Sec. 233. Temporary removal for examination upon arrival. Sec. 235. Inspection by immigration officers. Sec. 236. Exclusion of aliens. Sec. 237. Immediate deportation of aliens excluded from admission or entering in violation of law. Sec. 238. Entry through or from foreign contiguous territory and adjacent islands; landing stations. Sec. 239. Designation of ports of entry for aliens arriving by civil aircraft. Sec. 240. Records of admission. CHAPTER 5-DEPORTATION; ADJUSTMENT OF STATUS Sec. 241. General classes of deportable aliens. Sec. 242. Apprehension and deportation of aliens. Sec. 243. Countries to which aliens shall be deported; cost of deportation. Sec. 244. Suspension of deportation; voluntary departure. Sec. 245. Adjustment of status of nonimmigrant to that of person admitted for permanent residence. Sec. 246. Rescission of adjustment of status. Sec. 247. Sec. 248. Sec. 249. Adjustment of status of certain resident aliens to nonimmigrant status. Change of nonimmigrant classification. Record of admission for permanent residence in the case of certain aliens who entered prior to July 1, 1924, or June 30, 1948. Sec. 250. Removal of aliens who have fallen into distress. CHAPTER 6-SPECIAL PROVISIONS RELATING TO ALIEN CREWMEN Sec. 251. Lists of alien crewmen; reports of illegal landings. Sec. 253. Hospital treatment of alien crewmen afflicted with certain diseases. Sec. 254. Control of alien crewmen. Sec. 255. Employment on passenger vessels of aliens afflicted with certain disabilities. Sec. 256. Discharge of alien crewinen. Sec. 257. Bringing alien crewmen into United States with intent to evade immigration laws. CHAPTER 7-REGISTRATION OF ALIENS Sec. 261. Aliens seeking entry into the United States. Sec. 262. Registration of aliens in the United States. Sec. 263. Provisions governing registration of special groups. Sec. 265. Notices of change of address. Sec. 266. Penalties. CHAPTER 8-GENERAL PENALTY PROVISIONS Sec. 271. Prevention of unauthorized landing of aliens. Sec. 272. Bringing in alien subject to disability or afflicted with disease. Sec. 273. Unlawful bringing of aliens into United States. Sec. 274. Bringing in and harboring certain aliens. Sec. 275. Entry of alien at improper time or place; misrepresentation and concealment of facts. Sec. 276. Reentry of deported alien. Sec. 277. Aiding or assisting subversive alien to enter the United States. Sec. 278. Importation of alien for immoral purpose. Sec. 279. Jurisdiction of district courts. Sec. 280. Collection of penalties and expenses. CHAPTER 9-MISCELLANEOUS Sec. 281. Nonimmigrant visa fees. Sec. 282. Printing of reentry permits and blank forms of manifests and crew lists. Sec. 283. Travel expenses and expense of transporting remains of immigration officers and employees who die outside of the United States. Sec. 284. Members of the Armed Forces. Sec. 285. Disposal of privileges at immigrant stations. Sec. 286. Disposition of moneys collected under the provisions of this title. Sec. 287. Powers of immigration officers and employees. Sec. 288. Local jurisdiction over immigrant stations. Sec. 289. American Indians born in Canada. Sec. 290. Central file; information from other departments and agencies. Sec. 291. Burden of proof. Sec. 292. Right to counsel. TITLE III-NATIONALITY AND NATURALIZATION CHAPTER 1-NATIONALITY AT BIRTH AND BY COLLECTIVE Sec. 301. Nationals and citizens at birth. Sec. 302. Persons born in Puerto Rico. Sec. 303. Persons born in the Canal Zone. Sec. 304. Persons born in Alaska. Sec. 305. Persons born in Hawaii. Sec. 306. Persons living in and born in the Virgin Islands. Sec. 307. Persons living in and born in Guam. Sec. 308. Nationals but not citizens at birth. Sec. 309. Children born out of wedlock. CHAPTER 2-NATIONALITY THROUGH NATURALIZATION Sec. 310. Jurisdiction to naturalize. Sec. 311. Eligibility for naturalization. Sec. 312. Requirements as to understanding the English language, history, principles and form of government of the United States. Sec. 313. Prohibition upon the naturalization of persons opposed to government or law, or who favor totalitarian forms of government. Sec. 314. Ineligibility to naturalization of deserters from the Armed Forces of the United States. Sec. 315. Alien relieved from training and service in the Armed Forces of the United States because of alienage barred from citizenship. Sec. 316. Requirements as to residence, good moral character, attachment to the principles of the Constitution, and favorable disposition to the United States. Sec. 317. Temporary absence of persons performing religious duties. Sec. 318. Prerequisites to naturalization-burden of proof. Sec. 319. Married persons and employees of certain nonprofit organizations. Sec. 320. Children born outside of United States of one alien and one citizen parent. Sec. 321. Sec. 322. Children born outside of United States of alien parent. Sec. 323. Children adopted by United States citizens. Sec. 326. Resident Philippine citizens excepted from certain requirements. Sec. 327. Former United States citizens losing citizenship by entering the armed forces of foreign countries during World War II. Sec. 328. Naturalization through service in the Armed Forces of the United States. Sec. 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. Sec. 330. Constructive residence through service on certain Sec. 331. Alien enemies; naturalization under specified conditions and procedure. Sec. 332. Procedural and administrative provisions; executive functions. Sec. 333. Phot' graphs. Sec. 334. Petition for naturalization; declaration of intention. Sec. 335. Investigation of petitioners; preliminary examinations on petitions. Sec. 336. Final hearing in open court; examination of petitioner before the court. Sec. 337. Oath of renunciation and allegiance. Sec. 338. Certificate of naturalization; contents. Sec. 339. Functions and duties of clerks. Sec. 340. Revocation of naturalization. Sec. 341. Certificates of citizenship; procedure. Sec. 342. Cancellation of certificates not to affect citizenship status. Sec. 343. Documents and copies issued by the Attorney General. Sec. 344. Fiscal provisions. Sec. 345. Mail relating to naturalization transmitted free of postage and registered. Sec. 346. Publication and distribution of citizenship textbooks from naturalization fees. Sec. 347. Sec. 348. Compilation of naturalization statistics and payment for equipment. Admissibility in evidence of testimony as to statements voluntarily made to officers or employees in the course of their official duties. CHAPTER 3-LOSS OF NATIONALITY Sec. 349. Loss of nationality by native-born or naturalized citizen. Sec. 350. Dual nationals; divestiture of nationality. Sec. 351. Restrictions on expatriation. Sec. 352. Loss of nationality by naturalized national. Sec. 353. Section 352 not effective as to certain persons. Sec. 354. Section 352 (a) (2) not effective as to certain persons. Sec. 355. Loss of American nationality through parent's expatriation; not effective until person attains age of twentyfive years. Sec. 356. Nationality lost solely from performance of acts or fulfillment of conditions. Sec. 357. Application of treaties; exceptions. CHAPTER 4-MISCELLANEOUS Sec. 358. Certificate of diplomatic or consular officer as to loss of American nationality. Sec. 359. Certificate of nationality for a person not a naturalized citizen for use in proceedings of a foreign state. Sec. 360. Judicial proceedings for declaration of United States nationality in event of denial of rights and privileges as national. TITLE IV-MISCELLANEOUS Sec. 401. Joint Congressional Committee. Sec. 403. Laws repealed. Sec. 404. Authorization of appropriations. Sec. 405. Savings clauses. Sec. 406. Separability. Sec. 407. Effective date. TITLE I-GENERAL DEFINITIONS SECTION 101. (a) As used in this Act (1) The term "administrator" means the administrator of the Bureau of Security and Consular Affairs of the Department of State. (2) The term "advocates" includes, but is not limited to, advises, recommends, furthers by overt act, and admits belief in. (3) The term "alien" means any person not a citizen or national of the United States. (4) The term "application for admission" has reference to the application for admission into the United States and not to the application for the issuance of an immigrant or nonimmigrant visa. (5) The term "Attorney General" means the Attorney General of the United States. (6) The term "border crossing identification card" means a document of identity bearing that designation issued to an alien who is lawfully admitted for permanent residence, or to an alien who is a resident in foreign contiguous territory, by a consular officer or an immigration officer for the purpose of crossing over the borders between the United States and foreign contiguous territory in accordance with such conditions for its issuance and use as may be prescribed by regulations. (7) The term "clerk of court" means a clerk of a naturalization court. (8) The terms "Commissioner" and "Deputy Commissioner" mean the Commissioner of Immigration and Naturalization and a Deputy Commissioner of Immigration and Naturalization, respectively. (9) The term "consular officer" means any consular, diplomatic, or other officer of the United States designated under regulations prescribed under authority contained in this Act, for the purpose of issuing immigrant or nonimmigrant visas. In cases of aliens in the Canal Zone and the outlying possessions of the United States, the term "consular officer" means an officer designated by the Governor of the Canal Zone, or the governors of the outlying possessions, for the purpose of issuing immigrant or nonimmigrant visas under this Act. (10) The term "crewman" means a person serving in any capacity on board a vessel or aircraft. 8 U.S.C. 1101. (11) The term "diplomatic visa" means a nonimmigrant visa bearing that title and issued to a nonimmigrant in accordance with such regulations as the Secretary of State may prescribe. (12) The term "doctrine" includes, but is not limited to, policies, practices, purposes, aims, or procedures. (13) The term "entry" means any coming of an alien into the United States, from a foreign port or place or from an outlying possession, whether voluntarily or otherwise, except that an alien having a lawful permanent residence in the United States shall not be regarded as making an entry into the United States for the purposes of the immigration laws if the alien proves to the satisfaction of the Attorney General that his departure to a foreign port or place or to an outlying possession was not intended or reasonably to be expected by him or his presence in a foreign port or place or in an outlying possession was not voluntary: Provided, That no person whose departure from the United States was occasioned by deportation proceedings, extradition, or other legal process shall be held to be entitled to such exception. (14) The term "foreign state" includes outlying possessions of a foreign state, but self-governing dominions and territories under mandate or trusteeship shall be regarded as separate foreign states. (15) The term "immigrant" means every alien except an alien who is within one of the following classes of nonimmigrant aliens― 1 (A)(i) an ambassador, public minister, or career diplomatic or consular officer who has been accredited by a foreign government recognized de jure by the United States and who is accepted by the President or by the Secretary of State, and the members of the alien's immediate family; 2 (ii) upon a basis of reciprocity, other officials and employees who have been accredited by a foreign government recognized de jure by the United States, who are accepted by the Secretary of State, and the members of their immediate families; 2 and (iii) upon a basis of reciprocity, attendants, servants, personal employees, and members of their immediate families, of the officials and employees who have a nonimmigrant status under (i) and (ii) above; (B) an alien (other than one coming for the purpose of study or of performing skilled or unskilled labor or as a representative of foreign press, radio, film, or other foreign information media coming to engage in such vocation) having a residence in a foreign country which he has no intention of abandoning and who is visiting the United States temporarily for business or temporarily for pleasure; 1 See appendix for visa symbols applicable to specific classes of aliens. For provisions relating to change of status of certain foreign government officials, see note 9, pp. 82-83. |