Legislación


US (United States) Code. Title 8. Chapter 12: Immigration and nationality


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8 USC CHAPTER 12 - IMMIGRATION AND NATIONALITY 01/06/03

-EXPCITE-

TITLE 8 - ALIENS AND NATIONALITY

CHAPTER 12 - IMMIGRATION AND NATIONALITY

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-HEAD-

CHAPTER 12 - IMMIGRATION AND NATIONALITY

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SUBCHAPTER I - GENERAL PROVISIONS

Sec.

1101. Definitions.

1102. Diplomatic and semidiplomatic immunities.

1103. Powers and duties of the Secretary, the Under Secretary, and

the Attorney General.

(a) Administration and enforcement.

(b) Land acquisition authority.

(c) Commissioner; appointment.

(d) Statistical information system.

(e) Annual report.

(f) Minimum number of agents in States.

(g) Attorney General.

1104. Powers and duties of Secretary of State.

(a) Powers and duties.

(b) Designation and duties of Administrator.

(c) Passport Office, Visa Office, and other offices;

directors.

(d) Transfer of duties.

(e) General Counsel of Visa Office; appointment and

duties.

1105. Liaison with internal security officers; data exchange.

(a) In general.

(b) Access to National Crime Information Center

files.

(c) Reconsideration upon development of more cost

effective means of sharing information.

(d) Regulations.

1105a, 1106. Repealed.

SUBCHAPTER II - IMMIGRATION

PART I - SELECTION SYSTEM

1151. Worldwide level of immigration.

(a) In general.

(b) Aliens not subject to direct numerical

limitations.

(c) Worldwide level of family-sponsored immigrants.

(d) Worldwide level of employment-based immigrants.

(e) Worldwide level of diversity immigrants.

(f) Rules for determining whether certain aliens are

immediate relatives.

1151a. Repealed.

1152. Numerical limitations on individual foreign states.

(a) Per country level.

(b) Rules for chargeability.

(c) Chargeability for dependent areas.

(d) Changes in territory.

(e) Special rules for countries at ceiling.

1153. Allocation of immigrant visas.

(a) Preference allocation for family-sponsored

immigrants.

(b) Preference allocation for employment-based

immigrants.

(c) Diversity immigrants.

(d) Treatment of family members.

(e) Order of consideration.

(f) Authorization for issuance.

(g) Lists.

(h) Rules for determining whether certain aliens are

children.

1154. Procedure for granting immigrant status.

(a) Petitioning procedure.

(b) Investigation; consultation; approval;

authorization to grant preference status.

(c) Limitation on orphan petitions approved for a

single petitioner; prohibition against approval

in cases of marriages entered into in order to

evade immigration laws; restriction on future

entry of aliens involved with marriage fraud.

(d) Recommendation of valid home-study.

(e) Subsequent finding of non-entitlement to

preference classification.

(f) Preferential treatment for children fathered by

United States citizens and born in Korea,

Vietnam, Laos, Kampuchea, or Thailand after

1950 and before October 22, 1982.

(g) Restriction on petitions based on marriages

entered while in exclusion or deportation

proceedings.

(h) Survival of rights to petition.

(i) Professional athletes.

(j) Job flexibility for long delayed applicants for

adjustment of status to permanent residence.

(k) Procedures for unmarried sons and daughters of

citizens.

1155. Revocation of approval of petitions; notice of revocation;

effective date.

1156. Unused immigrant visas.

1157. Annual admission of refugees and admission of emergency

situation refugees.

(a) Maximum number of admissions; increases for

humanitarian concerns; allocations.

(b) Determinations by President respecting number of

admissions for humanitarian concerns.

(c) Admission by Attorney General of refugees;

criteria; admission status of spouse or child;

applicability of other statutory requirements;

termination of refugee status of alien, spouse

or child.

(d) Oversight reporting and consultation

requirements.

(e) ''Appropriate consultation'' defined.

(f) Training.

1158. Asylum.

(a) Authority to apply for asylum.

(b) Conditions for granting asylum.

(c) Asylum status.

(d) Asylum procedure.

1159. Adjustment of status of refugees.

(a) Criteria and procedures applicable for admission

as immigrant; effect of adjustment.

(b) Maximum number of adjustments; recordkeeping.

(c) Applicability of other Federal statutory

requirements.

1160. Special agricultural workers.

(a) Lawful residence.

(b) Applications for adjustment of status.

(c) Waiver of numerical limitations and certain

grounds for exclusion.

(d) Temporary stay of exclusion or deportation and

work authorization for certain applicants.

(e) Administrative and judicial review.

(f) Temporary disqualification of newly legalized

aliens from receiving aid to families with

dependent children.

(g) Treatment of special agricultural workers.

(h) ''Seasonal agricultural services'' defined.

1161. Repealed.

PART II - ADMISSION QUALIFICATIONS FOR ALIENS; TRAVEL CONTROL OF

CITIZENS AND ALIENS

1181. Admission of immigrants into the United States.

(a) Documents required; admission under quotas before

June 30, 1968.

(b) Readmission without required documents; Attorney

General's discretion.

(c) Nonapplicability to aliens admitted as refugees.

1182. Inadmissible aliens.

(a) Classes of aliens ineligible for visas or

admission.

(b) Notices of denials.

(c) Repealed.

(d) Temporary admission of nonimmigrants.

(e) Educational visitor status; foreign residence

requirement; waiver.

(f) Suspension of entry or imposition of restrictions

by President.

(g) Bond and conditions for admission of alien

inadmissible on health-related grounds.

(h) Waiver of subsection (a)(2)(A)(i)(I), (II), (B),

(D), and (E).

(i) Admission of immigrant inadmissible for fraud or

willful misrepresentation of material fact.

(j) Limitation on immigration of foreign medical

graduates.

(k) Attorney General's discretion to admit otherwise

inadmissible aliens who possess immigrant

visas.

(l) Guam; waiver of requirements for nonimmigrant

visitors; conditions of waiver; acceptance of

funds from Guam.

(m) Requirements for admission of nonimmigrant

nurses.

(n) Labor condition application.

(o) Omitted.

(p) Computation of prevailing wage level.

(q) Academic honoraria.

(r) Exception for certain alien nurses.

(p) Consideration of benefits received as battered

alien in determination of inadmissibility as

likely to become public charge.

1182a to 1182c. Repealed.

1182d. Denial of visas to confiscators of American property.

(a) Denial of visas.

(b) Exceptions.

(c) Reporting requirement.

1182e. Denial of entry into United States of foreign nationals

engaged in establishment or enforcement of forced abortion or

sterilization policy.

(a) Denial of entry.

(b) Exceptions.

(c) Waiver.

1182f. Denial of entry into United States of Chinese and other

nationals engaged in coerced organ or bodily tissue

transplantation.

(a) Denial of entry.

(b) Exception.

(c) Waiver.

1183. Admission of aliens on giving bond or undertaking; return

upon permanent departure.

1183a. Requirements for sponsor's affidavit of support.

(a) Enforceability.

(b) Reimbursement of government expenses.

(c) Remedies.

(d) Notification of change of address.

(e) Jurisdiction.

(f) ''Sponsor'' defined.

(h) ''Federal poverty line'' defined.

(i) Sponsor's social security account number required

to be provided.

1184. Admission of nonimmigrants.

(a) Regulations.

(b) Presumption of status; written waiver.

(c) Petition of importing employer; involvement of

Departments of Labor and Agriculture.

(d) Issuance of visa to fiancAE1ee or fiancAE1e of

citizen.

(e) Nonimmigrant professionals and annual numerical

limit.

(f) Denial of crewmember status in case of certain

labor disputes.

(g) Temporary workers and trainees; limitation on

numbers.

(h) Intention to abandon foreign residence.

(i) ''Specialty occupation'' defined.

(j) Labor disputes.

(k) Numerical limitations; period of admission;

conditions for admission and stay; annual

report.

(l) Restrictions on waiver.

(m) Nonimmigrant elementary and secondary school

students.

(m) Increased portability of H-1B status.

(n) Nonimmigrants guilty of trafficking in persons.

(o) Requirements applicable to section 1101(a)(15)(U)

visas.

(o) Employment of nonimmigrants described in section

1101(a)(15)(V).

(p) Visas of nonimmigrants described in section

1101(a)(15)(K)(ii).

1184a. Philippine Traders as nonimmigrants.

1185. Travel control of citizens and aliens.

(a) Restrictions and prohibitions.

(b) Citizens.

(c) Definitions.

(d) Nonadmission of certain aliens.

(e) Revocation of proclamation as affecting

penalties.

(f) Permits to enter.

1186. Transferred.

1186a. Conditional permanent resident status for certain alien

spouses and sons and daughters.

(a) In general.

(b) Termination of status if finding that qualifying

marriage improper.

(c) Requirements of timely petition and interview for

removal of condition.

(d) Details of petition and interview.

(e) Treatment of period for purposes of

naturalization.

(f) Treatment of certain waivers.

(g) Definitions.

1186b. Conditional permanent resident status for certain alien

entrepreneurs, spouses, and children.

(a) In general.

(b) Termination of status if finding that qualifying

entrepreneurship improper.

(c) Requirements of timely petition and interview for

removal of condition.

(d) Details of petition and interview.

(e) Treatment of period for purposes of

naturalization.

(f) Definitions.

1187. Visa waiver program for certain visitors.

(a) Establishment of program.

(b) Waiver of rights.

(c) Designation of program countries.

(d) Authority.

(e) Carrier agreements.

(f) Duration and termination of designation.

(g) Visa application sole method to dispute denial of

waiver based on a ground of inadmissibility.

(h) Use of information technology systems.

1188. Admission of temporary H-2A workers.

(a) Conditions for approval of H-2A petitions.

(b) Conditions for denial of labor certification.

(c) Special rules for consideration of applications.

(d) Roles of agricultural associations.

(e) Expedited administrative appeals of certain

determinations.

(f) Violators disqualified for 5 years.

(g) Authorization of appropriations.

(h) Miscellaneous provisions.

(i) Definitions.

1189. Designation of foreign terrorist organizations.

(a) Designation.

(b) Judicial review of designation.

(c) Definitions.

PART III - ISSUANCE OF ENTRY DOCUMENTS

1201. Issuance of visas.

(a) Immigrants; nonimmigrants.

(b) Registration; photographs; waiver of requirement.

(c) Period of validity; requirement of visa.

(d) Physical examination.

(e) Surrender of visa.

(f) Surrender of documents.

(g) Nonissuance of visas or other documents.

(h) Nonadmission upon arrival.

(i) Revocation of visas or documents.

1201a. Repealed.

1202. Application for visas.

(a) Immigrant visas.

(b) Other documentary evidence for immigrant visa.

(c) Nonimmigrant visas; nonimmigrant registration;

form, manner and contents of application.

(d) Other documentary evidence for nonimmigrant visa.

(e) Signing and verification of application.

(f) Confidential nature of records.

(g) Nonimmigrant visa void at conclusion of

authorized period of stay.

1203. Reentry permit.

(a) Application; contents.

(b) Issuance of permit; nonrenewability.

(c) Multiple reentries.

(d) Presented and surrendered.

(e) Permit in lieu of visa.

1204. Immediate relative and special immigrant visas.

1205. Repealed.

PART IV - INSPECTION, APPREHENSION, EXAMINATION, EXCLUSION, AND

REMOVAL

1221. Lists of alien and citizen passengers arriving and departing.

(a) Arrival manifests.

(b) Departure manifests.

(c) Contents of manifest.

(d) Appropriate officials specified.

(e) Deadline for requirement of electronic

transmission of manifest information.

(f) Prohibition.

(g) Penalties against noncomplying shipments,

aircraft, or carriers.

(h) Waiver.

(i) United States border officer defined.

(j) Record of citizens and resident aliens leaving

permanently for foreign countries.

1222. Detention of aliens for physical and mental examination.

(a) Detention of aliens.

(b) Physical and mental examination.

(c) Certification of certain helpless aliens.

1223. Entry through or from foreign territory and adjacent islands.

(a) Necessity of transportation contract.

(b) Landing stations.

(c) Landing agreements.

(d) Definitions.

1224. Designation of ports of entry for aliens arriving by

aircraft.

1225. Inspection by immigration officers; expedited removal of

inadmissible arriving aliens; referral for hearing.

(a) Inspection.

(b) Inspection of applicants for admission.

(c) Removal of aliens inadmissible on security and

related grounds.

(d) Authority relating to inspections.

1225a. Preinspection at foreign airports.

(a) Establishment of preinspection stations.

(b) Establishment of carrier consultant program.

1226. Apprehension and detention of aliens.

(a) Arrest, detention, and release.

(b) Revocation of bond or parole.

(c) Detention of criminal aliens.

(d) Identification of criminal aliens.

(e) Judicial review.

1226a. Mandatory detention of suspected terrorists; habeas corpus;

judicial review.

(a) Detention of terrorist aliens.

(b) Habeas corpus and judicial review.

(c) Statutory construction.

1227. Deportable aliens.

(a) Classes of deportable aliens.

(b) Deportation of certain nonimmigrants.

(c) Waiver of grounds for deportation.

1228. Expedited removal of aliens convicted of committing

aggravated felonies.

(a) Removal of criminal aliens.

(b) Removal of aliens who are not permanent

residents.

(c) Presumption of deportability.

(c) Judicial removal.

1229. Initiation of removal proceedings.

(a) Notice to appear.

(b) Securing of counsel.

(c) Service by mail.

(d) Prompt initiation of removal.

1229a. Removal proceedings.

(a) Proceeding.

(b) Conduct of proceeding.

(c) Decision and burden of proof.

(d) Stipulated removal.

(e) Definitions.

1229b. Cancellation of removal; adjustment of status.

(a) Cancellation of removal for certain permanent

residents.

(b) Cancellation of removal and adjustment of status

for certain nonpermanent residents.

(c) Aliens ineligible for relief.

(d) Special rules relating to continuous residence or

physical presence.

(e) Annual limitation.

1229c. Voluntary departure.

(a) Certain conditions.

(b) At conclusion of proceedings.

(c) Aliens not eligible.

(d) Civil penalty for failure to depart.

(e) Additional conditions.

(f) Judicial review.

1230. Records of admission.

1231. Detention and removal of aliens ordered removed.

(a) Detention, release, and removal of aliens ordered

removed.

(b) Countries to which aliens may be removed.

(c) Removal of aliens arriving at port of entry.

(d) Requirements of persons providing transportation.

(e) Payment of expenses of removal.

(f) Aliens requiring personal care during removal.

(g) Places of detention.

(h) Statutory construction.

(i) Incarceration.

PART V - ADJUSTMENT AND CHANGE OF STATUS

1251. Transferred.

1251a. Repealed.

1252. Judicial review of orders of removal.

(a) Applicable provisions.

(b) Requirements for review of orders of removal.

(c) Requirements for petition.

(d) Review of final orders.

(e) Judicial review of orders under section

1225(b)(1).

(f) Limit on injunctive relief.

(g) Exclusive jurisdiction.

1252a, 1252b. Transferred or Repealed.

1252c. Authorizing State and local law enforcement officials to

arrest and detain certain illegal aliens.

(a) In general.

(b) Cooperation.

1253. Penalties related to removal.

(a) Penalty for failure to depart.

(b) Willful failure to comply with terms of release

under supervision.

(c) Penalties relating to vessels and aircraft.

(d) Discontinuing granting visas to nationals of

country denying or delaying accepting alien.

1254. Repealed.

1254a. Temporary protected status.

(a) Granting of status.

(b) Designations.

(c) Aliens eligible for temporary protected status.

(d) Documentation.

(e) Relation of period of temporary protected status

to cancellation of removal.

(f) Benefits and status during period of temporary

protected status.

(g) Exclusive remedy.

(h) Limitation on consideration in Senate of

legislation adjusting status.

(i) Annual report and review.

1255. Adjustment of status of nonimmigrant to that of person

admitted for permanent residence.

(a) Status as person admitted for permanent residence

on application and eligibility for immigrant

visa.

(b) Record of lawful admission for permanent

residence; reduction of preference visas.

(c) Alien crewmen, aliens continuing or accepting

unauthorized employment, and aliens admitted in

transit without visa.

(d) Alien admitted for permanent residence on

conditional basis; fiancAE1ee or fiancAE1e of

citizen.

(e) Restriction on adjustment of status based on

marriages entered while in admissibility or

deportation proceedings; bona fide marriage

exception.

(f) Limitation on adjustment of status.

(g) Special immigrants.

(h) Application with respect to special immigrants.

(i) Adjustment in status of certain aliens physically

present in United States.

(j) Adjustment to permanent resident status.

(k) Inapplicability of certain provisions for certain

employment-based immigrants.

(l) Adjustment of status for victims of trafficking.

(l) Adjustment of status for victims of crimes

against women.

1255a. Adjustment of status of certain entrants before January 1,

1982, to that of person admitted for lawful residence.

(a) Temporary resident status.

(b) Subsequent adjustment to permanent residence and

nature of temporary resident status.

(c) Applications for adjustment of status.

(d) Waiver of numerical limitations and certain

grounds for exclusion.

(e) Temporary stay of deportation and work

authorization for certain applicants.

(f) Administrative and judicial review.

(g) Implementation of section.

(h) Temporary disqualification of newly legalized

aliens from receiving certain public welfare

assistance.

(i) Dissemination of information on legalization

program.

1255b. Adjustment of status of certain nonimmigrants to that of

persons admitted for permanent residence.

(a) Application.

(b) Record of admission.

(c) Report to the Congress; resolution not favoring

adjustment of status; reduction of quota.

(d) Limitations.

1256. Rescission of adjustment of status; effect upon naturalized

citizen.

1257. Adjustment of status of certain resident aliens to

nonimmigrant status; exceptions.

1258. Change of nonimmigrant classification.

1259. Record of admission for permanent residence in the case of

certain aliens who entered the United States prior to January 1,

1972.

1260. Removal of aliens falling into distress.

PART VI - SPECIAL PROVISIONS RELATING TO ALIEN CREWMEN

1281. Alien crewmen.

(a) Arrival; submission of list; exceptions.

(b) Reports of illegal landings.

(c) Departure; submission of list; exceptions.

(d) Violations.

(e) Regulations.

1282. Conditional permits to land temporarily.

(a) Period of time.

(b) Revocation; expenses of detention.

(c) Penalties.

1283. Hospital treatment of alien crewmen afflicted with certain

diseases.

1284. Control of alien crewmen.

(a) Penalties for failure.

(b) Prima facie evidence against transportation line.

(c) Removal on other than arriving vessel or

aircraft; expenses.

1285. Employment on passenger vessels of aliens afflicted with

certain disabilities.

1286. Discharge of alien crewmen; penalties.

1287. Alien crewmen brought into the United States with intent to

evade immigration laws; penalties.

1288. Limitations on performance of longshore work by alien

crewmen.

(a) In general.

(b) ''Longshore work'' defined.

(c) Prevailing practice exception.

(d) State of Alaska exception.

(e) Reciprocity exception.

PART VII - REGISTRATION OF ALIENS

1301. Alien seeking entry; contents.

1302. Registration of aliens.

1303. Registration of special groups.

1304. Forms for registration and fingerprinting.

(a) Preparation; contents.

(b) Confidential nature.

(c) Information under oath.

(d) Certificate of alien registration or alien

receipt card.

(e) Personal possession of registration or receipt

card; penalties.

(f) Alien's social security account number.

1305. Notices of change of address.

(a) Notification of change.

(b) Current address of natives of any one or more

foreign states.

(c) Notice to parent or legal guardian.

1306. Penalties.

(a) Willful failure to register.

(b) Failure to notify change of address.

(c) Fraudulent statements.

(d) Counterfeiting.

PART VIII - GENERAL PENALTY PROVISIONS

1321. Prevention of unauthorized landing of aliens.

(a) Failure to report; penalties.

(b) Prima facie evidence.

(c) Liability of owners and operators of

international bridges and toll roads.

1322. Bringing in aliens subject to denial of admission on a

health-related ground; persons liable; clearance papers;

exceptions; ''person'' defined.

1323. Unlawful bringing of aliens into United States.

(a) Persons liable.

(b) Evidence.

(c) Remission or refund.

(d) Repealed.

(e) Reduction, refund, or waiver.

1324. Bringing in and harboring certain aliens.

(a) Criminal penalties.

(b) Seizure and forfeiture.

(c) Authority to arrest.

(d) Admissibility of videotaped witness testimony.

1324a. Unlawful employment of aliens.

(a) Making employment of unauthorized aliens

unlawful.

(b) Employment verification system.

(c) No authorization of national identification

cards.

(d) Evaluation and changes in employment verification

system.

(e) Compliance.

(f) Criminal penalties and injunctions for pattern or

practice violations.

(g) Prohibition of indemnity bonds.

(h) Miscellaneous provisions.

1324b. Unfair immigration-related employment practices.

(a) Prohibition of discrimination based on national

origin or citizenship status.

(b) Charges of violations.

(c) Special Counsel.

(d) Investigation of charges.

(e) Hearings.

(f) Testimony and authority of hearing officers.

(g) Determinations.

(h) Awarding of attorney's fees.

(i) Review of final orders.

(j) Court enforcement of administrative orders.

(k) Termination dates.

(l) Dissemination of information concerning

anti-discrimination provisions.

1324c. Penalties for document fraud.

(a) Activities prohibited.

(b) Exception.

(c) Construction.

(d) Enforcement.

(e) Criminal penalties for failure to disclose role

as document preparer.

(f) Falsely make.

1324d. Civil penalties for failure to depart.

(a) In general.

(b) Construction.

1325. Improper entry by alien.

(a) Improper time or place; avoidance of examination

or inspection; misrepresentation and

concealment of facts.

(b) Improper time or place; civil penalties.

(c) Marriage fraud.

(d) Immigration-related entrepreneurship fraud.

1326. Reentry of removed aliens.

(a) In general.

(b) Criminal penalties for reentry of certain removed

aliens.

(c) Reentry of alien deported prior to completion of

term of imprisonment.

(d) Limitation on collateral attack on underlying

deportation order.

1327. Aiding or assisting certain aliens to enter.

1328. Importation of alien for immoral purpose.

1329. Jurisdiction of district courts.

1330. Collection of penalties and expenses.

PART IX - MISCELLANEOUS

1351. Nonimmigrant visa fees.

1352. Printing of reentry permits and blank forms of manifest and

crew lists; sale to public.

1353. Travel expenses and expense of transporting remains of

officers and employees dying outside of United States.

1353a. Officers and employees; overtime services; extra

compensation; length of working day.

1353b. Extra compensation; payment.

1353c. Immigration officials; service in foreign contiguous

territory.

1353d. Disposition of money received as extra compensation.

1354. Applicability to members of the Armed Forces.

1355. Disposal of privileges at immigrant stations; rentals; retail

sale; disposition of receipts.

1356. Disposition of moneys collected under the provisions of this

subchapter.

(a) Detention, transportation, hospitalization, and

all other expenses of detained aliens; expenses

of landing stations.

(b) Purchase of evidence.

(c) Fees and administrative fines and penalties;

exception.

(d) Schedule of fees.

(e) Limitations on fees.

(f) Collection.

(g) Provision of immigration inspection and

preinspection services.

(h) Disposition of receipts.

(i) Reimbursement.

(j) Regulations.

(k) Advisory committee.

(l) Report to Congress.

(m) Immigration Examinations Fee Account.

(n) Reimbursement of administrative expenses;

transfer of deposits to General Fund of United

States Treasury.

(o) Annual financial reports to Congress.

(p) Additional effective dates.

(q) Land Border Inspection Fee Account.

(r) Breached Bond/Detention Fund.

(s) H-1B Nonimmigrant Petitioner Account.

(t) Genealogy Fee.

(u) Premium fee for employment-based petitions and

applications.

1357. Powers of immigration officers and employees.

(a) Powers without warrant.

(b) Administration of oath; taking of evidence.

(c) Search without warrant.

(d) Detainer of aliens for violation of controlled

substances laws.

(e) Restriction on warrantless entry in case of

outdoor agricultural operations.

(f) Fingerprinting and photographing of certain

aliens.

(g) Performance of immigration officer functions by

State officers and employees.

1358. Local jurisdiction over immigrant stations.

1359. Application to American Indians born in Canada.

1360. Establishment of central file; information from other

departments and agencies.

(a) Establishment of central file.

(b) Information from other departments and agencies.

(c) Reports on social security account numbers and

earnings of aliens not authorized to work.

(d) Certification of search of Service records.

1361. Burden of proof upon alien.

1362. Right to counsel.

1363. Deposit of and interest on cash received to secure

immigration bonds.

1363a. Undercover investigation authority.

(a) In general.

(b) Disposition of proceeds no longer required.

(c) Disposition of certain corporations and business

entities.

(d) Financial audits.

1363b. Repealed

1364. Triennial comprehensive report on immigration.

(a) Triennial report.

(b) Details in each report.

(c) History and projections.

(d) Recommendations.

1365. Reimbursement of States for costs of incarcerating illegal

aliens and certain Cuban nationals.

(a) Reimbursement of States.

(b) Illegal aliens convicted of a felony.

(c) Marielito Cubans convicted of a felony.

(d) Authorization of appropriations.

(e) ''State'' defined.

1365a. Integrated entry and exit data system.

(a) Requirement.

(b) Integrated entry and exit data system defined.

(c) Construction.

(d) Deadlines.

(e) Reports.

(f) Authority to provide access to system.

(g) Use of task force recommendations.

(h) Authorization of appropriations.

1366. Annual report on criminal aliens.

1367. Penalties for disclosure of information.

(a) In general.

(b) Exceptions.

(c) Penalties for violations.

1368. Increase in INS detention facilities; report on detention

space.

(a) Increase in detention facilities.

(b) Report on detention space.

1369. Treatment of expenses subject to emergency medical services

exception.

(a) In general.

(b) Confirmation of immigration status required.

(c) Administration.

(d) ''Emergency medical condition'' defined.

(e) Effective date.

1370. Reimbursement of States and localities for emergency

ambulance services.

1371. Reports.

1372. Program to collect information relating to nonimmigrant

foreign students and other exchange program participants.

(a) In general.

(b) Covered countries.

(c) Information to be collected.

(d) Participation by institutions of higher education

and exchange visitor programs.

(e) Funding.

(f) Joint report.

(g) Worldwide applicability of program.

(h) Definitions.

1373. Communication between government agencies and the Immigration

and Naturalization Service.

(a) In general.

(b) Additional authority of government entities.

(c) Obligation to respond to inquiries.

1374. Information regarding female genital mutilation.

(a) Provision of information regarding female genital

mutilation.

(b) Limitation.

(c) ''Female genital mutilation'' defined.

1375. Mail-order bride business.

(a) Findings.

(b) Information dissemination.

(c) Study.

(d) Report.

(e) Definitions.

1376. Data on nonimmigrant overstay rates.

(a) Collection of data.

(b) Annual report.

1377. Collection of data on detained asylum seekers.

(a) In general.

(b) Annual reports.

(c) Availability to public.

1378. Collection of data on other detained aliens.

(a) In general.

(b) Length of detention, transfers, and dispositions.

(c) Criminal aliens.

(d) Annual reports.

(e) Availability to public.

1379. Technology standard to confirm identity.

SUBCHAPTER III - NATIONALITY AND NATURALIZATION

PART I - NATIONALITY AT BIRTH AND COLLECTIVE NATURALIZATION

1401. Nationals and citizens of United States at birth.

1401a. Birth abroad before 1952 to service parent.

1401b. Repealed.

1402. Persons born in Puerto Rico on or after April 11, 1899.

1403. Persons born in the Canal Zone or Republic of Panama on or

after February 26, 1904.

1404. Persons born in Alaska on or after March 30, 1867.

1405. Persons born in Hawaii.

1406. Persons living in and born in the Virgin Islands.

1407. Persons living in and born in Guam.

1408. Nationals but not citizens of the United States at birth.

1409. Children born out of wedlock.

PART II - NATIONALITY THROUGH NATURALIZATION

1421. Naturalization authority.

(a) Authority in Attorney General.

(b) Court authority to administer oaths.

(c) Judicial review.

(d) Sole procedure.

1422. Eligibility for naturalization.

1423. Requirements as to understanding the English language,

history, principles and form of government of the United States.

1424. Prohibition upon the naturalization of persons opposed to

government or law, or who favor totalitarian forms of government.

1425. Ineligibility to naturalization of deserters from the Armed

Forces.

1426. Citizenship denied alien relieved of service in Armed Forces

because of alienage.

(a) Permanent ineligibility.

(b) Conclusiveness of records.

(c) Service in armed forces of foreign country.

1427. Requirements of naturalization.

(a) Residence.

(b) Absences.

(c) Physical presence.

(d) Moral character.

(e) Determination.

(f) Persons making extraordinary contributions to

national security.

1428. Temporary absence of persons performing religious duties.

1429. Prerequisite to naturalization; burden of proof.

1430. Married persons and employees of certain nonprofit

organizations.

1431. Children born outside the United States and residing

permanently in the United States; conditions under which

citizenship automatically acquired.

1432. Repealed.

1433. Children born and residing outside the United States;

conditions for acquiring certificate of citizenship.

(a) Application by citizen parents; requirements.

(b) Attainment of citizenship status; receipt of

certificate.

(c) Adopted children.

1434. Repealed.

1435. Former citizens regaining citizenship.

(a) Requirements.

(b) Additional requirements.

(c) Oath of allegiance.

(d) Persons losing citizenship for failure to meet

physical presence retention requirement.

1436. Nationals but not citizens; residence within outlying

possessions.

1437. Resident Philippine citizens excepted from certain

requirements.

1438. Former citizens losing citizenship by entering armed forces

of foreign countries during World War II.

(a) Requirements; oath; certified copies of oath.

(b) Exceptions.

(c) Status.

(d) Span of World War II.

(e) Inapplicability to certain persons.

1439. Naturalization through service in the armed forces.

(a) Requirements.

(b) Exceptions.

(c) Periods when not in service.

(d) Residence requirements.

(e) Moral character.

1440. Naturalization through active-duty service in the Armed

Forces during World War I, World War II, Korean hostilities,

Vietnam hostilities, or other periods of military hostilities.

(a) Requirements.

(b) Exceptions.

(c) Revocation.

1440-1. Posthumous citizenship through death while on active-duty

service in armed forces during World War I, World War II, the

Korean hostilities, the Vietnam hostilities, or in other periods

of military hostilities.

(a) Permitting granting of posthumous citizenship.

(b) Noncitizens eligible for posthumous citizenship.

(c) Requests for posthumous citizenship.

(d) Documentation of posthumous citizenship.

(e) No benefits to survivors.

1440a to 1440d. Omitted.

1440e. Exemption from naturalization fees for aliens naturalized

through service during Vietnam hostilities or other subsequent

period of military hostilities; report by clerks of courts to

Attorney General.

1441. Constructive residence through service on certain United

States vessels.

1442. Alien enemies.

(a) Naturalization under specified conditions.

(b) Procedure.

(c) Exceptions from classification.

(d) Effect of cessation of hostilities.

(e) Apprehension and removal.

1443. Administration.

(a) Rules and regulations governing examination of

applicants.

(b) Instruction in citizenship.

(c) Prescription of forms.

(d) Administration of oaths and depositions.

(e) Issuance of certificate of naturalization or

citizenship.

(f) Copies of records.

(g) Furnished quarters for photographic studios.

(h) Public education regarding naturalization

benefits.

1444. Photographs; number.

1445. Application for naturalization; declaration of intention.

(a) Evidence and form.

(b) Who may file.

(c) Hearings.

(d) Filing of application.

(e) Substitute filing place and administering oath

other than before Attorney General.

(f) Declaration of intention.

1446. Investigation of applicants; examination of applications.

(a) Waiver.

(b) Conduct of examinations; authority of designees;

record.

(c) Transmittal of record of examination.

(d) Determination to grant or deny application.

(e) Withdrawal of application.

(f) Transfer of application.

1447. Hearings on denials of applications for naturalization.

(a) Request for hearing before immigration officer.

(b) Request for hearing before district court.

(c) Appearance of Attorney General.

(d) Subpena of witnesses.

(e) Change of name.

1448. Oath of renunciation and allegiance.

(a) Public ceremony.

(b) Hereditary titles or orders of nobility.

(c) Expedited judicial oath administration ceremony.

(d) Rules and regulations.

1448a. Address to newly naturalized citizens.

1449. Certificate of naturalization; contents.

1450. Functions and duties of clerks and records of declarations of

intention and applications for naturalization.

1451. Revocation of naturalization.

(a) Concealment of material evidence; refusal to

testify.

(b) Notice to party.

(c) Membership in certain organizations; prima facie

evidence.

(d) Applicability to citizenship through

naturalization of parent or spouse.

(e) Citizenship unlawfully procured.

(f) Cancellation of certificate of naturalization.

(g) Applicability to certificates of naturalization

and citizenship.

(h) Power to correct, reopen, alter, modify, or

vacate order.

1452. Certificates of citizenship or U.S. non-citizen national

status; procedure.

(a) Application to Attorney General for certificate

of citizenship; proof; oath of allegiance.

(b) Application to Secretary of State for certificate

of non-citizen national status; proof; oath of

allegiance.

1453. Cancellation of certificates issued by Attorney General, the

Commissioner or a Deputy Commissioner; action not to affect

citizenship status.

1454. Documents and copies issued by Attorney General.

1455. Fiscal provisions.

1456. Repealed.

1457. Publication and distribution of citizenship textbooks; use of

naturalization fees.

1458. Compilation of naturalization statistics and payment for

equipment.

1459. Repealed.

PART III - LOSS OF NATIONALITY

1481. Loss of nationality by native-born or naturalized citizen;

voluntary action; burden of proof; presumptions.

1482. Repealed.

1483. Restrictions on loss of nationality.

1484 to 1487. Repealed.

1488. Nationality lost solely from performance of acts or

fulfillment of conditions.

1489. Application of treaties; exceptions.

PART IV - MISCELLANEOUS

1501. Certificate of diplomatic or consular officer of United

States as to loss of American nationality.

1502. Certificate of nationality issued by Secretary of State for

person not a naturalized citizen of United States for use in

proceedings of a foreign state.

1503. Denial of rights and privileges as national.

(a) Proceedings for declaration of United States

nationality.

(b) Application for certificate of identit




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Idioma: inglés
País: Estados Unidos

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