dec. 19, 2000, published Dec. 20, 2000, 65 F.R. 80110, and effective, except as otherwise provided, Jan. 19, 2001.]

Pub. L. 105–277, div. C, title IV, § 413(e)(2), Oct. 21, 1998, 112 Stat. 2681–651, as amended by Pub. L. 106–313, title I, § 107(b), Oct. 17, 2000, 114 Stat. 1255, provided that: “The amendment made by paragraph (1) [amending this section] shall cease to be effective on September 30, 2003.”

Pub. L. 105–277, div. C, title IV, § 415(b), Oct. 21, 1998, 112 Stat. 2681–655, provided that: “The amendment made by subsection (a) [amending this section] applies to prevailing wage computations made— “(1) for applications filed on or after the date of the enactment of this Act [Oct. 21, 1998]; and “(2) for applications filed before such date, but only to the extent that the computation is subject to an administrative or judicial determination that is not final as of such date.”

Pub. L. 105–277, div. C, title IV, § 431(b), Oct. 21, 1998, 112 Stat. 2681–658, provided that: “The amendment made by subsection (a) [amending this section] shall apply to activities occurring on or after the date of the enactment of this Act [Oct. 21, 1998].”

Pub. L. 105–277, div. G, subdiv. B, title XXII, § 2226(b), Oct. 21, 1998, 112 Stat. 2681–821, provided that: “The amendment made by subsection (a) [amending this section] shall apply to aliens seeking admission to the United States on or after the date of enactment of this Act [Oct. 21, 1998].”

Effective Date of 1996 Amendment

Pub. L. 104–208, div. C, title III, § 301(b)(3), Sept. 30, 1996, 110 Stat. 3009–578, provided that: “In applying section 212(a)(9)(B) of the Immigration and Nationality Act [8 U.S.C. 1182(a)(9)(B)], as inserted by paragraph (1), no period before the title III–A effective date [see section 309 of Pub. L. 104–208, set out as a note under section 1101 of this title] shall be included in a period of unlawful presence in the United States.”

Pub. L. 104–208, div. C, title III, § 301(c)(2), Sept. 30, 1996, 110 Stat. 3009–579, provided that: “The requirements of subclauses (II) and (III) of section 212(a)(6)(A)(ii) of the Immigration and Nationality Act [8 U.S.C. 1182(a)(6)(A)(ii)(II), (III)], as inserted by paragraph (1), shall not apply to an alien who demonstrates that the alien first arrived in the United States before the title III–A effective date (described in section 309(a) of this division [set out as a note under section 1101 of this title]).”

Pub. L. 104–208, div. C, title III, § 306(d), Sept. 30, 1996, 110 Stat. 3009–612, provided that the amendment made by section 306(d) is effective as if included in the enactment of Pub. L. 104–132.

Amendment by sections 301(b)(1), (c)(1), 304(b), 305(c), 306(d), and 308(c)(2)(B), (d)(1), (e)(1)(B), (C), (2)(A), (6), (f)(1)(C)–(F), (3)(A), (g)(1), (4)(B), (10)(A), (H) of div. C of Pub. L. 104–208 effective on the first day of the first month beginning more than 180 days after Sept. 30, 1996, with certain transitional provisions, including authority for Attorney General to waive application of subsec. (a)(9) of this section in case of an alien provided benefits under section 301 of Pub. L. 101–649, set out as a note under section 1255a of this title, and including provision that no period of time before Sept. 30, 1996, be included in the period of 1 year described in subsec. (a)(6)(B)(i) of this section, see section 309 of Pub. L. 104–208, set out as a note under section 1101 of this title.

Amendment by section 322(a) of Pub. L. 104–208 applicable to convictions and sentences entered before, on, or after Sept. 30, 1996, see section 322(c) of Pub. L. 104–208, set out as a note under section 1101 of this title.