Title 8, Chapter 12 — Immigration and Nationality

Definitions

Diplomatic and semidiplomatic immunities

Powers and duties of the Secretary, the Under Secretary, and the Attorney General

Powers and duties of Secretary of State

Liaison with internal security officers; data exchange

Employment authorization for battered spouses of certain nonimmigrants

Repealed. Pub. L. 91–510, title IV, § 422(a), Oct. 26, 1970, 84 Stat. 1189

Additional report

Worldwide level of immigration

Repealed. Pub. L. 94–571, § 7(g), Oct. 20, 1976, 90 Stat. 2706

Numerical limitations on individual foreign states

Allocation of immigrant visas

Transparency

Procedure for granting immigrant status

Revocation of approval of petitions; effective date

Unused immigrant visas

Annual admission of refugees and admission of emergency situation refugees

Asylum

Adjustment of status of refugees

Special agricultural workers

Repealed. Pub. L. 103–416, title II, § 219(ee)(1), Oct. 25, 1994, 108 Stat. 4319

Admission of immigrants into the United States

Inadmissible aliens

Repealed. Pub. L. 87–301, § 24(a)(1), (3), Sept. 26, 1961, 75 Stat. 657

Denial of visas to confiscators of American property

Denial of entry into United States of foreign nationals engaged in establishment or enforcement of forced abortion or sterilization policy

Denial of entry into United States of Chinese and other nationals engaged in coerced organ or bodily tissue transplantation

Admission of aliens on giving bond or undertaking; return upon permanent departure

Requirements for sponsor’s affidavit of support

Admission of nonimmigrants

Philippine Traders as nonimmigrants

Travel control of citizens and aliens

Transferred

Conditional permanent resident status for certain alien spouses and sons and daughters

Conditional permanent resident status for certain alien entrepreneurs, spouses, and children

Visa waiver program for certain visitors

Provision of assistance to non-program countries

Admission of temporary H–2A workers

Designation of foreign terrorist organizations

Issuance of visas

Repealed. Pub. L. 99–653, § 5(b), formerly § 5(a)(d), Nov. 14, 1986, 100 Stat. 3656, renumbered § 5(b), Pub. L. 100–525, § 8(d)(2), Oct. 24, 1988, 102 Stat. 2617

Application for visas

Reentry permit

Immediate relative and special immigrant visas

Repealed. Pub. L. 87–301, § 24(a)(2), Sept. 26, 1961, 75 Stat. 657

Lists of alien and citizen passengers arriving and departing

Detention of aliens for physical and mental examination

Entry through or from foreign territory and adjacent islands

Designation of ports of entry for aliens arriving by aircraft

Inspection by immigration officers; expedited removal of inadmissible arriving aliens; referral for hearing

Preinspection at foreign airports

Apprehension and detention of aliens

Mandatory detention of suspected terrorists; habeas corpus; judicial review

Deportable aliens

Expedited removal of aliens convicted of committing aggravated felonies

Initiation of removal proceedings

Removal proceedings

Cancellation of removal; adjustment of status

Voluntary departure

Records of admission

Detention and removal of aliens ordered removed

Enhancing efforts to combat the trafficking of children

Transferred

Repealed. Pub. L. 87–301, § 24(a)(3), Sept. 26, 1961, 75 Stat. 657

Judicial review of orders of removal

Transferred

Repealed. Pub. L. 104–208, div. C, title III, § 308(b)(6), Sept. 30, 1996, 110 Stat. 3009–615

Authorizing State and local law enforcement officials to arrest and detain certain illegal aliens

Penalties related to removal

Repealed. Pub. L. 104–208, div. C, title III, § 308(b)(7), Sept. 30, 1996, 110 Stat. 3009–615

Temporary protected status

Collection of fees under temporary protected status program

Adjustment of status of nonimmigrant to that of person admitted for permanent residence

Adjustment of status of certain entrants before January 1, 1982, to that of person admitted for lawful residence

Adjustment of status of certain nonimmigrants to that of persons admitted for permanent residence

Rescission of adjustment of status; effect upon naturalized citizen

Adjustment of status of certain resident aliens to nonimmigrant status; exceptions

Change of nonimmigrant classification

Record of admission for permanent residence in the case of certain aliens who entered the United States prior to January 1, 1972

Removal of aliens falling into distress

Alien crewmen

Conditional permits to land temporarily

Hospital treatment of alien crewmen afflicted with certain diseases

Control of alien crewmen

Employment on passenger vessels of aliens afflicted with certain disabilities

Discharge of alien crewmen; penalties

Alien crewmen brought into the United States with intent to evade immigration laws; penalties

Limitations on performance of longshore work by alien crewmen

Alien seeking entry; contents

Registration of aliens

Registration of special groups

Forms for registration and fingerprinting

Notices of change of address

Penalties

Prevention of unauthorized landing of aliens

Bringing in aliens subject to denial of admission on a health-related ground; persons liable; clearance papers; exceptions; “person” defined

Unlawful bringing of aliens into United States

Bringing in and harboring certain aliens

Unlawful employment of aliens

Unfair immigration-related employment practices

Penalties for document fraud

Civil penalties for failure to depart

Improper entry by alien

Reentry of removed aliens

Aiding or assisting certain aliens to enter

Importation of alien for immoral purpose

Jurisdiction of district courts

Collection of penalties and expenses

Nonimmigrant visa fees

Printing of reentry permits and blank forms of manifest and crew lists; sale to public

Travel expenses and expense of transporting remains of officers and employees dying outside of United States

Officers and employees; overtime services; extra compensation; length of working day

Extra compensation; payment

Immigration officials; service in foreign contiguous territory

Disposition of money received as extra compensation

Applicability to members of the Armed Forces

Disposal of privileges at immigrant stations; rentals; retail sale; disposition of receipts

Disposition of moneys collected under the provisions of this subchapter

Powers of immigration officers and employees

Local jurisdiction over immigrant stations

Application to American Indians born in Canada

Establishment of central file; information from other departments and agencies

Burden of proof upon alien

Right to counsel

Deposit of and interest on cash received to secure immigration bonds

Undercover investigation authority

Repealed. Pub. L. 105–277, div. A, § 101(b) [title I, § 109(b)], Oct. 21, 1998, 112 Stat. 2681–50, 2681–67

Triennial comprehensive report on immigration

Reimbursement of States for costs of incarcerating illegal aliens and certain Cuban nationals

Integrated entry and exit data system

Biometric entry and exit data system

Annual report on criminal aliens

Penalties for disclosure of information

Increase in INS detention facilities; report on detention space

Treatment of expenses subject to emergency medical services exception

Reimbursement of States and localities for emergency ambulance services

Reports

Program to collect information relating to nonimmigrant foreign students and other exchange program participants

Communication between government agencies and the Immigration and Naturalization Service

Information regarding female genital mutilation

Repealed. Pub. L. 109–162, title VIII, § 833(g), Jan. 5, 2006, 119 Stat. 3077

Domestic violence information and resources for immigrants and regulation of international marriage brokers

Protections for domestic workers and other nonimmigrants

Protections, remedies, and limitations on issuance for A–3 and G–5 visas

Data on nonimmigrant overstay rates

Collection of data on detained asylum seekers

Report on aliens determined to have credible or reasonable fear of persecution or torture

Collection of data on other detained aliens

Report on aliens detained

Technology standard to confirm identity

Maintenance of statistics by the Department of Homeland Security

Secretary of Labor report

Acceptance and administration of gifts for immigration integration grants program

Nationals and citizens of United States at birth

Birth abroad before 1952 to service parent

Repealed. Pub. L. 92–584, § 2, Oct. 27, 1972, 86 Stat. 1289

Persons born in Puerto Rico on or after April 11, 1899

Persons born in the Canal Zone or Republic of Panama on or after February 26, 1904

Persons born in Alaska on or after March 30, 1867

Persons born in Hawaii

Persons living in and born in the Virgin Islands

Persons living in and born in Guam

Nationals but not citizens of the United States at birth

Children born out of wedlock

Naturalization authority

Eligibility for naturalization

Requirements as to understanding the English language, history, principles and form of government of the United States

Prohibition upon the naturalization of persons opposed to government or law, or who favor totalitarian forms of government

Ineligibility to naturalization of deserters from the Armed Forces

Citizenship denied alien relieved of service in Armed Forces because of alienage

Requirements of naturalization

Temporary absence of persons performing religious duties

Prerequisite to naturalization; burden of proof

Married persons and employees of certain nonprofit organizations

Children born outside the United States and lawfully admitted for permanent residence; conditions under which citizenship automatically acquired

Repealed. Pub. L. 106–395, title I, § 103(a), Oct. 30, 2000, 114 Stat. 1632

Children born and residing outside the United States; conditions for acquiring certificate of citizenship

Repealed. Pub. L. 95–417, § 7, Oct. 5, 1978, 92 Stat. 918

Former citizens regaining citizenship

Nationals but not citizens; residence within outlying possessions

Resident Philippine citizens excepted from certain requirements

Former citizens losing citizenship by entering armed forces of foreign countries during World War II

Naturalization through service in the armed forces

Naturalization through active-duty service in the Armed Forces during World War I, World War II, Korean hostilities, Vietnam hostilities, or other periods of military hostilities

Posthumous citizenship through death while on active-duty service in armed forces during World War I, World War II, the Korean hostilities, the Vietnam hostilities, or in other periods of military hostilities

Omitted

Exemption from naturalization fees for aliens naturalized through service during Vietnam hostilities or other subsequent period of military hostilities; report by clerks of courts to Attorney General

Fingerprints and other biometric information for members of the United States Armed Forces

Provision of information on military naturalization

Constructive residence through service on certain United States vessels

Alien enemies

Administration

Naturalization proceedings overseas for members of the Armed Forces and their spouses and children

Photographs; number

Application for naturalization; declaration of intention

Investigation of applicants; examination of applications

Hearings on denials of applications for naturalization

Oath of renunciation and allegiance

Address to newly naturalized citizens

Certificate of naturalization; contents

Functions and duties of clerks and records of declarations of intention and applications for naturalization

Revocation of naturalization

Certificates of citizenship or U.S. non-citizen national status; procedure

Cancellation of certificates issued by Attorney General, the Commissioner or a Deputy Commissioner; action not to affect citizenship status

Documents and copies issued by Attorney General

Fiscal provisions

Repealed. Pub. L. 86–682, § 12(c), Sept. 2, 1960, 74 Stat. 708, eff. Sept. 1, 1960

Publication and distribution of citizenship textbooks; use of naturalization fees

Compilation of naturalization statistics and payment for equipment

Repealed. Pub. L. 101–649, title IV, § 407(d)(20), Nov. 29, 1990, 104 Stat. 5046

Loss of nationality by native-born or naturalized citizen; voluntary action; burden of proof; presumptions

Repealed. Pub. L. 95–432, § 1, Oct. 10, 1978, 92 Stat. 1046

Restrictions on loss of nationality

Repealed. Pub. L. 95–432, § 2, Oct. 10, 1978, 92 Stat. 1046

Nationality lost solely from performance of acts or fulfillment of conditions

Application of treaties; exceptions

Certificate of diplomatic or consular officer of United States as to loss of American nationality

Certificate of nationality issued by Secretary of State for person not a naturalized citizen of United States for use in proceedings of a foreign state

Denial of rights and privileges as national

Cancellation of United States passports and Consular Reports of Birth

Office of Refugee Resettlement; establishment; appointment of Director; functions

Authorization for programs for domestic resettlement of and assistance to refugees

Congressional reports

Authorization of appropriations

Repealed. Pub. L. 103–236, title I, § 162(m)(3), Apr. 30, 1994, 108 Stat. 409

Definitions

Establishment of removal court

Removal court procedure

Removal hearing

Appeals

Custody and release pending removal hearing

Custody and release after removal hearing