This chapter, referred to in subsec. (a)(5), 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.
1996—Subsec. (a)(1)(A). Pub. L. 104–208, § 308(e)(11), substituted “remove” for “deport”.
Subsec. (a)(3)(B), (C). Pub. L. 104–208, § 308(e)(1)(G), substituted “removal” for “deportation”.
Subsec. (b)(5)(B). Pub. L. 104–208, § 308(e)(1)(G), substituted “removal” for “deportation”.
Subsec. (c)(2)(B)(ii). Pub. L. 104–208, § 308(g)(7)(E)(i), substituted “section 1158(b)(2)(A)” for “section 1253(h)(2)”.
Subsec. (e). Pub. L. 104–208, § 308(g)(8)(A)(i), substituted “section 1229b(a)” for “section 1254(a)”.
Pub. L. 104–208, § 308(e)(11), amended heading.
1994—Subsec. (c)(1)(B). Pub. L. 103–416, § 219(z)(2), made technical correction to directory language of Pub. L. 102–232, § 304(b)(2). See 1991 Amendment note below.
Subsec. (c)(2)(A)(iii)(III). Pub. L. 103–416, § 219(j), substituted “paragraphs” for “Paragraphs” and “and (3)(E)” for “or (3)(E)”.
1991—Subsec. (a)(1). Pub. L. 102–232, § 304(b)(1), inserted parenthetical relating to alien having no nationality.
Subsec. (c)(1)(A). Pub. L. 102–232, § 304(b)(3), inserted parenthetical relating to alien having no nationality.
Subsec. (c)(1)(B). Pub. L. 102–232, § 304(b)(2), as amended by Pub. L. 103–416, § 219(z)(2), inserted provisions requiring separate fee of aliens registered pursuant to designation made after
Subsec. (c)(2)(A)(iii)(I). Pub. L. 102–232, § 307(l)(5)(A), substituted “paragraphs (2)(A) and (2)(B)” for “paragraphs (9) and (10)”.
Subsec. (c)(2)(A)(iii)(III). Pub. L. 102–232, § 307(l)(5)(B), amended subcl. (III) generally. Prior to amendment, subcl. (III) read as follows: “paragraphs (3) (relating to security and related grounds).”
1990—Subsec. (c)(2)(A)(i). Pub. L. 101–649, § 603(a)(24)(A), which directed the substitution of “(5) and (7)(A)” for “(14), (20), (21), (25), and (32)”, was executed by making the substitution for “(14), (15), (20), (21), (25), and (32)”, as the probable intent of Congress.
Subsec. (c)(2)(A)(iii)(I). Pub. L. 101–649, § 603(a)(24)(B), which directed the substitution of “Paragraphs (2)(A) and (2)(B)” for “Paragraphs (9) and (10)”, could not be executed because the quoted language differed from the text. See 1991 Amendment note above.
Subsec. (c)(2)(A)(iii)(II). Pub. L. 101–649, § 603(a)(24)(C), substituted “(2)(C)” for “(23)” and inserted “or” at end.
Subsec. (c)(2)(A)(iii)(III). Pub. L. 101–649, § 603(a)(24)(D), which directed the substitution of “(3) (relating to security and related grounds)” for “(27) and (29) (relating to national security)”, and a period for “; or”, was executed by substituting “(3) (relating to security and related grounds)” for “(27) and (29) of such section (relating to national security)”, and a period for “, or”, as the probable intent of Congress.
Subsec. (c)(2)(A)(iii)(IV). Pub. L. 101–649, § 603(a)(24)(E), struck out subcl. (IV) which referred to par. (33).
Amendment by Pub. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after
Amendment by section 219(j) of 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.
Pub. L. 103–416, title II, § 219(z),
Amendment by section 304(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.
Pub. L. 102–232, title III, § 307(l),
Amendment by section 603(a)(24) of Pub. L. 101–649 applicable to individuals entering United States on or after
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.
The Attorney General may not suspend deportation and adjust status under this section of more than 4,000 aliens in any fiscal year, beginning after
Pub. L. 102–232, title III, § 304(c), “(1) In the case of an alien described in paragraph (2) whom the Attorney General authorizes to travel abroad temporarily and who returns to the United States in accordance with such authorization—“(A) the alien shall be inspected and admitted in the same immigration status the alien had at the time of departure if—“(i) in the case of an alien described in paragraph (2)(A), the alien is found not to be excludable on a ground of exclusion referred to in section 301(a)(1) of the Immigration Act of 1990 [Pub. L. 101–649, set out as a note under section 1255a of this title], or“(ii) in the case of an alien described in paragraph (2)(B), the alien is found not to be excludable on a ground of exclusion referred to in section 244(c)(2)(A)(iii) of the Immigration and Nationality Act [8 U.S.C. 1254a(c)(2)(A)(iii)]; and“(B) the alien shall not be considered, by reason of such authorized departure, to have failed to maintain continuous physical presence in the United States for purposes of section 240A(a) of the Immigration and Nationality Act [8 U.S.C. 1229b(a)] if the absence meets the requirements of section 240A(b)(2) of such Act.“(2) Aliens described in this paragraph are the following:“(A) Aliens provided benefits under section 301 of the Immigration Act of 1990 (relating to family unity).“(B) Aliens provided temporary protected status under section 244 of the Immigration and Nationality Act, including aliens provided such status under section 303 of the Immigration Act of 1990 [Pub. L. 101–649, set out below].”
Pub. L. 101–649, title III, § 302(c),
Pub. L. 101–649, title III, § 303, “(a) “(1) El Salvador is hereby designated under section 244(b) of the Immigration and Nationality Act [8 U.S.C. 1254a(b)], subject to the provisions of this section.“(2) Such designation shall take effect on the date of the enactment of this section [“(b) “(1) In applying section 244 of the Immigration and Nationality Act [8 U.S.C. 1254a] pursuant to the designation under this section, subject to section 244(c)(3) of such Act, an alien who is a national of El Salvador meets the requirements of section 244(c)(1) of such Act only if—“(A) the alien has been continuously physically present in the United States since “(B) the alien is admissible as an immigrant, except as otherwise provided under section 244(c)(2)(A) of such Act, and is not ineligible for temporary protected status under section 244(c)(2)(B) of such Act; and“(C) in a manner which the Attorney General shall establish, the alien registers for temporary protected status under this section during the registration period beginning “(2) The Attorney General shall require payment of a reasonable fee as a condition of registering an alien under paragraph (1)(C) (including providing an alien with an ‘employment authorized’ endorsement or other appropriate work permit under this section). The amount of the fee shall be sufficient to cover the costs of administration of this section. Notwithstanding section 3302 of title 31, United States Code, all such registration fees collected shall be credited to the appropriation to be used in carrying out this section.“(c) “(1) Except as provided in this subsection, the provisions of section 244 of the Immigration and Nationality Act [8 U.S.C. 1254a] (including subsection (h) thereof) shall apply to El Salvador (and aliens provided temporary protected status) under this section in the same manner as they apply to a foreign state designated (and aliens provided temporary protected status) under such section.“(2) Subsections (b)(1), (b)(2), (b)(3), (c)(1), (c)(4), (d)(3), and (i) of such section 244 shall not apply under this section.“(3) 6-Notwithstanding section 244(a)(2) of the Immigration and Nationality Act, the work authorization provided under this section shall be effective for periods of 6 months. In applying section 244(c)(3)(C) of such Act under this section, ‘semiannually, at the end of each 6-month period’ shall be substituted for ‘annually, at the end of each 12-month period’ and, notwithstanding section 244(d)(2) of such Act, the period of validity of documentation under this section shall be 6 months.“(4) In applying section 244(f)(3) of the Immigration and Nationality Act under this section, the Attorney General shall provide for advance parole in the case of an alien provided special temporary protected status under this section if the alien establishes to the satisfaction of the Attorney General that emergency and extenuating circumstances beyond the control of the alien requires the alien to depart for a brief, temporary trip abroad.“(d) “(1) At the registration occurring under this section closest to the date of termination of the designation of El Salvador under subsection (a), the Immigration and Naturalization Service shall serve on the alien granted temporary protected status an order to show cause that establishes a date for deportation proceedings which is after the date of such termination of designation. If El Salvador is subsequently designated under section 244(b) of the Immigration and Nationality Act [8 U.S.C. 1254a], the Service shall cancel such orders.“(2) If an alien is provided an order to show cause under paragraph (1) and fails to appear at such proceedings, except for exceptional circumstances, the alien may be deported in absentia under section 240(b)(5) of the Immigration and Nationality Act [8 U.S.C. 1229a(b)(5)] (inserted by section 545(a) of this Act) and certain discretionary forms of relief are no longer available to the alien pursuant to such section.”