INA: ACT 212 FN 1

FN1     The term "except as provided in subparagraph (C)" was added by Public Law 105-73 , dated November 12, 1997. Subparagraph (C) added by Public Law 105-73 .

INA: ACT 212 FN 1a

FN 1a     Clause (ii) added by IIRIRA § 341(a)(2) . Effective "with respect to applications for immigrant visas or for adjustment of status filed after September 30, 1996." IIRIRA § 341(c) .

INA: ACT212FN 1b

FN 1b     Section 305 of Public Law 110-293, dated July 30, 2008, amended section 212(a)(1)(A)(i) by striking ", which shall include infection with the etiologic agent for acquired immune deficiency syndrome," and inserting a semicolon.

INA: ACT 212 FN 2

FN 2     The terms "actually imposed" were deleted after this word by IIRIRA § 322(a)(2)(B) . Change applies to "convictions and sentences entered before, on, or after the date of the enactment of this Act. Subparagraphs (B) and (C) of section 240(c)(3) of the Immigration and Nationality Act, as inserted by section 304(a)(3) of [IIRIRA] , shall apply to proving such convictions."

INA: ACT 212 FN 2a

FN 2a     Section 212(a)(2)(C) is amended by section 809 of the Intelligence Authorization Act for Fiscal Year 2000, Public Law 106-120 , dated December 3, 1999.

INA: ACT 212 FN 2b

FN 2b     New subparagraph (G) added by section 604(a) of the International Religious Freedom Act of 1998, Pub. L. 105-292. This amendment shall apply to aliens seeking to enter the United States on or after October 27, 1998.

INA: ACT 212 FN 2bb

FN 2bb     Section 111(d) of Public Law 106-386, dated October 28, 2000, added section 212(a)(2)(H).

INA: ACT 212 FN 2bbb

FN 2bbb     New subparagraph (I) added by section 1006 of the USA Patriot Act, Public Law 107-56, dated October 26, 2001.

INA: ACT 212 FN 2c

FN 2c         Section 5502(a) of Public Law 108-458, amended section 212(a)(2) of the Act by revising subparagraph (G).

INA: ACT 212 FN 3

FN 3     Added by § 342 of IIRIRA , effective "on the date of the enactment of [IIRIRA] and shall apply to incitement regardless of when it occurs."

INA: ACT 212 FN 4

FN 4     Section 355 of IIRIRA added "which the alien knows or should have known is a terrorist organization" to this clause which was in turn added by § 411(1)(C) of AEDPA .

Section 212(a)(3)(B) was further amended by section 411(a)(1)(A) through (F) of the USA Patriot Act, Public Law 107-56, dated October 26, 2001. See section 411(c) of Public Law 107-56 for information concerning retroactive application of amendments.

INA: ACT 212 FN 4a

FN 4a     Section 103(a) of Public Law 109-13, revised section 212(a)(3)(B)(i). See section 103(d) for effective dates.

INA: ACT 212 FN 4b

FN 4b     Section 103(b) of Public Law 109-13, revised section 212(a)(3)(B)(iv). See section 103(d) for effective dates.

INA: ACT 212 FN 4c

FN 4c     Section 103(c) of Public Law 109-13, revised section 212(a)(3)(B)(vi). See section 103(d) for effective dates.

INA: ACT 212 FN 4d

FN 4d/     Section 691(c) of Public Law 110-161 , dated December 26, 2007, amended section 212(a)(3)(B)(ii) by striking 'Subclause (VII)' and inserting `Subclause (IX)'.

For purposes of section 212(a)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)), the Taliban shall be considered to be a terrorist organization described in subclause (I) of clause (vi) of that section.

EFFECTIVE DATE- The amendments made by this section shall take effect on the date of enactment of this section (December 26, 2007), and these shall apply to--

(1) removal proceedings instituted before, on, or after the date of enactment of this section; and

(2) acts and conditions constituting a ground for inadmissibility, excludability, deportation, or removal occurring or existing before, on, or after such date.

INA: ACT 212 FN 5

FN 5     Section 342 of IIRIRA added "documentation or", effective "on the date of the enactment of [IIRIRA] and shall apply to incitement regardless of when it occurs."

INA: ACT 212 FN 5a

FN 5a     Added by section 411(a)(1)(G) of the USA Patriot Act, Public Law 107-56, dated October 26, 2001. See section 411(c) of Public Law 107-56 for information concerning retroactive application of amendments. Amended by section 103(b) of Public Law 109-13, dated January 4, 2005.

INA: ACT 212 FN 5aa

FN 5aa     Added by section 411(a)(2) of the USA Patriot Act, Public Law 107-56, dated October 26, 2001. See section 411(c) of Public Law 107-56 for information concerning retroactive application of amendments.

INA: ACT 212 FN 5aaa

FN 5aaa     Section 5501(a) of Public Law 108-458 amended section 212(a)(3)(E) by:

(1) Striking in clause (ii) "has engaged in conduct that is defined as genocide for purposes of the International Convention on the Prevention and Punishment of Genocide is inadmissible" and inserting "ordered, incited, assisted, or otherwise participated in conduct outside the United States that would, if committed in the United States or by a United States national, be genocide, as defined in section 1091(a) of title 18, United States Code, is inadmissible";

(2) Adding a new clause (iii); and by

(3) Revising the subparagraph (E) heading by: striking "PARTICIPANTS IN NAZI PERSECUTION OR GENOCIDE" and inserting "PARTICIPANTS IN NAZI PERSECUTION, GENOCIDE, OR THE COMMISSION OF ANY ACT OF TORTURE OR EXTRAJUDICIAL KILLING".

Effective Date - The amendments made by this section 5501 shall apply to offenses committed before, on, or after the date of enactment of this Act (Public Law 108-458).

INA: ACT 212 FN 5ab

FN 5ab     Section 3(b) of Public Law 111-122, dated December 22, 2009, amended section 212(a)(3)(E)(ii) of the Immigration and Nationality Act by striking "conduct outside the United States that would, if committed in the United States or by a United States national, be"

Applicability - The amendments made by subsections (b), (c), and (d) of the Child Soldiers Accountability Act of 2008 ( Public Law 110-340 ) shall apply to offenses committed before, on, or after the date of the enactment of the Child Soldiers Accountability Act of 2008.

INA: ACT 212 FN 6

FN 6     Section 308(d)(1)(C) of IIRIRA changes the term "is excludable" to "is inadmissible". Section 531 of IIRIRA rewrites the entire paragraph using the term "is excludable". It is unclear which will prevail in final text. The amendments made by § 531 of IIRIRA "shall apply to applications submitted on or after such date, not earlier than 30 days and not later than 60 days after the date the Attorney General promulgates under section 551(c)(2) of [IIRIRA] a standard form for an affidavit of support, as the Attorney General shall specify, but subparagraphs (C) and (D) of section 212(a)(4) of the Immigration and Nationality Act, as so amended, shall not apply to applications with respect to which an official interview with an immigration officer was conducted before such effective date."

INA: ACT 212 FN 6a

FN 6a     Section 2(a)(2) of the Family Sponsor Immigration Act of 2002, Public Law 107-150, dated March 13, 2002, amended section 212(a)(4)(C)(ii) by striking "(including any additional sponsor required under section 213A(f))" and inserting "(and any additional sponsor required under section 213A(f) or any alternative sponsor permitted under paragraph (5)(B) of such section)"

EFFECTIVE DATE: The amendments made by subsection (a) shall apply with respect to deaths occurring before, on, or after the date of the enactment of this Act (Public Law 107-150, dated March 13, 2002), except that, in the case of a death occurring before such date, such amendments shall apply only if--

(1) the sponsored alien--

(A) requests the Attorney General to reinstate the classification petition that was filed with respect to the alien by the deceased and approved under section 204 of the Immigration and Nationality Act (8 U.S.C. 1154) before such death; and

(B) demonstrates that he or she is able to satisfy the requirement of section 212(a)(4)(C)(ii) of such Act (8 U.S.C. 1182(a)(4)(C)(ii)) by reason of such amendments; and

(2) the Attorney General reinstates such petition after making the determination described in section 213A(f)(5)(B)(ii) of such Act (as amended by subsection (a)(1) of this Act).

INA: ACT 212 FN 6aa

FN 6aa     Section 6(a) and (b) of Public Law 109-271, dated August 12, 2006, amended sections (a)(4)(C)(1), (a)(6)(A)(ii), (a)(9)(C)(ii), (g)(1), (h)(1), and (i)(1) of the Act.

INA: ACT 212 FN 7

FN 7     Added by § 624 of IIRIRA.

Section 106(c)(2) of Public Law 106-313, dated October 17, 2000, added subclause (iv).

INA: ACT 212 FN 7a

FN 7a     Section 4(a)(2) of Public Law 106-95, dated November 12, 1999, amended section 212(a)(5)(C) of the Immigration and Nationality Act.

INA: ACT 212 FN 8

FN 8     Subparagraphs (A) and (B) of section 212(a)(6) amended by § 301(c) (1)of IIRIRA . Section 301(c)(2) of IIRIRA provides: "Transition for battered spouse or child provision.-The requirements of subclauses (II) and (III) of section 212(a)(6)(A)(ii) of the Immigration and Nationality Act, as inserted by paragraph (1), shall not apply to an alien who demonstrates that the alien first arrived in the United States before the title III-A effective date (described in section 309(a))."

INA: ACT 212 FN 9

FN 9     Added by § 344(a) of IIRIRA , effective for "representations made on or after the date of enactment of [IIRIRA]." A subsequent amendment redesignating the section was made by § 532(d) of IIRIRA. Section 201(b)(2) of Public Law 106-395, dated October 30, 2000, amended section 212(a)(6)(C)(ii).

    EFFECTIVE DATES: The amendment made by section 201(b)(2) of Public Law 106-395, shall be effective as if included in the enactment of section 344 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-637) and shall apply to representations made on or after September 30, 1996. Such amendments shall apply to individuals in proceedings under the Immigration and Nationality Act on or after September 30, 1996.

INA: ACT 212 FN 10

FN 10     Amended by § 345 of IIRIRA , effective on the date of enactment of IIRIRA.

INA: ACT 212 FN 11

FN 11     Added by § 346 of IIRIRA , effective for "aliens 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 enactment of [IIRIRA], including aliens whose status as such a nonimmigrant is extended after the end of such period."

INA: ACT 212 FN 11a

FN11a     Section 101(b) of Public Law 106-396, dated October 30, 2000, amended section 212(a)(7)(B)(iv) by striking "pilot".

INA: ACT 212 FN 12

FN 12     Added by § 301(b)(1) of IIRIRA .

INA: ACT 212 FN 13

FN 13     Section 301(b)(3) of IIRIRA provides: "In applying section 212(a)(9)(B) of the Immigration and Nationality Act, as inserted by paragraph (1), no period before the title III- A effective date shall be included in a period of unlawful presence in the United States."

INA: ACT 212 FN 13a

FN 13a     Section 802(a) of Public Law 109-162, dated January 5, 2006, amended section 212(a)(9)(B)(iii) by adding clause (V).

INA: ACT 212 FN 14

FN 14     IMMACT, Public Law 101-649 (November 29, 1990).

INA: ACT 212 FN 14a

FN14a     Language inserted by section 1505(a) of Public Law 106-386, dated October 28, 2000.

INA: ACT 212 FN 15

FN 15     Former paragraph (9) redesignated as paragraph (10) by § 301(b) of IIRIRA .

INA: ACT 212 FN 16

FN 16     Amended by § 308(c)(2) of IIRIRA .

INA: ACT 212 FN 16a

FN16a     Section 2226(a) , Pub. L. 105-277, Title XXII, Chapter 2, Department of State Authorities and Activities, amends section 212(a)(10)(C) by revising clause (ii) and adding clause (iii). This amendment applies to aliens seeking admission to the United States on or after October 21, 1998.

INA: ACT 212 FN 17

FN 17     Added by § 347 of IIRIRA , applies to "voting occurring before, on, or after the date of enactment of [IIRIRA]." Section 201(b)(1) of Public Law 106-395, dated October 30, 2000, revised subparagraph (D).

    EFFECTIVE DATES: The amendment made by section 201(b)(1) of Public Law 106-395, shall be effective as if included in the enactment of section 347 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-638) and shall apply to voting occurring before, on, or after September 30, 1996.

INA: ACT 212 FN 18

FN 18     Added by § 352 of HR 2202, effective for "individuals who renounce United States citizenship on and after the date of the enactment of [HR 2202].

INA: ACT 212 FN 19

FN 19     The phrase "or ineligible for entry" is presumed to be struck from this sentence by § 308(d)(1)(F) but this section incorrectly attempts to strike the phrase in subsection "(b)(2)".

INA: ACT 212 FN 20

FN 20     Section 212(c) was repealed by section 304(b) of IIRIRA , effective on the title III-A effective date. However, section 306(d) of IIRIRA makes an amendment to AEDPA § 440(d) which in turn amends former INA § 212(c). The section as amended is shown here because it will be in effect during the transition period and for cases that fall under IIRIRA § 309(c) .

INA: ACT 212 FN 20a

FN 20a     Section 5503 of Public Law 108-458 amended section 212(d)(3)(A) and (B) of the Act by striking "and 3(E)" and inserting "and clauses (i) and (ii) of paragraph (3)(E)"

INA: ACT 212 FN 20b

FN 20b     Section 104 of Public Law 109-13, amended section 212(d)(3) by designating existing text as subparagraph(A) and by adding a new subparagraph(B).

INA: ACT 212 FN 20c

INA: ACT 212 FN 21

FN 21     Comma inserted by § 671(e) of IIRIRA .

INA: ACT 212 FN 22

FN 22     IIRIRA § 351 added the clarifying phrase "an individual who was at the time of the offense was" both here and in section 237(a)(1)(E)(iii) . Effective "for waivers filed before, on, or after the date of the enactment of [IIRIRA], but shall not apply to such an application for which a final determination has been made as of the date of the enactment of [IIRIRA]."

INA: ACT 212 FN 22a

FN 22a     Section 107(e)(3) of Public Law 106-386, dated October 28, 2000, added section 212(d)(13).

Section 4(b)(4) of the Trafficking Victims Protection Reauthorization Act of 2003, Public Law 108-193, dated December 19, 2003, further amended section 212(d)(13) (as added by section 107(e)(3)) by amending subparagraph(A),revising subparagraph(B)(i) and amending subparagraph (B)(ii).

INA: ACT 212 FN 22aa

FN 22aa     Section 1513(e) of Public Law 106-386, dated October 28, 2000, added section 212(d)(13). Note: there are now two paragraph (d)(13)s.

INA: ACT 212 FN 22ab

FN 22ab     Section 802(b) of Public Law 109-162, dated January 5, 2006, amended section 212(d)(13) and (14) of the Immigration and Nationality Act by striking "Attorney General" and inserting "Secretary of Homeland Security"

INA: ACT 212 FN 22aaa

FN 22aaa     Section 212(e) amended by striking "214(k)" to read "214(l)" (See section 11018(c) of the 21st Century Department of Justice Appropriations Authorization Act, Public Law 107-273, dated November 2, 2002).

The amendments made by this section 11018 shall take effect as if this Act (Public Law 107-273) were enacted on May 31, 2002.

INA: ACT 212 FN 22b

FN 22b     Section 8(a)(2) of the Trafficking Victims Protection Reauthorization Act of 2003 , Public Law 108-193, dated December 19, 2003, redesignated paragraph (13) that was added by section 1513(e) of Public Law 106-386, as paragraph (14).

INA: ACT 212 FN 23

FN 23     Added by § 124 of IIRIRA . (Regulations under this section must be issued, in proposed form, not later than 90 days after enactment of IIRIRA. )

INA: ACT 212 FN 24

FN 24     Amended substantially by § 341(b) of IIRIRA , effective with respect to applications for immigrant visas or for adjustment of status filed after September 30, 1996.

INA: ACT 212 FN 24a

FN24a     Section 212(g)(1)(C) added by section 1505(d)(3) of Public Law 106-386, dated October 28, 2000.

INA: ACT 212 FN 25

FN25     The last sentence of paragraph (1) and all of paragraphs (2) and (3) of this subsection were added by IIRIRA § 341(b) .

INA: ACT 212 FN 25a

FN25a     This last sentence was added by § 348 of IIRIRA , effective "on the date of enactment of [IIRIRA] and shall apply in the case of any alien who is in exclusion or deportation proceedings as of such date unless a final administrative order in such proceedings has been entered as of such date." IIRIRA § 308(g)(10) offers the following amendment to INA § 212(h): "(10) MISCELLANEOUS CROSS-REFERENCE CORRECTIONS FOR NEWLY ADDED PROVISIONS.-(A) Section 212(h), as amended by section 301(h) of this division, is amended by striking "section 212(c)" and inserting "paragraphs (1) and (2) of section 240A(a)". The amendment makes no sense since there is no section 301(h) in IIRIRA nor is the referenced text in section 212(h) of the INA.

INA: ACT 212 FN 25b

FN25b     Language inserted by section 1505(c)(1) of Public Law 106-386, dated October 28, 2000.

INA: ACT 212 FN 25c

FN25c     Section 1505(e) of Public Law 106-386, dated October 28, 2000, added section 212(h)(1)(C).

INA: ACT 212 FN 26

FN 26     Section 2(b) of Public Law 106-95, dated November 12, 1999, amended section 212(m) in its entirety.

INA: ACT 212 FN 26a

FN26a     Section 412(b)(2) , Pub. L. 105-277, under Division B - Emergency Supplemental Appropriations, Title IV - American Competitiveness and Workforce Improvement Act (ACWIA), amended section 212(n)(1) by stricking "a nonimmigrant described in section 101(a)(15)(H)(i)(b) " and inserting "an H-1B nonimmigrant". Effective October 21, 1998.

INA: ACT 212 FN 26b

FN26b     Section 412(c) , Pub. L. 105-277, ACWIA, amended section 212(n)(1)(C)(ii). Effective October 21, 1998.

INA: ACT 212 FN 27

FN27     Section 412(a)(1) , Pub. L. 105-277, ACWIA, added subparagraphs (E), (F), and (G) to section 212(n)(1). Apply to applications filed under section 212(n)(1) of the Act on or after the date final regulations are issued to carry out such amendments.

INA: ACT 212 FN 27a

FN27a     Section 107(a) of Public Law 106-313, dated October 17, 2000, changed the date from October 1, 2001, to October 1, 2003.

INA: ACT 212 FN 27b

FN 27b     Section 422(a) of Public Law 108-447 amended section 212(n)(1)(E)(ii) of the Act by striking 'October 1, 2003,'

INA: ACT 212 FN 28

FN 28     Section 412(a)(2) , Pub. L. 105-277, ACWIA, added undesignated paragraph at the end of 212(n)(1). Apply to applications filed under section 212(n)(1) of the Act on or after the date final regulations are issued to carry out such amendments.

INA: ACT 212 FN 29

FN 29     Section 412(a)(3) , Pub. L. 105-277, ACWIA, further amended section 212(n)(1) by adding an additional undesignated paragraph. Apply to applications filed under section 212(n)(1) of the Act on or after the date final regulations are issued to carry out such amendments.

INA: ACT 212 FN 29a

FN 29a     Section 413(b)(2) , Pub. L. 105-277, ACWIA, amended section 212(n)(2)(A) by striking "The Secretary" and inserting "Subject to paragraph (5)(A), the Secretary".

INA: ACT 212 FN 29b

FN 29b     Section 413(a) , Pub. L. 105-277, ACWIA, amended section 212(n)(2)(C).

INA: ACT 212 FN 29c

FN 29c     Section 413(c) , Pub. L. 105-277, ACWIA, amended section 212(n)(2) by adding paragraph (E).

INA: ACT 212 FN 29d

FN 29d     Section 413(d) , Pub. L. 105-277, ACWIA, amended section 212(n)(2) by adding paragraph (F).

INA: ACT 212 FN 29e

FN 29e     Section 413(e), Pub. L. 105-277, ACWIA, amended section 212(n)(2) by adding paragraph (G). This amendment would sunset on September 30, 2001. Section107(b) of Public Law 106-313 extended the sunset date to September 30, 2003.

INA: ACT 212 FN 29f

FN 29f     Section 413(f) , Pub. L. 105-277, ACWIA, amended section 212(n)(2) by adding paragraph (H).

INA: ACT 212 FN 29g

FN 29g     Section 424(a)(1) of Public Law 108-447, amended section 212(n)(2) of the Act by adding a paragraph (G).

Retroactive - The amendment made by section 424(a)(1) shall take effect as if enacted on October 1, 2003.

INA: ACT 212 FN 29h

FN 29h     Section 424(b)(1) of Public Law 108-447, redesignated paragraph (H) as (I).

INA: ACT 212 FN 29i

FN 29i         Section 424(b)(2) of Public Law 108-447, added paragraph (H).

INA: ACT 212 FN 30

FN 30     Section 412(b)(1) , Pub. L. 105-277, ACWIA, amended section 212(n) by adding additional paragraphs (3) and (4). Effective October 21, 1998.

INA: ACT 212 FN 30a

FN30a     Section 413(b)(1) , Pub. L. 105-277, ACWIA, further amended section 212(n) by adding additional paragraph (5).

INA: ACT 212 FN 31

FN31     Section 415 , Pub. L. 105-277, ACWIA, amended section 212 by adding paragraph (p).

Effective Date:     This amendment applies to prevailing wage computations made--

(1) for applications filed on or after the date of the enactment of this Act (October 21, 1998); and

(2) for applications filed before such date, but only to the extent that the computation is subject to an administrative or judicial determination that is not final as of such date.

INA: ACT 212 FN 31a

FN 31a     Section 402(c) of the United States - Chile Free Trade Agreement Implementation Act, Public Law 108-77, dated September 3, 2003, amended section 212(p)(1) by striking "(n)(1)(A)(i)(II) and (a)(5)(A)" and inserting "(a)(5)(A), (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II)

INA: ACT 212 FN 31b

FN 31b     Section 423 of Public Law 108-447 amended section 212(p) of the Act by adding subparagraphs (3) and (4)

INA: ACT 212 FN 32

FN 32     Section 431 , Pub. L. 105-277, ACWIA, amended section 212 by adding paragraph (q). This amendment applies to activities occurring on or after October 21, 1998.

INA: ACT 212 FN 33

FN 33     Section 4(a)(1) of Public Law 106-95, dated November 12, 1999, amended section 212 of the Immigration and Nationality Act by adding a new subsection (r).

INA: ACT 212 FN 34

FN 34     Section 1505(f) of Public Law 106-386, dated October 28, 2000, added paragraph (p). Note: There already exits a paragraph (p) which was added by section 415 , Pub. L. 105- 277.

Section 402(c) of the United States - Chile Free Trade Agreement Implementation Act, Public Law 108-77, dated September 3, 2003, redesignated paragraph (p) as added by section 1505(f) of Public Law 106-386, as paragraph (s).

INA: ACT 212 FN 35

FN 35     Section 402(b)(2) of the United States - Chile Free Trade Agreement Implementation Act, Public Law 108-77, dated September 3, 2003, added new paragraph (t).

INA: ACT 212 FN 36

FN 36     Section 1(b)(2)(B) of Public Law 108-449, dated December 10, 2004, added a second paragraph (t). There are now two paragraphs (t).

INA: ACT 212 FN 37

FN 37     Section 501(d) of Public Law 109-13 amended section 212(t), that was added by Section 402(b)(2) of the United States - Chile Free Trade Agreement Implementation Act, Public Law 107-77 (see footnote 35).

INA: ACT 212 FN 38

    Effective Date: Amendments to the Immigration and Nationality Act- The amendments to the Immigration and Nationality Act made by this subtitle, and other provisions of this subtitle applying the immigration laws (as defined in section 101(a)(17) of Immigration and Nationality Act (8 U.S.C. 1101(a)(17))) to the Commonwealth, shall take effect on the transition program effective date described in section 6 of Public Law 94-241 (as added by section 702(a) ), unless specifically provided otherwise in this subtitle.

INA: ACT 212 FN 41

INA: ACT 212 FN 42