CHAPTER 12 — Immigration and Nationality
232 sections.
SUBCHAPTER I — GENERAL PROVISIONS 8 sections
- § 1101. — Definitions
- § 1102. — Diplomatic and semidiplomatic immunities
- § 1103. — Powers and duties of the Secretary, the Under Secretary, and the Attorney General
- § 1104. — Powers and duties of Secretary of State
- § 1105. — Liaison with internal security officers; data exchange
- § 1105a. — Employment authorization for battered spouses of certain nonimmigrants
- § 1106. — Repealed. Pub. L. 91–510, title IV, § 422(a), Oct. 26, 1970, 84 Stat. 1189
- § 1107. — Additional report
SUBCHAPTER II — IMMIGRATION 145 sections
Part I — Selection System 13 sections
- § 1151. — Worldwide level of immigration
- § 1151a. — Repealed. Pub. L. 94–571, § 7(g), Oct. 20, 1976, 90 Stat. 2706
- § 1152. — Numerical limitations on individual foreign states
- § 1153. — Allocation of immigrant visas
- § 1153a. — Transparency
- § 1154. — Procedure for granting immigrant status
- § 1155. — Revocation of approval of petitions; effective date
- § 1156. — Unused immigrant visas
- § 1157. — Annual admission of refugees and admission of emergency situation refugees
- § 1158. — Asylum
- § 1159. — Adjustment of status of refugees
- § 1160. — Special agricultural workers
- § 1161. — Repealed. Pub. L. 103–416, title II, § 219(ee)(1), Oct. 25, 1994, 108 Stat. 4319
Part II — Admission Qualifications for Aliens; Travel Control of Citizens and Aliens 18 sections
- § 1181. — Admission of immigrants into the United States
- § 1182. — Inadmissible aliens
- §§ 1182a to 1182c. — Repealed. Pub. L. 87–301, § 24(a)(1), (3), Sept. 26, 1961, 75 Stat. 657
- § 1182d. — Denial of visas to confiscators of American property
- § 1182e. — Denial of entry into United States of foreign nationals engaged in establishment or enforcement of forced abortion or sterilization policy
- § 1182f. — Denial of entry into United States of Chinese and other nationals engaged in coerced organ or bodily tissue transplantation
- § 1183. — Admission of aliens on giving bond or undertaking; return upon permanent departure
- § 1183a. — Requirements for sponsor’s affidavit of support
- § 1184. — Admission of nonimmigrants
- § 1184a. — Philippine Traders as nonimmigrants
- § 1185. — Travel control of citizens and aliens
- § 1186. — Transferred
- § 1186a. — Conditional permanent resident status for certain alien spouses and sons and daughters
- § 1186b. — Conditional permanent resident status for certain alien entrepreneurs, spouses, and children
- § 1187. — Visa waiver program for certain visitors
- § 1187a. — Provision of assistance to non-program countries
- § 1188. — Admission of temporary H–2A workers
- § 1189. — Designation of foreign terrorist organizations
Part III — Issuance of Entry Documents 6 sections
- § 1201. — Issuance of visas
- § 1201a. — Repealed. Pub. L. 99–653, § 5(b), formerly § 5(a)(d), Nov. 14, 1986, 100 Stat. 3656, renumbered § 5(b), Pub. L. 100–525, § 8(d)(2), Oct. 24, 1988, 102 Stat. 2617
- § 1202. — Application for visas
- § 1203. — Reentry permit
- § 1204. — Immediate relative and special immigrant visas
- § 1205. — Repealed. Pub. L. 87–301, § 24(a)(2), Sept. 26, 1961, 75 Stat. 657
Part IV — Inspection, Apprehension, Examination, Exclusion, and Removal 17 sections
- § 1221. — Lists of alien and citizen passengers arriving and departing
- § 1222. — Detention of aliens for physical and mental examination
- § 1223. — Entry through or from foreign territory and adjacent islands
- § 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
- § 1225a. — Preinspection at foreign airports
- § 1226. — Apprehension and detention of aliens
- § 1226a. — Mandatory detention of suspected terrorists; habeas corpus; judicial review
- § 1227. — Deportable aliens
- § 1228. — Expedited removal of aliens convicted of committing aggravated felonies
- § 1229. — Initiation of removal proceedings
- § 1229a. — Removal proceedings
- § 1229b. — Cancellation of removal; adjustment of status
- § 1229c. — Voluntary departure
- § 1230. — Records of admission
- § 1231. — Detention and removal of aliens ordered removed
- § 1232. — Enhancing efforts to combat the trafficking of children
Part V — Adjustment and Change of Status 18 sections
- § 1251. — Transferred
- § 1251a. — Repealed. Pub. L. 87–301, § 24(a)(3), Sept. 26, 1961, 75 Stat. 657
- § 1252. — Judicial review of orders of removal
- § 1252a. — Transferred
- § 1252b. — Repealed. Pub. L. 104–208, div. C, title III, § 308(b)(6), Sept. 30, 1996, 110 Stat. 3009–615
- § 1252c. — Authorizing State and local law enforcement officials to arrest and detain certain illegal aliens
- § 1253. — Penalties related to removal
- § 1254. — Repealed. Pub. L. 104–208, div. C, title III, § 308(b)(7), Sept. 30, 1996, 110 Stat. 3009–615
- § 1254a. — Temporary protected status
- § 1254b. — Collection of fees under temporary protected status program
- § 1255. — Adjustment of status of nonimmigrant to that of person admitted for permanent residence
- § 1255a. — Adjustment of status of certain entrants before January 1, 1982, to that of person admitted for lawful residence
- § 1255b. — Adjustment of status of certain nonimmigrants to that of persons admitted for permanent residence
- § 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 8 sections
- § 1281. — Alien crewmen
- § 1282. — Conditional permits to land temporarily
- § 1283. — Hospital treatment of alien crewmen afflicted with certain diseases
- § 1284. — Control of alien crewmen
- § 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
Part VII — Registration of Aliens 6 sections
Part VIII — General Penalty Provisions 14 sections
- § 1321. — Prevention of unauthorized landing of aliens
- § 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
- § 1324. — Bringing in and harboring certain aliens
- § 1324a. — Unlawful employment of aliens
- § 1324b. — Unfair immigration-related employment practices
- § 1324c. — Penalties for document fraud
- § 1324d. — Civil penalties for failure to depart
- § 1325. — Improper entry by alien
- § 1326. — Reentry of removed aliens
- § 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 45 sections
- § 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
- § 1357. — Powers of immigration 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
- § 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
- § 1363b. — Repealed. Pub. L. 105–277, div. A, § 101(b) [title I, § 109(b)], Oct. 21, 1998, 112 Stat. 2681–50, 2681–67
- § 1364. — Triennial comprehensive report on immigration
- § 1365. — Reimbursement of States for costs of incarcerating illegal aliens and certain Cuban nationals
- § 1365a. — Integrated entry and exit data system
- § 1365b. — Biometric entry and exit data system
- § 1366. — Annual report on criminal aliens
- § 1367. — Penalties for disclosure of information
- § 1368. — Increase in INS detention facilities; report on detention space
- § 1369. — Treatment of expenses subject to emergency medical services exception
- § 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
- § 1373. — Communication between government agencies and the Immigration and Naturalization Service
- § 1374. — Information regarding female genital mutilation
- § 1375. — Repealed. Pub. L. 109–162, title VIII, § 833(g), Jan. 5, 2006, 119 Stat. 3077
- § 1375a. — Domestic violence information and resources for immigrants and regulation of international marriage brokers
- § 1375b. — Protections for domestic workers and other nonimmigrants
- § 1375c. — Protections, remedies, and limitations on issuance for A–3 and G–5 visas
- § 1376. — Data on nonimmigrant overstay rates
- § 1377. — Collection of data on detained asylum seekers
- § 1377a. — Report on aliens determined to have credible or reasonable fear of persecution or torture
- § 1378. — Collection of data on other detained aliens
- § 1378a. — Report on aliens detained
- § 1379. — Technology standard to confirm identity
- § 1380. — Maintenance of statistics by the Department of Homeland Security
- § 1381. — Secretary of Labor report
- § 1382. — Acceptance and administration of gifts for immigration integration grants program
SUBCHAPTER III — NATIONALITY AND NATURALIZATION 67 sections
Part I — Nationality at Birth and Collective Naturalization 11 sections
- § 1401. — Nationals and citizens of United States at birth
- § 1401a. — Birth abroad before 1952 to service parent
- § 1401b. — Repealed. Pub. L. 92–584, § 2, Oct. 27, 1972, 86 Stat. 1289
- § 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 46 sections
- § 1421. — Naturalization authority
- § 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
- § 1427. — Requirements of naturalization
- § 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 lawfully admitted for permanent residence; conditions under which citizenship automatically acquired
- § 1432. — Repealed. Pub. L. 106–395, title I, § 103(a), Oct. 30, 2000, 114 Stat. 1632
- § 1433. — Children born and residing outside the United States; conditions for acquiring certificate of citizenship
- § 1434. — Repealed. Pub. L. 95–417, § 7, Oct. 5, 1978, 92 Stat. 918
- § 1435. — Former citizens regaining citizenship
- § 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
- § 1439. — Naturalization through service in the armed forces
- § 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
- § 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
- §§ 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
- § 1440f. — Fingerprints and other biometric information for members of the United States Armed Forces
- § 1440g. — Provision of information on military naturalization
- § 1441. — Constructive residence through service on certain United States vessels
- § 1442. — Alien enemies
- § 1443. — Administration
- § 1443a. — Naturalization proceedings overseas for members of the Armed Forces and their spouses and children
- § 1444. — Photographs; number
- § 1445. — Application for naturalization; declaration of intention
- § 1446. — Investigation of applicants; examination of applications
- § 1447. — Hearings on denials of applications for naturalization
- § 1448. — Oath of renunciation and allegiance
- § 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
- § 1452. — Certificates of citizenship or U.S. non-citizen national status; procedure
- § 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. Pub. L. 86–682, § 12(c), Sept. 2, 1960, 74 Stat. 708, eff. Sept. 1, 1960
- § 1457. — Publication and distribution of citizenship textbooks; use of naturalization fees
- § 1458. — Compilation of naturalization statistics and payment for equipment
- § 1459. — Repealed. Pub. L. 101–649, title IV, § 407(d)(20), Nov. 29, 1990, 104 Stat. 5046
Part III — Loss of Nationality 6 sections
- § 1481. — Loss of nationality by native-born or naturalized citizen; voluntary action; burden of proof; presumptions
- § 1482. — Repealed. Pub. L. 95–432, § 1, Oct. 10, 1978, 92 Stat. 1046
- § 1483. — Restrictions on loss of nationality
- §§ 1484 to 1487. — Repealed. Pub. L. 95–432, § 2, Oct. 10, 1978, 92 Stat. 1046
- § 1488. — Nationality lost solely from performance of acts or fulfillment of conditions
- § 1489. — Application of treaties; exceptions
Part IV — Miscellaneous 4 sections
- § 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
- § 1504. — Cancellation of United States passports and Consular Reports of Birth
SUBCHAPTER IV — REFUGEE ASSISTANCE 5 sections
- § 1521. — Office of Refugee Resettlement; establishment; appointment of Director; functions
- § 1522. — Authorization for programs for domestic resettlement of and assistance to refugees
- § 1523. — Congressional reports
- § 1524. — Authorization of appropriations
- § 1525. — Repealed. Pub. L. 103–236, title I, § 162(m)(3), Apr. 30, 1994, 108 Stat. 409