Immigration and Nationality Act
Reflecting Amendments by IIRAIRA (Pub. L. 104-208, 110 Stat. 3009 (September 30, 1996)) Original Text Includes Changes Made by Antiterrorism and Effective Death Penalty Act of 1996 (Pub. L. 104-132, 110 Stat. 1214 (April 24, 1996))
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- This document was prepared to assist in implementing
the transition to a new system based on major changes to the INA enacted in
the Antiterrorism and Effective Death Penalty Act of 1996 and the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996. Although every effort has been
made to assure accuracy in this document, it is not an official codification
or publication of the law. Thus, all citations to the INA should be verified
by reference to Public Law 104-208. If you find any errors in this document
or have any suggestions please contact INS Legislative Counsel. This version
was last updated on 11/1/96 and supercedes all previous versions.
Please note the following savings provisions of IIRIRA which are not codified in the INA: Sec. 308 * * * *
(g) CONFORMING REFERENCES TO REORGANIZED SECTIONS.-
(1) REFERENCES TO SECTIONS 232, 234, 238, 239, 240, 241, 242A, AND 244A.-Any reference in law in effect on the day before the date of the enactment of this Act to section 232, 234, 238, 239, 240, 241, 242A, or 244A of the Immigration and Nationality Act (or a subdivision of such section) is deemed, as of the title IIIA effective date, to refer to section 232(a), 232(b), 233, 234, 234A, 237, 238, or 244 of such Act (or the corresponding subdivision of such section), as redesignated by this subtitle. Any reference in law to section 241 (or a subdivision of such section) of the Immigration and Nationality Act in an amendment made by a subsequent subtitle of this title is deemed a reference (as of the title IIIA effective date) to section 237 (or the corresponding subdivision of such section), as redesignated by this subtitle.
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Sec. 309. ******
(d) TRANSITIONAL REFERENCES.-For purposes of carrying out the Immigration and Nationality Act, as amended by this subtitle-
(1) any reference in section 212(a)(1)(A) of such Act to the term "inadmissible" is deemed to include a reference to the term "excludable", and
(2) any reference in law to an order of removal shall be deemed to include a reference to an order of exclusion and deportation or an order of deportation.
******
Acronyms used:
VCCLEA is the Violent Crime Control and Law Enforcement Act of 1994.
INTC is the Immigration and Naturalization Technical Corrections Act of 1994.
MTINA is the Miscellaneous and Technical Immigration and Naturalization Amendments of 1991.
AEDPA is the Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. 104-132, 110 Stat. 1214 (April 24, 1996).
IIRIRA is the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.
TABLE OF CONTENTS
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
TITLE II -- Immigration
Chapter 1 -- Selection System
201 worldwide level of immigration
202 numerical limitation to any single foreign state
203 allocation of immigrant visas
204 procedure for granting immigrant status
205 revocation of approval of petitions
206 unused immigrant visas
207 annual admission of refugees and admission of emergency situation refugees
208 asylum
209 adjustment of status of refugees
210 special agricultural workers
210A determination of agricultural labor shortages and admission of additional special agricultural workers
Chapter 2 -- Qualifications for Admission of Aliens; Travel Control of Citizens and Aliens
211 documentary requirements
212 general classes of aliens ineligible to receive visas and ineligible for admission; waivers of inadmissibility
213 admission of certain aliens on giving bond
213A requirements for sponsor's affidavit of support
214 admission of nonimmigrants
215 travel documentation of aliens and citizens
216 conditional permanent resident status for certain alien spouses and sons and daughters
216A conditional permanent resident status for certain alien entrepreneurs, spouses, and children
217 visa waiver pilot program for certain visitors
218 admission of temporary h-2a workers
Chapter 3 -- Issuance of Entry Documents
221 issuance of visas
222 applications for visas
223 reentry permits
224 immediate relative and special immigrant visas
Chapter 4 -- Inspection; Apprehension; Examination; Exclusion; and Removal
231 lists of alien and citizen passengers arriving or departing; record of resident aliens and citizens leaving permanently for foreign country
232 detention of aliens for physical and mental examination
233 entry through or from foreign territory and adjacent islands; landing stations
234 designation of ports of entry for aliens arriving by civil aircraft
235 inspection by immigration officers; expedited removal of inadmissible arriving aliens; referral for hearing
236 apprehension and detention of aliens
237 general classes of deportable aliens
238 expedited removal of aliens convicted of committing aggravated felonies
239 initiation of removal proceedings
240 removal proceedings
240A cancellation of removal; adjustment of status
240B voluntary departure
240C records of admission
241 detention and removal of aliens ordered removed
242 judicial review of orders of removal
243 penalties related to removal
244 temporary protected status
Chapter 5 -- adjustment and change of status
245 adjustment of status of nonimmigrant to that of person admitted for permanent residence
245A adjustment of status of certain entrants before january 1, 1982, to that of person admitted for lawful residence
246 rescission of adjustment of status
247 adjustment of status of certain resident aliens to nonimmigrant status
248 change of nonimmigrant classification
249 record of admission for permanent residence in the case of certain aliens who entered the united states prior to july 1, 1924 or january 1, 1972
250 removal of aliens who have fallen into distress
Chapter 6 -- Special Provisions Relating to Alien Crewman
251 lists of alien crewmen; reports of illegal landings
252 conditional permits to land temporarily
253 hospital treatment of alien crewmen afflicted with certain diseases
254 control of alien crewmen
255 employment on passenger vessels of aliens afflicted with certain disabilities
256 discharge of alien crewmen
257 bringing alien crewmen into united states with intent to evade immigration laws
258 limitations on performance of longshore work by alien crewmen
Chapter 7 -- Registration of Aliens
261 aliens seeking entry into the united states
262 registration of aliens in the united states
263 provisions governing registration of special groups
264 forms and procedure
265 notices of change of address
266 penalties
Chapter 8 --General Penalty Provisions
271 prevention of unauthorized landing of aliens
272 bringing in aliens subject to denial of admission on a health-related ground
273 unlawful bringing of aliens into united states
274 bringing in and harboring certain aliens
274A unlawful employment of aliens
274B unfair immigration-related employment practices
274C penalties for document fraud
274D civil penalties for failure to depart
275 entry of alien at improper time or place; misrepresentation and concealment of facts
276 reentry of removed alien
277 aiding or assisting certain aliens to enter the united states
278 importation of alien for immoral purpose
279 jurisdiction of district courts
280 collection of penalties and expenses
Chapter 9 -- Miscellaneous
281 nonimmigrant visa fees
282 printing of reentry permits and blank forms of manifests and crew lists
283 travel expenses and expense of transporting remains of immigration officers and employees who die outside of the united states
284 members of the armed forces
285 disposal of privileges at immigrant stations
286 disposition of moneys collected under the provisions of this title
287 powers of immigration officers and employees
288 local jurisdiction over immigrant stations
289 American Indians born in Canada
290 central file; information from other departments and agencies
291 burden of proof
292 right to counsel
293 deposit of and interest on cash received to secure immigration bonds
294 undercover investigation authority
295 transportation of remains of immigration officers and border patrol agents killed in the line of duty
TITLE III
Chapter 1 -- nationality at birth and by collective naturalization
301 nationals and citizens of the united states at birth
302 persons born in Puerto Rico on or after April 11, 1899
303 persons born in the canal zone or republic of Panama on or after February 26, 1904
304 persons born in Alaska on or after march 30, 1867
305 persons born in Hawaii
306 persons living in and born in the virgin islands
307 persons living in and born in Guam
308 nationals but not citizens of the united states at birth
Chapter 2 -- nationality through naturalization
310 naturalization authority
311 eligibility for naturalization
312 requirements as to understanding the English language, history, principles, and form of government of the united states
313 prohibition upon the naturalization of persons opposed to government or law, or who favor totalitarian forms of government
314 ineligibility to naturalization of deserters from the armed forces of the united states
315 alien relieved from training and service in the armed forces of the united states because of alienage barred from citizenship
316 requirements as to residence, good moral character, attachment to the principles of the constitution, and favorable disposition to the united states
317 temporary absence of persons performing religious duties
318 prerequisites to naturalization; burden of proof
319 married persons and employees of certain nonprofit organizations
320 child born outside of united states of one alien and one citizen parent at time of birth; conditions under which citizenship automatically acquired
321 child born outside of united states of alien parent; conditions under which citizenship automatically acquired
322 child born outside the united states; application for certificate of citizenship requirements
324 former citizens of united states regaining united states citizenship
325 nationals but not citizens of the united states; residence within outlying possessions
326 resident Philippine citizens excepted from certain requirements
327 former united states citizens losing citizenship by entering the armed forces of foreign countries during world war ii
328 naturalization through service in the armed forces of the united states
329 naturalization through active-duty service in the armed forces during world war i, world war ii, the korean hostilities, the vietnam hostilities, or in other periods of military hostilities
329A posthumous citizenship through death while on active-duty service in the armed forces during world war i, world war ii, the korean hostilities, the vietnam hostilities, or in other periods of military hostilities
330 constructive residence through service on certain united states vessels
331 alien enemies; naturalization under specified conditions and procedure
332 procedural and administrative provisions; executive functions
333 photographs
334 application for naturalization; declaration of intention
335 investigation of applicants; examinations of applications
336 hearings on denials of applications for naturalization
337 oath of renunciation and allegiance
338 certificate of naturalization; contents
339 functions and duties of clerks and records of declarations of intention and applications for naturalization
340 revocation of naturalization
341 certificates of citizenship or u.s. non-citizen national status; procedure
342 cancellation of certificates issued by the attorney general, the commissioner or a deputy commissioner; action not to affect citizenship status
343 documents and copies issued by the attorney general
344 fiscal provisions
346 authorization granted for publication and distribution of citizenship textbooks from naturalization fees
347 compilation of naturalization statistics and payment for equipment
Chapter 3 -- loss of nationality
349 loss of nationality by native-born or naturalized citizen
351 restrictions on loss of nationality
356 nationality lost solely from performance of acts or fulfillment of conditions
357 application of treaties; exceptions
Chapter 4 -- miscellaneous
358 certificate of diplomatic or consular officer of the united states as to loss of American nationality under chapter iv, nationality act of 1940, or under chapter 3 of this title
359 certificate of nationality for a person not a naturalized citizen for use in proceedings of a foreign state.
360 judicial proceedings for declaration of united states nationality in event of denial of rights and privileges as national
361 cancellation of united states passports and consular reports of birth
TITLE IV (omitted -- no changes by AEDPA, there are changes by IIRIRA)
TITLE V -- ALIEN TERRORIST REMOVAL PROCEDURES
501 Definitions
502 establishment of removal court
503 removal court procedure
504 removal hearing
505 appeals
506 custody and release pending removal hearing
507 custody and release after removal hearing
Appendices
Appendix A -- Section 309 of IIRIRA -- Effective dates for Title III and transition rules
Appendix B -- Requirement for Study and Report on Implementation of Removal Procedures
Appendix C -- Transition Rules Regarding Custody
Appendix D -- Effective Dates for Judicial Review Amendments
Appendix E -- Public Law 104-302
Appendix F -- sections affected in title 18 of the united states code by IIRIRA
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