IMMIGRATION AND NATIONALITY ACT
INA: TITLE I
INA: ACT 101 - DEFINITIONS
Sec. 101. [8 U.S.C. 1101] (a) As used in this
Act-
(1) The term "administrator" means the official
designated by the Secretary of State pursuant to section 104(b) of this
Act.
(2) The term "advocates" includes, but is not
limited to, advises, recommends, furthers by overt act, and admits belief
in.
(3) The term "alien" means any person not a
citizen or national of the United States.
(4) The term "application for admission" has
reference to the application for admission into the United States and not to
the application for the issuance of an immigrant or nonimmigrant visa.
(5) The term "Attorney General" means the
Attorney General of the United States.
(6) The term "border crossing identification card"
means a document of identity bearing that designation issued to an alien who is
lawfully admitted for permanent residence, or to an alien who is a resident in
foreign contiguous territory, by a consular officer or an immigration officer
for the purpose of crossing over the borders between the United States and
foreign contiguous territory in accordance with such conditions for its
issuance and use as may be prescribed by regulations. Such regulati ons shall
provide that (A) each such document include a biometric identifier (such as the
fingerprint or handprint of the alien) that is machine readable and (B) an
alien presenting a border crossing identification is not permitted to cross
over the border into the United States unless the biometric identifier
contained on the card matches the appropriate biometric characteristic of the
alien. 1/
(7) The term "clerk of court" means a clerk of
a naturalization court.
(8) The terms "Commissioner" and "Deputy
Commissioner" mean the Commissioner of Immigration and Naturalization and
a Deputy Commissioner of Immigration and Naturalization, respectively.
(9) The term "consular officer" means any
consular, diplomatic, or other officer 1a/ or employee of the United States designated
under regulations prescribed under authority contained in this Act, for the
purpose of issuing immigrant or nonimmigrant visas 1a/ or, when used in title III, for the purpose of
adjudicating nationality.
(10) The term "crewman" means a person serving
in any capacity on board a vessel or aircraft.
(11) The term "diplomatic visa" means a
nonimmigrant visa bearing that title and issued to a nonimmigrant in accordance
with such regulations as the Secretary of State may prescribe.
(12) The term "doctrine" includes, but is not
limited to, policies, practices, purposes, aims, or procedures.
(13) 2/ (A) The terms
"admission" and "admitted" mean, with respect to an alien,
the lawful entry of the alien into the United States after inspection and
authorization by an immigration officer.
(B) An alien who is paroled under section 212(d)(5) or
permitted to land temporarily as an alien crewman shall not be considered to
have been admitted.
(C) An alien lawfully admitted for permanent residence in
the United States shall not be regarded as seeking an admission into the United
States for purposes of the immigration laws unless the alien-
(i) has abandoned or relinquished that status,
(ii) has been absent from the United States for a
continuous period in excess of 180 days,
(iii) has engaged in illegal activity after having departed
the United States,
(iv) has departed from the United States while under
legal process seeking removal of the alien from the United States, including
removal proceedings under this Act and extradition proceedings,
(v) has committed an offense identified in section
212(a)(2), unless since such offense the alien has been granted relief under
section 212(h) or 240A(a), or
(vi) is attempting to enter at a time or place other than
as designated by immigration officers or has not been admitted to the United
States after inspection and authorization by an immigration officer.
(14) The term "foreign state" includes outlying
possessions of a foreign state, but self-governing dominions and territories
under mandate or trusteeship shall be regarded as separate foreign
states.
(15) The term "immigrant" means every alien
except an alien who is within one of the following classes of nonimmigrant
aliens
(A) (i) an ambassador, public
minister, or career diplomatic or consular officer who has been accredited by a
foreign government recognized de jure by the United States and who is accepted
by the President or by the Secretary of State, and the members of the alien's
immediate family;
(ii) upon a basis of reciprocity, other officials and
employees who have been accredited by a foreign government recognized de jure
by the United States, who are accepted by the Secretary of State, and the
members of their immediate families; and
(iii) upon a basis of reciprocity, attendants, servants,
personal employees, and members of their immediate families, of the officials
and employees who have a nonimmigrant status under (i) and (ii) above;
(B) an alien (other than one coming for the purpose of
study or of performing skilled or unskilled labor or as a representative of
foreign press, radio, film, or other foreign information media coming to engage
in such vocation) having a residence in a foreign country which he has no
intention of abandoning and who is visiting the United States temporarily for
business or temporarily for pleasure;
(C) an alien in immediate and continuous transit through
the United States, or an alien who qualifies as a person entitled to pass in
transit to and from the United Nations Headquarters District and foreign
countries, under the provisions of paragraphs (3), (4), and (5) of section 11
of the Headquarters Agreement with the United Nations (61 Stat. 758);
(D) (i) an alien crewman
serving in good faith as such in a capacity required for normal operation and
service on board a vessel, as defined in section 258(a) (other than a fishing
vessel having its home port or an operating base in the United States), or
aircraft, who intends to land temporarily and solely in pursuit of his calling
as a crewman and to depart from the United States with the vessel or aircraft
on which he arrived or some other vessel or aircraft;
(ii) an alien crewman serving in good faith as such
in any capacity required for normal operations and service aboard a fishing
vessel having its home port or an operating base in the United States who
intends to land temporarily in Guam or the Commonwealth of the Northern
Mariana Islands 23/ and solely in pursuit of his calling as a
crewman and to depart from Guam or the Commonwealth of the Northern
Mariana Islands 23/ with the vessel on which he arrived;
(E) an alien entitled to enter the United States under
and in pursuance of the provisions of a treaty of commerce and navigation
between the United States and the foreign state of which he is a national, and
the spouse and children of any such alien if accompanying or following to join
him:
(i) solely to carry on substantial trade, including trade
in services or trade in technology, principally between the United States and
the foreign state of which he is a national; 21/
(ii) solely to develop and direct the operations of an
enterprise in which he has invested, or of an enterprise in which he is
actively in the process of investing, a substantial amount of capital; or
(iii) 21/ solely to perform services in a specialty
occupation in the United States if the alien is a national of the Commonwealth
of Australia and with respect to whom the Secretary of Labor determines and
certifies to the Secretary of Homeland Security and the Secretary of State that
the intending employer has filed with the Secretary of Labor an attestation
under section 212(t)(1) ;
(F) (i) 3/ an alien having a residence in a foreign
country which he has no intention of abandoning, who is a bona fide student
qualified to pursue a full course of study and who seeks to enter the United
States temporarily and solely for the purpose of pursuing such a course of
study consistent with section 214(l) at an established college, university, seminary,
conservatory, academic high school, elementary school, or other academic
institution or in a language 3/ training program in the United States,
particularly designated by him and approved by the Attorney General after
consultation with the Secretary of Education, which institution or place of
study shall have agreed to report to the Attorney General the termination of
attendance of each nonimmigrant student, and if any such institution of
learning or place of study fails to make reports promptly the approval shall be
withdrawn,
(ii) 3d/ the alien spouse and minor children of any
alien described in clause (i) if accompanying or following to join such an
alien, and
(iii) 3d/ an alien who is a national of Canada or Mexico,
who maintains actual residence and place of abode in the country of
nationality, who is described in clause (i) except that the alien's
qualifications for and actual course of study may be full or part-time, and who
commutes to the United States institution or place of study from Canada or
Mexico;
(G) (i) a designated principal
resident representative of a foreign government recognized de jure by the
United States, which foreign government is a member of an international
organization entitled to enjoy privileges, exemptions, and immunities as an
international organization under the International Organizations Immunities Act
(59 Stat. 669) 22 U.S.C. 288, note, accredited resident members of the staff of
such representatives, and members of his or their immediate family;
(ii) other accredited representatives of such a foreign
government to such international organizations, and the members of their
immediate families;
(iii) an alien able to qualify under (i) or (ii) above
except for the fact that the government of which such alien is an accredited
representative is not recognized de jure by the United States, or that the
government of which he is an accredited representative is not a member of such
international organization, and the members of his immediate family;
(iv) officers, or employees of such international
organizations, and the members of their immediate families;
(v) attendants, servants, and personal employees of any such
representative, officer, or employee, and the members of the immediate families
of such attendants, servants, and personal employees;
(H) an alien (i) 3a/ 3b/ (b) subject
to section 212(j)(2) , who is coming temporarily to the United
States to perform services (other than services described in subclause (a)
during the period in which such subclause applies and other than services
described in subclause (ii)(a) or in subparagraph (O) or (P)) in a specialty
occupation described in section 214(i)(1) or as a fashion model, who meets the
requirements for the occupation specified in section 214(i)(2) or, in the case of a fashion model, is of
distinguished merit and ability, and with respect to whom the Secretary of
Labor determines and certifies to the Attorney General that the intending
employer has filed with the Secretary an application under section 3b/ 212(n)(1) , or (b1) who is
entitled to enter the United States under and in pursuance of the provisions of
an agreement listed in section 214(g)(8)(A) , who is engaged in a specialty occupation
described in section 214(i)(3) , and with respect to whom the Secretary of
Labor determines and certifies to the Secretary of Homeland Security and the
Secretary of State that the intending employer has filed with the Secretary of
Labor an attestation under section 212(t)(1) , or (c) 3b/ who is coming temporarily to the United States
to perform services as a registered nurse, who meets the qualifications
described in section 212(m)(1) , and with respect to whom the Secretary of
Labor determines and certifies to the Attorney General that an unexpired attestation
is on file and in effect under section 212(m)(2) for the facility (as defined in section 212(m)(6) ) for which the alien will perform the
services; or
(ii) (a) having a residence in
a foreign country which he has no intention of abandoning who is coming temporarily
to the United States to perform agricultural labor or services, as defined by
the Secretary of Labor in regulations and including agricultural labor defined
in section 3121(g) of 3bbb/ the Internal Revenue Code of 1986, agriculture
as defined in section 3(f) of the Fair Labor Standards Act of 1938 (29 U.S.C.
203(f)), and the pressing of apples for cider on a farm, of a temporary or seasonal
nature, or
(b) having a residence in a foreign country which he has
no intention of abandoning who is coming temporarily to the United States to
perform other temporary service or labor if unemployed persons capable of
performing such service or labor cannot be found in this country, but this
clause shall not apply to graduates of medical schools coming to the United
States to perform services as members of the medical profession; or
(iii) having a residence in a foreign country which he
has no intention of abandoning who is coming temporarily to the United States
as a trainee, other than to receive graduate medical education or training, in
a training program that is not designed primarily to provide productive
employment; and the alien spouse and minor children of any such alien specified
in this paragraph if accompanying him or following to join him;
(I) upon a basis of reciprocity, an alien who is a bona
fide representative of foreign press, radio, film, or other foreign information
media, who seeks to enter the United States solely to engage in such vocation,
and the spouse and children of such a representative if accompanying or
following to join him;
(J) an alien having a residence in a foreign country
which he has no intention of abandoning who is a bona fide student, scholar,
trainee, teacher, professor, research assistant, specialist, or leader in a
field of specialized knowledge or skill, or other person of similar
description, who is coming temporarily to the United States as a participant in
a program designated by the Director of the United States Information Agency,
for the purpose of teaching, instructing or lecturing, studying, obser ving,
conducting research, consulting, demonstrating special skills, or receiving
training and who, if he is coming to the United States to participate in a
program under which he will receive graduate medical education or training,
also meets the requirements of section 212(j), and the alien spouse and minor
children of any such alien if accompanying him or following to join him;
(K) 3bb/ subject to subsections (d) and (p) of section
214, an alien who--
(i) is the fiancee or fiance of a citizen of the
United States 3bb/ (other than a citizen described in
section 204(a)(1)(A)(viii)(I) ) and who seeks to enter the United States
solely to conclude a valid marriage with the petitioner within ninety days
after admission;
(ii) has concluded a valid marriage with a citizen
of the United States 3bb/ (other than a citizen described in
section 204(a)(1)(A)(viii)(I) )who is the petitioner, is the beneficiary of a
petition to accord a status under section 201(b)(2)(A)(i) that was filed under section 204 by the
petitioner, and seeks to enter the United States to await the approval of such
petition and the availability to the alien of an immigrant visa; or
(iii) is the minor child of an alien described in
clause (i) or (ii) and is accompanying, or following to join, the alien;
(L) 3c/ subject to section 214(c)(2), an alien who,
within 3 years preceding the time of his application for admission into the
United States, has been employed continuously for one year by a firm or
corporation or other legal entity or an affiliate or subsidiary thereof and who
seeks to enter the United States temporarily in order to continue to render his
services to the same employer or a subsidiary or affiliate thereof in a
capacity that is managerial, executive, or involves specialized knowledge, and
the alie n spouse and minor children of any such alien if accompanying him or
following to join him;
(M) (i) an alien having a
residence in a foreign country which he has no intention of abandoning who
seeks to enter the United States temporarily and solely for the purpose of
pursuing a full course of study at an established vocational or other
recognized nonacademic institution (other than in a language training program)
in the United States particularly designated by him and approved by the
Attorney General, after consultation with the Secretary of Education, which
institution shall have agreed to report to the Attorney General the termination
of attendance of each nonimmigrant nonacademic student and if any such
institution fails to make reports promptly the approval shall be withdrawn,
(ii) 3d/ the alien spouse and minor children of any
alien described in clause (i) if accompanying or following to join such an
alien, and
(iii) 3d/ an alien who is a national of Canada or Mexico,
who maintains actual residence and place of abode in the country of
nationality, who is described in clause (i) except that the alien's course of
study may be full or part-time, and who commutes to the United States
institution or place of study from Canada or Mexico;
(N) (i) the parent of an alien
accorded the status of special immigrant under paragraph (27)(I)(i) 4/ (or under analogous authority under paragraph
(27)(L)), but only if and while the alien is a child, or
(ii) a child of such parent or of an alien accorded the
status of a special immigrant under clause (ii), (iii), or (iv) of paragraph
(27)(I) 4/ (or under analogous authority under paragraph
(27)(L));
(i) has extraordinary ability in the sciences, arts,
education, business, or athletics which has been demonstrated by sustained
national or international acclaim or, with regard to motion picture and
television productions a demonstrated record of extraordinary achievement, and
whose achievements have been recognized in the field through extensive
documentation, and seeks to enter the United States to continue work in the
area of extraordinary ability; or
(ii)(I) seeks to enter the United States temporarily and
solely for the purpose of accompanying and assisting in the artistic or
athletic performance by an alien who is admitted under clause (i) for a
specific event or events,
(II) is an integral part of such actual performance,
(III)(a) has critical skills and experience with such alien which are not of a
general nature and which cannot be performed by other individuals, or
(b) in the case of a motion picture or television production, has skills and
experience with such alien which are not of a general nature and which are
critical either based on a pre-existing long-standing working relationship or,
with respect to the specific production, because significant production
(including pre- and post-production work) will take place both inside and
outside the United States and the continuing participation of the alien is
essential to the successful completion of the production, and
(IV) has a foreign residence which the alien has no intention of abandoning;
or
(iii) is the alien spouse or child of an alien described
in clause (i) or (ii) and is accompanying, or following to join, the alien;
INA: ACT 102 - APPLICABILITY OF TITLE II TO
CERTAIN NONIMMIGRANTS
Sec. 102. [8 U.S.C. 1102] Except as otherwise provided in this Act, for so long
as they continue in the nonimmigrant classes enumerated in this section, the
provisions of this Act relating to ineligibility to receive visas and the
removal of aliens shall not be construed to apply to nonimmigrants-
(1) within the class described in paragrap(15)(A)(i) of section 01(a), except
those provisions relating to reasonable requirements of passports and visas as
a means of identification and documentation necessary to establish their
qualifications under such paragraph (15)(A)(i), and, under such rules and
regulations as the President may deem to be necessary, the provisions of
subparagraphs (A) through (C) of section 212(a)(3) ;
(2) within the class described in paragraph (15)(G)(i) of section 101(a), except
those provisions relating to reasonable requirements of passports and visas as
a means of identification and documentation necessary to establish their
qualifications under such paragraph (15)(G)(i), and the provisions of
subparagraphs (A) through (C) of section 212(a)(3) ; and
(3) within the classes described in paragraphs (15) (A) (ii), (15) (G) (ii),
(15) (G) (iii), or (15) (G) (iv) of section 101 (a), except those provisions
relating to reasonable requirements of passports and visas as a means of
identification and documentation necessary to establish their qualifications
under such paragraphs, and the provisions of subparagraphs (A) through (C) of
section 212(a)(3) .
INA: ACT 103 - POWERS AND DUTIES OF THE
ATTORNEY GENERAL AND THE COMMISSIONER
Sec. 103. [8 U.S.C. 1103] (a) (1) The Attorney General shall be charged with the
administration and enforcement of this Act and all other laws relating to the
immigration and naturalization of aliens, except insofar as this Act or such
laws relate to the powers, functions, and duties conferred upon the President,
the Secretary of State, the officers of the Department of State, or diplomatic
or consular officers: Provided, however, That determination and ruling by the
Attorney General with respect to all questions of law shall be controlling
.
(2) He shall have control, direction, and
supervision of all employees and of all the files and records of the
Service.
(3) He shall establish such regulations; prescribe
such forms of bond, reports, entries, and other papers; issue such instructions;
and perform such other acts as he deems necessary for carrying out his
authority under the provisions of this Act.
(4) He may require or authorize any employee of the
Service or the Department of Justice to perform or exercise any of the powers,
privileges, or duties conferred or imposed by this Act or regulations issued
thereunder upon any other employee of the Service.
(5) He shall have the power and duty to control and
guard the boundaries and borders of the United States against the illegal entry
of aliens and shall, in his discretion, appoint for that purpose such number of
employees of the Service as to him shall appear necessary and proper.
(6) He is authorized to confer or impose upon any
employee of the United States, with the consent of the head of the Department
or other independent establishment under whose jurisdiction the employee is
serving, any of the powers, privileges, or duties conferred or imposed by this
Act or regulations issued thereunder upon officers or employees of the Service.
(7) He may, with the concurrence of the Secretary
of State, establish offices of the Service in foreign countries; and, after
consultation with the Secretary of State, he may, whenever in his judgment such
action may be necessary to accomplish the purposes of this Act, detail
employees of the Service for duty in foreign countries.
(8) 9/ After consultation with the Secretary of State,
the Attorney General may authorize officers of a foreign country to be
stationed at preclearance facilities in the United States for the purpose of
ensuring that persons traveling from or through the United States to that
foreign country comply with that country's immigration and related laws. 3/
(9) 9/ Those officers may exercise such authority and
perform such duties as United States immigration officers are authorized to
exercise and perform in that foreign country under reciprocal agreement, and
they shall enjoy such reasonable privileges and immunities necessary for the
performance of their duties as the government of their country extends to
United States immigration officers. 3/
(10) 1/ 9/ In the event the Attorney General determines
that an actual or imminent mass influx of aliens arriving off the coast of the
United States, or near a land border, presents urgent circumstances requiring
an immediate Federal response, the Attorney General may authorize any State or
local law enforcement officer, with the consent of the head of the department,
agency, or establishment under whose jurisdiction the individual is serving, to
perform or exercise any of the powers, privileges, or duties conferred or
imposed by this Act or regulations issued thereunder upon officers or employees
of the Service.
(11) 2/ 9/ The Attorney General, in support of persons in
administrative detention in non-Federal institutions, is authorized-
(A) to make payments from funds appropriated for the administration and
enforcement of the laws relating to immigration, naturalization, and alien
registration for necessary clothing, medical care, necessary guard hire, and
the housing, care, and security of persons detained by the Service pursuant to
Federal law under an agreement with a State or political subdivision of a
State; and
(B) to enter into a cooperative agreement with any State, territory, or
political subdivision thereof, for the necessary construction, physical
renovation, acquisition of equipment, supplies or materials required to
establish acceptable conditions of confinement and detention services in any
State or unit of local government which agrees to provide guaranteed bed space
for persons detained by the Service.
(b) 4/ (1) The
Attorney General may contract for or buy any interest in land, including
temporary use rights, adjacent to or in the vicinity of an international land
border when the Attorney General deems the land essential to control and guard
the boundaries and borders of the United States against any violation of this
Act.
(2) The Attorney General may contract for or buy any
interest in land identified pursuant to paragraph (1) as soon as the lawful
owner of that interest fixes a price for it and the Attorney General considers
that price to be reasonable.
(3) When the Attorney General and the lawful owner of an
interest identified pursuant to paragraph (1) are unable to agree upon a
reasonable price, the Attorney General may commence condemnation proceedings
pursuant to the Act of August 1, 1888 (Chapter 728; 25 Stat. 357).
(4) The Attorney General may accept for the United
States a gift of any interest in land identified pursuant to paragraph
(1).
(c) The Commissioner shall be a citizen of the United
States and shall be appointed by the President, by and with the advice and
consent of the Senate. He shall be charged with any and all responsibilities
and authority in the administration of the Service and of this Act which are
conferred upon the Attorney General as may be delegated to him by the Attorney
General or which may be prescribed by the Attorney General. The Commissioner
may enter into cooperative agreements with State and local enfor cement
agencies for the purpose of assisting in the enforcement of the immigration laws. 5/
(d) (1) The Commissioner, in
consultation with interested academicians, government agencies, and other
parties, shall provide for a system for collection and dissemination, to
Congress and the public, of information (not in individually identifiable form)
useful in evaluating the social, economic, environmental, and demographic
impact of immigration laws.
(2) 6/ Such information shall include information on
the alien population in the United States, on the rates of naturalization and
emigration of resident aliens, on aliens who have been admitted, paroled, or
granted asylum, on nonimmigrants in the United States (by occupation, basis for
admission, and duration of stay), on aliens who have not been admitted or have
been removed from the United States, on the number of applications filed and
granted for cancellation of removal, and on the number of aliens estimated to
be present unlawfully in the United States in each fiscal year.
(3) Such system shall provide for the collection and
dissemination of such information not less often than annually.
(e) (1) The Commissioner
shall submit to Congress annually a report which contains a summary of the
information collected under subsection (d) and an analysis of trends in
immigration and naturalization.
(2) Each annual report shall include information on the
number, and rate of denial administratively, of applications for
naturalization, for each district office of the Service and by national origin
group.
(f) 7/ The Attorney General shall allocate to each
State not fewer than 10 full-time active duty agents of the Immigration and
Naturalization Service to carry out the functions of the Service, in order to
ensure the effective enforcement of this Act.
(g) 10/ ATTORNEY GENERAL.-
(1) IN GENERAL.-The Attorney General shall have such authorities and functions
under this Act and all other laws relating to the immigration and
naturalization of aliens as were exercised by the Executive Office for
Immigration Review, or by the Attorney General with respect to the Executive
Office for Immigration Review, on the day before the effective date of the
Immigration Reform, Accountability and Security Enhancement Act of 2002.
(2) POWERS.-The Attorney General shall establish such regulations, prescribe
such forms of bond, reports, entries, and other papers, issue such
instructions, review such administrative determinations in immigration
proceedings, delegate such authority, and perform such other acts as the
Attorney General determines to be necessary for carrying out this
section.
INA: ACT 104 - POWERS AND DUTIES OF THE
SECRETARY OF STATE
Sec. 104. [8 U.S.C. 1104]
(a) The Secretary of State shall be charged with the
administration and the enforcement of the provisions of this Act and all other
immigration and nationality laws relating to (1) the powers, duties and
functions of diplomatic and consular officers of the United States, except
those powers, duties and functions conferred upon the consular officers
relating to the granting or refusal of visas; (2) the powers, duties and
functions of the Administrator; and (3) the determination of nationality of a
pe rson not in the United States. He shall establish such regulations;
prescribe such forms of reports, entries and other papers; issue such
instructions; and perform such other acts as he deems necessary for carrying
out such provisions. He is authorized to confer or impose upon any employee of
the United States, with the consent of the head of the department or
independent establishment under whose jurisdiction the employee is serving, any
of the powers, functions, or duties conferred or imposed by this Act or regulations
issued thereunder upon officers or employees of the Department of State or of
the American Foreign Service.
(b) The Secretary of State shall designate an
Administrator who shall be a citizen of the United States, qualified by
experience. The Administrator shall maintain close liaison with the appropriate
committees of Congress in order that they may be advised regarding the
administration of this Act by consular officers. The Administrator shall be
charged with any and all responsibility and authority in the administration of
this Act which are conferred on the Secretary of State as may be delegated to
the Administrator by the Secretary of State or which may be prescribed by the
Secretary of State, and shall perform such other duties as the Secretary of
State may prescribe.
(c) Within the Department of State there shall be a
Passport Office, a Visa Office, and such other offices as the Secretary of
State may deem to be appropriate, each office to be headed by a director. The
Directors of the Passport Office and the Visa Office shall be experienced in
the administration of the nationality and immigration laws.
(d) The functions heretofore performed by the Passport
Division and the Visa Division of the Department of State shall hereafter be
performed by the Passport Office and the Visa Office, respectively.
(e) There shall be a General Counsel of the Visa Office,
who shall be appointed by the Secretary of State and who shall serve under the
general direction of the Legal Adviser of the Department of State. The General
Counsel shall have authority to maintain liaison with the appropriate officers
of the Service with a view to securing uniform interpretations of the
provisions of this Act.
INA: ACT 105 - LIAISON WITH INTERNAL SECURITY
OFFICERS; 1/ DATA EXCHANGE
Sec. 105. [8 U.S.C. 1105]
(a) 1/ The Commissioner and the Administrator shall
have authority to maintain direct and continuous liaison with the Directors of
the Federal Bureau of Investigation and the Central Intelligence Agency and
with other internal security officers of the Government for the purpose of
obtaining and exchanging information for use in enforcing the provisions of
this Act in the interest of the internal 1/ and border security of the United States. The
Commissioner and the Administrator shall maintain direct and continuous liaison
with each other with a view to a coordinated, uniform, and efficient
administration of this Act, and all other immigration and nationality laws.
1/ (b) (1) The Attorney General and the Director
of the Federal Bureau of Investigation shall provide the Department of State
and the Service access to the criminal history record information contained in
the National Crime Information Center's Interstate Identification Index
(NCIC-III), Wanted Persons File, and to any other files maintained by the
National Crime Information Center that may be mutually agreed upon by the
Attorney General and the agency receiving the access, for the purpose of
determining whet her or not a visa applicant or applicant for admission has a
criminal history record indexed in any such file.
(2) Such access shall be provided by means of extracts of the records for
placement in the automated visa lookout or other appropriate database, and
shall be provided without any fee or charge.
(3) The Federal Bureau of Investigation shall provide periodic updates of the
extracts at intervals mutually agreed upon with the agency receiving the
access. Upon receipt of such updated extracts, the receiving agency shall make
corresponding updates to its database and destroy previously provided extracts.
(4) Access to an extract does not entitle the Department of State to obtain the
full content of the corresponding automated criminal history record. To obtain
the full content of a criminal history record, the Department of State shall
submit the applicant's fingerprints and any appropriate fingerprint processing
fee authorized by law to the Criminal Justice Information Services Division of
the Federal Bureau of Investigation.
1/ (c) The provision of the extracts described in
subsection (b) may be reconsidered by the Attorney General and the receiving
agency upon the development and deployment of a more cost-effective and
efficient means of sharing the information.
1/ (d) For purposes of administering this section,
the Department of State shall, prior to receiving access to NCIC data but not
later than 4 months after the date of enactment of this subsection, promulgate
final regulations--
(1) to implement procedures for the taking of fingerprints; and
(2) to establish the conditions for the use of the information received from
the Federal Bureau of Investigation, in order--
(A) to limit the redissemination of such information;
(B) to ensure that such information is used solely to determine whether or not
to issue a visa to an alien or to admit an alien to the United States;
(C) to ensure the security, confidentiality, and destruction of such
information; and
(D) to protect any privacy rights of individuals who are subjects of such
information.
FOOTNOTES FOR SECTION 105
FN 1 Amended by
section 403 of the USA Patriot Act, Public Law 107-56 , dated October 26, 2001.
INA: ACT 106 EMPLOYMENT AUTHORIZATION FOR
BATTERED SPOUSES OF CERTAIN NONIMMIGRANTS.
Sec. 106. [8 U.S.C. 1106] 1/ 2/
(a) In General- In the case of an alien spouse admitted under subparagraph (A),
(E)(iii), (G), or (H) of section 101(a)(15) who is accompanying or following to join a
principal alien admitted under subparagraph (A), (E)(iii), (G), or (H) of such
section, respectively, the Secretary of Homeland Security may authorize the
alien spouse to engage in employment in the United States and provide the
spouse with an 'employment authorized' endorsement or other appropriate work
permit if the alien spouse demonstrates that during the marriage the alien
spouse or a child of the alien spouse has been battered or has been the subject
of extr eme cruelty perpetrated by the spouse of the alien spouse. Requests for
relief under this section shall be handled under the procedures that apply to
aliens seeking relief under section 204(a)(1)(A)(iii) .
(b) Construction- The grant of employment authorization pursuant to this section
shall not confer upon the alien any other form of relief.
FOOTNOTES FOR SECTION 106
FN 1 Repealed by § 306(b) of IIRIRA. Note all references to "special
inquiry officer" were changed to "immigration judge" after the
section was stricken being rewritten. See § 671 of IIRIRA.
FN 2 Section 814(c) of Public Law 109-162, dated January 5, 2006,
added section 106 of the Immigration and Nationality Act.