Thread: IMMIGRATION AND NATIONALITY ACT Updated Through February 2013

Included for reference.

IMMIGRATION AND NATIONALITY ACT

Updated Through February 2013

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	Employment authorization for battered spouses of certain nonimmigrants. 2/

INA: TITLE II -- IMMIGRATION



CHAPTER 1 - SELECTION SYSTEM

ACT 201	Worldwide level of immigration.
ACT 202	Numerical limitation to any single foreign state.
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ACT 210A	Repealed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.
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.
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.
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	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 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, 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; 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 U.S. non-citizen national status; procedure
ACT 342	Cancellation of certificates issued by the Attorney General, the Commissioner or a Deputy Commissioner; 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: TITLE IV



CHAPTER 1 -- MISCELLANEOUS

ACT 401	Repealed
ACT 402	Omitted as executed
ACT 403	Omitted as executed
ACT 404	Authorization of appropriations
ACT 405	Savings clauses
ACT 406	Separability
ACT 407	Effective date

CHAPTER 2 -- REFUGEE ASSISTANCE

ACT 411	Office of Refugee Resettlement
ACT 412	Authorization for programs for domestic resettlement of and assistance to refugees
ACT 413	Congressional reports
ACT 414	Authorization of appropriations

INA: TITLE V

ACT 501	Definitions
ACT 502	Establishment of removal court
ACT 503	Removal court procedure
ACT 504	Removal Hearing
ACT 505	Appeals
ACT 506	Custody and release pending removal hearing
ACT 507	Custody and release after removal hearing

ACRONYMS





IMMACT is the Immigration Act of 1990, Pub. L. 101-649, Stat. (November 29, 1990).



VCCLEA is the Violent Crime Control and Law Enforcement Act of 1994, Pub. L. 103-322, 108 Stat. 1796 (September 13, 1994).




INTC is the Immigration and Naturalization Technical Corrections of 1994, Pub. L. 103-416, Stat. (October 25, 1994).



MTINA is the Miscellaneous and Technical Immigration and Naturalization Amendments of 1991, Pub. L. 102-232, 105 Stat. 1733. (December 12, 1991).



AEDPA is the Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. 104-132, 110 Stat. 1214 (April 24, 1996).



IIRIRA is the Illegal Immigration Reform and Immigrant Responsiblity Act of 1996, Pub. L. 104-208, 110 Stat. 3009 (September 30, 1996).











TITLE I

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8 U.S. Code § 1227 - Deportable aliens

Current through Pub. L. 113-185. (See Public Laws for the current Congress.)

• US Code
• Notes
• Authorities (CFR)

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(a) Classes of deportable aliensAny alien (including an alien crewman) in and admitted to the United States shall, upon the order of the Attorney General, be removed if the alien is within one or more of the following classes of deportable aliens:
(1) Inadmissible at time of entry or of adjustment of status or violates status(A) Inadmissible aliensAny alien who at the time of entry or adjustment of status was within one or more of the classes of aliens inadmissible by the law existing at such time is deportable.

(B) Present in violation of lawAny alien who is present in the United States in violation of this chapter or any other law of the United States, or whose nonimmigrant visa (or other documentation authorizing admission into the United States as a nonimmigrant) has been revoked under section 1201 (i) of this title, is deportable.

(C) Violated nonimmigrant status or condition of entry(i) Nonimmigrant status violators Any alien who was admitted as a nonimmigrant and who has failed to maintain the nonimmigrant status in which the alien was admitted or to which it was changed under section 1258 of this title, or to comply with the conditions of any such status, is deportable.
(ii) Violators of conditions of entry Any alien whom the Secretary of Health and Human Services certifies has failed to comply with terms, conditions, and controls that were imposed under section 1182 (g) of this title is deportable.

(D) Termination of conditional permanent residence(i) In general Any alien with permanent resident status on a conditional basis under section 1186a of this title (relating to conditional permanent resident status for certain alien spouses and sons and daughters) or under section 1186b of this title (relating to conditional permanent resident status for certain alien entrepreneurs, spouses, and children) who has had such status terminated under such respective section is deportable.
(ii) Exception Clause (i) shall not apply in the cases described in section 1186a (c)(4) of this title (relating to certain hardship waivers).

(E) Smuggling(i) In general Any alien who (prior to the date of entry, at the time of any entry, or within 5 years of the date of any entry) knowingly has encouraged, induced, assisted, abetted, or aided any other alien to enter or to try to enter the United States in violation of law is deportable.
(ii) Special rule in the case of family reunification Clause (i) shall not apply in the case of alien who is an eligible immigrant (as defined in section 301(b)(1) of the Immigration Act of 1990), was physically present in the United States on May 5, 1988, and is seeking admission as an immediate relative or under section 1153 (a)(2) of this title (including under section 112 of the Immigration Act of 1990) or benefits under section 301(a) of the Immigration Act of 1990 if the alien, before May 5, 1988, has encouraged, induced, assisted, abetted, or aided only the alien’s spouse, parent, son, or daughter (and no other individual) to enter the United States in violation of law.
(iii) Waiver authorized The Attorney General may, in his discretion for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest, waive application of clause (i) in the case of any alien lawfully admitted for permanent residence if the alien has encouraged, induced, assisted, abetted, or aided only an individual who at the time of the offense was the alien’s spouse, parent, son, or daughter (and no other individual) to enter the United States in violation of law.

(F) Repealed. Pub. L. 104–208, div. C, title VI, § 671(d)(1)(C),Sept. 30, 1996, 110 Stat. 3009–723
(G) Marriage fraudAn alien shall be considered to be deportable as having procured a visa or other documentation by fraud (within the meaning of section 1182 (a)(6)(C)(i) of this title) and to be in the United States in violation of this chapter (within the meaning of subparagraph (B)) if—
(i) the alien obtains any admission into the United States with an immigrant visa or other documentation procured on the basis of a marriage entered into less than 2 years prior to such admission of the alien and which, within 2 years subsequent to any admission of the alien in the United States, shall be judicially annulled or terminated, unless the alien establishes to the satisfaction of the Attorney General that such marriage was not contracted for the purpose of evading any provisions of the immigration laws, or
(ii) it appears to the satisfaction of the Attorney General that the alien has failed or refused to fulfill the alien’s marital agreement which in the opinion of the Attorney General was made for the purpose of procuring the alien’s admission as an immigrant.

(H) Waiver authorized for certain misrepresentationsThe provisions of this paragraph relating to the removal of aliens within the United States on the ground that they were inadmissible at the time of admission as aliens described in section 1182 (a)(6)(C)(i) of this title, whether willful or innocent, may, in the discretion of the Attorney General, be waived for any alien (other than an alien described in paragraph (4)(D)) who—
(i)(I) is the spouse, parent, son, or daughter of a citizen of the United States or of an alien lawfully admitted to the United States for permanent residence; and
(II) was in possession of an immigrant visa or equivalent document and was otherwise admissible to the United States at the time of such admission except for those grounds of inadmissibility specified under paragraphs (5)(A) and (7)(A) of section 1182 (a) of this title which were a direct result of that fraud or misrepresentation.

(ii) is a VAWA self-petitioner.
A waiver of removal for fraud or misrepresentation granted under this subparagraph shall also operate to waive removal based on the grounds of inadmissibility directly resulting from such fraud or misrepresentation.


(2) Criminal offenses(A) General crimes(i) Crimes of moral turpitude Any alien who—(I) is convicted of a crime involving moral turpitude committed within five years (or 10 years in the case of an alien provided lawful permanent resident status under section 1255 (j) of this title) after the date of admission, and
(II) is convicted of a crime for which a sentence of one year or longer may be imposed,
is deportable.
(ii) Multiple criminal convictions Any alien who at any time after admission is convicted of two or more crimes involving moral turpitude, not arising out of a single scheme of criminal misconduct, regardless of whether confined therefor and regardless of whether the convictions were in a single trial, is deportable.
(iii) Aggravated felony Any alien who is convicted of an aggravated felony at any time after admission is deportable.
(iv) High speed flight Any alien who is convicted of a violation of section 758 of title 18 (relating to high speed flight from an immigration checkpoint) is deportable.
(v) Failure to register as a sex offender Any alien who is convicted under section 2250 of title 18 is deportable.
(vi) Waiver authorized Clauses (i), (ii), (iii), and (iv) shall not apply in the case of an alien with respect to a criminal conviction if the alien subsequent to the criminal conviction has been granted a full and unconditional pardon by the President of the United States or by the Governor of any of the several States.

(B) Controlled substances(i) Conviction Any alien who at any time after admission has been convicted of a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 802 of title 21), other than a single offense involving possession for one’s own use of 30 grams or less of marijuana, is deportable.
(ii) Drug abusers and addicts Any alien who is, or at any time after admission has been, a drug abuser or addict is deportable.

(C) Certain firearm offensesAny alien who at any time after admission is convicted under any law of purchasing, selling, offering for sale, exchanging, using, owning, possessing, or carrying, or of attempting or conspiring to purchase, sell, offer for sale, exchange, use, own, possess, or carry, any weapon, part, or accessory which is a firearm or destructive device (as defined in section 921 (a) of title 18) in violation of any law is deportable.

(D) Miscellaneous crimesAny alien who at any time has been convicted (the judgment on such conviction becoming final) of, or has been so convicted of a conspiracy or attempt to violate—
(i) any offense under chapter 37 (relating to espionage), chapter 105 (relating to sabotage), or chapter 115 (relating to treason and sedition) of title 18 for which a term of imprisonment of five or more years may be imposed;
(ii) any offense under section 871 or 960 of title 18;
(iii) a violation of any provision of the Military Selective Service Act (50 App. U.S.C. 451 et seq.) or the Trading With the Enemy Act (50 App. U.S.C. 1 et seq.); or
(iv) a violation of section 1185 or 1328 of this title,
is deportable.

(E) Crimes of domestic violence, stalking, or violation of protection order, crimes against children and(i) Domestic violence, stalking, and child abuse Any alien who at any time after admission is convicted of a crime of domestic violence, a crime of stalking, or a crime of child abuse, child neglect, or child abandonment is deportable. For purposes of this clause, the term “crime of domestic violence” means any crime of violence (as defined in section 16 of title 18) against a person committed by a current or former spouse of the person, by an individual with whom the person shares a child in common, by an individual who is cohabiting with or has cohabited with the person as a spouse, by an individual similarly situated to a spouse of the person under the domestic or family violence laws of the jurisdiction where the offense occurs, or by any other individual against a person who is protected from that individual’s acts under the domestic or family violence laws of the United States or any State, Indian tribal government, or unit of local government.
(ii) Violators of protection orders Any alien who at any time after admission is enjoined under a protection order issued by a court and whom the court determines has engaged in conduct that violates the portion of a protection order that involves protection against credible threats of violence, repeated harassment, or bodily injury to the person or persons for whom the protection order was issued is deportable. For purposes of this clause, the term “protection order” means any injunction issued for the purpose of preventing violent or threatening acts of domestic violence, including temporary or final orders issued by civil or criminal courts (other than support or child custody orders or provisions) whether obtained by filing an independent action or as a pendente lite order in another proceeding.

(F) TraffickingAny alien described in section 1182 (a)(2)(H) of this title is deportable.


(3) Failure to register and falsification of documents(A) Change of addressAn alien who has failed to comply with the provisions of section 1305 of this title is deportable, unless the alien establishes to the satisfaction of the Attorney General that such failure was reasonably excusable or was not willful.

(B) Failure to register or falsification of documentsAny alien who at any time has been convicted—
(i) under section 1306 (c) of this title or under section 36(c) of the Alien Registration Act, 1940,
(ii) of a violation of, or an attempt or a conspiracy to violate, any provision of the Foreign Agents Registration Act of 1938 (22 U.S.C. 611 et seq.), or
(iii) of a violation of, or an attempt or a conspiracy to violate, section 1546 of title 18 (relating to fraud and misuse of visas, permits, and other entry documents),
is deportable.

(C) Document fraud(i) In general An alien who is the subject of a final order for violation of section 1324c of this title is deportable.
(ii) Waiver authorized The Attorney General may waive clause (i) in the case of an alien lawfully admitted for permanent residence if no previous civil money penalty was imposed against the alien under section1324c of this title and the offense was incurred solely to assist, aid, or support the alien’s spouse or child (and no other individual). No court shall have jurisdiction to review a decision of the Attorney General to grant or deny a waiver under this clause.

(D) Falsely claiming citizenship(i) In general Any alien who falsely represents, or has falsely represented, himself to be a citizen of the United States for any purpose or benefit under this chapter (including section 1324a of this title) or any Federal or State law is deportable.
(ii) Exception In the case of an alien making a representation described in clause (i), if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of making such representation that he or she was a citizen, the alien shall not be considered to be deportable under any provision of this subsection based on such representation.


(4) Security and related grounds(A) In generalAny alien who has engaged, is engaged, or at any time after admission engages in—
(i) any activity to violate any law of the United States relating to espionage or sabotage or to violate or evade any law prohibiting the export from the United States of goods, technology, or sensitive information,
(ii) any other criminal activity which endangers public safety or national security, or
(iii) any activity a purpose of which is the opposition to, or the control or overthrow of, the Government of the United States by force, violence, or other unlawful means,
is deportable.

(B) Terrorist activitiesAny alien who is described in subparagraph (B) or (F) of section 1182 (a)(3) of this title is deportable.

(C) Foreign policy(i) In general An alien whose presence or activities in the United States the Secretary of State has reasonable ground to believe would have potentially serious adverse foreign policy consequences for the United States is deportable.
(ii) Exceptions The exceptions described in clauses (ii) and (iii) of section 1182 (a)(3)(C) of this title shall apply to deportability under clause (i) in the same manner as they apply to inadmissibility under section1182 (a)(3)(C)(i) of this title.

(D) Participated in Nazi persecution, genocide, or the commission of any act of torture or extrajudicial killingAny alien described in clause (i), (ii), or (iii) of section 1182 (a)(3)(E) of this title is deportable.

(E) Participated in the commission of severe violations of religious freedomAny alien described in section 1182 (a)(2)(G) of this title is deportable.

(F) Recruitment or use of child soldiersAny alien who has engaged in the recruitment or use of child soldiers in violation of section 2442 of title 18is deportable.


(5) Public chargeAny alien who, within five years after the date of entry, has become a public charge from causes not affirmatively shown to have arisen since entry is deportable.

(6) Unlawful voters(A) In generalAny alien who has voted in violation of any Federal, State, or local constitutional provision, statute, ordinance, or regulation is deportable.

(B) ExceptionIn the case of an alien who voted in a Federal, State, or local election (including an initiative, recall, or referendum) in violation of a lawful restriction of voting to citizens, if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of such violation that he or she was a citizen, the alien shall not be considered to be deportable under any provision of this subsection based on such violation.


(7) Waiver for victims of domestic violence(A) In generalThe Attorney General is not limited by the criminal court record and may waive the application of paragraph (2)(E)(i) (with respect to crimes of domestic violence and crimes of stalking) and (ii) in the case of an alien who has been battered or subjected to extreme cruelty and who is not and was not the primary perpetrator of violence in the relationship—
(i) [1] upon a determination that—(I) the alien was acting is [2] self-defense;
(II) the alien was found to have violated a protection order intended to protect the alien; or
(III) the alien committed, was arrested for, was convicted of, or pled guilty to committing a crime—(aa) that did not result in serious bodily injury; and
(bb) where there was a connection between the crime and the alien’s having been battered or subjected to extreme cruelty.



(B) Credible evidence consideredIn 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.



(b) Deportation of certain nonimmigrantsAn alien, admitted as a nonimmigrant under the provisions of either section 1101 (a)(15)(A)(i) or 1101 (a)(15)(G)(i) of this title, and who fails to maintain a status under either of those provisions, shall not be required to depart from the United States without the approval of the Secretary of State, unless such alien is subject to deportation under paragraph (4) of subsection (a) of this section.

(c) Waiver of grounds for deportationParagraphs (1)(A), (1)(B), (1)(C), (1)(D), and (3)(A) of subsection (a) of this section (other than so much of paragraph (1) as relates to a ground of inadmissibility described in paragraph (2) or (3) of section 1182 (a) of this title) shall not apply to a special immigrant described in section 1101 (a)(27)(J) of this title based upon circumstances that existed before the date the alien was provided such special immigrant status.

(d) Administrative stay(1) If the Secretary of Homeland Security determines that an application for nonimmigrant status under subparagraph (T) or (U) of section 1101 (a)(15) of this title filed for an alien in the United States sets forth a prima facie case for approval, the Secretary may grant the alien an administrative stay of a final order of removal under section 1231 (c)(2) of this title until—(A) the application for nonimmigrant status under such subparagraph (T) or (U) is approved; or
(B) there is a final administrative denial of the application for such nonimmigrant status after the exhaustion of administrative appeals.

(2) The denial of a request for an administrative stay of removal under this subsection shall not preclude the alien from applying for a stay of removal, deferred action, or a continuance or abeyance of removal proceedings under any other provision of the immigration laws of the United States.
(3) During any period in which the administrative stay of removal is in effect, the alien shall not be removed.
(4) Nothing in this subsection may be construed to limit the authority of the Secretary of Homeland Security or the Attorney General to grant a stay of removal or deportation in any case not described in this subsection.
http://www.law.cornell.edu/uscode/text/8/1227