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8 U.S. Code § 1154 - Procedure for granting immigrant status

(a) Petitioning procedure
(1)
(A)
(i)
Except as provided in clause (viii), any citizen of theUnited States claiming that an alienis entitled to classification by reason of a relationship described in paragraph (1), (3), or (4) ofsection 1153(a) of this title or to an immediate relative status undersection 1151(b)(2)(A)(i) of this title may file a petition with the Attorney Generalfor such classification.
(ii)
Analien spouse described in the second sentence ofsection 1151(b)(2)(A)(i) of this title also may file a petition with the Attorney Generalunder this subparagraph for classification of the alien(and the alien’s children) under such section.
(iii)
(I) Analien who is described in subclause (II) may file a petition with theAttorney General under this clause for classification of the alien(and any child of the alien) if the aliendemonstrates to theAttorney General that—
(aa)
the marriage or the intent to marry theUnited States citizen was entered into in good faith by the alien; and
(bb)
during the marriage or relationship intended by thealien to be legally a marriage, thealien or a child of thealien has been battered or has been the subject of extreme cruelty perpetrated by thealien’s spouse orintended spouse.
(II) For purposes of subclause (I), analien described in this subclause is analien
(aa)
(AA)
who is the spouse of a citizen of theUnited States;
(BB)
who believed that he or she had married a citizen of theUnited States and with whom a marriage ceremony was actually performed and who otherwise meets any applicable requirements under this chapter to establish the existence of and bona fides of a marriage, but whose marriage is not legitimate solely because of the bigamy of such citizen of theUnited States; or
(CC) who was a bona fide spouse of aUnited States citizen within the past 2 years and—
(aaa)
whose spouse died within the past 2 years;
(bbb)
whose spouse lost or renounced citizenship status within the past 2 years related to an incident of domestic violence; or
(ccc)
who demonstrates a connection between the legal termination of the marriage within the past 2 years and battering or extreme cruelty by theUnited States citizen spouse;
(bb)
who is a person of good moral character;
(cc)
who is eligible to be classified as an immediate relative undersection 1151(b)(2)(A)(i) of this title or who would have been so classified but for the bigamy of the citizen of the United Statesthat the alienintended to marry; and
(dd)
who has resided with thealien’s spouse orintended spouse.
(iv)
Analien who is the child of a citizen of theUnited States, or who was a child of aUnited States citizen parent who within the past 2 years lost or renounced citizenship status related to an incident of domestic violence, and who is a person of good moral character, who is eligible to be classified as an immediate relative undersection 1151(b)(2)(A)(i) of this title, and who resides, or has resided in the past, with the citizen parent may file a petition with the Attorney Generalunder this subparagraph for classification of the alien(and any child of the alien) under such section if the aliendemonstrates to the Attorney Generalthat the alienhas been battered by or has been the subject of extreme cruelty perpetrated by the alien’s citizen parent. For purposes of this clause, residenceincludes any period of visitation.
(v) Analien who—
(I) is the spouse,intended spouse, or child living abroad of a citizen who—
(aa)
is an employee of theUnited States Government;
(bb)
is a member of the uniformedservices (as defined insection 101(a) of title 10); or
(cc)
has subjected thealien or thealien’s child to battery or extreme cruelty in theUnited States; and
(II)
is eligible to file a petition under clause (iii) or (iv),
shall file such petition with theAttorney General under the procedures that apply to self-petitioners under clause (iii) or (iv), as applicable.
(vi)
For the purposes of any petition filed under clause (iii) or (iv), the denaturalization, loss or renunciation of citizenship, death of the abuser, divorce, or changes to the abuser’s citizenship status after filing of the petition shall not adversely affect the approval of the petition, and for approved petitions shall not preclude the classification of the eligible self-petitioning spouse or child as an immediate relative or affect thealien’s ability to adjust status under subsections (a) and (c) ofsection 1255 of this title or obtain status as a lawful permanentresident based on the approved self-petition under such clauses.
(vii) Analien may file a petition with theSecretary of Homeland Security under this subparagraph for classification of the alienundersection 1151(b)(2)(A)(i) of this title if the alien—
(I)
is the parent of a citizen of theUnited States or was a parent of a citizen of theUnited States who, within the past 2 years, lost or renounced citizenship status related to an incident of domestic violence or died;
(II)
is a person of good moral character;
(III)
is eligible to be classified as an immediate relative undersection 1151(b)(2)(A)(i) of this title;
(IV)
resides, or has resided, with the citizen daughter or son; and
(V)
demonstrates that thealien has been battered or subject to extreme cruelty by the citizen daughter or son.
(viii)
(I)
Clause (i) shall not apply to a citizen of theUnited States who has been convicted of a specified offense against a minor, unless theSecretary of Homeland Security, in the Secretary’s sole and unreviewable discretion, determines that the citizen poses no risk to the alienwith respect to whom a petition described in clause (i) is filed.
(II)
For purposes of subclause (I), the term “specified offense against a minor” is defined as insection 20911 of title 34.
(B)
(i)
(I)
Except as provided in subclause (II), anyalienlawfully admitted for permanent residence claiming that an alienis entitled to a classification by reason of the relationship described insection 1153(a)(2) of this title may file a petition with the Attorney Generalfor such classification.
(I)
[1] Subclause (I) shall not apply in the case of an alien lawfully admitted for permanent residencewho has been convicted of a specified offense against a minor (as defined in subparagraph (A)(viii)(II)), unless theSecretary of Homeland Security, in the Secretary’s sole and unreviewable discretion, determines that such person poses no risk to the alienwith respect to whom a petition described in subclause (I) is filed.
(ii)
(I) Analien who is described in subclause (II) may file a petition with theAttorney General under this clause for classification of the alien(and any child of the alien) if such a child has not been classified under clause (iii) ofsection 1153(a)(2)(A) of this title and if the aliendemonstrates to the Attorney Generalthat—
(aa)
the marriage or the intent to marry the lawfulpermanent resident was entered into in good faith by the alien; and
(bb)
during the marriage or relationship intended by thealien to be legally a marriage, thealien or a child of thealien has been battered or has been the subject of extreme cruelty perpetrated by thealien’s spouse orintended spouse.
(II) For purposes of subclause (I), analien described in this paragraph is analien
(aa)
(AA)
who is the spouse of a lawfulpermanent resident of theUnited States; or
(BB)
who believed that he or she had married a lawfulpermanent resident of theUnited States and with whom a marriage ceremony was actually performed and who otherwise meets any applicable requirements under this chapter to establish the existence of and bona fides of a marriage, but whose marriage is not legitimate solely because of the bigamy of such lawful permanentresident of theUnited States; or
(CC) who was a bona fide spouse of a lawfulpermanent resident within the past 2 years and—
(aaa)
whose spouse lost status within the past 2 years due to an incident of domestic violence; or
(bbb)
who demonstrates a connection between the legal termination of the marriage within the past 2 years and battering or extreme cruelty by the lawfulpermanent resident spouse;
(bb)
who is a person of good moral character;
(cc)
who is eligible to be classified as a spouse of analienlawfully admitted for permanent residence undersection 1153(a)(2)(A) of this title or who would have been so classified but for the bigamy of the lawful permanentresident of the United Statesthat the alienintended to marry; and
(dd)
who has resided with thealien’s spouse orintended spouse.
(iii)
Analien who is the child of analienlawfully admitted for permanent residence, or who was the child of a lawful permanentresident who within the past 2 years lost lawful permanentresident status due to an incident of domestic violence, and who is a person of good moral character, who is eligible for classification undersection 1153(a)(2)(A) of this title, and who resides, or has resided in the past, with the alien’s permanentresident alienparent may file a petition with the Attorney Generalunder this subparagraph for classification of the alien(and any child of the alien) under such section if the aliendemonstrates to the Attorney Generalthat the alienhas been battered by or has been the subject of extreme cruelty perpetrated by the alien’s permanentresident parent.
(iv) Analien who—
(I) is the spouse,intended spouse, or child living abroad of a lawful permanentresident who—
(aa)
is an employee of theUnited States Government;
(bb)
is a member of the uniformedservices (as defined insection 101(a) of title 10); or
(cc)
has subjected thealien or thealien’s child to battery or extreme cruelty in theUnited States; and
(II)
is eligible to file a petition under clause (ii) or (iii),
shall file such petition with theAttorney General under the procedures that apply to self-petitioners under clause (ii) or (iii), as applicable.
(v)
(I)
For the purposes of any petition filed or approved under clause (ii) or (iii), divorce, or the loss of lawfulpermanent resident status by a spouse or parent after the filing of a petition under that clause shall not adversely affect approval of the petition, and, for an approved petition, shall not affect the alien’s ability to adjust status under subsections (a) and (c) ofsection 1255 of this title or obtain status as a lawful permanentresident based on an approved self-petition under clause (ii) or (iii).
(II)
Upon the lawfulpermanent resident spouse or parent becoming or establishing the existence ofUnited States citizenship throughnaturalization, acquisition of citizenship, or other means, any petition filed with the Immigration andNaturalization Serviceand pending or approved under clause (ii) or (iii) on behalf of an alienwho has been battered or subjected to extreme cruelty shall be deemed reclassified as a petition filed under subparagraph (A) even if the acquisition of citizenship occurs after divorce or termination of parental rights.
(C)
Notwithstandingsection 1101(f) of this title, an act or convictionthat is waivable with respect to the petitioner for purposes of a determination of the petitioner’s admissibility undersection 1182(a) of this title or deportability undersection 1227(a) of this title shall not bar the Attorney Generalfrom finding the petitioner to be of good moral character under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) if the Attorney Generalfinds that the act or convictionwas connected to the alien’s having been battered or subjected to extreme cruelty.
(D)
(i)
(I)
Any child who attains 21 years of age who has filed a petition under clause (iv) of subsection (a)(1)(A) or subsection (a)(1)(B)(iii) that was filed or approved before the date on which the child attained 21 years of age shall be considered (if the child has not been admitted or approved for lawfulpermanent residenceby the date the child attained 21 years of age) a petitioner for preference status under paragraph (1), (2), or (3) ofsection 1153(a) of this title, whichever paragraph is applicable, with the same priority date assigned to the self-petition filed under clause (iv) of subsection (a)(1)(A) or subsection (a)(1)(B)(iii). No new petition shall be required to be filed.
(II)
Any individual described in subclause (I) is eligible for deferred action and work authorization.
(III)
Any derivative child who attains 21 years of age who is included in a petition described in clause (ii) that was filed or approved before the date on which the child attained 21 years of age shall be considered (if the child has not been admitted or approved for lawfulpermanent residenceby the date the child attained 21 years of age) aVAWA self-petitioner with the same priority date as that assigned to the petitioner in any petition described in clause (ii). No new petition shall be required to be filed.
(IV)
Any individual described in subclause (III) and any derivative child of a petition described in clause (ii) is eligible for deferred action and work authorization.
(ii)
The petition referred to in clause (i)(III) is a petition filed by analien under subparagraph (A)(iii), (A)(iv), (B)(ii) or (B)(iii) in which the child is included as a derivative beneficiary.
(iii)
Nothing in the amendments made by theChild Status Protection Act shall be construed to limit or deny any right or benefit provided under this subparagraph.
(iv)
Anyalien who benefits from this subparagraph may adjust status in accordance with subsections (a) and (c) ofsection 1255 of this title as an alienhaving an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii).
(v)
For purposes of this paragraph, an individual who is not less than 21 years of age, who qualified to file a petition under subparagraph (A)(iv) or (B)(iii) as of the day before the date on which the individual attained 21 years of age, and who did not file such a petition before such day, shall be treated as having filed a petition under such subparagraph as of such day if a petition is filed for the status described in such subparagraph before the individual attains 25 years of age and the individual shows that the abuse was at least one central reason for the filing delay. Clauses (i) through (iv) of this subparagraph shall apply to an individual described in this clause in the same manner as an individual filing a petition under subparagraph (A)(iv) or (B)(iii).
(E)
Anyalien desiring to be classified undersection 1153(b)(1)(A) of this title, or any person on behalf of such an alien, may file a petition with the Attorney Generalfor such classification.
(F)
Any employer desiring and intending to employ within theUnited States an alienentitled to classification under section1153(b)(1)(B),1153(b)(1)(C),1153(b)(2), or1153(b)(3) of this title may file a petition with the Attorney Generalfor such classification.
(G)
(i)
Anyalien (other than aspecial immigrant undersection 1101(a)(27)(D) of this title) desiring to be classified undersection 1153(b)(4) of this title, or any person on behalf of such an alien, may file a petition with the Attorney Generalfor such classification.
(ii)
Aliens claiming status as aspecial immigrant undersection 1101(a)(27)(D) of this title may file a petition only with the Secretary of Stateand only after notification by the Secretary that such status has been recommended and approved pursuant to such section.
(H)
(i)
Anyalien seeking classification undersection 1153(b)(5) of this title may file a petition for such classification with theSecretary of Homeland Security. An alienseeking to pool his or her investment with 1 or more additional aliensseeking classification undersection 1153(b)(5) of this title shall file for such classification in accordance withsection 1153(b)(5)(E) of this title, or beforeMarch 15, 2022, in accordance withsection 1153(b)(5) of this title. An alienpetitioning for classification undersection 1153(b)(5)(E) of this title may file a petition with the Secretary after a regional center has filed an application for approval of an investment undersection 1153(b)(5)(F) of this title.
(ii)
A petitioner described in clause (i) shall establish eligibility at the time he or she files a petition for classification undersection 1153(b)(5) of this title. A petitioner who was eligible for such classification at the time of such filing shall be deemed eligible for such classification at the time such petition is adjudicated, subject to the approval of the petitioner’s associated application undersection 1153(b)(5)(F) of this title, if applicable.
(I)
(i)
Anyalien desiring to be provided animmigrant visa undersection 1153(c) of this title may file a petition at the place and time determined by the Secretary of Stateby regulation. Only one such petition may be filed by an alienwith respect to any petitioning period established. If more than one petition is submitted all such petitions submitted for such period by the alienshall be voided.
(ii)
(I)
The Secretary ofState shall designate a period for the filing of petitions with respect to visas which may be issued undersection 1153(c) of this title for the fiscal year beginning after the end of the period.
(II)
Aliens who qualify, through random selection, for a visa undersection 1153(c) of this title shall remain eligible to receive such visa only through the end of the specific fiscal year for which they were selected.
(III)
The Secretary ofState shall prescribe such regulations as may be necessary to carry out this clause.
(iii)
A petition under this subparagraph shall be in such form as the Secretary ofState may by regulation prescribe and shall contain such information and be supported by such documentary evidence as the Secretary ofState may require.
(J)
In acting on petitions filed under clause (iii) or (iv) of subparagraph (A) or clause (ii) or (iii) of subparagraph (B), or in making determinations under subparagraphs (C) and (D), theAttorney General shall consider any credible evidence relevant to the petition. The determination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of theAttorney General.
(K) Upon the approval of a petition as aVAWA self-petitioner, the alien—
(i)
is eligible for work authorization; and
(ii)
may be provided an “employment authorized” endorsement or appropriate work permit incidental to such approval.
(L)
Notwithstanding the previous provisions of this paragraph, an individual who was a VAWA petitioner or who had the status of a nonimmigrant under subparagraph (T) or (U) ofsection 1101(a)(15) of this title may not file a petition for classification under this section orsection 1184 of this title to classify any person who committed the battery or extreme cruelty or trafficking against the individual (or the individual’s child) which established the individual’s (or individual’s child [2]) eligibility as a VAWA petitioner or for such nonimmigrant status.
(2)
(A) TheAttorney General may not approve aspousal second preference petition for the classification of the spouse of an alienif the alien, by virtue of a prior marriage, has been accorded the status of an alien lawfully admitted for permanent residenceas the spouse of a citizen of the United Statesor as the spouse of an alien lawfully admitted for permanent residence, unless—
(i)
a period of 5 years has elapsed after the date thealien acquired the status of analienlawfully admitted for permanent residence, or
(ii)
thealien establishes to the satisfaction of theAttorney General by clear and convincing evidence that the prior marriage (on the basis of which the alienobtained the status of an alienlawfully admitted for permanent residence) was not entered into for the purpose of evading any provision of the immigration laws.
In this subparagraph, the term “spousal second preference petition” refers to a petition, seeking preference status undersection 1153(a)(2) of this title, for an alienas a spouse of an alien lawfully admitted for permanent residence.
(B)
Subparagraph (A) shall not apply to a petition filed for the classification of the spouse of analien if the prior marriage of thealien was terminated by the death of his or her spouse.
(b) Investigation; consultation; approval; authorization to grant preference status

After an investigation of the facts in each case, and after consultation with the Secretary of Labor with respect to petitions to accord a status under section1153(b)(2) or1153(b)(3) of this title, the Attorney Generalshall, if he determines that the facts stated in the petition are true and that the alienin behalf of whom the petition is made is an immediate relative specified insection 1151(b) of this title or is eligible for preference under subsection (a) or (b) ofsection 1153 of this title, approve the petition and forward one copy thereof to theDepartment of State. The Secretary of Stateshall then authorize the consular officerconcerned to grant the 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

Notwithstanding the provisions of subsection (b) no petition shall be approved if (1) thealien has previously been accorded, or has sought to be accorded, an immediate relative or preference status as the spouse of a citizen of theUnited States or the spouse of an alienlawfully admitted for permanent residence, by reason of a marriage determined by the Attorney Generalto have been entered into for the purpose of evading the immigration laws, or (2) the Attorney Generalhas determined that the alienhas attempted or conspired to enter into a marriage for the purpose of evading the immigration laws.

(d) Recommendation of valid home-study
(1)
Notwithstanding the provisions of subsections (a) and (b) no petition may be approved on behalf of a child defined in subparagraph (F) or (G) ofsection 1101(b)(1) of this title unless a valid home-study has been favorably recommended by an agency of the Stateof the child’s proposed residence, or by an agency authorized by that Stateto conduct such a study, or, in the case of a child adopted abroad, by an appropriate public or private adoption agency which is licensed in the United States.
(2)
Notwithstanding the provisions of subsections (a) and (b), no petition may be approved on behalf of a child defined insection 1101(b)(1)(G) of this title unless the Secretary of Statehas certified that the central authority of the child’s country of origin has notified the United Statescentral authority under the convention referred to in suchsection 1101(b)(1)(G) of this title that a United Statescitizen habitually resident in the United Stateshas effected final adoption of the child, or has been granted custody of the child for the purpose of emigration and adoption, in accordance with such convention and theIntercountry Adoption Act of 2000 [42 U.S.C. 14901 et seq.].
(e) Subsequent finding of non-entitlement to preference classification

Nothing in this section shall be construed to entitle an immigrant, in behalf of whom a petition under this section is approved, to be admitted [3] the United Statesas an immigrant under subsection (a), (b), or (c) ofsection 1153 of this title or as an immediate relative undersection 1151(b) of this title if upon his arrival at a port of entry in the United Stateshe is found not to be entitled to such classification.

(f) Preferential treatment for children fathered by United States citizens and born in Korea, Vietnam, Laos, Kampuchea, or Thailand after 1950 and beforeOctober 22, 1982
(1)
Anyalien claiming to be analien described in paragraph (2)(A) of this subsection (or any person on behalf of such analien) may file a petition with theAttorney General for classification under section1151(b),1153(a)(1), or1153(a)(3) of this title, as appropriate. After an investigation of the facts of each case the Attorney Generalshall, if the conditions described in paragraph (2) are met, approve the petition and forward one copy to the Secretary of State.
(2) TheAttorney General may approve a petition for an alienunder paragraph (1) if—
(A)
he has reason to believe that thealien (i) was born in Korea, Vietnam, Laos, Kampuchea, or Thailand after 1950 and beforeOctober 22, 1982, and (ii) was fathered by a United Statescitizen;
(B)
he has received an acceptable guarantee of legal custody and financial responsibility described in paragraph (4); and
(C)
in the case of analien under eighteen years of age, (i) thealien’s placement with a sponsor in theUnited States has been arranged by an appropriate public, private, or Statechild welfare agency licensed in theUnited States and actively involved in the intercountry placement of children and (ii) the alien’s mother or guardian has in writing irrevocably released the alienfor emigration.
(3) In considering petitions filed under paragraph (1), theAttorney General shall—
(A)
consult with appropriate governmental officials and officials of private voluntaryorganizations in the country of the alien’s birth in order to make the determinations described in subparagraphs (A) and (C)(ii) of paragraph (2); and
(B)
consider the physical appearance of thealien and any evidence provided by the petitioner, including birth and baptismal certificates, local civil records, photographs of, and letters or proof of financial support from, a putative father who is a citizen of theUnited States, and the testimony of witnesses, to the extent it is relevant or probative.
(4)
(A) A guarantee of legal custody and financial responsibility for analien described in paragraph (2) must—
(i)
be signed in the presence of animmigration officer or consular officerby an individual (hereinafter in this paragraph referred to as the “sponsor”) who is twenty-one years of age or older, is of good moral character, and is a citizen of the United Statesor alienlawfully admitted for permanent residence, and
(ii)
provide that the sponsor agrees (I) in the case of analien under eighteen years of age, to assume legal custody for thealien after thealien’s departure to theUnited States and until the alienbecomes eighteen years of age, in accordance with the laws of the Statewhere the alienand the sponsor will reside, and (II) to furnish, during the five-year period beginning on the date of the alien’s acquiring the status of an alienlawfully admitted for permanent residence, or during the period beginning on the date of the alien’s acquiring the status of an alienlawfully admitted for permanent residence and ending on the date on which the alienbecomes twenty-one years of age, whichever period is longer, such financial support as is necessary to maintain the family in the United Statesof which the alienis a member at a level equal to at least 125 per centum of the current official poverty line (as established by the Director of theOffice of Management and Budget, undersection 9902(2) of title 42 and as revised by the Secretary of Health and Human Servicesunder the second and third sentences of such section) for a family of the same size as the size of the alien’s family.
(B)
A guarantee of legal custody and financial responsibility described in subparagraph (A) may be enforced with respect to analien against his sponsor in a civil suit brought by theAttorney General in the United Statesdistrict court for the district in which the sponsor resides, except that a sponsor or his estate shall not be liable under such a guarantee if the sponsor dies or is adjudicated a bankrupt under title 11.
(g) Restriction on petitions based on marriages entered while in exclusion or deportation proceedings

Notwithstanding subsection (a), except as provided insection 1255(e)(3) of this title, a petition may not be approved to grant an alienimmediate relative status or preference status by reason of a marriage which was entered into during the period described insection 1255(e)(2) of this title, until the alienhas resided outside the United Statesfor a 2-year period beginning after the date of the marriage.

(h) Survival of rights to petition

The legal termination of a marriage may not be the sole basis for revocation undersection 1155 of this title of a petition filed under subsection (a)(1)(A)(iii) or a petition filed under subsection (a)(1)(B)(ii) pursuant to conditions described in subsection (a)(1)(A)(iii)(I). Remarriage of an alienwhose petition was approved under subsection (a)(1)(B)(ii) or (a)(1)(A)(iii) or marriage of an aliendescribed in clause (iv) or (vi) of subsection (a)(1)(A) or in subsection (a)(1)(B)(iii) shall not be the basis for revocation of a petition approval undersection 1155 of this title.

(i) Professional athletes
(1) In general

A petition under subsection (a)(4)(D) [4] for classification of a professional athleteshall remain valid for the athlete after the athlete changes employers, if the new employer is a team in the same sport as the team which was the employer who filed the petition.

(2) “Professional athlete” definedFor purposes of paragraph (1), the term “professional athlete” means an individual who is employed as an athlete by—
(A)
a team that is a member of an association of 6 or more professional sports teams whose total combined revenues exceed $10,000,000 per year, if the association governs the conduct of its members and regulates the contests and exhibitions in which its member teams regularly engage; or
(B)
any minor league team that is affiliated with such an association.
(j) Job flexibility for long delayed applicants for adjustment of status to permanent residence

A petition under subsection (a)(1)(D) 4 for an individual whose application for adjustment of status pursuant tosection 1255 of this title has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed.

(k) Procedures for unmarried sons and daughters of citizens
(1) In general

Except as provided in paragraph (2), in the case of a petition under this section initially filed for analienunmarried son or daughter’s classification as a family-sponsored immigrant undersection 1153(a)(2)(B) of this title, based on a parent of the son or daughter being an alien lawfully admitted for permanent residence, if such parent subsequently becomes a naturalized citizen of the United States, such petition shall be converted to a petition to classify the unmarriedson or daughter as a family-sponsored immigrant undersection 1153(a)(1) of this title.

(2) Exception

Paragraph (1) does not apply if the son or daughter files with theAttorney General a written statement that he or she elects not to have such conversion occur (or if it has occurred, to have such conversion revoked). Where such an election has been made, any determination with respect to the son or daughter’s eligibility for admission as a family-sponsored immigrant shall be made as if such naturalizationhad not taken place.

(3) Priority date

Regardless of whether a petition is converted under this subsection or not, if anunmarried son or daughter described in this subsection was assigned a priority date with respect to such petition before suchnaturalization, he or she may maintain that priority date.

(4) Clarification

This subsection shall apply to a petition if it is properly filed, regardless of whether it was approved or not before suchnaturalization.

(l) Surviving relative consideration for certain petitions and applications
(1) In general

Analien described in paragraph (2) who resided in theUnited States at the time of the death of the qualifying relative and who continues to reside in theUnited States shall have such petition described in paragraph (2), or an application for adjustment of status to that of a person admitted for lawful permanentresidence based upon the family relationship described in paragraph (2), and any related applications, adjudicated notwithstanding the death of the qualifying relative, unless theSecretary of Homeland Security determines, in the unreviewable discretion of the Secretary, that approval would not be in the public interest.

(2) Alien describedAnalien described in this paragraph is analien who, immediately prior to the death of his or her qualifying relative, was—
(A)
the beneficiary of a pending or approved petition for classification as an immediate relative (as described insection 1151(b)(2)(A)(i) of this title);
(B)
the beneficiary of a pending or approved petition for classification undersection 1153(a) or (d) of this title;
(C)
a derivative beneficiary of a pending or approved petition for classification undersection 1153(b) of this title (as described insection 1153(d) of this title);
(D)
the beneficiary of a pending or approvedrefugee/asylee relative petition under section1157 or1158 of this title;
(E)
analien admitted in “T” nonimmigrant status as described insection 1101(a)(15)(T)(ii) of this title or in “U” nonimmigrant status as described insection 1101(a)(15)(U)(ii) of this title;
(F)
a child of analien who filed a pending or approved petition for classification or application for adjustment of status or other benefit specified insection 1101(a)(51) of this title as a VAWA self-petitioner; or
(G)
an asylee (as described insection 1158(b)(3) of this title).
(June 27, 1952, ch. 477, title II, ch. 1, § 204,66 Stat. 179;Pub. L. 87–885, § 3,Oct. 24, 1962,76 Stat. 1247;Pub. L. 89–236, § 4,Oct. 3, 1965,79 Stat. 915;Pub. L. 94–571, § 7(b),Oct. 20, 1976,90 Stat. 2706;Pub. L. 95–417, §§ 2, 3,Oct. 5, 1978,92 Stat. 917;Pub. L. 96–470, title II, § 207,Oct. 19, 1980,94 Stat. 2245;Pub. L. 97–116, §§ 3, 18(d),Dec. 29, 1981,95 Stat. 1611, 1620;Pub. L. 97–359,Oct. 22, 1982,96 Stat. 1716;Pub. L. 99–639, §§ 2(c), 4(a), 5(b),Nov. 10, 1986,100 Stat. 3541, 3543;Pub. L. 100–525, § 9(g),Oct. 24, 1988,102 Stat. 2620;Pub. L. 101–649, title I, § 162(b), title VII, § 702(b),Nov. 29, 1990,104 Stat. 5010, 5086;Pub. L. 102–232, title III, §§ 302(e)(4), (5), 308(b), 309(b)(5),Dec. 12, 1991,105 Stat. 1745, 1746, 1757, 1758;Pub. L. 103–322, title IV, § 40701(a), (b)(1), (c),Sept. 13, 1994,108 Stat. 1953, 1954;Pub. L. 103–416, title II, § 219(b)(2),Oct. 25, 1994,108 Stat. 4316;Pub. L. 104–208, div. C, title III, § 308(e)(1)(A), (f)(2)(A), title VI, § 624(b),Sept. 30, 1996,110 Stat. 3009–619, 3009–621, 3009–699;Pub. L. 106–279, title III, § 302(b),Oct. 6, 2000,114 Stat. 839;Pub. L. 106–313, title I, § 106(c)(1),Oct. 17, 2000,114 Stat. 1254;Pub. L. 106–386, div. B, title V, §§ 1503(b)–(d), 1507(a)(1), (2), (b),Oct. 28, 2000,114 Stat. 1518–1521, 1529, 1530;Pub. L. 107–208, §§ 6, 7,Aug. 6, 2002,116 Stat. 929;Pub. L. 109–162, title VIII, §§ 805(a),(c), 814(b),(e), 816,Jan. 5, 2006,119 Stat. 3056, 3059, 3060;Pub. L. 109–248, title IV, § 402(a),July 27, 2006,120 Stat. 622;Pub. L. 109–271, § 6(a),Aug. 12, 2006,120 Stat. 762;Pub. L. 111–83, title V, § 568(d)(1),Oct. 28, 2009,123 Stat. 2187;Pub. L. 113–4, title VIII, § 803,Mar. 7, 2013,127 Stat. 111;Pub. L. 113–6, div. D, title V, § 563,Mar. 26, 2013,127 Stat. 380;Pub. L. 117–103, div. BB, § 105(a),Mar. 15, 2022,136 Stat. 1103.)


[1] So in original. Probably should be “(II)”.

[2] So in original. Probably should be “child’s”.

[3] So in original. Probably should be followed by “to”.

[4] See References in Text note below.
Editorial Notes
References in Text

This chapter, referred to in subsec. (a)(1)(A)(iii)(II)(aa)(BB), (B)(ii)(II)(aa)(BB), was in the original, “this Act”, meaning act June 27, 1952, ch. 477,66 Stat. 163, known as theImmigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out undersection 1101 of this title and Tables.

TheChild Status Protection Act, referred to in subsec. (a)(1)(D)(iii), isPub. L. 107–208,Aug. 6, 2002,116 Stat. 927, which amended this section and sections 1151, 1153, 1157, and 1158 of this title and enacted provisions set out as notes under sections 1101 and 1151 of this title. For complete classification of this Act to the Code, see Short Title of 2002 Amendments note set out undersection 1101 of this title and Tables.

TheIntercountry Adoption Act of 2000, referred to in subsec. (d)(2), isPub. L. 106–279,Oct. 6, 2000,114 Stat. 825, which is classified principally to chapter 143 (§ 14901 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out undersection 14901 of Title 42 and Tables.

Subsection (a)(4)(D) and subsection (a)(1)(D), referred to in subsecs. (i)(1) and (j), probably should refer to subsec. (a)(1)(F) of this section. The reference to subsec. (a)(4)(D) probably should have been to subsec. “(a)(1)(D)”, as no par. (4) of subsec. (a) has been enacted. Subsec. (a)(1)(D) of this section was redesignated subsec. (a)(1)(F) byPub. L. 106–386, § 1503(d)(1). See 2000 Amendment note below.

Amendments

2022—Subsec. (a)(1)(H).Pub. L. 117–103 amended subpar. (H) generally. Prior to amendment, subpar. (H) read as follows: “Any aliendesiring to be classified undersection 1153(b)(5) of this title may file a petition with the Attorney Generalfor such classification.”

2013—Subsec. (a)(1)(I)(iv).Pub. L. 113–6 temporarily added cl. (iv). Text read as follows: “Each petition to compete for consideration for a visa undersection 1153(c) of this title shall be accompanied by a fee equal to $30. All amounts collected under this clause shall be deposited into the Treasury as miscellaneous receipts.” See Effective and Termination Dates of 2013 Amendment note below.

Subsec. (l)(2)(F), (G).Pub. L. 113–4 added subpar. (F) and redesignated former subpar. (F) as (G).

2009—Subsec. (l).Pub. L. 111–83 added subsec. (l).

2006—Subsec. (a)(1)(A)(i).Pub. L. 109–248, § 402(a)(1), substituted “Except as provided in clause (viii), any” for “Any”.

Subsec. (a)(1)(A)(vii).Pub. L. 109–162, § 816, added cl. (vii).

Subsec. (a)(1)(A)(viii).Pub. L. 109–248, § 402(a)(2), added cl. (viii).

Subsec. (a)(1)(B)(i).Pub. L. 109–248, § 402(a)(3), redesignated cl. (i) as first subcl. (I), substituted “Except as provided in subclause (II), any alien” for “Any alien”, and added a second subcl. (I).

Subsec. (a)(1)(D)(v).Pub. L. 109–271, which directed insertion of “or (B)(iii)” after “(A)(iv)”, was executed by making the insertion after “(A)(iv)” both places it appeared, to reflect the probable intent ofCongress.

Pub. L. 109–162, § 805(c)(1), added cl. (v).

Subsec. (a)(1)(D)(i)(I).Pub. L. 109–162, § 805(a)(1)(A), inserted “or subsection (a)(1)(B)(iii)” after “subsection (a)(1)(A)” in two places.

Subsec. (a)(1)(D)(i)(III).Pub. L. 109–162, § 805(a)(1)(B), substituted “a VAWA self-petitioner” for “a petitioner for preference status under paragraph (1), (2), or (3) ofsection 1153(a) of this title, whichever paragraph is applicable,”.

Subsec. (a)(1)(D)(iv).Pub. L. 109–162, § 805(a)(2), added cl. (iv).

Subsec. (a)(1)(K).Pub. L. 109–162, § 814(b), added subpar. (K).

Subsec. (a)(1)(L).Pub. L. 109–162, § 814(e), added subpar. (L).

2002—Subsec. (a)(1)(D)(iii).Pub. L. 107–208, § 7, added cl. (iii).

Subsec. (k).Pub. L. 107–208, § 6, added subsec. (k).

2000—Subsec. (a)(1)(A)(iii).Pub. L. 106–386, § 1503(b)(1)(A), amended cl. (iii) generally. Prior to amendment, cl. (iii) read as follows: “An alienwho is the spouse of a citizen of the United States, who is a person of good moral character, who is eligible to be classified as an immediate relative undersection 1151(b)(2)(A)(i) of this title, and who has resided in the United Stateswith the alien’s spouse may file a petition with the Attorney Generalunder this subparagraph for classification of the alien(and any child of the alienif such a child has not been classified under clause (iv)) under such section if the aliendemonstrates to the Attorney Generalthat—

“(I) thealien is residing in theUnited States, the marriage between the alienand the spouse was entered into in good faith by the alien, and during the marriage the alienor a child of the alienhas been battered by or has been the subject of extreme cruelty perpetrated by the alien’s spouse; and

“(II) thealien is a person whose removal, in the opinion of theAttorney General, would result in extreme hardship to the alienor a child of the alien.

Subsec. (a)(1)(A)(iv).Pub. L. 106–386, § 1503(b)(2), amended cl. (iv) generally. Prior to amendment, cl. (iv) read as follows: “An alienwho is the child of a citizen of the United States, who is a person of good moral character, who is eligible to be classified as an immediate relative undersection 1151(b)(2)(A)(i) of this title, and who has resided in the United Stateswith the citizen parent may file a petition with the Attorney Generalunder this subparagraph for classification of the alienunder such section if the aliendemonstrates to the Attorney Generalthat—

“(I) thealien is residing in theUnited States and during the period of residencewith the citizen parent the alienhas been battered by or has been the subject of extreme cruelty perpetrated by the alien’s citizen parent; and

“(II) thealien is a person whose removal, in the opinion of theAttorney General, would result in extreme hardship to the alien.

Subsec. (a)(1)(A)(v).Pub. L. 106–386, § 1503(b)(3), added cl. (v).

Subsec. (a)(1)(A)(vi).Pub. L. 106–386, § 1507(a)(1), added cl. (vi).

Subsec. (a)(1)(B)(ii).Pub. L. 106–386, § 1503(c)(1), amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: “An alienwho is the spouse of an alien lawfully admitted for permanent residence, who is a person of good moral character, who is eligible for classification undersection 1153(a)(2)(A) of this title, and who has resided in the United Stateswith the alien’s legal permanentresident spouse may file a petition with the Attorney Generalunder this subparagraph for classification of the alien(and any child of the alienif such a child has not been classified under clause (iii)) under such section if the aliendemonstrates to the Attorney Generalthat the conditions described in subclauses (I) and (II) of subparagraph (A)(iii) are met with respect to the alien.

Subsec. (a)(1)(B)(iii).Pub. L. 106–386, § 1503(c)(2), amended cl. (iii) generally. Prior to amendment, cl. (iii) read as follows: “An alienwho is the child of an alien lawfully admitted for permanent residence, who is a person of good moral character, who is eligible for classification undersection 1153(a)(2)(A) of this title, and who has resided in the United Stateswith the alien’s permanentresident alienparent may file a petition with the Attorney Generalunder this subparagraph for classification of the alienunder such section if the aliendemonstrates to the Attorney Generalthat—

“(I) thealien is residing in theUnited States and during the period of residencewith the permanentresident parent the alienhas been battered by or has been the subject of extreme cruelty perpetrated by the alien’s permanentresident parent; and

“(II) thealien is a person whose removal, in the opinion of theAttorney General, would result in extreme hardship to the alien.

Subsec. (a)(1)(B)(iv).Pub. L. 106–386, § 1503(c)(3), added cl. (iv).

Subsec. (a)(1)(B)(v).Pub. L. 106–386, § 1507(a)(2), added cl. (v).

Subsec. (a)(1)(C) to (I).Pub. L. 106–386, § 1503(d)(1), (2), added subpars. (C) and (D) and redesignated former subpars. (C) to (G) as (E) to (I), respectively. Former subpar. (H) redesignated (J).

Subsec. (a)(1)(J).Pub. L. 106–386, § 1503(d)(1), (3), redesignated subpar. (H) as (J) and inserted “or in making determinations under subparagraphs (C) and (D),” after “subparagraph (B),”.

Subsec. (d).Pub. L. 106–279 designated existing provisions as par. (1), substituted “subparagraph (F) or (G) of section 1101(b)(1)” for “section 1101(b)(1)(F)”, and added par. (2).

Subsec. (h).Pub. L. 106–386, § 1507(b), inserted at end “Remarriage of an alienwhose petition was approved under subsection (a)(1)(B)(ii) or (a)(1)(A)(iii) or marriage of an aliendescribed in clause (iv) or (vi) of subsection (a)(1)(A) or in subsection (a)(1)(B)(iii) shall not be the basis for revocation of a petition approval undersection 1155 of this title.”

Subsec. (j).Pub. L. 106–313 added subsec. (j).

1996—Subsec. (a)(1)(A)(iii)(II), (iv)(II), (B)(iii)(II).Pub. L. 104–208, § 308(e)(1)(A), substituted “removal” for “deportation”.

Subsec. (e).Pub. L. 104–208, § 308(f)(2)(A), substituted “be admitted” for “enter”.

Subsec. (i).Pub. L. 104–208, § 624(b), added subsec. (i).

1994—Subsec. (a)(1).Pub. L. 103–322, § 40701(a), in subpar. (A), designated first sentence as cl. (i) and second sentence as cl. (ii) and added cls. (iii) and (iv), in subpar. (B), designated existing provisions as cl. (i) and added cls. (ii) and (iii), and added subpar. (H).

Subsec. (a)(1)(A).Pub. L. 103–416 in second sentence inserted “spouse” after“alien” and “of the alien(and the alien’s children)” after “for classification”.

Subsec. (a)(2).Pub. L. 103–322, § 40701(b)(1), in subpar. (A), substituted “for the classification of the spouse of an alienif the alien,” for “filed by an alienwho,” in introductory provisions and in subpar. (B), substituted “for the classification of the spouse of an alienif the prior marriage of the alien” for “by an alienwhose prior marriage”.

Subsec. (h).Pub. L. 103–322, § 40701(c), added subsec. (h).

1991—Subsec. (a)(1)(A).Pub. L. 102–232, § 302(e)(4)(A), inserted sentence at end authorizing filing of petitions by aliensdescribed in second sentence ofsection 1151(b)(2)(A)(i) of this title.

Subsec. (a)(1)(F).Pub. L. 102–232, § 302(e)(4)(B), substituted“Attorney General” for “Secretary of State”.

Subsec. (a)(1)(G)(iii).Pub. L. 102–232, § 302(e)(4)(C), struck out “or registration” after “petition”.

Subsec. (e).Pub. L. 102–232, § 302(e)(5), substituted “as an immigrant” for “as a immigrant”.

Subsec. (f)(4)(A)(ii)(II).Pub. L. 102–232, § 309(b)(5), substituted “the second and third sentences of such section” for “section 9847 of title 42”.

Subsec. (g).Pub. L. 102–232, § 308(b), made technical correction to directory language ofPub. L. 101–649, § 702(b). See 1990 Amendment note below.

1990—Subsec. (a)(1).Pub. L. 101–649, § 162(b)(1), added par. (1) and struck out former par. (1) which read as follows: “Any citizen of the United Statesclaiming that an alienis entitled to a preference status by reason of a relationship described in paragraph (1), (4), or (5) ofsection 1153(a) of this title, or to an immediate relative status undersection 1151(b) of this title, or any alien lawfully admitted for permanent residenceclaiming that an alienis entitled to a preference status by reason of the relationship described insection 1153(a)(2) of this title, or any aliendesiring to be classified as a preference immigrant undersection 1153(a)(3) of this title (or any person on behalf of such an alien), or any person desiring and intending to employ within the United Statesan alienentitled to classification as a preference immigrant undersection 1153(a)(6) of this title, may file a petition with the Attorney Generalfor such classification. The petition shall be in such form as the Attorney Generalmay by regulations prescribe and shall contain such information and be supported by such documentary evidence as the Attorney Generalmay require. The petition shall be made under oath administered by any individual having authority to administer oaths, if executed in the United States, but, if executed outside the United States, administered by a consular officeror an immigration officer.

Subsec. (b).Pub. L. 101–649, § 162(b)(2), substituted reference to section 1153(b)(2) or 1153(b)(3) of this title for reference to section 1153(a)(3) or (6) of this title, and reference to preference under section 1153(a) or (b) of this title for reference to a preference status undersection 1153(a) of this title.

Subsec. (e).Pub. L. 101–649, § 162(b)(3), substituted “immigrant under subsection (a), (b), or (c) ofsection 1153 of this title” for “preference immigrant undersection 1153(a) of this title”.

Subsec. (f).Pub. L. 101–649, § 162(b)(5), (6), redesignated subsec. (g) as (f) and struck out former subsec. (f) which related to applicability of provisions to qualified immigrants specified insection 1152(e) of this title.

Subsec. (f)(1).Pub. L. 101–649, § 162(b)(4), substituted reference tosection 1153(a)(3) of this title for reference tosection 1153(a)(4) of this title.

Subsec. (g).Pub. L. 101–649, § 702(b), as amended byPub. L. 102–232, § 308(b), inserted “except as provided insection 1255(e)(3) of this title,” after “Notwithstanding subsection (a),”.

Pub. L. 101–649, § 162(b)(6), redesignated subsec. (h) as (g). Former subsec. (g) redesignated as (f).

Subsec. (h).Pub. L. 101–649, § 162(b)(6), redesignated subsec. (h) as (g).

1988—Subsec. (c).Pub. L. 100–525, § 9(g)(1), substituted “an immediate relative” for “a nonquota”.

Subsec. (g)(3)(A).Pub. L. 100–525, § 9(g)(2), substituted “(C)(ii) of paragraph (2)” for “(C)(i) of paragraph 2”.

1986—Subsec. (a).Pub. L. 99–639, § 2(c), designated existing provisions as par. (1) and added par. (2).

Subsec. (c).Pub. L. 99–639, § 4(a), inserted “(1)” after “if” and “, or has sought to be accorded,” and added cl. (2).

Subsec. (h).Pub. L. 99–639, § 5(b), added subsec. (h).

1982—Subsec. (g).Pub. L. 97–359 added subsec. (g).

1981—Subsec. (a).Pub. L. 97–116, § 18(d), substituted “of a relationship described in paragraph” for “of the relationships described in paragraphs”.

Subsec. (d).Pub. L. 97–116, § 3, redesignated subsec. (e) as (d). Former subsec. (d), directing that the Attorney Generalforward to theCongress a Statistical summary of petitions for immigrant status approved by him under section 1153(a)(3) or 1153(a)(6) of this title and that the reports be submitted toCongress on the first and fifteenth day of each calendar month in whichCongress was in session, was struck out.

Subsecs. (e), (f).Pub. L. 97–116, § 3, redesignated as subsec. (e) the subsec. (f) relating to subsequent finding of non-entitlement. See 1978 Amendment note below. Former subsec. (e) redesignated (d).

1980—Subsec. (d).Pub. L. 96–470 substituted provision requiring the Attorney Generalto forward toCongress a statistical summary of approved petitions for professional or occupational preferences for provision requiring the Attorney Generalto forward toCongress a report on each petition approved for professional or occupational preference stating the basis for his approval and the facts pertinent in establishing qualifications for preferential status.

1978—Subsec. (c).Pub. L. 95–417, § 2, struck out “no more than two petitions may be approved for one petitioner on behalf of a child as defined in section 1101(b)(1)(E) or 1101(b)(1)(F) of this title unless necessary to prevent the separation of brothers and sisters and” after “subsection (b)”.

Subsecs. (e), (f).Pub. L. 95–417, § 3, added subsec. (e) and redesignated former subsec. (e), relating to subsequent finding of non-entitlement, as subsec. (f) without regard to existing subsec. (f), relating to provisions applicable to qualified immigrants, added byPub. L. 94–571.

1976—Subsec. (f).Pub. L. 94–571 added subsec. (f).

1965—Subsec. (a).Pub. L. 89–236 substituted provisions spelling out the statutory grounds for filing a petition for preference status and prescribing the authority of the Attorney Generalto require documentary evidence in support and the form of the petition, for provisions prohibiting consular officersfrom granting preference status before being authorized to do so in cases of applications based on membership in the ministry of a religious denomination or high education, technical training, or specialized experience which would be substantially beneficial to the United States.

Subsec. (b).Pub. L. 89–236 substituted provisions authorizing investigation of petitions by the Attorney General, consultation with the Secretary of Labor, and authorization to consular officers, for provisions specifying the form of application for preference status on the basis of membership in the ministry of a religious denomination or high education, technical training, or specialized experience which would be substantially beneficial to the United Statesand the circumstances making an application appropriate.

Subsec. (c).Pub. L. 89–236 substituted provisions limiting the number of orphan petitions which may be approved for one petitioner and prohibiting approval of any petition of an alienwhose prior marriage was determined by the Attorney Generalto have been entered into for the purpose of evading the immigration laws, for provisions which related to investigation of facts by the Attorney Generaland submission of reports toCongress covering the granting of preferential status.

Subsec. (d).Pub. L. 89–236 substituted provisions requiring the Attorney Generalto submit reports toCongress on each approved petition for professional or occupational preference, for provisions prohibiting a statutory construction of the section which would entitle an immigrant to preferential classification if, upon arrival at the port of entry, he was found not to be entitled to such classification.

Subsec. (e).Pub. L. 89–236 added subsec. (e).

1962—Subsec. (c).Pub. L. 87–885 provided for submission of reports toCongress.

Statutory Notes and Related Subsidiaries
Effective Date of 2022 Amendment

Pub. L. 117–103, div. BB, § 105(b),Mar. 15, 2022,136 Stat. 1103, provided that:

“(1) In general.—
The amendment made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Mar. 15, 2022].
“(2) Applicability to petitions.—
Section 204(a)(1)(H)(i) of theImmigration and Nationality Act [8 U.S.C. 1154(a)(1)(H)(i)], as added by subsection (a), shall apply to any petition for classification pursuant to section 203(b)(5)(E) of such Act (8 U.S.C. 1153(b)(5)(E)) that is filed with theSecretary of Homeland Security on or after the date of the enactment of this Act.”
Effective and Termination Dates of 2013 Amendment

Pub. L. 113–6, div. D, title V, § 563,Mar. 26, 2013,127 Stat. 380, provided in part that the amendment made by section 563 ofPub. L. 113—6 is effective during the period beginning onOct. 1, 2013, and ending onSept. 30, 2014.

Effective Date of 2002 Amendment

Amendment byPub. L. 107–208 effectiveAug. 6, 2002, and applicable to certain beneficiary aliens, seesection 8 of Pub. L. 107–208, set out as a note undersection 1151 of this title.

Effective Date of 2000 Amendment

Amendment byPub. L. 106–279 effectiveApr. 1, 2008, see section 505(a)(2), (b) ofPub. L. 106–279, set out as an Effective Dates; Transition Rule note undersection 14901 of Title 42, The Public Health and Welfare.

Effective Date of 1996 Amendment

Amendment by section 308(e)(1)(A), (f)(2)(A) ofPub. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days afterSept. 30, 1996, seesection 309 of Pub. L. 104–208, set out as a note undersection 1101 of this title.

Effective Date of 1994 Amendments

Amendment byPub. L. 103–416 effective as if included in the enactment of theImmigration Act of 1990,Pub. L. 101–649, seesection 219(dd) of Pub. L. 103–416, set out as a note undersection 1101 of this title.

Amendment byPub. L. 103–322 effectiveJan. 1, 1995, seesection 40701(d) of Pub. L. 103–322, set out as a note undersection 1151 of this title.

Effective Date of 1991 Amendment

Amendment by sections 302(e)(4), (5) and 308(b) ofPub. L. 102–232 effective as if included in the enactment of theImmigration Act of 1990,Pub. L. 101–649, seesection 310(1) of Pub. L. 102–232, set out as a note undersection 1101 of this title.

Effective Date of 1990 Amendment

Amendment bysection 162(b) of Pub. L. 101–649 effectiveNov. 29, 1990, but only insofar assection 162(b) relates to visas for fiscal years beginning with fiscal year 1992, with general transition provisions, see section 161(b), (c) ofPub. L. 101–649, set out as a note undersection 1101 of this title.

Pub. L. 101–649, title VII, § 702(c),Nov. 29, 1990,104 Stat. 5086, provided that:

“The amendments made by this section [amending sections1154 and1255 of this title] shall apply to marriages entered into before, on, or after the date of the enactment of this Act [Nov. 29, 1990].”
Effective Date of 1986 Amendment

Pub. L. 99–639, § 4(b),Nov. 10, 1986,100 Stat. 3543, provided that:

“The amendment made by subsection (a) [amending this section] shall apply to petitions filed on or after the date of the enactment of this Act [Nov. 10, 1986].”

Pub. L. 99–639, § 5(c),Nov. 10, 1986,100 Stat. 3543, provided that:

“The amendments made by this section [amending this section andsection 1255 of this title] shall apply to marriages entered into on or after the date of the enactment of this Act [Nov. 10, 1986].”
Effective Date of 1981 Amendment

Amendment byPub. L. 97–116 effectiveDec. 29, 1981, seesection 21(a) of Pub. L. 97–116, set out as a note undersection 1101 of this title.

Effective Date of 1976 Amendment

Amendment byPub. L. 94–571 effective on first day of first month which begins more than sixty days afterOct. 20, 1976, seesection 10 of Pub. L. 94–571, set out as a note undersection 1101 of this title.

Effective Date of 1965 Amendment

For effective date of amendment byPub. L. 89–236, seesection 20 of Pub. L. 89–236, set out as a note undersection 1151 of this title.

Construction of 2009 Amendment

Pub. L. 111–83, title V, § 568(d)(2),Oct. 28, 2009,123 Stat. 2187, provided that:

“Nothing in the amendment made by paragraph (1) [amending this section] may be construed to limit or waive any ground of removal, basis for denial of petition or application, or other criteria for adjudicating petitions or applications as otherwise provided under theimmigration laws of the United Statesother than ineligibility based solely on the lack of a qualifying family relationship as specifically provided by such amendment.”
Abolition of Immigration and Naturalization Service and Transfer of Functions

For abolition of Immigration andNaturalization Service, transfer of functions, and treatment of related references, see note set out undersection 1551 of this title.

Alien Sheepherders

Act Sept. 3, 1954, ch. 1254, §§ 1–3,68 Stat. 1145, provided for the importation of skilled aliensheepherders upon approval by the Attorney General, certification to the Secretary of Stateby the Attorney Generalof names and addresses of sheepherders whose applications for importation were approved, and issuance of not more than 385 special nonquota immigrant visas. Provisions of said act expired onSept. 3, 1955, by terms of section 1 thereof.

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