Sec. 1154. Procedure for granting immigrant status

SOURCE

AMENDMENTS

  2002 - Subsec. (a)(1)(D)(iii). Pub. L. 107-208, Sec. 7, added cl.
(iii).
  Subsec. (k). Pub. L. 107-208, Sec. 6, added subsec. (k).
  2000 - Subsec. (a)(1)(A)(iii). Pub. L. 106-386, Sec.
1503(b)(1)(A), 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 section
1151(b)(2)(A)(i) of this title, 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."
  Subsec. (a)(1)(A)(iv). Pub. L. 106-386, Sec. 1503(b)(2), 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 section 1151(b)(2)(A)(i)
of this title, 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."
  Subsec. (a)(1)(A)(v). Pub. L. 106-386, Sec. 1503(b)(3), added cl.
(v).
  Subsec. (a)(1)(A)(vi). Pub. L. 106-386, Sec. 1507(a)(1), added
cl. (vi).
  Subsec. (a)(1)(B)(ii). Pub. L. 106-386, Sec. 1503(c)(1), 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 section 1153(a)(2)(A) of this
title, 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."
  Subsec. (a)(1)(B)(iii). Pub. L. 106-386, Sec. 1503(c)(2), 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 section 1153(a)(2)(A) of this
title, 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."
  Subsec. (a)(1)(B)(iv). Pub. L. 106-386, Sec. 1503(c)(3), added
cl. (iv).
  Subsec. (a)(1)(B)(v). Pub. L. 106-386, Sec. 1507(a)(2), added cl.
(v).
  Subsec. (a)(1)(C) to (I). Pub. L. 106-386, Sec. 1503(d)(1), (2),
added subpars. (C) and (D) and redesignated former subpars. (C) to
(G) as (E) to (I), respectively. Former subpar. (H) redesignated
(J).
  Subsec. (a)(1)(J). Pub. L. 106-386, Sec. 1503(d)(1), (3),
redesignated subpar. (H) as (J) and inserted "or in making
determinations under subparagraphs (C) and (D)," after
"subparagraph (B),".
  Subsec. (h). Pub. L. 106-386, Sec. 1507(b), inserted at end
"Remarriage of an alien whose petition was approved under
subsection (a)(1)(B)(ii) or (a)(1)(A)(iii) of this section or
marriage of an alien described in clause (iv) or (vi) of subsection
(a)(1)(A) of this section or in subsection (a)(1)(B)(iii) of this
section shall not be the basis for revocation of a petition
approval under section 1155 of this title."
  Subsec. (j). Pub. L. 106-313 added subsec. (j).
  1996 - Subsec. (a)(1)(A)(iii)(II), (iv)(II), (B)(iii)(II). Pub.
L. 104-208, Sec. 308(e)(1)(A), substituted "removal" for
"deportation".
  Subsec. (e). Pub. L. 104-208, Sec. 308(f)(2)(A), substituted "be
admitted" for "enter".
  Subsec. (i). Pub. L. 104-208, Sec. 624(b), added subsec. (i).
  1994 - Subsec. (a)(1). Pub. L. 103-322, Sec. 40701(a), 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).
  Subsec. (a)(1)(A). Pub. L. 103-416 in second sentence inserted
"spouse" after "alien" and "of the alien (and the alien's
children)" after "for classification".
  Subsec. (a)(2). Pub. L. 103-322, Sec. 40701(b)(1), 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".
  Subsec. (h). Pub. L. 103-322, Sec. 40701(c), added subsec. (h).
  1991 - Subsec. (a)(1)(A). Pub. L. 102-232, Sec. 302(e)(4)(A),
inserted sentence at end authorizing filing of petitions by aliens
described in second sentence of section 1151(b)(2)(A)(i) of this
title.
  Subsec. (a)(1)(F). Pub. L. 102-232, Sec. 302(e)(4)(B),
substituted "Attorney General" for "Secretary of State".
  Subsec. (a)(1)(G)(iii). Pub. L. 102-232, Sec. 302(e)(4)(C),
struck out "or registration" after "petition".
  Subsec. (e). Pub. L. 102-232, Sec. 302(e)(5), substituted "as an
immigrant" for "as a immigrant".
  Subsec. (f)(4)(A)(ii)(II). Pub. L. 102-232, Sec. 309(b)(5),
substituted "the second and third sentences of such section" for
"section 9847 of title 42".
  Subsec. (g). Pub. L. 102-232, Sec. 308(b), made technical
correction to directory language of Pub. L. 101-649, Sec. 702(b).
See 1990 Amendment note below.
  1990 - Subsec. (a)(1). Pub. L. 101-649, Sec. 162(b)(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 section 1153(a) of this title, or to
an immediate relative status under section 1151(b) of this title,
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 section 1153(a)(2) of this title, or any
alien desiring to be classified as a preference immigrant under
section 1153(a)(3) of this title (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 section 1153(a)(6) of this title, 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."
  Subsec. (b). Pub. L. 101-649, Sec. 162(b)(2), 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 section 1153(a) of this
title.
  Subsec. (e). Pub. L. 101-649, Sec. 162(b)(3), substituted
"immigrant under subsection (a), (b), or (c) of section 1153 of
this title" for "preference immigrant under section 1153(a) of this
title".
  Subsec. (f). Pub. L. 101-649, Sec. 162(b)(5), (6), redesignated
subsec. (g) as (f) and struck out former subsec. (f) which related
to applicability of provisions to qualified immigrants specified in
section 1152(e) of this title.
  Subsec. (f)(1). Pub. L. 101-649, Sec. 162(b)(4), substituted
reference to section 1153(a)(3) of this title for reference to
section 1153(a)(4) of this title.
  Subsec. (g). Pub. L. 101-649, Sec. 702(b), as amended by Pub. L.
102-232, Sec. 308(b), inserted "except as provided in section
1255(e)(3) of this title," after "Notwithstanding subsection (a) of
this section,".
  Pub. L. 101-649, Sec. 162(b)(6), redesignated subsec. (h) as (g).
Former subsec. (g) redesignated as (f).
  Subsec. (h). Pub. L. 101-649, Sec. 162(b)(6), redesignated
subsec. (h) as (g).
  1988 - Subsec. (c). Pub. L. 100-525, Sec. 9(g)(1), substituted
"an immediate relative" for "a nonquota".
  Subsec. (g)(3)(A). Pub. L. 100-525, Sec. 9(g)(2), substituted
"(C)(ii) of paragraph (2)" for "(C)(i) of paragraph 2".
  1986 - Subsec. (a). Pub. L. 99-639, Sec. 2(c), designated
existing provisions as par. (1) and added par. (2).
  Subsec. (c). Pub. L. 99-639, Sec. 4(a), inserted "(1)" after "if"
and ", or has sought to be accorded," and added cl. (2).
  Subsec. (h). Pub. L. 99-639, Sec. 5(b), added subsec. (h).
  1982 - Subsec. (g). Pub. L. 97-359 added subsec. (g).
  1981 - Subsec. (a). Pub. L. 97-116, Sec. 18(d), substituted "of a
relationship described in paragraph" for "of the relationships
described in paragraphs".
  Subsec. (d). Pub. L. 97-116, Sec. 3, 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.
  Subsecs. (e), (f). Pub. L. 97-116, Sec. 3, redesignated as
subsec. (e) the subsec. (f) relating to subsequent finding of
non-entitlement. See 1978 Amendment note below. Former subsec. (e)
redesignated (d).
  1980 - Subsec. (d). Pub. L. 96-470 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.
  1978 - Subsec. (c). Pub. L. 95-417, Sec. 2, 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) of this section".
  Subsecs. (e), (f). Pub. L. 95-417, Sec. 3, 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. 94-571.
  1976 - Subsec. (f). Pub. L. 94-571 added subsec. (f).
  1965 - Subsec. (a). Pub. L. 89-236 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.
  Subsec. (b). Pub. L. 89-236 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.
  Subsec. (c). Pub. L. 89-236 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.
  Subsec. (d). Pub. L. 89-236 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.
  Subsec. (e). Pub. L. 89-236 added subsec. (e).
  1962 - Subsec. (c). Pub. L. 87-885 provided for submission of
reports to Congress.

EFFECTIVE DATE OF 2002 AMENDMENT

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

EFFECTIVE DATE OF 2000 AMENDMENT

  Amendment by Pub. L. 106-279 effective upon entry into force for
the United States of the Convention on Protection of Children and
Co-operation in Respect of Intercountry Adoption, pursuant to
Article 46(2)(a) of the Convention, with transition rule, see
section 505(a)(2), (b) of Pub. L. 106-279, set out as an Effective
Dates; Transition Rule note under section 14901 of Title 42, The
Public Health and Welfare.

EFFECTIVE DATE OF 1996 AMENDMENT

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

EFFECTIVE DATE OF 1994 AMENDMENTS

  Amendment by Pub. L. 103-416 effective as if included in the
enactment of the Immigration Act of 1990, Pub. L. 101-649, see
section 219(dd) of Pub. L. 103-416, set out as a note under section
1101 of this title.
  Amendment by Pub. L. 103-322 effective Jan. 1, 1995, see section
40701(d) of Pub. L. 103-322, set out as a note under section 1151
of this title.

EFFECTIVE DATE OF 1991 AMENDMENT

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

EFFECTIVE DATE OF 1990 AMENDMENT

  Amendment by section 162(b) of Pub. L. 101-649 effective Nov. 29,
1990, 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 Pub. L. 101-649,
set out as a note under section 1101 of this title.
  Section 702(c) of Pub. L. 101-649 provided that: "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 [Nov. 29, 1990]."

EFFECTIVE DATE OF 1986 AMENDMENT

  Section 4(b) of Pub. L. 99-639 provided that: "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 [Nov. 10,
1986]."
  Section 5(c) of Pub. L. 99-639 provided that: "The amendments
made by this section [amending this section and section 1255 of
this title] shall apply to marriages entered into on or after the
date of the enactment of this Act [Nov. 10, 1986]."

EFFECTIVE DATE OF 1981 AMENDMENT

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

EFFECTIVE DATE OF 1976 AMENDMENT

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

EFFECTIVE DATE OF 1965 AMENDMENT

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

ALIEN SHEEPHERDERS

  Act Sept. 3, 1954, ch. 1254, Secs. 1-3, 68 Stat. 1145, 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 Sept. 3, 1955, by terms of section 1 thereof.

REFERENCES IN TEXT

  The Child Status Protection Act, referred to in subsec.
(a)(1)(D)(iii), is Pub. L. 107-208, Aug. 6, 2002, 116 Stat. 927,
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 section 1101 of this title and Tables.

AMENDMENT OF SUBSECTION (D)

  Pub. L. 106-279, title III, Secs. 302(b), 505(a)(2), (b), Oct. 6,
2000, 114 Stat. 839, 844, provided that, effective upon entry into
force for the United States of the Convention on Protection of
Children and Co-operation in Respect of Intercountry Adoption,
pursuant to Article 46(2)(a) of the Convention, with transition
rule, subsection (d) of this section is amended by striking "(d)"
and inserting "(d)(1)", by striking "section 1101(b)(1)(F)" and
inserting "subparagraph (F) or (G) of section 1101(b)(1)", and by
adding at the end the following new paragraph:

  (2) Notwithstanding the provisions of subsections (a) and (b) of
this section, no petition may be approved on behalf of a child
defined in section 1101(b)(1)(G) of this title 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 section 1101(b)(1)(G) of
this title 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 [42 U.S.C. 14901 et seq.].

ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS

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