Immigration and Nationality Act - Refworld

1 Immigration and Nationality Act * * This version of the Immigration and Nationality Act (INA) is current as of December 2002, with the exception of Sections 213A - 241, which are current as of March 2004. Users are advised not to rely solely on this version, and should visit the US Citizenship and Immigraion Service website ( ) to access the most current copy of the INA. Immigration AND Nationality ACT Acronyms used in footnote text INA: TITLE I ACT 101 Definitions ACT 102 Applicability of Title II to certain Nonimmigrants ACT 103 Powers and duties of the Attorney General and the Commissioner. ACT 104 Powers and duties of the Secretary of State ACT 105 Liaison with internal security officers. ACT 106 Repealed INA: TITLE II -- Immigration CHAPTER 1 - SELECTION SYSTEM ACT 201 Worldwide level of Immigration . ACT 202 Numerical limitation to any single foreign state.

2 ACT 203 Allocation of immigrant visas. ACT 204 Procedure for granting immigrant status. ACT 205 Revocation of approval of petitions. ACT 206 Unused immigrant visas. ACT 207 Annual admission of refugees and admission of emergency situation refugees. ACT 208 Asylum ACT 209 Adjustment of status of refugees. ACT 210 Special agricultural workers. ACT 210A Repealed CHAPTER 2 -- QUALIFICATIONS FOR ADMISSION OF ALIENS; TRAVEL CONTROL OF CITIZENS AND ALIENS ACT 211 Documentary requirements. ACT 212 General classes of aliens ineligible to receive visas and ineligible for admission; waivers of inadmissibility. ACT 213 Admission of certain aliens on giving bond. ACT 213A Requirements for sponsor's affidavit of support. ACT 214 Admission of nonimmigrants. ACT 215 Travel documentation of aliens and citizens. ACT 216 Conditional permanent resident status for certain alien spouses and sons and daughters.

3 ACT 216A Conditional permanent resident status for certain alien entrepreneurs, spouses, and children. ACT 217 Visa waiver program for certain visitors. ACT 218 Admission of temporary H - 2A workers. ACT 219 Designation of foreign terrorist organization CHAPTER 3 -- ISSUANCE OF ENTRY DOCUMENTS ACT 221 Issuance of visas. ACT 222 Applications for visas. ACT 223 Reentry permits. ACT 224 Immediate relative and special immigrant visas. CHAPTER 4 -- INSPECTION, APPREHENSION, EXAMINATION, EXCLUSION, AND removal ACT 231 Lists of alien and citizen passengers arriving or departing; record of resident aliens and citizens leaving permanently for foreign country. ACT 232 detention of aliens for observation and examination. ACT 233 Entry through or form foreign territory and adjacent islands; landing stations. ACT 234 Designation of ports of entry for aliens arriving by civil aircraft.

4 ACT 235 Inspection by Immigration officers; expedited removal of inadmissible arriving aliens; referral for hearing. ACT 235A Preinspection at foreign airports. ACT 236 Apprehension and detention of aliens. ACT 236A Mandatory detention of Suspected Terrorists; Habeas Corpus; Judicial Review ACT 237 General classes of deportable aliens. ACT 238 Expedited removal of aliens convicted of committing aggravated felonies. ACT 239 Initiation of removal proceedings. ACT 240 removal proceedings ACT 240A Cancellation of removal ; adjustment of status. ACT 240B Voluntary departure. ACT 240C Records of admission. ACT 241 detention and removal of aliens ordered removed. ACT 242 Judicial review of orders of removal ACT 242A Redesignated ACT 242B Repealed ACT 243 Penalties related to removal ACT 244 Temporary protected status CHAPTER 5 -- ADJUSTMENT OF STATUS ACT 245 Adjustment of status of nonimmigrant to that of person admitted for permanent residence.

5 ACT 245A Adjustment of status of certain entrants before January 1, 1982, to that of person admitted for lawful residence ACT 246 Rescission of adjustment of status ACT 247 Adjustment of status of certain resident aliens to nonimmigrant status ACT 248 Change of nonimmigrant classification ACT 249 Record of admission for permanent residence in the case of certain aliens who entered the United States prior to July 1, 1924 or January 1, 1972 ACT 250 removal of aliens who have fallen into distress CHAPTER 6 -- SPECIAL PROVISIONS RELATING TO ALIEN CREWMEN ACT 251 Lists of alien crewmen; reports of illegal landings ACT 252 Conditional permits to land temporarily ACT 253 Hospital treatment of alien crewmen afflicted with certain diseases ACT 254 Control of alien crewmen ACT 255 Employment on passenger vessels of aliens afflicted with certain disabilities ACT 256 Discharge of alien crewmen ACT 257 Bringing alien crewmen into United States with intent to evade Immigration laws ACT 258 Limitations on performance of longshore work by alien crewmen CHAPTER 7 -- REGISTRATION OF ALIENS ACT 261 Aliens seeking entry into the United States ACT 262 Registration of aliens in the United States ACT 263 Provisions governing registration of special groups ACT 264 Forms and procedure ACT 265 Notices of change of address ACT 266 Penalties CHAPTER 8 -- GENERAL PENALTY PROVISIONS ACT 271 Prevention of unauthorized landing of aliens ACT 272

6 Bringing in aliens subject to exclusion on a health-related ground ACT 273 Unlawful bringing of aliens into United States ACT 274 Bringing in and harboring certain aliens ACT 274A Unlawful employment of aliens ACT 274B Unfair Immigration -related employment practices ACT 274C Penalties for document fraud ACT 274D Civil penalties for failure to depart ACT 275 Entry of alien at improper time or place; misrepresentation and concealment of facts ACT 276 Reentry of removed alien ACT 277 Aiding or assisting certain aliens to enter the United States ACT 278 Importation of alien for immoral purpose ACT 279 Jurisdiction of district courts ACT 280 Collection of penalties and expenses CHAPTER 9 -- MISCELLANEOUS ACT 281 Nonimmigrant visa fees ACT 282 Printing of reentry permits and blank forms of manifests and crew lists ACT 283 Travel expenses and expense of transporting remains of Immigration officers and employees who die outside of the United States ACT 284 Members of the Armed Forces ACT 285 Disposal of privileges at immigrant stations ACT 286 Disposition of moneys collected under the provisions of this title ACT 287 Powers of Immigration officers and employees ACT 288 Local jurisdiction over immigrant stations ACT 289 American

7 Indians born in Canada ACT 290 Central file; information from other departments and agencies ACT 291. Burden of proof ACT 292 Right to counsel ACT 293 Deposit of and interest on cash received to secure Immigration bonds ACT 294 Undercover investigation authority ACT 295 Transportation of remains of Immigration officers and border patrol agents killed in the line of duty INA: TITLE III CHAPTER 1 -- Nationality AT BIRTH AND BY COLLECTIVE NATURALIZATION ACT 301 Nationals and citizens of the United States at birth ACT 302 Persons born in Puerto Rico ACT 303 Persons born in the Canal Zone or Republic of Panama on or after February 26, 1904 ACT 304 Persons born in Alaska on or after March 30, 1867 ACT 305 Persons born in Hawaii ACT 306 Persons living in and born in the Virgin Islands ACT 307 Persons living in and born in Guam ACT 308 Nationals but not citizens of the United States at birth ACT 309 Children born out of wedlock CHAPTER 2 -- Nationality THROUGH NATURALIZATION ACT 310 Naturalization authority ACT 311 Eligibility for naturalization ACT 312 Requirements as to understanding the English language, history.

8 Principles and form of government of the United States ACT 313 Prohibition upon the naturalization of persons opposed to government or law, or who favor totalitarian forms of government ACT 314 Ineligibility to naturalization of deserters from the Armed Forces of the United States ACT 315 Alien relieved from training and service in the Armed Forces of the United States because of alienage barred from citizenship ACT 316 Requirements as to residence, good moral character, attachment to the principles of the Constitution, and favorable disposition to the United States ACT 317 Temporary absence of persons performing religious duties ACT 318 Prerequisites to naturalization -- burden of proof ACT 319 Married persons and employees of certain nonprofit organizations ACT 320 Children born outside the United States and residing permanently in the United States; conditions under which citizenship automatically acquired ACT 321 [Repealed] ACT 322 Children born and residing outside the United States; conditions for acquiring certificate of citizenship ACT 323 Repealed ACT 324 Former citizens of United States regaining United States citizenship ACT 325 Nationals but not citizens of the United States.

9 Residence within outlying possessions ACT 326 Resident Philippine citizens excepted from certain requirements ACT 327 Former United States citizens losing citizenship by entering the armed forces of foreign countries during World War II ACT 328 Naturalization through service in the Armed Forces of the United States ACT 329 Naturalization through active-duty service in the Armed Forces during World War I, World War II, the Korean hostilities, the Vietnam hostilities, or in other periods of military hostilities ACT 329A Posthumous citizenship through death while on active-duty service in the armed forces during World War I, World War II, the Korean hostilities, the Vietnam hostilities, or in other periods of military hostilities ACT 330 Constructive residence through service on certain United States vessels ACT 331 Alien enemies; naturalization under specified conditions and procedure ACT 332 Procedural and administrative provisions; executive functions ACT 333 Photographs ACT 334 Application for naturalization; declaration of intention ACT 335 Investigation of applicants; examination of applications ACT 336 Hearings on denials of applications for naturalization ACT 337 Oath of renunciation and allegiance ACT 338 Certificate of naturalization; contents ACT 339 Functions and duties of clerks and records of declarations of intention and applications for naturalization ACT 340 Revocation of naturalization ACT 341 Certificates of citizenship or non-citizen national status; procedure ACT 342 Cancellation of certificates issued by the Attorney General, the Commissioner or a DeputyCommissioner.

10 Action not to affect citizenship status ACT 343 Documents and copies issued by the Attorney General ACT 344 Fiscal provisions ACT 345 Repealed ACT 346 Authorization granted for publication and distribution of citizenship textbooks from naturalization fees ACT 347 Compilation of naturalization statistics and payment for equipment ACT 348 Repealed CHAPTER 3 -- LOSS OF Nationality ACT 349 Loss of Nationality by native-born or naturalized citizen ACT 350 Repealed ACT 351 Restrictions on loss of Nationality ACT 352 Repealed ACT 353 Repealed ACT 354 Repealed ACT 355 Repealed ACT 356 Nationality lost solely from performance of acts or fulfillment of conditions ACT 357 Application of treaties; exceptions CHAPTER 4 -- MISCELLANEOUS ACT 358 Certificate of diplomatic or consular officer of the United States as to loss of American Nationality under Chapter IV, Nationality Act of 1940, or under Chapter 3 of this title ACT 359 Certificate of Nationality for a person not a naturalized citizen for use in proceedings of a foreign state ACT 360 Judicial proceedings for declaration of United States Nationality in event of denial of rights and privileges as national ACT 361 Cancellation of United States passports and Consular Reports of Birth INA.