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IMMIGRATION and NATIONALITY ACT of 1952 Reflecting Amendments Through December 2, 1997

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IMMIGRATION and NATIONALITY ACT of 1952 Reflecting Amendments Through December 2, 1997 IMMIGRATION AND NATIONALITY ACT of 1952 Reflecting Amendments through December 2, 1997 In the Table of Contents click on hyperlinks to take you to the page where the section you want to see starts. Where hyperlinks are inserted in the document text click them to go to the referenced document or section. Tips for navigating through this document: · Select Bookmarks and Page [Ctrl+7] from the View menu and a listing of the bookmarked sections in the table of contents with hyperlinks will appear. Use this to move quickly to a specific section of the table of contents and to see sections near your selection. For example, selecting the 501 bookmark will show you all of the Title V sections in the table of contents. Then you can hypertext jump to section 501 or another Title V section. · If you use the double back arrows you can jump back to the exact spot in the table of contents where you hyperlinked to the current page you are viewing. · Selecting the section heading hyperlinks will return you to the top of the table of contents. Editor's note: This document is prepared by INS General Counsel's Office with the assistance of the Immigration Officer Training Academy to assist in training INS personnel. Although every effort has been made to assure accuracy in this document, it is not an official codification or publication of the law. Thus, all citations to the INA should be verified by reference to the applicable Public Law or its codification in 8 U.S.C.. The footnotes contained in this document, the section headings the Appendices, and the table of contents are not part of the law. If you find any errors in this document or have any suggestions for improvements of future releases please contact INS Legislative Counsel. This version supercedes all previous versions released before 3/1/98. Please note the following savings provisions of IIRIRA which are not codified in the INA: SEC. 308. * * * * (g) CONFORMING REFERENCES TO REORGANIZED SECTIONS.— (1) REFERENCES TO SECTIONS 232, 234, 238, 239, 240, 241, 242A, AND 244A.—Any reference in law in effect on the day before the date of the enactment of this Act to section 232, 234, 238, 239, 240, 241, 242A, or 244A of the Immigration and Nationality Act (or a subdivision of such section) is deemed, as of the title III-A effective date, to refer to section 232(a), 232(b), 233, 234, 234A, 237, 238, or 244 of such Act (or the corresponding subdivision of such section), as redesignated by this subtitle. Any reference in law to section 241 (or a subdivision of such section) of the Immigration and Nationality Act in an amendment made by a subsequent subtitle of this title is deemed a reference (as of the title III-A effective date) to section 237 (or the corresponding subdivision of such section), as redesignated by this subtitle. * * * * Sec. 309. * * * * (d) TRANSITIONAL REFERENCES.—For purposes of carrying out the Immigration and Nationality Act, as amended by this subtitle— (1) any reference in section 212(a)(1)(A) of such Act to the term "inadmissible" is deemed to include a reference to the term "excludable", and (2) any reference in law to an order of removal shall be deemed to include a reference to an order of exclusion and deportation or an order of deportation. * * * * Citations To Recent Major Public Laws Affecting Or Amending The Immigration And Nationality Act Of 1952 IMMACT is the Immigration Act of 1990, Pub. L. No. 101-649, 104 Stat. 4978 (November 29, 1990). MTINA is the Miscellaneous and Technical Immigration and Naturalization Amendments of 1991, Pub. L. No. 102-232, 105 Stat, 1733 (December 12, 1991). VCCLEA is the Violent Crime Control and Law Enforcement Act of 1994, Pub. L. No. 103-322, 108 Stat. 1796 (September 13, 1994). INTCA is the Immigration and Naturalization Technical Corrections Act of 1994, Pub. L. No. 103- 416, 108 Stat. 4305 (October 25, 1994). AEDPA is the Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-132, 110 Stat. 1214 (April 24, 1996). IIRIRA is the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Pub. L. No. 104-208, 110 Stat. 3546 (September 30, 1996). NACARA is the Nicaraguan and Central American Relief Act of 1997, Pub. L. No. 105-100, 111 Stat. 2193 (November 19, 1997)(Amended by Pub. L No. 105-139, 111 Stat. 2644 (December 2, 1997)). Departments of Commerce, State and Justice Appropriations Act for 1998, Pub. L. No. 105-119, 111 Stat. 2440, 2157-61 (1997)(INA amendments found in §§ 100-113, 116, 124, and 126). 2 TABLE OF CONTENTS* TITLE I ....................................................................................................................................14 101 Definitions.........................................................................................................................14 102 Applicability Of Title II To Certain Nonimmigrants......................................................35 103 Powers And Duties Of The Attorney General And The Commissioner.........................35 104 Powers And Duties Of The Secretary Of State ...............................................................38 105 Liaison With Internal Security Officers..........................................................................39 TITLE II—IMMIGRATION ....................................................................................................40 CHAPTER 1—SELECTION SYSTEM....................................................................................40 201 Worldwide Level Of Immigration ...................................................................................40 202 Numerical Limitation To Any Single Foreign State .......................................................43 203 Allocation Of Immigrant Visas........................................................................................46 204 Procedure For Granting Immigrant Status.....................................................................53 205 Revocation Of Approval Of Petitions..............................................................................59 206 Unused Immigrant Visas..................................................................................................59 207 Annual Admission Of Refugees And Admission Of Emergency Situation Refugees.....59 208 Asylum..............................................................................................................................62 209 Adjustment Of Status Of Refugees..................................................................................66 210 Special Agricultural Workers ..........................................................................................67 210A Determination Of Agricultural Labor Shortages And Admission Of Additional Special Agricultural Workers .................................................................................................74 * This table of contents is not the official table of contents of the INA as set forth in Public Law. It is included only to assist in locating sections within this document. Also, the heading for each section that appears within this document centered over each section is not the official heading. The text of the heading is the official text as codified, but the number before each heading is not. These numbers were added in order to generate this table of contents. Any citations to the text in this document or the headings should be verified by reference to the INA as written in the Public Laws. 3 CHAPTER 2—QUALIFICATIONS FOR ADMISSION OF ALIENS; TRAVEL CONTROL OF CITIZENS AND ALIENS ........................................................................................................74 211 Documentary Requirements ............................................................................................74 212 General Classes Of Aliens Ineligible To Receive Visas And Ineligible For Admission; Waivers Of Inadmissibility.....................................................................................................75 213 Admission Of Certain Aliens On Giving Bond .............................................................104 213A Requirements For Sponsor's Affidavit Of Support....................................................105 214 Admission Of Nonimmigrants .......................................................................................109 215 Travel Documentation Of Aliens And Citizens.............................................................120 216 Conditional Permanent Resident Status For Certain Alien Spouses And Sons And Daughters ..............................................................................................................................122 216A Conditional Permanent Resident Status For Certain Alien Entrepreneurs, Spouses, And Children.........................................................................................................................126 217 Visa Waiver Pilot Program For Certain Visitors..........................................................129 218 Admission Of Temporary H-2A Workers .....................................................................133 219 Designation Of Foreign Terrorist Organizations ..........................................................139 CHAPTER 3—ISSUANCE OF ENTRY DOCUMENTS........................................................142 221 Issuance Of Visas............................................................................................................142 222 Applications For Visas ...................................................................................................144
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