US (United States) Code. Title 18. Chapter 69: Nationality and citizenship

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Crimes and criminal procedure

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  • País: Estados Unidos Estados Unidos
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-CITE-

18 USC CHAPTER 69 - NATIONALITY AND CITIZENSHIP 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 69 - NATIONALITY AND CITIZENSHIP

.

-HEAD-

CHAPTER 69 - NATIONALITY AND CITIZENSHIP

-MISC1-

Sec.

1421. Accounts of court officers.

1422. Fees in naturalization proceedings.

1423. Misuse of evidence of citizenship or naturalization.

1424. Personation or misuse of papers in naturalization

proceedings.

1425. Procurement of citizenship or naturalization unlawfully.

1426. Reproduction of naturalization or citizenship papers.

1427. Sale of naturalization or citizenship papers.

1428. Surrender of canceled naturalization certificate.

1429. Penalties for neglect or refusal to answer subpena.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 3291 of this title.

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18 USC Sec. 1421 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 69 - NATIONALITY AND CITIZENSHIP

-HEAD-

Sec. 1421. Accounts of court officers

-STATUTE-

Whoever, being a clerk or assistant clerk of a court, or other

person charged by law with a duty to render true accounts of moneys

received in any proceeding relating to citizenship, naturalization,

or registration of aliens or to pay over any balance of such moneys

due to the United States, willfully neglects to do so within thirty

days after said payment shall become due and demand therefor has

been made, shall be fined under this title or imprisoned not more

than five years, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 766; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on subsections (a)(34), (d) and (l) of section 746 of title

8, U.S.C., 1940 ed., Aliens and Nationality (Oct. 14, 1940, ch.

876, Sec. 346(a)(34), (d), (l), 54 Stat. 1167, 1168).

Minor changes in phraseology only were made.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $5,000''.

-CITE-

18 USC Sec. 1422 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 69 - NATIONALITY AND CITIZENSHIP

-HEAD-

Sec. 1422. Fees in naturalization proceedings

-STATUTE-

Whoever knowingly demands, charges, solicits, collects, or

receives, or agrees to charge, solicit, collect, or receive any

other or additional fees or moneys in proceedings relating to

naturalization or citizenship or the registry of aliens beyond the

fees and moneys authorized by law, shall be fined under this title

or imprisoned not more than five years, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 766; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on subsections (a)(33), (d), (l) of section 746 of title 8,

U.S.C., 1940 ed., Aliens and Nationality (Oct. 14, 1940, ch. 876,

Sec. 346(a)(33), (d), (l), 54 Stat. 1167, 1168).

Minor changes in phraseology were made.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $5,000''.

-CITE-

18 USC Sec. 1423 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 69 - NATIONALITY AND CITIZENSHIP

-HEAD-

Sec. 1423. Misuse of evidence of citizenship or naturalization

-STATUTE-

Whoever knowingly uses for any purpose any order, certificate,

certificate of naturalization, certificate of citizenship,

judgment, decree, or exemplification, unlawfully issued or made, or

copies or duplicates thereof, showing any person to be naturalized

or admitted to be a citizen, shall be fined under this title or

imprisoned not more than five years, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 766; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on subsections (a)(14), (b), (d) of section 746 of title 8,

U.S.C., 1940 ed., Aliens and Nationality (Oct. 14, 1940, ch. 876,

Sec. 346(a)(14), (b), (d), 54 Stat. 1165, 1167).

Section consolidates subsections (a) paragraph (14), (b), (d),

and the general punishment provision of section 746 of title 8,

U.S.C., 1940 ed., Aliens and Nationality.

The reference ''for the purpose of voting'' was omitted as

surplusage being embraced in the all-inclusive phrase ''for any

purpose.''

Changes in phraseology were made.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $5,000''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3291 of this title.

-CITE-

18 USC Sec. 1424 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 69 - NATIONALITY AND CITIZENSHIP

-HEAD-

Sec. 1424. Personation or misuse of papers in naturalization

proceedings

-STATUTE-

Whoever, whether as applicant, declarant, petitioner, witness or

otherwise, in any naturalization or citizenship proceeding,

knowingly personates another or appears falsely in the name of a

deceased person or in an assumed or fictitious name; or

Whoever knowingly and unlawfully uses or attempts to use, as

showing naturalization or citizenship of any person, any order,

certificate, certificate of naturalization, certificate of

citizenship, judgment, decree, or exemplification, or copies or

duplicates thereof, issued to another person, or in a fictitious

name or in the name of a deceased person -

Shall be fined under this title or imprisoned not more than five

years, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 766; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on subsection (a) pars. (6)(a), (b), (15), (b), (d) of

section 746 of title 8, U.S.C., 1940 ed., Aliens and Nationality

(Oct. 14, 1940, ch. 876, Sec. 346(a), pars. (6), (15), (b), (d), 54

Stat. 1164, 1165, 1167).

Section consolidates, with minor verbal changes, subsections (a),

pars. (6)(a), (b), (15), (b), (d), and the general punishment

provision of section 746 of title 8, U.S.C., 1940 ed., Aliens and

Nationality.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $5,000'' in last par.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3291 of this title.

-CITE-

18 USC Sec. 1425 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 69 - NATIONALITY AND CITIZENSHIP

-HEAD-

Sec. 1425. Procurement of citizenship or naturalization unlawfully

-STATUTE-

(a) Whoever knowingly procures or attempts to procure, contrary

to law, the naturalization of any person, or documentary or other

evidence of naturalization or of citizenship; or

(b) Whoever, whether for himself or another person not entitled

thereto, knowingly issues, procures or obtains or applies for or

otherwise attempts to procure or obtain naturalization, or

citizenship, or a declaration of intention to become a citizen, or

a certificate of arrival or any certificate or evidence of

nationalization or citizenship, documentary or otherwise, or

duplicates or copies of any of the foregoing -

Shall be fined under this title or imprisoned not more than 25

years (if the offense was committed to facilitate an act of

international terrorism (as defined in section 2331 of this

title)), 20 years (if the offense was committed to facilitate a

drug trafficking crime (as defined in section 929(a) of this

title)), 10 years (in the case of the first or second such offense,

if the offense was not committed to facilitate such an act of

international terrorism or a drug trafficking crime), or 15 years

(in the case of any other offense), or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 766; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147; Pub. L.

104-208, div. C, title II, Sec. 211(a)(2), Sept. 30, 1996, 110

Stat. 3009-569; Pub. L. 107-273, div. B, title IV, Sec.

4002(a)(3), Nov. 2, 2002, 116 Stat. 1806.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on subsections (a) pars. (2)-(5), (7), (b), and (d) of

section 746 of Title 8, U.S.C., 1940 ed., Aliens and Nationality

(Oct. 14, 1940, ch. 876, Sec. 346(a), pars. (2)-(5), (7), (b), (d),

54 Stat. 1163, 1164, 1167).

Section consolidates five similar paragraphs, and the punishment

provisions of subsection (d) of said section 746 of title 8,

U.S.C., 1940 ed., Aliens and Nationality, with minor necessary

changes in translations and phraseology. Numerous references to

aiding and assisting were omitted as unnecessary as such persons

are principals under definitive section 2 of this title.

Words ''a certificate of arrival or'' were inserted before ''any

certificate'' in subsection (b), so as to remove any doubt as to

scope of section.

AMENDMENTS

2002 - Pub. L. 107-273 substituted ''to facilitate'' for ''to

facility'' in last par.

1996 - Pub. L. 104-208 substituted ''imprisoned not more than 25

years (if the offense was committed to facilitate an act of

international terrorism (as defined in section 2331 of this

title)), 20 years (if the offense was committed to facilitate a

drug trafficking crime (as defined in section 929(a) of this

title)), 10 years (in the case of the first or second such offense,

if the offense was not committed to facility such an act of

international terrorism or a drug trafficking crime), or 15 years

(in the case of any other offense)'' for ''imprisoned not more than

five years'' in last par.

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $5,000'' in last par.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-208 applicable with respect to offenses

occurring on or after Sept. 30, 1996, see section 211(c) of Pub. L.

104-208, set out as a note under section 1028 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 982, 1961, 2516, 3291 of

this title; title 8 section 1451.

-CITE-

18 USC Sec. 1426 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 69 - NATIONALITY AND CITIZENSHIP

-HEAD-

Sec. 1426. Reproduction of naturalization or citizenship papers

-STATUTE-

(a) Whoever falsely makes, forges, alters or counterfeits any

oath, notice, affidavit, certificate of arrival, declaration of

intention, certificate or documentary evidence of naturalization or

citizenship or any order, record, signature, paper or proceeding or

any copy thereof, required or authorized by any law relating to

naturalization or citizenship or registry of aliens; or

(b) Whoever utters, sells, disposes of or uses as true or

genuine, any false, forged, altered, antedated or counterfeited

oath, notice, affidavit, certificate of arrival, declaration of

intention to become a citizen, certificate or documentary evidence

of naturalization or citizenship, or any order, record, signature

or other instrument, paper or proceeding required or authorized by

any law relating to naturalization or citizenship or registry of

aliens, or any copy thereof, knowing the same to be false, forged,

altered, antedated or counterfeited; or

(c) Whoever, with intent unlawfully to use the same, possesses

any false, forged, altered, antedated or counterfeited certificate

of arrival, declaration of intention to become a citizen,

certificate or documentary evidence of naturalization or

citizenship purporting to have been issued under any law of the

United States, or copy thereof, knowing the same to be false,

forged, altered, antedated or counterfeited; or

(d) Whoever, without lawful authority, engraves or possesses,

sells or brings into the United States any plate in the likeness or

similitude of any plate designed, for the printing of a declaration

of intention, or certificate or documentary evidence of

naturalization or citizenship; or

(e) Whoever, without lawful authority, brings into the United

States any document printed therefrom; or

(f) Whoever, without lawful authority, possesses any blank

certificate of arrival, blank declaration of intention or blank

certificate of naturalization or citizenship provided by the

Immigration and Naturalization Service, with intent unlawfully to

use the same; or

(g) Whoever, with intent unlawfully to use the same, possesses a

distinctive paper adopted by the proper officer or agency of the

United States for the printing or engraving of a declaration of

intention to become a citizen, or certificate of naturalization or

certificate of citizenship; or

(h) Whoever, without lawful authority, prints, photographs, makes

or executes any print or impression in the likeness of a

certificate of arrival, declaration of intention to become a

citizen, or certificate of naturalization or citizenship, or any

part thereof -

Shall be fined under this title or imprisoned not more than 25

years (if the offense was committed to facilitate an act of

international terrorism (as defined in section 2331 of this

title)), 20 years (if the offense was committed to facilitate a

drug trafficking crime (as defined in section 929(a) of this

title)), 10 years (in the case of the first or second such offense,

if the offense was not committed to facilitate such an act of

international terrorism or a drug trafficking crime), or 15 years

(in the case of any other offense), or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 767; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147; Pub. L.

104-208, div. C, title II, Sec. 211(a)(2), Sept. 30, 1996, 110

Stat. 3009-569; Pub. L. 107-273, div. B, title IV, Sec.

4002(a)(3), Nov. 2, 2002, 116 Stat. 1806.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on subsections (a) pars. (8)-(12), (16), (17), (20)-(29),

(b), (d), (l) of section 746 of Title 8, U.S.C., 1940 ed., Aliens

and Nationality (Oct. 14, 1940, ch. 876, Sec. 346(a) pars.

(8)-(12), (16), (17), (20)-(29), (b), (d), (l), 54 Stat.

1164-1168).

Sections consolidates numerous similar paragraphs with necessary

changes in phraseology and translations.

References to persons causing, procuring, aiding, abetting, or

assisting were omitted as unnecessary, such persons being

principals under definitive section 2 of this title.

AMENDMENTS

2002 - Pub. L. 107-273 substituted ''to facilitate'' for ''to

facility'' in last par.

1996 - Pub. L. 104-208 substituted ''imprisoned not more than 25

years (if the offense was committed to facilitate an act of

international terrorism (as defined in section 2331 of this

title)), 20 years (if the offense was committed to facilitate a

drug trafficking crime (as defined in section 929(a) of this

title)), 10 years (in the case of the first or second such offense,

if the offense was not committed to facility such an act of

international terrorism or a drug trafficking crime), or 15 years

(in the case of any other offense)'' for ''imprisoned not more than

five years'' in last par.

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $5,000'' in last par.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-208 applicable with respect to offenses

occurring on or after Sept. 30, 1996, see section 211(c) of Pub. L.

104-208, set out as a note under section 1028 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of all other officers of Department of Justice and

functions of all agencies and employees of such Department, with a

few exceptions, transferred to Attorney General, with power vested

in him to authorize their performance or performance of any of his

functions by any of such officers, agencies, and employees, by

Reorg. Plan No. 2 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R.

3173, 64 Stat. 1261, set out in the Appendix to Title 5, Government

Organization and Employees.

ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF

FUNCTIONS

For abolition of Immigration and Naturalization Service, transfer

of functions, and treatment of related references, see note set out

under section 1551 of Title 8, Aliens and Nationality.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 982, 1961, 2516, 3291 of

this title.

-CITE-

18 USC Sec. 1427 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 69 - NATIONALITY AND CITIZENSHIP

-HEAD-

Sec. 1427. Sale of naturalization or citizenship papers

-STATUTE-

Whoever unlawfully sells or disposes of a declaration of

intention to become a citizen, certificate of naturalization,

certificate of citizenship or copies or duplicates or other

documentary evidence of naturalization or citizenship, shall be

fined under this title or imprisoned not more than 25 years (if the

offense was committed to facilitate an act of international

terrorism (as defined in section 2331 of this title)), 20 years (if

the offense was committed to facilitate a drug trafficking crime

(as defined in section 929(a) of this title)), 10 years (in the

case of the first or second such offense, if the offense was not

committed to facilitate such an act of international terrorism or a

drug trafficking crime), or 15 years (in the case of any other

offense), or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 767; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147; Pub. L.

104-208, div. C, title II, Sec. 211(a)(2), Sept. 30, 1996, 110

Stat. 3009-569; Pub. L. 107-273, div. B, title IV, Sec.

4002(a)(3), Nov. 2, 2002, 116 Stat. 1806.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on subsections (a) par. (13), (d) of section 746 of title

8, U.S.C., 1940 ed., Aliens and Nationality (Oct. 14, 1940, ch.

876, Sec. 346(a)(13), (d), 54 Stat. 1165, 1167).

Minor changes were made in phraseology.

AMENDMENTS

2002 - Pub. L. 107-273 substituted ''to facilitate'' for ''to

facility''.

1996 - Pub. L. 104-208 substituted ''imprisoned not more than 25

years (if the offense was committed to facilitate an act of

international terrorism (as defined in section 2331 of this

title)), 20 years (if the offense was committed to facilitate a

drug trafficking crime (as defined in section 929(a) of this

title)), 10 years (in the case of the first or second such offense,

if the offense was not committed to facility such an act of

international terrorism or a drug trafficking crime), or 15 years

(in the case of any other offense)'' for ''imprisoned not more than

five years''.

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $5,000''.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-208 applicable with respect to offenses

occurring on or after Sept. 30, 1996, see section 211(c) of Pub. L.

104-208, set out as a note under section 1028 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 982, 1961, 2516, 3291 of

this title.

-CITE-

18 USC Sec. 1428 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 69 - NATIONALITY AND CITIZENSHIP

-HEAD-

Sec. 1428. Surrender of canceled naturalization certificate

-STATUTE-

Whoever, having in his possession or control a certificate of

naturalization or citizenship or a copy thereof which has been

canceled as provided by law, fails to surrender the same after at

least sixty days' notice by the appropriate court or the

Commissioner or Deputy Commissioner of Immigration, shall be fined

under this title or imprisoned not more than five years, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 767; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on subsections (a) par. (31), (b), (d) of section 746 of

title 8, U.S.C., 1940 ed., Aliens and Nationality (Oct. 14, 1940,

ch. 876, Sec. 346(a) par. (31), (b), (d), 54 Stat. 1167).

Subsection (b) of said section 746 of title 8 is the authority

for inserting ''or a copy thereof'' after ''citizenship.''

Changes were made in phraseology.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $5,000''.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of all other officers of Department of Justice and

functions of all agencies and employees of such Department, with a

few exceptions, transferred to Attorney General, with power vested,

in him to authorize their performance or performance of any of his

functions by any of such officers, agencies, and employees, by

Reorg. Plan No. 2, of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R.

3173, 64 Stat. 1261, set out in the Appendix to Title 5, Government

Organization and Employees.

ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF

FUNCTIONS

For abolition of Immigration and Naturalization Service, transfer

of functions, and treatment of related references, see note set out

under section 1551 of Title 8, Aliens and Nationality.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3291 of this title.

-CITE-

18 USC Sec. 1429 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 69 - NATIONALITY AND CITIZENSHIP

-HEAD-

Sec. 1429. Penalties for neglect or refusal to answer subpena

-STATUTE-

Any person who has been subpenaed under the provisions of

subsection (d) of section 336 of the Immigration and Nationality

Act to appear at the final hearing of an application for

naturalization, and who shall neglect or refuse to so appear and to

testify, if in the power of such person to do so, shall be fined

under this title or imprisoned not more than five years, or both.

-SOURCE-

(Added June 27, 1952, ch. 477, title IV, Sec. 402(b), 66 Stat. 276;

amended Pub. L. 97-116, Sec. 18(u)(1), Dec. 29, 1981, 95 Stat.

1621; Pub. L. 101-649, title IV, Sec. 407(c)(21), Nov. 29, 1990,

104 Stat. 5041; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(K),

Sept. 13, 1994, 108 Stat. 2147.)

-REFTEXT-

REFERENCES IN TEXT

Subsection (d) of section 336 of the Immigration and Nationality

Act, referred to in text, is classified to section 1447(d) of Title

8, Aliens and Nationality.

-MISC2-

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $5,000''.

1990 - Pub. L. 101-649 substituted ''an application'' for ''a

petition''.

1981 - Pub. L. 97-116 substituted ''subsection (d)'' for

''subsection (e)''.

EFFECTIVE DATE OF 1990 AMENDMENT; SAVINGS PROVISIONS

Amendment by Pub. L. 101-649 effective Nov. 29, 1990, with

general savings provisions, see section 408(a)(3) and (d) of Pub.

L. 101-649, set out as a note under section 1421 of Title 8, Aliens

and Nationality.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section

21(a) of Pub. L. 97-116, set out as a note under section 1101 of

Title 8, Aliens and Nationality.

-CITE-