8 U.S.C. § 1154 | Procedure for granting immigrant status

(a)

Petitioning procedure

(1)

(A)

(i)

section 1153(a) of this title section 1151(b)(2)(A)(i) of this title Except as provided in clause (viii), any citizen of the United States claiming that an alien is entitled to classification by reason of a relationship described in paragraph (1), (3), or (4) of or to an immediate relative status under may file a petition with the Attorney General for such classification.

(ii)

section 1151(b)(2)(A)(i) of this title An alien spouse described in the second sentence of also may file a petition with the Attorney General under this subparagraph for classification of the alien (and the alien’s children) under such section.

(iii)

(I)

An alien who is described in subclause (II) may file a petition with the Attorney General under this clause for classification of the alien (and any child of the alien) if the alien demonstrates to the Attorney General that—

(aa)

the marriage or the intent to marry the United States citizen was entered into in good faith by the alien; and

(bb)

during the marriage or relationship intended by the alien to be legally a marriage, the alien or a child of the alien has been battered or has been the subject of extreme cruelty perpetrated by the alien’s spouse or intended spouse.

(II)

For purposes of subclause (I), an alien described in this subclause is an alien—

(aa)

(AA)

who is the spouse of a citizen of the United States;

(BB)

who believed that he or she had married a citizen of the United 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 the United States; or

(CC)

who was a bona fide spouse of a United 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 the United States citizen spouse;

(bb)

who is a person of good moral character;

(cc)

section 1151(b)(2)(A)(i) of this title who is eligible to be classified as an immediate relative under or who would have been so classified but for the bigamy of the citizen of the United States that the alien intended to marry; and

(dd)

who has resided with the alien’s spouse or intended spouse.

(iv)

section 1151(b)(2)(A)(i) of this title An alien who is the child of a citizen of the United States, or who was a child of a United 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 under , and who resides, or has resided in the past, with the citizen parent may file a petition with the Attorney General under this subparagraph for classification of the alien (and any child of the alien) under such section if the alien demonstrates to the Attorney General that the alien has been battered by or has been the subject of extreme cruelty perpetrated by the alien’s citizen parent. For purposes of this clause, residence includes any period of visitation.

(v)

An alien who—

(I)

is the spouse, intended spouse, or child living abroad of a citizen who—

(aa)

is an employee of the United States Government;

(bb)

section 101(a) of title 10 is a member of the uniformed services (as defined in ); or

(cc)

has subjected the alien or the alien’s child to battery or extreme cruelty in the United States; and

(II)

is eligible to file a petition under clause (iii) or (iv),

shall file such petition with the Attorney General under the procedures that apply to self-petitioners under clause (iii) or (iv), as applicable.

(vi)

section 1255 of this title 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 the alien’s ability to adjust status under subsections (a) and (c) of or obtain status as a lawful permanent resident based on the approved self-petition under such clauses.

(vii)

section 1151(b)(2)(A)(i) of this title An alien may file a petition with the Secretary of Homeland Security under this subparagraph for classification of the alien under if the alien—

(I)

is the parent of a citizen of the United States or was a parent of a citizen of the United 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)

section 1151(b)(2)(A)(i) of this title is eligible to be classified as an immediate relative under ;

(IV)

resides, or has resided, with the citizen daughter or son; and

(V)

demonstrates that the alien 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 the United States who has been convicted of a specified offense against a minor, unless the Secretary of Homeland Security, in the Secretary’s sole and unreviewable discretion, determines that the citizen poses no risk to the alien with respect to whom a petition described in clause (i) is filed.

(II)

section 20911 of title 34 For purposes of subclause (I), the term “specified offense against a minor” is defined as in .

(B)

(i)

(I)

section 1153(a)(2) of this title Except as provided in subclause (II), any alien lawfully admitted for permanent residence claiming that an alien is entitled to a classification by reason of the relationship described in may file a petition with the Attorney General for such classification.

(I)

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

  Subclause (I) shall not apply in the case of an alien lawfully admitted for permanent residence who has been convicted of a specified offense against a minor (as defined in subparagraph (A)(viii)(II)), unless the Secretary of Homeland Security, in the Secretary’s sole and unreviewable discretion, determines that such person poses no risk to the alien with respect to whom a petition described in subclause (I) is filed.

(ii)

(I)

section 1153(a)(2)(A) of this title An alien who is described in subclause (II) may file a petition with the Attorney 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) of and if the alien demonstrates to the Attorney General that—

(aa)

the marriage or the intent to marry the lawful permanent resident was entered into in good faith by the alien; and

(bb)

(II)

For purposes of subclause (I), an alien described in this paragraph is an alien—

(aa)

(AA)

who is the spouse of a lawful permanent resident of the United States; or

(BB)

who believed that he or she had married a lawful permanent resident of the United 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 permanent resident of the United States; or

(CC)

who was a bona fide spouse of a lawful permanent 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 lawful permanent resident spouse;

(bb)

who is a person of good moral character;

(cc)

section 1153(a)(2)(A) of this title who is eligible to be classified as a spouse of an alien lawfully admitted for permanent residence under or who would have been so classified but for the bigamy of the lawful permanent resident of the United States that the alien intended to marry; and

(dd)

who has resided with the alien’s spouse or intended spouse.

(iii)

section 1153(a)(2)(A) of this title An alien who is the child of an alien lawfully admitted for permanent residence, or who was the child of a lawful permanent resident who within the past 2 years lost lawful permanent resident status due to an incident of domestic violence, and who is a person of good moral character, who is eligible for classification under , and who resides, or has resided in the past, with the alien’s permanent resident alien parent may file a petition with the Attorney General under this subparagraph for classification of the alien (and any child of the alien) under such section if the alien demonstrates to the Attorney General that the alien has been battered by or has been the subject of extreme cruelty perpetrated by the alien’s permanent resident parent.

(iv)

An alien who—

(I)

is the spouse, intended spouse, or child living abroad of a lawful permanent resident who—

(aa)

is an employee of the United States Government;

(bb)

section 101(a) of title 10 is a member of the uniformed services (as defined in ); or

(cc)

has subjected the alien or the alien’s child to battery or extreme cruelty in the United States; and

(II)

is eligible to file a petition under clause (ii) or (iii),

shall file such petition with the Attorney General under the procedures that apply to self-petitioners under clause (ii) or (iii), as applicable.

(v)

(I)

section 1255 of this title For the purposes of any petition filed or approved under clause (ii) or (iii), divorce, or the loss of lawful permanent 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) of or obtain status as a lawful permanent resident based on an approved self-petition under clause (ii) or (iii).

(II)

Upon the lawful permanent resident spouse or parent becoming or establishing the existence of United States citizenship through naturalization, acquisition of citizenship, or other means, any petition filed with the Immigration and Naturalization Service and pending or approved under clause (ii) or (iii) on behalf of an alien who 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)

section 1101(f) of this title section 1182(a) of this title section 1227(a) of this title Notwithstanding , an act or conviction that is waivable with respect to the petitioner for purposes of a determination of the petitioner’s admissibility under or deportability under shall not bar the Attorney General from finding the petitioner to be of good moral character under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) if the Attorney General finds that the act or conviction was connected to the alien’s having been battered or subjected to extreme cruelty.

(D)

(i)

(I)

section 1153(a) of this title 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 lawful permanent residence by the date the child attained 21 years of age) a petitioner for preference status under paragraph (1), (2), or (3) of , 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 lawful permanent residence by the date the child attained 21 years of age) a VAWA 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 an alien 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 the Child Status Protection Act shall be construed to limit or deny any right or benefit provided under this subparagraph.

(iv)

section 1255 of this title Any alien who benefits from this subparagraph may adjust status in accordance with subsections (a) and (c) of as an alien having 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)

section 1153(b)(1)(A) of this title Any alien desiring to be classified under , or any person on behalf of such an alien, may file a petition with the Attorney General for such classification.

(F)

Any employer desiring and intending to employ within the United States an alien entitled to classification under section 1153(b)(1)(B), 1153(b)(1)(C), 1153(b)(2), or 1153(b)(3) of this title may file a petition with the Attorney General for such classification.

(G)

(i)

section 1101(a)(27)(D) of this title section 1153(b)(4) of this title Any alien (other than a special immigrant under ) desiring to be classified under , or any person on behalf of such an alien, may file a petition with the Attorney General for such classification.

(ii)

section 1101(a)(27)(D) of this title Aliens claiming status as a special immigrant under may file a petition only with the Secretary of State and only after notification by the Secretary that such status has been recommended and approved pursuant to such section.

(H)

(i)

section 1153(b)(5) of this title section 1153(b)(5) of this title section 1153(b)(5)(E) of this titleMarch 15, 2022section 1153(b)(5) of this title section 1153(b)(5)(E) of this title section 1153(b)(5)(F) of this title Any alien seeking classification under may file a petition for such classification with the Secretary of Homeland Security. An alien seeking to pool his or her investment with 1 or more additional aliens seeking classification under shall file for such classification in accordance with , or before , in accordance with . An alien petitioning for classification under may file a petition with the Secretary after a regional center has filed an application for approval of an investment under .

(ii)

section 1153(b)(5) of this title section 1153(b)(5)(F) of this title A petitioner described in clause (i) shall establish eligibility at the time he or she files a petition for classification under . 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 under , if applicable.

(I)

(i)

section 1153(c) of this title Any alien desiring to be provided an immigrant visa under may file a petition at the place and time determined by the Secretary of State by regulation. Only one such petition may be filed by an alien with respect to any petitioning period established. If more than one petition is submitted all such petitions submitted for such period by the alien shall be voided.

(ii)

(I)

section 1153(c) of this title The Secretary of State shall designate a period for the filing of petitions with respect to visas which may be issued under for the fiscal year beginning after the end of the period.

(II)

section 1153(c) of this title Aliens who qualify, through random selection, for a visa under shall remain eligible to receive such visa only through the end of the specific fiscal year for which they were selected.

(III)

The Secretary of State 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 of State may by regulation prescribe and shall contain such information and be supported by such documentary evidence as the Secretary of State 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), the Attorney 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 the Attorney General.

(K)

Upon the approval of a petition as a VAWA 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)

section 1101(a)(15) of this title section 1184 of this title2

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

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) of may not file a petition for classification under this section or 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 ) eligibility as a VAWA petitioner or for such nonimmigrant status.

(2)

(A)

The Attorney General may not approve a spousal second preference petition for the classification of the spouse of an alien if the alien, by virtue of a prior marriage, has been accorded the status of an alien lawfully admitted for permanent residence as the spouse of a citizen of the United States or as the spouse of an alien lawfully admitted for permanent residence, unless—

(i)

a period of 5 years has elapsed after the date the alien acquired the status of an alien lawfully admitted for permanent residence, or

(ii)

the alien establishes to the satisfaction of the Attorney General by clear and convincing evidence that the prior marriage (on the basis of which the alien obtained the status of an alien lawfully admitted for permanent residence) was not entered into for the purpose of evading any provision of the immigration laws.

section 1153(a)(2) of this titleIn this subparagraph, the term “spousal second preference petition” refers to a petition, seeking preference status under , for an alien as 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 an alien if the prior marriage of the alien was terminated by the death of his or her spouse.

(b)

Investigation; consultation; approval; authorization to grant preference status

section 1151(b) of this title section 1153 of this titleAfter 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 section 1153(b)(2) or 1153(b)(3) of this title, the Attorney General shall, if he determines that the facts stated in the petition are true and that the alien in behalf of whom the petition is made is an immediate relative specified in or is eligible for preference under subsection (a) or (b) of , approve the petition and forward one copy thereof to the Department of State. The Secretary of State shall then authorize the consular officer concerned 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) the alien has previously been accorded, or has sought to be accorded, an immediate relative or preference status as the spouse of a citizen of the United States or the spouse of an alien lawfully admitted for permanent residence, by reason of a marriage determined by the Attorney General to have been entered into for the purpose of evading the immigration laws, or (2) the Attorney General has determined that the alien has attempted or conspired to enter into a marriage for the purpose of evading the immigration laws.

(d)

Recommendation of valid home-study

(1)

section 1101(b)(1) of this title Notwithstanding the provisions of subsections (a) and (b) no petition may be approved on behalf of a child defined in subparagraph (F) or (G) of unless a valid home-study has been favorably recommended by an agency of the State of the child’s proposed residence, or by an agency authorized by that State to 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)

section 1101(b)(1)(G) of this title section 1101(b)(1)(G) of this title 42 U.S.C. 14901 Notwithstanding the provisions of subsections (a) and (b), no petition may be approved on behalf of a child defined in unless the Secretary of State has certified that the central authority of the child’s country of origin has notified the United States central authority under the convention referred to in such that a United States citizen habitually resident in the United States has 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 the Intercountry Adoption Act of 2000 [ et seq.].

(e)

Subsequent finding of non-entitlement to preference classification

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

section 1153 of this title section 1151(b) of this titleNothing in this section shall be construed to entitle an immigrant, in behalf of whom a petition under this section is approved, to be admitted  the United States as an immigrant under subsection (a), (b), or (c) of or as an immediate relative under if upon his arrival at a port of entry in the United States he is found not to be entitled to such classification.

(f)

October 22, 1982 Preferential treatment for children fathered by United States citizens and born in Korea, Vietnam, Laos, Kampuchea, or Thailand after 1950 and before

(1)

Any alien claiming to be an alien described in paragraph (2)(A) of this subsection (or any person on behalf of such an alien) may file a petition with the Attorney General for classification under section 1151(b), 1153(a)(1), or 1153(a)(3) of this title, as appropriate. After an investigation of the facts of each case the Attorney General shall, if the conditions described in paragraph (2) are met, approve the petition and forward one copy to the Secretary of State.

(2)

The Attorney General may approve a petition for an alien under paragraph (1) if—

(A)

October 22, 1982 he has reason to believe that the alien (i) was born in Korea, Vietnam, Laos, Kampuchea, or Thailand after 1950 and before , and (ii) was fathered by a United States citizen;

(B)

he has received an acceptable guarantee of legal custody and financial responsibility described in paragraph (4); and

(C)

in the case of an alien under eighteen years of age, (i) the alien’s placement with a sponsor in the United States has been arranged by an appropriate public, private, or State child welfare agency licensed in the United States and actively involved in the intercountry placement of children and (ii) the alien’s mother or guardian has in writing irrevocably released the alien for emigration.

(3)

In considering petitions filed under paragraph (1), the Attorney General shall—

(A)

consult with appropriate governmental officials and officials of private voluntary organizations 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 the alien 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 the United 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 an alien described in paragraph (2) must—

(i)

be signed in the presence of an immigration officer or consular officer by 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 States or alien lawfully admitted for permanent residence, and

(ii)

section 9902(2) of title 42 provide that the sponsor agrees (I) in the case of an alien under eighteen years of age, to assume legal custody for the alien after the alien’s departure to the United States and until the alien becomes eighteen years of age, in accordance with the laws of the State where the alien and 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 alien lawfully admitted for permanent residence, or during the period beginning on the date of the alien’s acquiring the status of an alien lawfully admitted for permanent residence and ending on the date on which the alien becomes twenty-one years of age, whichever period is longer, such financial support as is necessary to maintain the family in the United States of which the alien is a member at a level equal to at least 125 per centum of the current official poverty line (as established by the Director of the Office of Management and Budget, under and as revised by the Secretary of Health and Human Services under 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 an alien against his sponsor in a civil suit brought by the Attorney General in the United States district 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

section 1255(e)(3) of this title section 1255(e)(2) of this titleNotwithstanding subsection (a), except as provided in , a petition may not be approved to grant an alien immediate relative status or preference status by reason of a marriage which was entered into during the period described in , until the alien has resided outside the United States for a 2-year period beginning after the date of the marriage.

(h)

Survival of rights to petition

section 1155 of this title section 1155 of this titleThe legal termination of a marriage may not be the sole basis for revocation under 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 alien whose petition was approved under subsection (a)(1)(B)(ii) or (a)(1)(A)(iii) or marriage of an alien described 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 under .

(i)

Professional athletes

(1)

In general

4 See References in Text note below.

A petition under subsection (a)(4)(D)  for classification of a professional athlete shall 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” defined

For 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

⁴section 1255 of this titleA petition under subsection (a)(1)(D)  for an individual whose application for adjustment of status pursuant to 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

section 1153(a)(2)(B) of this title section 1153(a)(1) of this titleExcept as provided in paragraph (2), in the case of a petition under this section initially filed for an alien unmarried son or daughter’s classification as a family-sponsored immigrant under , 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 unmarried son or daughter as a family-sponsored immigrant under .

(2)

Exception

Paragraph (1) does not apply if the son or daughter files with the Attorney 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 naturalization had not taken place.

(3)

Priority date

Regardless of whether a petition is converted under this subsection or not, if an unmarried son or daughter described in this subsection was assigned a priority date with respect to such petition before such naturalization, 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 such naturalization.

(l)

Surviving relative consideration for certain petitions and applications

(1)

In general

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

(2)

Alien described

An alien described in this paragraph is an alien who, immediately prior to the death of his or her qualifying relative, was—

(A)

section 1151(b)(2)(A)(i) of this title the beneficiary of a pending or approved petition for classification as an immediate relative (as described in );

(B)

the beneficiary of a pending or approved petition for classification under section 1153(a) or (d) of this title;

(C)

section 1153(b) of this title section 1153(d) of this title a derivative beneficiary of a pending or approved petition for classification under (as described in );

(D)

the beneficiary of a pending or approved refugee/asylee relative petition under section 1157 or 1158 of this title;

(E)

section 1101(a)(15)(T)(ii) of this title section 1101(a)(15)(U)(ii) of this title an alien admitted in “T” nonimmigrant status as described in or in “U” nonimmigrant status as described in ;

(F)

section 1101(a)(51) of this title a child of an alien who filed a pending or approved petition for classification or application for adjustment of status or other benefit specified in as a VAWA self-petitioner; or

(G)

section 1158(b)(3) of this title an asylee (as described in ).

June 27, 1952, ch. 477 66 Stat. 179 Pub. L. 87–885, § 3Oct. 24, 196276 Stat. 1247 Pub. L. 89–236, § 4Oct. 3, 196579 Stat. 915 Pub. L. 94–571, § 7(b)Oct. 20, 197690 Stat. 2706 Pub. L. 95–417Oct. 5, 197892 Stat. 917 Pub. L. 96–470, title II, § 207Oct. 19, 198094 Stat. 2245 Pub. L. 97–116Dec. 29, 198195 Stat. 1611 Pub. L. 97–359Oct. 22, 198296 Stat. 1716 Pub. L. 99–639Nov. 10, 1986100 Stat. 3541 Pub. L. 100–525, § 9(g)Oct. 24, 1988102 Stat. 2620 Pub. L. 101–649, title I, § 162(b)Nov. 29, 1990104 Stat. 5010 Pub. L. 102–232, title IIIDec. 12, 1991105 Stat. 1745 Pub. L. 103–322, title IV, § 40701(a)Sept. 13, 1994108 Stat. 1953 Pub. L. 103–416, title II, § 219(b)(2)Oct. 25, 1994108 Stat. 4316 Pub. L. 104–208, div. C, title III, § 308(e)(1)(A)Sept. 30, 1996110 Stat. 3009–619 Pub. L. 106–279, title III, § 302(b)Oct. 6, 2000114 Stat. 839 Pub. L. 106–313, title I, § 106(c)(1)Oct. 17, 2000114 Stat. 1254 Pub. L. 106–386, div. B, title VOct. 28, 2000114 Stat. 1518–1521 Pub. L. 107–208Aug. 6, 2002116 Stat. 929 Pub. L. 109–162, title VIIIJan. 5, 2006119 Stat. 3056 Pub. L. 109–248, title IV, § 402(a)July 27, 2006120 Stat. 622 Pub. L. 109–271, § 6(a)Aug. 12, 2006120 Stat. 762 Pub. L. 111–83, title V, § 568(d)(1)Oct. 28, 2009123 Stat. 2187 Pub. L. 113–4, title VIII, § 803Mar. 7, 2013127 Stat. 111 Pub. L. 113–6, div. D, title V, § 563Mar. 26, 2013127 Stat. 380 Pub. L. 117–103, div. BB, § 105(a)Mar. 15, 2022136 Stat. 1103 (, title II, ch. 1, § 204, ; , , ; , , ; , , ; , §§ 2, 3, , ; , , ; , §§ 3, 18(d), , , 1620; , , ; , §§ 2(c), 4(a), 5(b), , , 3543; , , ; , title VII, § 702(b), , , 5086; , §§ 302(e)(4), (5), 308(b), 309(b)(5), , , 1746, 1757, 1758; , (b)(1), (c), , , 1954; , , ; , (f)(2)(A), title VI, § 624(b), , , 3009–621, 3009–699; , , ; , , ; , §§ 1503(b)–(d), 1507(a)(1), (2), (b), , , 1529, 1530; , §§ 6, 7, , ; , §§ 805(a),(c), 814(b),(e), 816, , , 3059, 3060; , , ; , , ; , , ; , , ; , , ; , , .)

Editorial Notes

References in Text

act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this titleThis chapter, referred to in subsec. (a)(1)(A)(iii)(II)(aa)(BB), (B)(ii)(II)(aa)(BB), was in the original, “this Act”, meaning , , known as the Immigration 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 under and Tables.

Pub. L. 107–208Aug. 6, 2002116 Stat. 927 section 1101 of this titleThe Child Status Protection Act, referred to in subsec. (a)(1)(D)(iii), is , , , 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 under and Tables.

Pub. L. 106–279Oct. 6, 2000114 Stat. 825 section 14901 of Title 42The Intercountry Adoption Act of 2000, referred to in subsec. (d)(2), is , , , 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 under and Tables.

Pub. L. 106–386, § 1503(d)(1)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) by . See 2000 Amendment note below.

Amendments

Pub. L. 117–103 section 1153(b)(5) of this title2022—Subsec. (a)(1)(H). amended subpar. (H) generally. Prior to amendment, subpar. (H) read as follows: “Any alien desiring to be classified under may file a petition with the Attorney General for such classification.”

Pub. L. 113–6 section 1153(c) of this title2013—Subsec. (a)(1)(I)(iv). temporarily added cl. (iv). Text read as follows: “Each petition to compete for consideration for a visa under 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.

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

lPub. L. 111–83l2009—Subsec. (). added subsec. ().

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

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

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

Pub. L. 109–248, § 402(a)(3)Subsec. (a)(1)(B)(i). , 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).

Pub. L. 109–271Subsec. (a)(1)(D)(v). , 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 of Congress.

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

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

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

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

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

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

Pub. L. 107–208, § 72002—Subsec. (a)(1)(D)(iii). , added cl. (iii).

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

Pub. L. 106–386, § 1503(b)(1)(A)section 1151(b)(2)(A)(i) of this title2000—Subsec. (a)(1)(A)(iii). , amended cl. (iii) generally. Prior to amendment, cl. (iii) read as follows: “An alien who 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 under , and who has resided in the United States with the alien’s spouse may file a petition with the Attorney General under this subparagraph for classification of the alien (and any child of the alien if such a child has not been classified under clause (iv)) under such section if the alien demonstrates to the Attorney General that—

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

“(II) the alien is a person whose removal, in the opinion of the Attorney General, would result in extreme hardship to the alien or a child of the alien.”

Pub. L. 106–386, § 1503(b)(2)section 1151(b)(2)(A)(i) of this titleSubsec. (a)(1)(A)(iv). , amended cl. (iv) generally. Prior to amendment, cl. (iv) read as follows: “An alien who 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 under , and who has resided in the United States with the citizen parent may file a petition with the Attorney General under this subparagraph for classification of the alien under such section if the alien demonstrates to the Attorney General that—

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

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

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

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

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

Pub. L. 106–386, § 1503(c)(2)section 1153(a)(2)(A) of this titleSubsec. (a)(1)(B)(iii). , amended cl. (iii) generally. Prior to amendment, cl. (iii) read as follows: “An alien who is the child of an alien lawfully admitted for permanent residence, who is a person of good moral character, who is eligible for classification under , and who has resided in the United States with the alien’s permanent resident alien parent may file a petition with the Attorney General under this subparagraph for classification of the alien under such section if the alien demonstrates to the Attorney General that—

“(I) the alien is residing in the United States and during the period of residence with the permanent resident parent the alien has been battered by or has been the subject of extreme cruelty perpetrated by the alien’s permanent resident parent; and

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

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

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

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

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

Pub. L. 106–279Subsec. (d). 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).

Pub. L. 106–386, § 1507(b)section 1155 of this titleSubsec. (h). , inserted at end “Remarriage of an alien whose petition was approved under subsection (a)(1)(B)(ii) or (a)(1)(A)(iii) or marriage of an alien described 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 under .”

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

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

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

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

Pub. L. 103–322, § 40701(a)1994—Subsec. (a)(1). , 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).

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

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

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

Pub. L. 102–232, § 302(e)(4)(A)section 1151(b)(2)(A)(i) of this title1991—Subsec. (a)(1)(A). , inserted sentence at end authorizing filing of petitions by aliens described in second sentence of .

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

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

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

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

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

Pub. L. 101–649, § 162(b)(1)section 1153(a) of this title section 1151(b) of this title section 1153(a)(2) of this title section 1153(a)(3) of this title section 1153(a)(6) of this title1990—Subsec. (a)(1). , added par. (1) and struck out former par. (1) which read as follows: “Any citizen of the United States claiming that an alien is entitled to a preference status by reason of a relationship described in paragraph (1), (4), or (5) of , or to an immediate relative status under , or any alien lawfully admitted for permanent residence claiming that an alien is entitled to a preference status by reason of the relationship described in , or any alien desiring to be classified as a preference immigrant under (or any person on behalf of such an alien), or any person desiring and intending to employ within the United States an alien entitled to classification as a preference immigrant under , may file a petition with the Attorney General for such classification. The petition shall be in such form as the Attorney General may by regulations prescribe and shall contain such information and be supported by such documentary evidence as the Attorney General may 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 officer or an immigration officer.”

Pub. L. 101–649, § 162(b)(2)section 1153(a) of this titleSubsec. (b). , 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 under .

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

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

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

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

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

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

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

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

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

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

Pub. L. 97–3591982—Subsec. (g). added subsec. (g).

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

Pub. L. 97–116, § 3Subsec. (d). , redesignated subsec. (e) as (d). Former subsec. (d), directing that the Attorney General forward to the Congress 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 to Congress on the first and fifteenth day of each calendar month in which Congress was in session, was struck out.

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

Pub. L. 96–4701980—Subsec. (d). substituted provision requiring the Attorney General to forward to Congress a statistical summary of approved petitions for professional or occupational preferences for provision requiring the Attorney General to forward to Congress 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.

Pub. L. 95–417, § 21978—Subsec. (c). , 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)”.

Pub. L. 95–417, § 3 Pub. L. 94–571Subsecs. (e), (f). , 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 by .

Pub. L. 94–5711976—Subsec. (f). added subsec. (f).

Pub. L. 89–2361965—Subsec. (a). substituted provisions spelling out the statutory grounds for filing a petition for preference status and prescribing the authority of the Attorney General to require documentary evidence in support and the form of the petition, for provisions prohibiting consular officers from 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.

Pub. L. 89–236Subsec. (b). 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 States and the circumstances making an application appropriate.

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

Pub. L. 89–236Subsec. (d). substituted provisions requiring the Attorney General to submit reports to Congress 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.

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

Pub. L. 87–8851962—Subsec. (c). provided for submission of reports to Congress.

Statutory Notes and Related Subsidiaries

Effective Date of 2022 Amendment

Pub. L. 117–103, div. BB, § 105(b)Mar. 15, 2022136 Stat. 1103

“(1)

In general .—

Mar. 15, 2022The amendment made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [].

“(2)

Applicability to petitions .—

8 U.S.C. 1154(a)(1)(H)(i)8 U.S.C. 1153(b)(5)(E)Section 204(a)(1)(H)(i) of the Immigration and Nationality Act [], as added by subsection (a), shall apply to any petition for classification pursuant to section 203(b)(5)(E) of such Act () that is filed with the Secretary of Homeland Security on or after the date of the enactment of this Act.”

, , , provided that:

Effective and Termination Dates of 2013 Amendment

Pub. L. 113–6, div. D, title V, § 563Mar. 26, 2013127 Stat. 380 Oct. 1, 2013Sept. 30, 2014, , , provided in part that the amendment made by section 563 of Pub. L. 113—6 is effective during the period beginning on , and ending on .

Effective Date of 2002 Amendment

Pub. L. 107–208Aug. 6, 2002section 8 of Pub. L. 107–208 section 1151 of this titleAmendment by effective , and applicable to certain beneficiary aliens, see , set out as a note under .

Effective Date of 2000 Amendment

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

Effective Date of 1996 Amendment

Pub. L. 104–208Sept. 30, 1996section 309 of Pub. L. 104–208 section 1101 of this titleAmendment by section 308(e)(1)(A), (f)(2)(A) of effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after , see , set out as a note under .

Effective Date of 1994 Amendments

Pub. L. 103–416 Pub. L. 101–649 section 219(dd) of Pub. L. 103–416 section 1101 of this titleAmendment by effective as if included in the enactment of the Immigration Act of 1990, , see , set out as a note under .

Pub. L. 103–322Jan. 1, 1995section 40701(d) of Pub. L. 103–322 section 1151 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1991 Amendment

Pub. L. 102–232 Pub. L. 101–649 section 310(1) of Pub. L. 102–232 section 1101 of this titleAmendment by sections 302(e)(4), (5) and 308(b) of effective as if included in the enactment of the Immigration Act of 1990, , see , set out as a note under .

Effective Date of 1990 Amendment

section 162(b) of Pub. L. 101–649Nov. 29, 1990Pub. L. 101–649 section 1101 of this titleAmendment by effective , but only insofar as section 162(b) relates to visas for fiscal years beginning with fiscal year 1992, with general transition provisions, see section 161(b), (c) of , set out as a note under .

Pub. L. 101–649, title VII, § 702(c)Nov. 29, 1990104 Stat. 5086

Nov. 29, 1990“The amendments made by this section [amending sections 1154 and 1255 of this title] shall apply to marriages entered into before, on, or after the date of the enactment of this Act [].”

, , , provided that:

Effective Date of 1986 Amendment

Pub. L. 99–639, § 4(b)Nov. 10, 1986100 Stat. 3543

Nov. 10, 1986“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 [].”

, , , provided that:

Pub. L. 99–639, § 5(c)Nov. 10, 1986100 Stat. 3543

section 1255 of this titleNov. 10, 1986“The amendments made by this section [amending this section and ] shall apply to marriages entered into on or after the date of the enactment of this Act [].”

, , , provided that:

Effective Date of 1981 Amendment

Pub. L. 97–116Dec. 29, 1981section 21(a) of Pub. L. 97–116 section 1101 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1976 Amendment

Pub. L. 94–571Oct. 20, 1976section 10 of Pub. L. 94–571 section 1101 of this titleAmendment by effective on first day of first month which begins more than sixty days after , see , set out as a note under .

Effective Date of 1965 Amendment

Pub. L. 89–236 section 20 of Pub. L. 89–236 section 1151 of this titleFor effective date of amendment by , see , set out as a note under .

Construction of 2009 Amendment

Pub. L. 111–83, title V, § 568(d)(2)Oct. 28, 2009123 Stat. 2187

“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 the immigration laws of the United States other than ineligibility based solely on the lack of a qualifying family relationship as specifically provided by such amendment.”

, , , provided that:

Abolition of Immigration and Naturalization Service and Transfer of Functions

section 1551 of this titleFor abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under .

Alien Sheepherders

Act Sept. 3, 1954, ch. 1254 68 Stat. 1145 Sept. 3, 1955, §§ 1–3, , provided for the importation of skilled alien sheepherders upon approval by the Attorney General, certification to the Secretary of State by the Attorney General of 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 on , by terms of section 1 thereof.