"(b) REPORT TO CONGRESS.-Not later than April 1, 1996, the Commissioner of Immigration and Naturalization and the Secretary of Labor shall prepare and submit to the Congress a report on "(1) whether the program of work authorization under subsection (a) should be extended, and "(2) the impact of such program on prevailing wages of workers." LIMITATION ON ADMISSION OF ALIENS SEEKING EMPLOYMENT IN THE VIRGIN ISLANDS Notwithstanding any other provision of law, the Attorney General not to be authorized, on or after Sept. 30, 1982, to approve any petition filed under subsec. (c) of this section in the case of importing any alien as a nonimmigrant under section 1101(a)(15)(H)(ii) of this title for employment in the Virgin Islands of the United States other than as an entertainer or as an athlete and for a period not exceeding 45 days, see section 3 of Pub. L. 97-271, set out as a note under section 1255 of this title. IMPORTATION OF SHEEPHERDERS; TERMINATION OF Quota deductions authorized by acts June 30, 1950, ch. 423, 64 Stat. 306; Apr. 9, 1952, ch. 171, 66 Stat. 50, terminated effective July 1, 1957. CANCELLATION OF CERTAIN NONIMMIGRANT DEPARTURE BONDS Pub. L. 85-531, July 18, 1958, 72 Stat. 375, authorized the Attorney General, upon application made not later than July 18, 1963, to cancel any departure bond posted pursuant to the Immigration Act of 1924, as amended, or the Immigration and Nationality Act [this chapter], on behalf of any refugee who entered the United States as a nonimmigrant after May 6, 1945, and prior to July 1, 1953, and who had his immigration status adjusted to that of an alien admitted for permanent residence pursuant to any public or private law. Bonds CROSS REFERENCES Bond or undertaking as prerequisite to admission of aliens likely to become public charges or with certain disabilities, see section 1183 of this title. Bond or undertaking as prerequisite to issuance of visas to aliens with certain physical disabilities or likely to become public charges, see section 1201 of this title. Exaction from excludable aliens applying for temporary admission, see section 1182 of this title. Forms to be prescribed by Attorney General, see section 1103 of this title. Definition of alien, Attorney General, consular officer, immigrant, immigrant visa, immigration officer, nonimmigrant alien, and United States, see section 1101 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1101, 1182, 1186, 1186a, 1201, 1255 of this title, title 26 section 3306; title 29 section 1802. § 1184a. Philippine Traders as nonimmigrants Upon a basis of reciprocity secured by agreement entered into by the President of the United States and the President of the Philippines, a national of the Philippines, and the spouse and children of any such national if accompanying or following to join him, may, if otherwise eligible for a visa and if otherwise admissible into the United States under this chapter, be considered to be classifiable as a nonimmigrant under section 1101(a)(15)(E) of this title if entering solely for the purposes speci fied in clause (i) or (ii) of said section 1101(a)(15)(E). (June 18, 1954, ch. 323, 68 Stat. 264.) CODIFICATION Section was not enacted as a part of the Immigration and Nationality Act which comprises this chapter. § 1185. Travel control of citizens and aliens (a) Restrictions and prohibitions Unless otherwise ordered by the President, it shall be unlawful (1) for any alien to depart from or enter or attempt to depart from or enter the United States except under such reasonable rules, regulations, and orders, and subject to such limitations and exceptions as the President may prescribe; (2) for any person to transport or attempt to transport from or into the United States another person with knowledge or reasonable cause to believe that the departure or entry of such other person is forbidden by this section; (3) for any person knowingly to make any false statement in an application for permission to depart from or enter the United States with intent to induce or secure the granting of such permission either for himself or for another; (4) for any person knowingly to furnish or attempt to furnish or assist in furnishing to another a permit or evidence of permission to depart or enter not issued and designed for such other person's use; (5) for any person knowingly to use or attempt to use any permit or evidence of permission to depart or enter not issued and designed for his use; (6) for any person to forge, counterfeit, mutilate, or alter, or cause or procure to be forged, counterfeited, mutilated, or altered, any permit or evidence of permission to depart from or enter the United States; (7) for any person knowingly to use or attempt to use or furnish to another for use any false, forged, counterfeited, mutilated, or altered permit, or evidence of permission, or any permit or evidence of permission which, though originally valid, has become or been made void or invalid. (b) Citizens Except as otherwise provided by the President and subject to such limitations and exceptions as the President may authorize and prescribe, it shall be unlawful for any citizen of the United States to depart from or enter, or attempt to depart from or enter, the United States unless he bears a valid United States passport. (c) Definitions The term "United States" as used in this section includes the Canal Zone, and all territory and waters, continental or insular, subject to the jurisdiction of the United States. The term "person" as used in this section shall be deemed to mean any individual, partnership, associa tion, company, or other incorporated body of Nothing in this section shall be construed to entitle an alien to whom a permit to enter the United States has been issued to enter the United States, if, upon arrival in the United States, he is found to be inadmissible under any of the provisions of this chapter, or any other law, relative to the entry of aliens into the United States. (e) Revocation of proclamation as affecting penalties Passports, visas, reentry permits, and other documents required for entry under this chapter may be considered as permits to enter for the purposes of this section. (June 27, 1952, ch. 477, title II, ch. 2, § 215, 66 Stat. 190; Oct. 7, 1978, Pub. L. 95-426, title VII, § 707(a)-(d), 92 Stat. 992, 993; Oct. 25, 1994, Pub. L. 103-416, title II, § 204(a), 108 Stat 4311.) REFERENCES IN TEXT For definition of Canal Zone, referred to in subsec. (c), see section 3602(b) of Title 22, Foreign Relations and Intercourse. AMENDMENTS 1994-Subsec. (b). Pub. L. 103-416 inserted "United States" after "valid". 1978-Subsec. (a). Pub. L. 95-426, § 707(a), substituted provision that the enumerated acts would, unless otherwise ordered by the President, be deemed unlawful for provisions declaring it unlawful when the United States is at war or during a proclaimed national emergency, or, as to aliens, when there exists a state of war between two or more states and the President finds that the interests of the United States require restrictions to be imposed upon departure of persons from and their entry into the United States. Subsec. (b). Pub. L. 95-426, § 707(b), substituted provisions prohibiting departure or entry except as otherwise provided by the President and subject to such limitations and exceptions as he may authorize or prescribe, for provisions prohibiting such departure or entry after proclamation of a national emergency has been made, published and in force. Subsec. (c). Pub. L. 95-426, § 707(d), redesignated subsec. (d) as (c). Former subsec. (c), which provided for penalties for violation of this section, was struck out. Subsecs. (f), (g). Pub. L. 95-426, § 707(d), redesignated subsec. (g) as (f). Former (f) redesignated (e). EFFECTIVE DATE OF 1994 AMENDMENT Section 204(b) of Pub. L. 103-416 provided that: "The amendment made by subsection (a) [amending this section] shall apply to departures and entries (and attempts thereof) occurring on or after the date of enactment of this Act [Oct. 25, 1994)." Ex. ORD. No. 12172. DELEGATION OF AUTHORITY OF Ex. Ord. No. 12172, Nov. 26, 1979, 44 F.R. 67947, as amended by Ex. Ord. No. 12206, Apr. 7, 1980, 45 F.R. 24101, provided: By virtue of the authority vested in me as President by the Constitution and laws of the United States, including the Immigration and Nationality Act, as amended [this chapter], 8 USC 1185 and 3 USC 301, it is hereby ordered as follows: Section 1-101. Delegation of Authority. The Secretary of State and the Attorney General are hereby designated and empowered to exercise in respect of Iranians the authority conferred upon the President by section 215(a)(1) of the Act of June 27, 1952 (8 USC 1185), to prescribe limitations and exceptions on the rules and regulations governing the entry of aliens into the United States. Section 1-102. Effective Date. This order is effective immediately. CROSS REFERENCES JIMMY CARTER. Counterfeiting and forgery, see section 471 et seq. of Definition of alien, entry, passport, person, State, Fines, penalties and forfeitures, see section 2461 et 18. Repeal of statutes as affecting existing liabilities, see section 109 of Title 1, General Provisions. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1251 of this title. § 1186. Transferred Section, act June 27, 1952, ch. 477, title II, ch. 2, § 216, as added Nov. 6, 1986, Pub. L. 99-603, title III, § 301(c), 100 Stat. 3411, which related to admission of temporary H-2A workers, was renumbered § 218 by Pub. L. 100-525, § 2(1)(2), Oct. 24, 1988, 102 Stat. 2612, and transferred to section 1188 of this title. § 1186a. Conditional permanent resident status for (1) Conditional basis for status Notwithstanding any other provision of this chapter, an alien spouse (as defined in subsection (g)(1) of this section) and an alien son or daughter (as defined in subsection (g)(2) of this section) shall be considered, at the time of obtaining the status of an alien lawfully admitted for permanent residence, to have obtained such status on a conditional basis subject to the provisions of this section. (2) Notice of requirements (A) At time of obtaining permanent residence At the time an alien spouse or alien son or daughter obtains permanent resident status on a conditional basis under paragraph (1), the Attorney General shall provide for notice to such a spouse, son, or daughter re specting the provisions of this section and the requirements of subsection (c)(1) of this section to have the conditional basis of such status removed. (B) At time of required petition In addition, the Attorney General shall attempt to provide notice to such a spouse, son, or daughter, at or about the beginning of the 90-day period described in subsection (d)(2)(A) of this section, of the requirements of subsections (c)(1) of this section. (C) Effect of failure to provide notice 1 The failure of the Attorney General to provide notice under this paragraph shall not affect the enforcement of the provisions of this section with respect to such a spouse, son, or daughter. (b) Termination of status if finding that qualifying marriage improper (1) In general In the case of an alien with permanent resident status on a conditional basis under subsection (a) of this section, if the Attorney General determines, before the second anniversary of the alien's obtaining the status of lawful admission for permanent residence, that (A) the qualifying marriage (i) was entered into for the purpose of procuring an alien's entry as an immigrant, or (ii) has been judicially annulled or terminated, other than through the death of a spouse; or (B) a fee or other consideration was given (other than a fee or other consideration to an attorney for assistance in preparation of a lawful petition) for the filing of a petition under section 1154(a) or 1184(d) of this title with respect to the alien; the Attorney General shall so notify the parties involved and, subject to paragraph (2), shall terminate the permanent resident status of the alien (or aliens) involved as of the date of the determination. (2) Hearing in deportation proceeding Any alien whose permanent resident status is terminated under paragraph (1) may request a review of such determination in a proceeding to deport the alien. In such proceeding, the burden of proof shall be on the Attorney General to establish, by a preponderance of the evidence, that a condition described in paragraph (1) is met. (c) Requirements of timely petition and interview for removal of condition (1) In general In order for the conditional basis established under subsection (a) of this section for an alien spouse or an alien son or daughter to be removed (A) the alien spouse and the petitioning spouse (if not deceased) jointly must submit to the Attorney General, during the period 'So in original. Probably should be "subsection". described in subsection (d)(2) of this section, a petition which requests the removal of such conditional basis and which states, under penalty of perjury, the facts and information described in subsection (d)(1) of this section, and (B) in accordance with subsection (d)(3) of this section, the alien spouse and the petitioning spouse (if not deceased) must appear for a personal interview before an officer or employee of the Service respecting the facts and information described in subsection (d)(1) of this section. (2) Termination of permanent resident status for failure to file petition or have personal interview (A) In general In the case of an alien with permanent resident status on a conditional basis under subsection (a) of this section, if— (i) no petition is filed with respect to the alien in accordance with the provisions of paragraph (1)(A), or (ii) unless there is good cause shown, the alien spouse and petitioning spouse fail to appear at the interview described in paragraph (1)(B), the Attorney General shall terminate the permanent resident status of the alien as of the second anniversary of the alien's lawful admission for permanent residence. (B) Hearing in deportation proceeding In any deportation proceeding with respect to an alien whose permanent resident status is terminated under subparagraph (A), the burden of proof shall be on the alien to establish compliance with the conditions of paragraphs (1)(A) and (1)(B). (3) Determination after petition and interview (A) In general If (i) a petition is filed in accordance with the provisions of paragraph (1)(A), and (ii) the alien spouse and petitioning spouse appear at the interview described in paragraph (1)(B), the Attorney General shall make a determination, within 90 days of the date of the interview, as to whether the facts and information described in subsection (d)(1) of this section and alleged in the petition are true with respect to the qualifying marriage. (B) Removal of conditional basis if favorable determination If the Attorney General determines that such facts and information are true, the Attorney General shall so notify the parties involved and shall remove the conditional basis of the parties effective as of the second anniversary of the alien's obtaining the status of lawful admission for permanent residence. (C) Termination if adverse determination If the Attorney General determines that such facts and information are not true, the Attorney General shall so notify the parties (D) Hearing in deportation proceeding Any alien whose permanent resident status is terminated under subparagraph (C) may request a review of such determination in a proceeding to deport the alien. In such proceeding, the burden of proof shall be on the Attorney General to establish, by a preponderance of the evidence, that the facts and information described in subsection (d)(1) of this section and alleged in the petition are not true with respect to the qualifying marriage. (4) Hardship waiver The Attorney General, in the Attorney General's discretion, may remove the conditional basis of the permanent resident status for an alien who fails to meet the requirements of paragraph (1) if the alien demonstrates that (A) extreme hardship would result if such alien is deported, (B) the qualifying marriage was entered into in good faith by the alien spouse, but the qualifying marriage has been terminated (other than through the death of the spouse) and the alien was not at fault in failing to meet the requirements of paragraph (1), or (C) the qualifying marriage was entered into in good faith by the alien spouse and during the marriage the alien spouse or child was battered by or was the subject of extreme cruelty perpetrated by his or her spouse or citizen or permanent resident parent and the alien was not at fault in failing to meet the requirements of paragraph (1). In determining extreme hardship, the Attorney General shall consider circumstances occurring only during the period that the alien was admitted for permanent residence on a conditional basis. In acting on applications under this paragraph, the Attorney General shall consider any credible evidence relevant to the application. The determination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of the Attorney General. The Attorney General shall, by regulation, establish measures to protect the confidentiality of information concerning any abused alien spouse or child, including information regarding the whereabouts of such spouse or child. (d) Details of petition and interview (1) Contents of petition Each petition under subsection (c)(1)(A) of this section shall contain the following facts and information: (A) Statement of proper marriage and petitioning process The facts are that (i) the qualifying marriage— (I) was entered into in accordance with the laws of the place where the marriage took place, (II) has not been judicially annulled or terminated, other than through the death of a spouse, and (III) was not entered into for the purpose of procuring an alien's entry as an immigrant; and (ii) no fee or other consideration was given (other than a fee or other consideration to an attorney for assistance in preparation of a lawful petition) for the filing of a petition under section 1154(a) or 1184(d) of this title with respect to the alien spouse or alien son or daughter. (B) Statement of additional information The information is a statement of (i) the actual residence of each party to the qualifying marriage since the date the alien spouse obtained permanent resident status on a conditional basis under subsection (a) of this section, and (ii) the place of employment (if any) of each such party since such date, and the name of the employer of such party. (2) Period for filing petition (A) 90-day period before second anniversary Except as provided in subparagraph (B), the petition under subsection (c)(1)(A) of this section must be filed during the 90-day period before the second anniversary of the alien's obtaining the status of lawful admission for permanent residence. (B) Date petitions for good cause Such a petition may be considered if filed after such date, but only if the alien establishes to the satisfaction of the Attorney General good cause and extenuating circumstances for failure to file the petition during the period described in subparagraph (A). (C) Filing of petitions during deportation In the case of an alien who is the subject of deportation hearings as a result of failure to file a petition on a timely basis in accordance with subparagraph (A), the Attorney General may stay such deportation proceedings against an alien pending the filing of the petition under subparagraph (B). (3) Personal interview The interview under subsection (c)(1)(B) of this section shall be conducted within 90 days after the date of submitting a petition under subsection (c)(1)(A) of this section and at a local office of the Service, designated by the Attorney General, which is convenient to the parties involved. The Attorney General, in the Attorney General's discretion, may waive the deadline for such an interview or the requirement for such an interview in such cases as may be appropriate. (e) Treatment of period for purposes of naturalization For purposes of subchapter III of this chapter, in the case of an alien who is in the United States as a lawful permanent resident on a conditional basis under this section, the alien shall be considered to have been admitted as an alien lawfully admitted for permanent residence and to be in the United States as an alien lawfully admitted to the United States for permanent residence. (f) Treatment of certain waivers In the case of an alien who has permanent residence status on a conditional basis under this section, if, in order to obtain such status, the alien obtained a waiver under subsection (h) or (i) of section 1182 of this title of certain grounds of exclusion, such waiver terminates upon the termination of such permanent residence status under this section. (g) Definitions In this section: (1) The term "alien spouse" means an alien who obtains the status of an alien lawfully admitted for permanent residence (whether on a conditional basis or otherwise)— (A) as an immediate relative (described in section 1151(b) of this title) as the spouse of a citizen of the United States, (B) under section 1184(d) of this title as the fiancee or fiance of a citizen of the United States, or (C) under section 1153(a)(2) of this title as the spouse of an alien lawfully admitted for permanent residence, by virtue of a marriage which was entered into less than 24 months before the date the alien obtains such status by virtue of such marriage, but does not include such an alien who only obtains such status as a result of section 1153(d) of this title. (2) The term "alien son or daughter" means an alien who obtains the status of an alien lawfully admitted for permanent residence (whether on a conditional basis or otherwise) by virtue of being the son or daughter of an individual through a qualifying marriage. (3) The term "qualifying marriage" means the marriage described to in paragraph (1). (4) The term "petitioning spouse" means the spouse of a qualifying marriage, other than the alien. (June 27, 1952, ch. 477, title II, ch. 2, § 216, as added Nov. 10, 1986, Pub. L. 99-639, § 2(a), 100 Stat. 3537; amended Oct. 24, 1988, Pub. L. 100-525, § 7(a), 102 Stat. 2616; Nov. 29, 1990, Pub. L. 101-649, title VII, § 701(a), 104 Stat. 5085; Dec. 12, 1991, Pub. L. 102-232, title III, § 302(e)(8)(B), 105 Stat. 1746; Sept. 13, 1994, Pub. L. 103-322, title IV, § 40702(a), 108 Stat. 1955.) paragraph, the Attorney General shall consider any credible evidence relevant to the application. The determination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of the Attorney General." 1991-Subsec. (g)(1). Pub. L. 102-232 substituted "section 1153(d)" for "section 1153(a)(8)" in closing provisions. 1990-Subsec. (c)(4). Pub. L. 101-649 struck out "or" at end of subpar. (A), struck out "by the alien spouse for good cause" after “death of the spouse)" and substituted ", or" for period at end of subpar. (B), added subpar. (C), and inserted at end "The Attorney General shall, by regulation, establish measures to protect the confidentiality of information concerning any abused alien spouse or child, including information regarding the whereabouts of such spouse or child." 1988-Pub. L. 100-525, §7(a)(1), made technical amendment to directory language of Pub. L. 99-639, § 2(a), which enacted this section. Subsec. (c)(3)(A). Pub. L. 100-525, § 7(a)(2), substituted "90 days" for "90-days". EFFECTIVE DATE of 1994 AMENDMENT Section 40702(b) of Pub. L. 103-322 provided that: "The amendment made by subsection (a) [amending this section] shall take effect on the date of enactment of this Act [Sept. 13, 1994] and shall apply to applications made before, on, or after such date." EFFECTIVE DATE OF 1991 AMENDMENT Section 302(e)(8) of Pub. L. 102-232 provided that the amendment made by that section is effective as if included in section 162(e) of the Immigration Act of 1990, Pub. L. 101-649. EFFECTIVE Date of 1990 AMENDMENT Section 701(b) of Pub. L. 101-649 provided that: "The amendments made by subsection (a) [amending this section] shall apply with respect to marriages entered into before, on, or after the date of the enactment of this Act (Nov. 29, 1990]." EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-525 effective as if included in enactment of Immigration Marriage Fraud Amendments of 1986, Pub. L. 99-639, see section 7(d) of Pub. L. 100-525, set out as a note under section 1182 of this title. (1) Conditional basis for status Notwithstanding any other provision of this chapter, an alien entrepreneur (as defined in subsection (f)(1) of this section), alien spouse, and alien child (as defined in subsection (f)(2) of this section) shall be considered, at the time of obtaining the status of an alien lawfully admitted for permanent residence, to have obtained such status on a conditional basis subject to the provisions of this section. (2) Notice of requirements (A) At time of obtaining permanent residence At the time an alien entrepreneur, alien spouse, or alien child obtains permanent resident status on a conditional basis under |