(3) The term "person" means an individual or an organization.

(4) The term "special inquiry officer" means any immigration officer who the Attorney General deems specially qualified to conduct specified classes of proceedings, in whole or in part, required by this chapter to be conducted by or before a special inquiry officer and who is designated and selected by the Attorney General, individually or by regulation, to conduct such proceedings. Such special inquiry officer shall be subject to such supervision and shall perform such duties, not inconsistent with this chapter, as the Attorney General shall prescribe.

(5) The term "adjacent islands" includes Saint Pierre, Miquelon, Cuba, the Dominican Republic, Haiti, Bermuda, the Bahamas, Barbados, Jamaica, the Windward and Leeward Islands, Trinidad, Martinique, and other British, French, and Netherlands territory or possessions in or bordering on the Caribbean Sea.

(c) As used in subchapter III of this chapter(1) The term "child" means an unmarried person under twenty-one years of age and includes a child legitimated under the law of the child's residence or domicile, or under the law of the father's residence or domicile, whether in the United States or elsewhere, and, except as otherwise provided in sections 1431, 1432, and 1433 of this title, a child adopted in the United States, if such legitimation or adoption takes place before the child reaches the age of sixteen years, and the child is in the legal custody of the legitimating or adopting parent or parents at the time of such legitimation or adoption.

(2) The terms "parent", "father", and "mother" include in the case of a posthumous child a deceased parent, father, and mother.

(d) Repealed. Pub. L. 100-525, § 9(a)(3), Oct. 24, 1988, 102 Stat. 2619.

(e) For the purposes of this chapter(1) The giving, loaning, or promising of support or of money or any other thing of value to be used for advocating any doctrine shall constitute the advocating of such doctrine; but nothing in this paragraph shall be construed as an exclusive definition of advocating.

(2) The giving, loaning, or promising of support or of money or any other thing of value for any purpose to any organization shall be presumed to constitute affiliation therewith; but nothing in this paragraph shall be construed as an exclusive definition of affiliation.

(3) Advocating the economic, international, and governmental doctrines of world communism means advocating the establishment of a totalitarian Communist dictatorship in any or all of the countries of the world through the medium of an internationally coordinated Communist movement.

(f) For the purposes of this chapter

No person shall be regarded as, or found to be, a person of good moral character who, during the period for which good moral character is required to be established is, or was— (1) a habitual drunkard;

(2) Repealed. Pub. L. 97-116, § 2(c)(1), Dec. 29, 1981, 95 Stat. 1611.

(3) a member of one or more of the classes of persons, whether excludable or not, described in paragraphs (2)(D), (6)(E), and (9)(A) of section 1182(a) of this title; or subparagraphs (A) and (B) of section 1182(a)(2) of this title and subparagraph (C) thereof of such section (except as such paragraph relates to a single offense of simple possession of 30 grams or less of marihuana), if the offense described therein, for which such person was convicted or of which he admits the commission, was committed during such period;

(4) one whose income is derived principally from illegal gambling activities;

(5) one who has been convicted of two or more gambling offenses committed during such period;

(6) one who has given false testimony for the purpose of obtaining any benefits under this chapter;

(7) one who during such period has been confined, as a result of conviction, to a penal institution for an aggregate period of one hundred and eighty days or more, regardless of whether the offense, or offenses, for which he has been confined were committed within or without such period;

(8) one who at any time has been convicted of an aggravated felony (as defined in subsection (a)(43) of this section).

The fact that any person is not within any of the foregoing classes shall not preclude a find

* So in original. The phrase "of such section" probably should not appear.

Subsec. (a)(43). Pub. L. 103-416, § 222(a), amended par. (43) generally. Prior to amendment, par. (43) read as follows: "The term 'aggravated felony' means murder, any illicit trafficking in any controlled substance (as defined in section 802 of title 21), including any drug trafficking crime as defined in section 924(c)(2) of title 18, or any illicit trafficking in any firearms or destructive devices as defined in section 921 of such title, any offense described in section 1956 of title 18 (relating to laundering of monetary instruments), or any crime of violence (as defined in section 16 of title 18, not including a purely political offense) for which the term of imprisonment imposed (regardless of any suspension of such imprisonment) is at least 5 years, or any attempt or conspiracy to commit any such act. Such term applies to offenses described in the previous sentence whether in violation of Federal or State law and also applies to offenses described in the previous sentence in violation of foreign law for which the term of imprisonment was completed within the previous 15 years."

1991-Subsec. (a)(15)(D)(i). Pub. L. 102-232, § 309(b)(1), inserted a comma after “States)". Subsec.

(a)(15)(H)(i)(b). Pub. L. 102-232, § 303(a)(7)(A), struck out ", and had approved by," after "has filed with".

Pub. L. 102-232, § 303(a)(5)(A), inserted "subject to section 1182(j)(2) of this title," after "or (b)”.

Pub. L. 102-232, § 207(b), inserted "or as a fashion model" after "section 1184(i)(1) of this title" and "or, in the case of a fashion model, is of distinguished merit and ability" after "section 1184(i)(2) of this title".

Subsec. (a)(15)(O)(i). Pub. L. 102-232, § 205(b), struck out before semicolon at end ", but only if the Attorney General determines that the alien's entry into the United States will substantially benefit prospectively the United States".

Subsec. (a)(15)(O)(ii)(III)(b). Pub. L. 102-232, § 205(c), substituted "significant production (including pre- and post-production work)" for "significant principal photography".

Subsec. (a)(15)(P)(i). Pub. L. 102-232, § 203(a), amended cl. (i) generally. Prior to amendment, cl. (i) read as follows:

"(I) performs as an athlete, individually or as part of a group or team, at an internationally recognized level of performance, or performs as part of an entertainment group that has been recognized internationally as being outstanding in the discipline for a sustained and substantial period of time and has had a sustained and substantial relationship with that group over a period of at least 1 year and provides functions integral to the performance of the group, and

"(II) seeks to enter the United States temporarily and solely for the purpose of performing as such an athlete or entertainer with respect to a specific athletic competition or performance;".

Subsec. (a)(15)(P)(ii)(II). Pub. L. 102-232, § 206(b), (c)(1), inserted "or organizations" after "and an organization" and struck out before semicolon at end “, between the United States and the foreign states involved".

Subsec. (a)(15)(P)(iii)(II). Pub. L. 102–232, § 206(d), substituted "to perform, teach, or coach" for "for the purpose of performing" and inserted "commercial or noncommercial" before "program".

Subsec. (a)(15)(Q). Pub. L. 102–232, § 303(a)(14), substituted "approved" for "designated".

Subsec. (a)(24). Pub. L. 102-232, § 305(m)(1), struck out par. (24) which defined “naturalization court". Subsec. (a)(27)(1)(ii)(II), (iii)(II). Pub. L. 102-232, § 302(e)(8)(A), substituted "files a petition for status" for "applies for a visa or adjustment of status".

Subsec. (a)(27)(K). Pub. L. 102-110 added subpar. (K).

Subsec. (a)(43). Pub. L. 102-232, § 306(a)(1), struck out comma before period at end of first sentence.

Subsec. (a)(46). Pub. L. 102-232, § 205(a), added par. (46).

Subsec. (c)(1). Pub. L. 102–232, § 309(b)(4), struck out reference to section 1434.

1990-Subsec. (a)(15)(D)(i). Pub. L. 101-649, § 203(c), substituted "a capacity" for "any capacity" and inserted", as defined in section 1288(a) of this title" after "on board a vessel".

Subsec. (a)(15)(E)(i). Pub. L. 101-649, § 204(a), inserted", including trade in services or trade in technology" after "substantial trade".

Subsec. (a)(15)(H). Pub. L. 101-649, § 205(e)(1), struck out "having a residence in a foreign country which he has no intention of abandoning" after "an alien".

Subsec. (a)(15)(H)(i)(a). Pub. L. 101-649, § 162(f)(2)(A), substituted "for each facility (which facility shall include the petitioner and each worksite, other than a private household worksite, if the worksite is not the alien's employer or controlled by the employer) for which the alien will perform the services, or" for "for the facility for which the alien will perform the services, or".

Subsec. (a)(15)(H)(i)(b). Pub. L. 101-649, § 205(c)(1), substituted "who is coming temporarily to the United States to perform services (other than services described in subclause (a) during the period in which such subclause applies and other than services described in subclause (ii)(a) or in subparagraph (0) or (P)) in a specialty occupation described in section 1184(1)(1) of this title, who meets the requirements for the occupation specified in section 1184(i)(2) of this title, and with respect to whom the Secretary of Labor determines and certifies to the Attorney General that the intending employer has filed with, and had approved by, the Secretary an application under section 1182(n)(1) of this title" for "who is of distinguished merit and ability and who is coming temporarily to the United States to perform services (other than services as a registered nurse) of an exceptional nature requiring such merit and ability, and who, in the case of a graduate of a medical school coming to the United States to perform services as a member of the medical profession, is coming pursuant to an invitation from a public or nonprofit private educational or research institution or agency in the United States to teach or conduct research, or both, at or for such institution or agency".

Subsec. (a)(15)(H)(ii). Pub. L. 101-649, § 205(e)(2), (3), substituted "(a) having a residence in a foreign country which he has no intention of abandoning who is coming temporarily to the United States" for "who is coming temporarily to the United States (a)", and in subcl. (b) inserted "having a residence in a foreign country which he has no intention of abandoning who is coming temporarily to the United States" after "(b)".

Subsec. (a)(15)(H)(iii). Pub. L. 101-649, § 205(e)(4), inserted "having a residence in a foreign country which he has no intention of abandoning" after “(iii)”. Pub. L. 101-649, § 205(d), inserted ", in a training program that is not designed primarily to provide productive employment" before semicolon at end.

Subsec. (a)(15)(L). Pub. L. 101-649, § 206(c), substituted “within 3 years preceding” for “immediately preceding".

Subsec. (a)(15)(O), (P). Pub. L. 101-649, § 207(a), added subpars. (O) and (P).

Subsec. (a)(15)Q). Pub. L. 101-649, § 208, added subpar. (Q).

Subsec. (a)(15)(R). Pub. L. 101-649, § 209(a), added subpar. (R).

Subsec. (a)(27)(C). Pub. L. 101-649, § 151(a), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “(i) an immigrant who continuously for at least two years immediately preceding the time of his application for admission to the United States has been, and who seeks to enter the United States solely for the purpose of carrying on the vocation of minister of a religious denomination, and whose services are needed by such religious denomina

Subsec. (b)(1)(F). Pub. L. 97-116, § 2(b), substituted "sixteen" for "fourteen”.

Subsec. (f). Pub. L. 97-116, § 2(c), struck out par. (2) which provided that a person not be considered a person of good moral character if within the period for which good moral character is required to be established the person commits adultery, and substituted in par. (3) "paragraphs (9) and (10) of section 1182(a) of this title and paragraph (23) of such section (except as such paragraph relates to a single offense of simple possession of 30 grams or less of marihuana)" for "paragraphs (9), (10), and (23) of section 1182(a) of this title".

1980-Subsec. (a)(42). Pub. L. 96-212 added par. (42). 1979-Subsec. (a)(27)(E) to (G). Pub. L. 96-70 added subpars. (E) to (G).

1977-Subsec. (a)(1). Pub. L. 95-105 substituted "Assistant Secretary of State for Consular Affairs" for "administrator of the Bureau of Security and Consular Affairs of the Department of State".

Subsec. (a)(41). Pub. L. 95-83 inserted "a" after "graduates of" and ", other than such aliens who are of national or international renown in the field of medicine" after "in a foreign state".

1976-Subsec. (a)(15)(H)(i). Pub. L. 94-484, § 601(b)(1), inserted ", and who, in the case of a graduate of a medical school coming to the United States to perform services as a member of the medical profession, is coming pursuant to an invitation from a public or nonprofit private educational or research institution or agency in the United States to teach or conduct research, or both, at or for such institution or agency".

Subsec. (a)(15)(H)(ii). Pub. L. 94-484, § 601(b)(2), inserted", but this clause shall not apply to graduates of medical schools coming to the United States to perform services as members of the medical profession".

Subsec. (a)(15)(H)(iii). Pub. L. 94-484, § 601(b)(3), inserted ", other than to receive graduate medical education or training".

Subsec. (a)(15)(J). Pub. L. 94-484, § 601(b)(4), inserted "and who, if he is coming to the United States to participate in a program under which he will receive graduate medical education or training, also meets the requirements of section 1182(j) of this title".

Subsec. (a)(27). Pub. L. 94-571 struck out subpar. (A) provision defining term "special immigrant" to include an immigrant born in any independent foreign country of the Western Hemisphere or in the Canal Zone and the spouse and children of any such immigrant, if accompanying, or following to join him and restricting issuance of an immigrant visa until consular officer was in receipt of a determination made by the Secretary of Labor pursuant to former provisions of section 1182(a)(14) of this title; and redesignated as subpars. (A) to (D) former subpars. (B) to (E).

Subsec. (a)(41). Pub. L. 94-484, § 601(e), added par. (41).

1975-Subsec. (b)(1)(F). Pub. L. 94-155 provided for adoption of alien children under the age of fourteen by unmarried United States citizens who are at least twenty-five years of age and inserted requirement that before adoption the Attorney General be satisfied that proper care will be provided the child after admission.

1970-Subsec. (a)(15)(H). Pub. L. 91-225, § 1(a), provided for nonimmigrant alien status for alien spouse and minor children of any alien specified in par. (H) if accompanying him or following to join him and struck out "temporary", "other", and "industrial" before "services", "temporary services", and "trainee" in cls. (i) to (iii), respectively.

Subsec. (a)(15)(K), (L). Pub. L. 91-225, § 1(b), added subpars. (K) and (L).

1966-Subsec. (a)(38). Pub. L. 89-710 inserted sentence providing that term "United States" as used in section 1452 of this title, for the purpose of issuing certificates of citizenship to persons who are citizens of the United States, shall include the Canal Zone.

1965-Subsec. (a)(27). Pub. L. 89-236, § 8(a), substituted "special immigrant" for "nonquota immigrant" as term being defined.

Subsec. (a)(32). Pub. L. 89-236, § 8(b), substituted term "profession" and its definition for term "quota immigrant" and its definition.

Subsec. (b)(1)(F). Pub. L. 89-236, § 8(c), expanded definition to include a child, under the age of 14 at the time a petition is filed in his behalf to accord a classification as an immediate relative or who is an orphan because of the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents, or for whom the sole or surviving parent is incapable of providing the proper care which will be provided the child if admitted to the United States and who has in writing irrevocably released the child for emigration and adoption, and made minor amendments in the existing definition.

Subsec. (b)(6). Pub. L. 89-236, § 24, struck out par. (6) which defined term "eligible orphan".

1961-Subsec. (a)(15). Pub. L. 87-256 included the alien spouse and minor children of any such alien if accompanying him or following to join him in subpar. (F), and added subpar. (J).

Subsec. (b)(1)(F). Pub. L. 87-301, § 2, added subpar. (F).

Subsec. (b)(6). Pub. L. 87-301, § 1, added par. (6). Subsec. (d)(1). Pub. L. 87-301, § 7(a), inserted "or from June 25, 1950, to July 1, 1955,”.

Subsec. (d)(2). Pub. L. 87–301, § 7(b), inserted definition of "Korean hostilities".

1959-Subsec. (a)(36). Pub. L. 86-3 struck out reference to Hawaii.

1958-Subsec. (a)(36). Pub. L. 85-508 struck out reference to Alaska.

1957-Subsec. (b)(1). Pub. L. 85-316 inserted "whether or not born out of wedlock" in subpar. (B), and added subpars. (D) and (E).

EFFECTIVE Date of 1994 AMENDMENT

Section 219(dd) of Pub. L. 103-416 provided that: "Except as otherwise specifically provided in this section, the amendments made by this section (amending this section and sections 1151, 1153, 1154, 1160, 1182, 1188, 1251, 1252, 1252b, 1254a, 1255, 1255a, 1256, 1288, 1302, 1322, 1323, 1324a, 1324b, 1324c, 1330, 1356, 1421, 1424, 1444, 1449, and 1522 of this title, repealing section 1161 of this title, amending provisions set out as notes under this section and sections 1182, 1254a, 1255, 1255a, and 1356 of this title, and repealing provisions set out as a note under section 1288 of this title] shall be effective as if included in the enactment of the Immigration Act of 1990 [Pub. L. 101-649]."

Section 222(b) of Pub. L. 103-416 provided that: "The amendments made by this section [amending this section] shall apply to convictions entered on or after the date of enactment of this Act [Oct. 25, 1994]."

EFFECTIVE DATE OF 1991 AMENDMENTS

Section 208 of title II of Pub. L. 102-232 provided that: "The provisions of, and amendments made by, this title [amending this section and section 1184 of this title and enacting provisions set out as notes under this section and section 1184 of this title) shall take effect on April 1, 1992."

Section 302(e)(8) of Pub. L. 102-232 provided that the amendments made by that section (amending this section and sections 1186a and 1201 of this title) are effective as if included in section 162(e) of the Immigration Act of 1990, Pub. L. 102-649.

Section 305(m) of Pub. L. 102-232 provided that the amendments made by that section [amending this section and sections 1423, 1433, 1441, 1443, 1445, and 1452 of this title] are effective as if included in section 407(d) of the Immigration Act of 1990, Pub. L. 101-649. Section 310 of Pub. L. 102-232, as amended by Pub. L. 103-416, title II, § 219(z)(9), Oct. 25, 1994, 108 Stat.