INA: ACT 101 FN 1

FN 1     This sentence added by section 104 of IIRIRA . Clause (A) applies to documents issued on or after 18 months after the date of the enactment of IIRIRA. Clause (B) applies to cards presented on or after 3 years after the date of enactment of IIRIRA.

    Section 410 (c) of Pub. L. 105-277 under General Provisions - Department of State and Related Agencies, amended section 104(b)(2) of IIRIRA by striking "3 years" and inserting "5 years".

INA: ACT 101 FN 1a

FN1a     Section 2222 (e), Pub. L. 105-277, Title XXII, Department of State Authorities and Activities, amended section 101(a)(9) by inserting "or employee" after "officer" the second place it appears; and inserting before the period at the end of the sentence "or, when used in title III, for the purpose of adjudicating nationality"

INA: ACT 101 FN 2

FN 2     Amended by Section 301 of IIRIRA , effective on the first day of the first month beginning more than 180 days after the date of enactment of IIRIRA. The effective date is established by Section 309 of IIRIRA and is referred to as the title III-A effective date. Regulations are required to be promulgated not later than 30 days before the title III effective date. Section 309(c) of IIRIRA provides for transition for aliens in proceedings and provides that as a general rule the new provisions governed by the title III effective date do not apply to such aliens. Section 309(c) does, however, provide the Attorney General with authority and options to place certain such aliens under the new law.

INA: ACT 101 FN 3

FN3Amended by Section 625 of IIRIRA, effective as to "individuals who obtain the status of a nonimmigrant under section 101(a)(15)(F) of the [INA] after the end of the 60- day period beginning on the date of the enactment of this Act, including aliens whose status as such a nonimmigrant is extended after the end of such period.

Section (a)(1) of Public Law 111-306, dated December 14, 2010, amended section 101(a)(15)(F)(i) by striking the term "a language" and inserting the term "an accredited language"

Effective Date -

(1) IN GENERAL- Except as provided in paragraph (a)(2) of Public Law 111-306, the amendments made by subsection (a) shall--

(A) take effect on June 12, 2011, which is 180 days after the date of the enactment of this Act; and

(B) apply with respect to applications for a nonimmigrant visa under section 101(a)(15)(F)(i) of the Immigration and Nationality Act (8 U.S.C. 101(a)(15)(F)(i)) that are filed on or after the June 12, 2011 which is the effective date described in subparagraph (A).

(2) TEMPORARY EXCEPTION-

(A) IN GENERAL- Notwithstanding section 101(a)(15)(F)(i) of the Immigration and Nationality Act, as amended by subsection (a) (of Public Law 111-306), during the 3-year period beginning on December 14, 2010 which is the date of the enactment of this Act, an alien seeking to enter the United States to pursue a course of study at a language training program that has been certified by the Secretary of Homeland Security and has not been accredited or denied accreditation by an entity described in section 101(a)(52) of such Act may be granted a nonimmigrant visa under such section 101(a)(15)(F)(i)).

(B) ADDITIONAL REQUIREMENT- An alien may not be granted a nonimmigrant visa under subparagraph (b)(1)(A) of Public Law 111-306, if the sponsoring institution of the language training program to which the alien seeks to enroll does not--

(i) submit an application for the accreditation of such program to a regional or national accrediting agency recognized by the Secretary of Education within 1 year after December 14, 2010, which is the date of the enactment of this Act (Public Law 111-306); and

(ii) comply with the applicable accrediting requirements of such agency.

INA: ACT 101 FN 3a

FN 3a     Public Law 104-302 extends the authorized period of stay within the United States for certain nurses.

INA: ACT 101 FN 3b

FN 3b     Section 2 of Public Law 106-95 , dated November 12, 1999, added a new nonimmigrant classification (c) for registered nurses who meet the qualifications under section 212(m) of the Immigration and Nationality Act. Section 2(c) of Public Law 106-95, also amends section 101(a)(15)(H)(i) by striking subclause (a).
    Section 101(a)(15)(H)(i)(b) is amended by section 402(a)(1) of the United States Chile Free Trade Agreement Implementation Act, Public Law 108-77, dated September 3, 2003.

INA: ACT 101 FN 3bb

FN 3bb     Section 1103(a) of Public Law 106-553, dated December 21, 2000, amended section 101(a)(15)(K) in its entirety.

Section 402(b) of Public Law 109-248, dated July 27, 2006, amended section 101(a)(15)(K) by inserting '(other than a citizen described in section 204(a)(1)(A)(viii)(I))' after 'citizen of the United States' each place that phrase appears.

INA: ACT 101 FN 3bbb

FN 3bbb     Section 536 of Public Law 109-90, dated October 18, 2005, amended section 101(a)(15)(H)(ii)(a) by:

striking "the Internal Revenue Code of 1954 and agriculture as defined in section 3(f) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(f))," and inserting "the Internal Revenue Code of 1986, agriculture as defined in section 3(f) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(f)), and the pressing of apples for cider on a farm,".

INA: ACT 101 FN 3c

INA: ACT 101 FN 3d

Section 101(a)(15)(M) was amended by revising clause (ii) and adding a new clause (iii) (See section 2(b) of the Border Commuter Student Act of 2002, Public Law 107-274, dated November 2, 2002).

INA: ACT101 FN 4

INA: ACT101 FN 4a

    Sunset:     (1) Effective October 1, 2005, the Irish Peace Process Cultural and Training Program Act of 1998 is repealed.

            (2) Effective October 1, 2005, section 101(a)(15)(Q) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(Q)) is amended--

            (A) by striking "or" at the end of clause (i);

            (B) by striking "(i)" after "(Q)"; and

            (C) by striking clause (ii).

INA: ACT 101 FN 4aa

FN 4aa     Section 107(e) of Public Law 106-386, dated October 28, 2000, add section 101(a)(15)(T). As further amended by section 1513(b) of Public Law 106-386 which added section 101(a)(15)(U). As further amended by section 1102(a)(3) of Public Law 106-553, dated December 21, 2000, which added section 101(a)(15)(V).

Section 8(a)(1)(B) , (C) , and (D) of the Trafficking Victims Protection Reauthorization Act of 2003, Public Law 108-193, dated December 19, 2003, further amended:

Subparagraph(T) by striking "214(n)," and inserting "214(o),";

Subparagraph (U) by striking "214(o)," and inserting "214(p),"; and by

Subparagraph (V), by striking "214(o)," and inserting "214(q),".

INA: ACT 101 FN 4aa1

FN 4aa1     Section 801(b) of Public Law 109-162, dated January 5, 2006, amended section 101(a)(15)(U) of the Immigration and Nationality Act.

INA: ACT 101 FN 4aaa

FN 4aaa     Section 4(b)(1) of the Trafficking Victims Protection Reauthorization Act of 2003, Public Law 108-193, dated December 19, 2003, amended sections 101(a)(15)(T)(i)(III)(bb) and (ii)(I).

INA: ACT 101 FN 4b

FN 4b     Section 101(a)(27)(C)(ii) was amended by section 1 of Public Law 105-54 , dated October 6, 1997, by striking "1997" each place it appears and inserting "2000". This change was effective October 6, 1997.

INA: ACT 101 FN 4bb

FN 4bb     Section 2 of Public Law 106-409 , dated November 1, 2000, amended section 101(a)(27)(C)(ii) by striking "2000" and inserting "2003". Change was effective October 1, 2000.

    Section 1 of Public Law 108-99 , dated October 15, 2003, amended section 101(a)(27)(C)(ii) by striking "2003" and inserting "2008". Change was effective October 1, 2003.

INA: ACT 101 FN 4bbb

FN 4bbb     Section 2 of Public Law 110-391 , dated October 10, 2008, amended section 101(a)(27)(C)(ii)(II) and (III) by striking 'October 1, 2008,' both places such term appears and inserting 'March 6, 2009,'

Section 1 of Public Law 111-9 , dated March 20, 2009, amended section 101(a)(27)(C)(ii)(II) and (III) by striking 'March 6, 2009,' each place such term appears and inserting 'September 30, 2009'

INA: ACT 101 FN 4ab

FN 4ab     Section 1(b)(1)(A) of Public Law 108-449, dated December 10, 2004, amended section 101(a)(15)(Q) of the Act by striking "Attorney General" and inserting "Secretary of Homeland Security" wherever that term appeared.

INA: ACT 101 FN 4ab1

FN 4ab1     Section 1(b)(1)(B)(i) of Public Law 108-449, dated December 10, 2004, amended clause (ii)(I) by striking "35 years of age or younger having a residence" and inserting "citizen of the United Kingdom or the Republic of Ireland, 21 to 35 years of age, unemployed for not less than 12 months, and having a residence for not less than 18 months".

Section 1(b)(1)(B)(ii) amended clause (ii)(I) by striking "36 months" and inserting "24 months".

INA: ACT 101 FN 4ab2

FN 4ab2     Section 801(a) of Public Law 109-162, dated January 5, 2006, amended section 101(a)(15)(T) of the Immigration and Nationality Act.

INA: Act 101 FN 4ab3

(2) apply to applications for immigration benefits filed on or after such date.

INA: ACT 101 FN 4c

FN 4c     Section 101(a)(27)(J) was amended in its entirety by section 113 of Public Law 105-119 , dated November 26, 1997.

INA: ACT 101 FN 4d

FN 4d     Section 421(a) , Public Law 105-277, under Division B - Emergency Supplemental Appropriations, Title IV - American Competitiveness and Workforce Improvement Act (ACWIA), amended section 101(a)(27) by:

    (1) striking "or" at the end of subparagraph (J);

    (2) striking the period at the end of subparagraph (K) and inserting "; or" and by

    (3) adding at the end, a new subparagraph (L).

INA: ACT 101 FN 4dd

FN 4dd     Section 1(a) of Public Law 106-536 , dated November 22, 2000, amended section 101(a)(27) by:

(1)     striking "or" at the end of subparagraph (K),

(2)     striking the period at the end of subparagraph (L), and by

(3)     adding a new subparagraph (M).

INA: ACT 101 FN 5

FN 5     Last sentence added by § 601 of IIRIRA .

INA: ACT 101 FN 6

FN 6     Shown as amended by AEDPA and IIRIRA § 321(a) which made several new amendments. The amendments made by § 321(a) "shall apply to actions taken on or after the date of the enactment of this Act, regardless of when the conviction occurred, and shall apply under section 276(b) of the Immigration and Nationality Act only to violations of section 276(a) of such Act occurring on or after such date."

INA: ACT 101 FN 7

FN 7     Sic. Section 321(a)(3) of IIRIRA amended subparagraphs (F), (G), (N), and (P) the same and omitted the term "is". Note also, subparagraph (P) does not contain the language referenced by section 321(a)(3). Section 322(a)(2) also amended this subparagraph and subparagraph (G) by striking the phrase "imposed (regardless of any suspension of imprisonment" but the sentence must still be ordered. See INA 101(a)(48) infra.

INA: ACT 101 FN 8

FN 8     Sic. § 321(a)(3) of IIRIRA .

INA: ACT 101 FN 9

FN 9     Sic. § 671(b)(5) of IIRIRA deleted a comma here but incorrectly referred to clause (ii) instead of clause (iii) where the referenced comma appeared.

INA: ACT 101 FN 9a

FN 9a     Section 4(b)(5) of the Trafficking Victims Protection Reauthorization Act of 2003, Public Law 108-193, dated December 19, 2003, revised section 101(a)(43)(K)(iii).

INA: ACT 101 FN 10

FN 10     Amended by section 321(a)(8) which mooted amendment by § 321(a)(3) regarding "is at least 5 years".

INA: ACT 101 FN 11

FN 11     Section 321(a)(3) of IIRIRA attempted to amend subparagraph (P) but the subparagraph does not contain the referenced language "is at least 5 years". The referenced phrase was changed by AEDPA but the change was not accounted for in IIRIRA. Thus, no change from that amendment is shown here. The section is shown as amended by § 321(a)(9) of IIRIRA. Because of the conflicting amendments it is unclear whether the phrase "is at least 12 months" is correct as shown here. Reference to the U.S. Code is recommended.

INA: ACT 101 FN 12

FN 12     Section 321(a)(10) of IIRIRA changed the term of imprisonment from 5 years to 1 year.

INA: ACT 101 FN 13

FN 13     Section 321(a)(11) of IIRIRA changed the term of imprisonment from 5 years to 1 year.

INA: ACT 101 FN 14

FN 14     Final sentence added by § 321(b) of IIRIRA . Section 321(c) of IIRIRA provides: "The amendments made by this section shall apply to actions taken on or after the date of the enactment of this Act, regardless of when the conviction occurred, and shall apply under section 276(b) of the Immigration and Nationality Act only to violations of section 276(a) of such Act occurring on or after such date."

INA: ACT 101 FN 15

FN 15     Section 101(a)(47) was added by AEDPA, § 440(b) of enactment of the AEDPA.

INA: ACT 101 FN 16

FN 16     Paragraph (48) added by § 322 of IIRIRA . This section also made several conforming amendments to paragraph (43) by striking the term "imposed (regardless of any suspension of imprisonment)" in subparagraphs (F), (G), (N), and (P). These amendments (new paragraph (48) and the conforming amendments to paragraph (43)) all apply "to convictions and sentences entered before, on, or after the date of the enactment of [IIRIRA]. Subparagraphs (B) and (C) of section 240(c)(3) of [this Act], . . .shall apply to proving such convictions." IIRIRA, §§ 322(c) ; 304(a)(3) .

INA: ACT 101 FN 17

FN 17     Added by § 361 of IIRIRA , effective on the date of enactment of IIRIRA.

INA: ACT 101 FN 17a

FN17a     Section 101(b)(1)(E)(ii) and (F)(ii) was added by section 1(a)(1) and (a)(2), of Public Law 106-139 , dated December 7, 1999.

INA: ACT 101 FN 17aa

FN 17aa     Section 302(a) of Public Law 106-279, dated October 6, 2000 added subparagraph (G). Section 302(c) of Public Law 106-279 amended section 102(b)(2).

Section 3 of Public Law 111-287, dated November 30, 2010, revised section 101(b)(1)(G).

Effective date

(a) In General - Except as provided in paragraph (b) below, the amendments made by Public Law 111-287 shall take effect on November 30, 2010.

(b) Exception - An alien who is described in section 101(b)(1)(G)(iii) of the Immigration and Nationality Act, as added by section 3 of Public Law 111-287, and who attained 18 years of age on or after April 1, 2008, shall be deemed to meet the age requirement specified in section 101(b)(1)(G)(iii)(III), if a petition for classification of the alien as an immediate relative under section 201(b) of the Immigration and Nationality Act (8 U.S.C. 1151(b)) is filed not later than 2 years after the date of the enactment of this Act (Public Law 111-287).

INA: ACT 101 FN 17b

FN 17b     Section 1503(a) of Public Law 106-386, dated October 28, 2000, added section 101(a)(50).

INA: ACT 101 FN 17bb

17bb     Section 811 of Public Law 109-162, dated January 5, 2006, amended section 101(a) of the Immigration and Nationality Act by adding paragraph (51).

INA: ACT 101 FN 17ab

FN 17ab     Section 805(d) of Public Law 109-162, dated January 5, 2006, amended section 101(b)(1)(E)(i) of the Immigration and Nationality Act.

INA: ACT 101 FN 18

FN 18     Amended by § 371 of IIRIRA , effective on date of enactment of IIRIRA.

INA: ACT 101 FN 18a

FN 18a     Section 101(c)(1) was amended by section 1(b)(1) of Public Law 106-139 , dated December 7, 1999.

INA: ACT 101 FN 18b

FN 18b     Section 5504 of Public law 108-458, amended section 101 by amending subparagraph (f)(8) and adding subparagraph (f)(9).

INA: ACT 101 FN 18c

FN 18c     Section 822(c)(1) of Public Law 109-162, dated January 5, 2006, amended section 101(f)(3) of the Immigration and Nationality Act.

Effective Date : The amendment made by section 822(c)(1) of Public Law 109-162 shall be effective as if included in section 603(a)(1) of the Immigration Act of 1990 (Public Law 101-649; 104 Stat. 5082).

INA: ACT FN 19

FN 19     Section 201(a)(1) of Public Law 106-395, date October 30, 2000, added a paragraph at the end of paragraph (f).

EFFECTIVE DATE -- The amendment made by section 201(a)(1) of Public Law 106-395, shall be effective as if included in the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-546) and shall apply to individuals having an application for a benefit under the Immigration and Nationality Act pending on or after September 30, 1996.

INA: ACT FN 20

FN 20     Section 107(e)(4) of Public Law 106-386, dated October 28, 2000, added subsection (i).

INA: ACT FN 21

FN 21         Section 501(a) of Public Law 109-13 amended section 101(a)(15)(E).

INA: ACT FN 22

FN 22     Section 801(c) of Public Law 109-162, dated January 5, 2006, amended section 101(i) of the Immigration and Nationality Act.

INA: ACT FN 23

FN23     Section 702(j)(1) of Public Law 110-229, amended section 101(a)(15)(D)(ii), by inserting `or the Commonwealth of the Northern Mariana Islands' after `Guam' each time such term appears

Section 702(j)(2) of Public Law 110-229, amended section 101(a)(36) by striking `and the Virgin Islands of the United States' and inserting `the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands'

Section 702(j)(3) of Public Law 110-229, amended section 101(a)(38) by striking `and the Virgin Islands of the United States' and inserting `the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands'

INA: FN 24

FN 24     Section 235(d)(1) of Public Law 110-457, dated December 23, 2008, made several amendments to section 101(a)(27)(J) of the Immigration and Nationality Act.

Expeditious Adjudication - All applications for special immigrant status under section 101(a)(27)(J) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)) shall be adjudicated by the Secretary of Homeland Security not later than 180 days after the date on which the application is filed.

INA: FN 25

FN 25     Section 568(a)(1) of Public Law 111-83, dated October 28, 2009, amended section 101(a)(27)(C)(ii)(II) and (III) by changing the date "September 30, 2009" to "September 30, 2012"

(2) STUDY AND PLAN- Not later than 180 days after October 28, 2009, the Director of United States Citizenship and Immigration Services shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives that includes -

(A) the results of a study conducted under the supervision of the Director to evaluate the Special Immigrant Nonminister Religious Worker Program to identify the risks of fraud and noncompliance by program participants; and

(B) a detailed plan that describes the actions to be taken by United States Citizenship and Immigration Services to improve the integrity of the program.

(3) PROGRESS REPORT- Not later than 240 days after the submission of the report under paragraph (2), the Director of United States Citizenship and Immigration Services shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives that describes the progress made in implementing the plan described in clause (a)(2)(B) of this section.

INA: ACT FN 26

FN 26     Section (a)(2) of Public Law 111-306, dated December 14, 2010, added subsection 101(a)(52).

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