8 U.S.C. 1154. citizens shall remain in that status notwithstanding the provisions of section 117 of this Act, unless they acquire a different immigrant status pursuant to a petition hereafter approved by the Attorney General."] (b) Quota immigrant visas issued pursuant to paragraph (1) of subsection (a) shall, in the case of each quota area, be issued to eligible quota immigrants in the order in which a petition on behalf of each such immigrant is filed with the Attorney General as provided in section 204; and shall be issued in the first calendar month after receipt of notice of approval of such petition in which a quota number is available for an immigrant chargeable to such quota area. (c) Quota immigrant visas issued to aliens in the classes designated in paragraphs (2), (3), and (4) of subsection (a) shall, in the case of each quota, be issued to qualified quota immigrants strictly in the chronological order in which such immigrants are registered in each class on quota waiting lists which shall be maintained for each quota in accordance with regulations prescribed by the Secretary of State. (d) In determining the order for consideration of applications for quota immigrant visas under subsection (a), consideration shall be given first to applications under paragraph (1), second to applications under paragraph (2), third to appropriations under paragraph (3), and fourth to applications under paragraph (4). (e) Every immigrant shall be presumed to be a quota immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and to the immigration officers, at the time of application for admission, that he is a nonquota immigrant. Every quota immigrant shall be presumed to be a nonpreference quota immigrant until he establishes to the satisfaction of the consular officer and the immigration officers that he is entitled to a preference quota status under paragraph (1), (2), or (3) of subsection (a) or to a preference under paragraph (4) of such subsection. PROCEDURE FOR GRANTING IMMIGRANT STATUS UNDER SEC TION 101 (a) (27) (F) (i) OR SECTION 203 (a) (1) (A) SEC. 204. (a) In the case of any alien claiming in his application for an immigrant visa to be entitled to an immigrant status under section 101 (a) (27) (F) (i) or section 203 (a) (1) (A), the consular officer shall not grant such status until he has been authorized to do so as provided in this section. (b) Any person, institution, firm, organization, or governmental agency desiring to have an alien classified as an immigrant under section 101 (a) (27) (F)(i) or sec 17 Cf. sec. 203 (a) (2). tion 203 (a) (1) (A) shall file a petition with the Attorney General for such classification of the alien. The petition. shall be in such form as the Attorney General may by regulations prescribe and shall state the basis for the need of the services of such alien and contain such additional information and be supported by such documentary evidence as may be required by the Attorney General. 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. (c) After an investigation of the facts in each case, and after consultation with appropriate agencies of the Government, the Attorney General shall, if he determines that the facts stated in the petition are true and that the alien in respect of whom the petition is made is eligible for an immigrant status under section 101 (a) (27) (F)(i) or section 203 (a) (1) (A), approve the petition and forward one copy thereof to the Department of State. The Secretary of State shall then authorize the consular officer concerned to grant such immigrant status. The Attorney General shall forward to the Congress a report on each approved petition for immigrant status under section 203 (a) (1) stating the basis for his approval and such facts as were by him deemed to be pertinent in establishing the beneficiary's qualifications for the preferential status and for the petitioner's urgent need for his services. Such reports shall be submitted to the Congress on the first and fifteenth day of each calendar month in which the Congress is in session.18 (d) Nothing in this section shall be construed to entitle an immigrant, in respect of whom a petition under this section is approved, to enter the United States as an immigrant under section 101 (a) (27) (F) (i) or section 203 (a)(1)(A) if upon his arrival at a port of entry in the United States he is found not to be entitled to such classification. PROCEDURE FOR GRANTING NONQUOTA STATUS OR PREFERENCE SEC. 205. (a) In the case of any alien claiming in his 8 U.S.C. 1155. application for an immigrant visa to be entitled to a nonquota immigrant status under section 101(a)(27) (A), or to a quota immigrant status under section 203 (a) (2) or 203(a) (3), or to a preference under section 203 (a) (4), the consular officer shall not grant such status or preference until he has been authorized to do so as provided in this section. (b) Any citizen of the United States claiming that any immigrant is his spouse or child and that such im 18 Last sentence added by sec. 3 of the Act of October 24, 1962 (76 Stat. 1247). migrant is entitled to a nonquota immigrant status under section 101 (a) (27) (A), or any citizen of the United States claiming that any immigrant is his parent or unmarried son or unmarried daughter and that such immigrant is entitled to a quota immigrant status under section 203 (a) (2), or any alien lawfully admitted for permanent residence claiming that any immigrant is his spouse or his unmarried son or his unmarried daughter and that such immigrant is entitled to a quota immigrant status under section 203 (a) (3), or any citizen of the United States claiming that any immigrant is his brother or sister or his married son or his married daughter and that such immigrant is entitled to a preference under section 203 (a) (4) may file a petition with the Attorney General. No petition for quota immigrant status or a preference in behalf of a son or daughter under paragraph (2), (3), or (4) of section 203 (a) of the Immigration and Nationality Act shall be approved by the Attorney General unless the petitioner establishes that he is a parent as defined in section 101(b) (2) of the Immigration and Nationality Act of the alien in respect to whom the petition is made, except that no such petition shall be approved if the beneficiary thereof is an alien defined in section 101 (b) (1) (F). No petition for nonquota immigrant status in behalf of a child as defined in section 101(b) (1) (F) shall be approved by the Attorney General unless the petitioner establishes to the satisfaction of the Attorney General that the petitioner and spouse will care for such child properly if he is admitted to the United States, and (i) in the case of a child adopted abroad, that the petitioner and spouse personally saw and observed the child prior to or during the adoption proceedings, and (ii) in the case of a child coming to the United States for adoption, that the petitioner and spouse have complied with the preadoption requirements, if any, of the State of such child's proposed residence. The petition shall be in such form and shall contain such information and be supported by such documentary evidence as the Attorney General may by regulations prescribe. 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 an immigration officer or a consular officer.19 (c) After an investigation of the facts in each case the Attorney General shall, if he determines the facts stated in the petition are true and that the alien in respect of whom the petition is made is eligible for a nonquota immigrant status under section 101 (a) (27) (A), or for a quota immigrant status under section 203 19 As amended by sec. 5 (a) and (b) of the Act of September 22, 1959 (73 Stat. 645), and sec. 3 (a) and (b) and sec. 10 of the Act of September 26, 1961 (75 Stat. 650–651, 654). (a) (2) or 203 (a) (3), or for a preference under section 203 (a) (4), approve the petition and forward one copy thereof to the Department of State. Not more than two such petitions may be approved for one petitioner in behalf of a child as defined in section 101(b)(1) (E) or (F), unless necessary to prevent the separation of brothers and sisters. The Secretary of State shall then authorize the consular officer concerned to grant the nonquota immigrant status, quota immigrant status, or preference, as the case may be. Notwithstanding the provisions of this subsection, no petition shall be approved if the alien previously has been accorded, by reason of marriage determined by the Attorney General to have been entered into for the purpose of evading the immigration laws (1) a nonquota status under section 101(a) (27) (A) as the spouse of a citizen of the United States, or (2) a preference quota status under section 203 (a) (3) as the spouse of an alien lawfully admitted for permanent residence. (d) Nothing in this section shall be construed to entitle an immigrant, in respect of whom a petition under this section is approved, to enter the United States as a nonquota immigrant under section 101 (a) (27) (A) if upon his arrival at a port of entry in the United States he is found not to be entitled to such classification, or to enter the United States as a quota immigrant under section 203 (a) (2) or 203 (a) (3) if upon his arrival at a port of entry in the United States he is found not to be entitled to such classification, or to enter the United States as a preference quota immigrant under section 203 (a) (4) if upon his arrival at a port of entry in the United States he is found not to be entitled to such preference. REVOCATION OF APPROVAL OF PETITIONS SEC. 206. The Attorney General may, at any time, for 8 U.S.C. 1156. what he deems to be good and sufficient cause, revoke the approval of any petition approved by him under section 204, section 205, or section 214 (c) of this title. Such revocation shall be effective as of the date of approval of any such petition. In no case, however, shall such revocation have effect unless there is mailed to the petitioner's last known address a notice of the revocation and unless notice of the revocation is communicated through the Secretary of State to the beneficiary of the petition before such beneficiary commences his journey to the United States. If notice of revocation is not so given, 8 U.S.C. 1157. 8 U.S.C. 1181. 50 U.S.C. 403h 5 U.S.C. 2301, note. and the beneficiary applies for admission to the United States, his admissibility shall be determined in the manner provided for by sections 235 and 236. UNUSED QUOTA IMMIGRANT VISAS SEC. 207. If a quota immigrant having an immigrant visa is excluded from admission to the United States and deported, or does not apply for admission to the United States before the expiration of the validity of the immigrant visa, or if an alien having an immigrant visa issued to him as a quota immigrant is found not to be a quota immigrant, no immigrant visa shall be issued in lieu thereof to any other immigrant. CHAPTER 2-QUALIFICATIONS FOR ADMISSION OF ALIENS; DOCUMENTARY REQUIREMENTS SEC. 211. (a) No immigrant shall be admitted into the United States unless at the time of application for admission he (1) has a valid unexpired immigrant visa or was born subsequent to the issuance of such immigrant visa of the accompanying parent, (2) is properly chargeable to the quota specified in the immigrant visa, (3) is a nonquota immigrant if specified as such in the immigrant visa, (4) is of the proper status under the quota specified in the immigrant visa, and (5) is otherwise admissible under this Act.20 (b) Notwithstanding the provisions of section 212(a) (20) of this Act, in such cases or in such classes of cases and under such conditions as may be by regulations prescribed, otherwise admissible aliens lawfully admitted for permanent residence who depart from the United States temporarily may be readmitted to the United States by the Attorney General in his discretion without being required to obtain a passport, immigrant visa, reentry permit or other documentation. (c) The Attorney General may in his discretion, subject to subsection (d), admit to the United States any otherwise admissible immigrant not admissible under clause (2), (3), or (4) of subsection (a), if satisfied that 20 Sec. 7 of the Act of June 20, 1949 (63 Stat. 208), as amended [Administration of the Central Intelligence Agency], provides as follows: "SEC. 7. Whenever the Director [of the Central Intelligence Agency], the Attorney General, and the Commissioner of Immigration [and Naturalization] shall determine that the entry of a particular alien into the United States for permanent residence is in the interest of national security or essential to the furtherance of the national intelligence mission, such alien and his immediate family shall be given entry into the United States for permanent residence without regard to their inadmissibility under the Immigration or any other laws and regulations, or to the failure to comply with such laws and regulations pertaining to admissibility: Provided, That the number of aliens and members of their immediate families entering the United States under the authority of this section shall in no case exceed one hundred persons in any one fiscal year.' Prior designation of this section was "Sec. 8." Renumbering occurred pursuant to sec. 21(b) (2) of the Act of July 7, 1958 (72 Stat. 327). |