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

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.

The Intercountry Adoption Act of 2000, referred to in subsec. (d)(2), is Pub. L. 106–279, Oct. 6, 2000, 114 Stat. 825, 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 section 14901 of Title 42 and Tables.

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

2022—Subsec. (a)(1)(H). Pub. L. 117–103 amended subpar. (H) generally. Prior to amendment, subpar. (H) read as follows: “Any alien desiring to be classified under section 1153(b)(5) of this title may file a petition with the Attorney General for such classification.”

2013—Subsec. (a)(1)(I)(iv). Pub. L. 113–6 temporarily added cl. (iv). Text read as follows: “Each petition to compete for consideration for a visa under section 1153(c) of this title 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.

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

2009—Subsec. (l). Pub. L. 111–83 added subsec. (l).

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

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

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

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

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

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

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

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

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

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

2002—Subsec. (a)(1)(D)(iii). Pub. L. 107–208, § 7, added cl. (iii).

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

2000—Subsec. (a)(1)(A)(iii). Pub. L. 106–386, § 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, § 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, § 1503(b)(3), added cl. (v).

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

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

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

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

Subsec. (d). Pub. L. 106–279 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).

Subsec. (h). Pub. L. 106–386, § 1507(b), 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 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, § 308(e)(1)(A), substituted “removal” for “deportation”.

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

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

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

1991—Subsec. (a)(1)(A). Pub. L. 102–232, § 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, § 302(e)(4)(B), substituted “Attorney General” for “Secretary of State”.

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

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

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

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

1990—Subsec. (a)(1). Pub. L. 101–649, § 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, § 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, § 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, § 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, § 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, § 702(b), as amended by Pub. L. 102–232, § 308(b), inserted “except as provided in section 1255(e)(3) of this title,” after “Notwithstanding subsection (a),”.

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

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

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

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

1986—Subsec. (a). Pub. L. 99–639, § 2(c), designated existing provisions as par. (1) and added par. (2).

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

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

1982—Subsec. (g). Pub. L. 97–359 added subsec. (g).

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

Subsec. (d). Pub. L. 97–116, § 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, § 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, § 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)”.

Subsecs. (e), (f). Pub. L. 95–417, § 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.

Pub. L. 117–103, div. BB, § 105(b), Mar. 15, 2022, 136 Stat. 1103, provided that:

Pub. L. 113–6, div. D, title V, § 563, Mar. 26, 2013, 127 Stat. 380, provided in part that the amendment made by section 563 of Pub. L. 113—6 is effective during the period beginning on Oct. 1, 2013, and ending on Sept. 30, 2014.

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.

Amendment by Pub. L. 106–279 effective Apr. 1, 2008, 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.

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.

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.

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.

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.

Pub. L. 101–649, title VII, § 702(c), Nov. 29, 1990, 104 Stat. 5086, 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].”

Pub. L. 99–639, § 4(b), Nov. 10, 1986, 100 Stat. 3543, 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].”

Pub. L. 99–639, § 5(c), Nov. 10, 1986, 100 Stat. 3543, 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].”

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.

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.

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.

Pub. L. 111–83, title V, § 568(d)(2), Oct. 28, 2009, 123 Stat. 2187, provided that: “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.”

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.

Act Sept. 3, 1954, ch. 1254, §§ 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.