§ 1186a. Conditional permanent resident status for certain alien spouses and sons and daughters

Footnotes

1. 1 So in original. Probably should be “subsection”.
2. 2 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1952

   Immigration Marriage Fraud Amendments of 1986

   Pub. L. 99–639 § 2(a) · 100 Stat. 3537

   Enacted · 8 U.S.C. § 1186a

   June 27, 1952, ch. 477, title II, ch. 2, § 216, as added Pub. L. 99–639, § 2(a), Nov. 10, 1986, 100 Stat. 3537

   Source evidence

   Code source credit
   June 27, 1952, ch. 477, title II, ch. 2, § 216, as added Pub. L. 99–639, § 2(a), Nov. 10, 1986, 100 Stat. 3537

   Enacted provision · exact public law section
   (a) Conditional Basis for Permanent Resident Status Based on Recent Marriage.— Chapter 2 of title II of the Immigration and Nationality Act is amended by adding at the end the following new section: “Sec. 216. “conditional permanent resident status for certain alien spouses and sons and daughters (a) In General.— “(1) Conditional basis for status.— Notwithstanding any other provision of this Act, an alien spouse (as defined in subsection (g)(1)) and an alien son or daughter (as defined in subsection (g)(2)) shall be considered, at the time of obtaining the status of an alien lawfully admitted for permanent residence, to have obtained such status on a conditional basis subject to the provisions of this section. “(2) Notice of requirements.— “(A) At time of obtaining permanent residence.— At the time an alien spouse or alien son or daughter obtains permanent resident status on a conditional basis under paragraph (1), the Attorney General shall provide for notice to such a spouse, son, or daughter respecting the provisions of this section and the requirements of subsection (c)(1) to have the conditional basis of such status removed. “(B) At time of required petition.— In addition, the Attorney General shall attempt to provide notice to such a spouse, son, or daughter, at or about the beginning of the 90-day period described in subsection (d)(2)(A), of the requirements of subsections (c)(1). “(C) Effect of failure to provide notice.— The failure of the Attorney General to provide a notice under this paragraph shall not affect the enforcement of the provisions of this section with respect to such a spouse, son, or daughter. “(b) Termination of Status if Finding that Qualifying Marriage Improper.— “(1) In general.— In the case of an alien with permanent resident status on a conditional basis under subsection (a), if the Attorney General determines, before the second anniversary of the alien’s obtaining the status of lawful admission for permanent residence, that— “(A) the qualifying marriage— “(i) was entered into for the purpose of procuring an alien’s entry as an immigrant, or “(ii) has been judicially annulled or terminated, other than through the death of a spouse; or “(B) a fee or other consideration was given (other than a fee or other consideration to an attorney for assistance in preparation of a lawful petition) for the filing of a petition 8 USC 1154; post, p. 3542. under section 204(a) or 214(d) with respect to the alien; the Attorney General shall so notify the parties involved and, subject to paragraph (2), shall terminate the permanent resident status of the alien (or aliens) involved as of the date of the determination. “(2) Hearing in deportation proceeding.— Any alien whose permanent resident status is terminated under paragraph (1) may request a review of such determination in a proceeding to deport the alien. In such proceeding, the burden of proof shall be on the Attorney General to establish, by a preponderance of the evidence, that a condition described in paragraph (1) is met. “(c) Requirements of Timely Petition and Interview for Removal of Condition.— “(1) In general.— In order for the conditional basis established under subsection (a) for an alien spouse or an alien son or daughter to be removed— “(A) the alien spouse and the petitioning spouse (if not deceased) jointly must submit to the Attorney General, during the period described in subsection (d)(2), a petition which requests the removal of such conditional basis and which states, under penalty of perjury, the facts and information described in subsection (d)(1), and “(B) in accordance with subsection (d)(3), the alien spouse and the petitioning spouse (if not deceased) must appear for a personal interview before an officer or employee of the Service respecting the facts and information described in subsection (d)(1). “(2) Termination of permanent resident status for failure to file petition or have personal interview.— “(A) In general.— In the case of an alien with permanent resident status on a conditional basis under subsection (a), if— “(i) no petition is filed with respect to the alien in accordance with the provisions of paragraph (1)(A), or “(ii) unless there is good cause shown, the alien spouse and petitioning spouse fail to appear at the interview described in paragraph (1)(B), the Attorney General shall terminate the permanent resident status of the alien as of the second anniversary of the alien’s lawful admission for permanent residence. “(B) Hearing in deportation proceeding.— In any deportation proceeding with respect to an alien whose permanent resident status is terminated under subparagraph (A), the burden of proof shall be on the alien to establish compliance with the conditions of paragraphs (1)(A) and (1)(B). “(3) Determination after petition and interview.— “(A) In general.— If— “(i) a petition is filed in accordance with the provisions of paragraph (1)(A), and “(ii) the alien spouse and petitioning spouse appear at the interview described in paragraph (1)(B), the Attorney General shall make a determination, within 90-days of the date of the interview, as to whether the facts and information described in subsection (d)(1) and alleged in the petition are true with respect to the qualifying marriage. “(B) Removal of conditional basis if favorable determination.— If the Attorney General determines that such facts and information are true, the Attorney General shall so notify the parties involved and shall remove the conditional basis of the parties effective as of the second anniversary of the alien’s obtaining the status of lawful admission for permanent residence. “(C) Termination if adverse determination.— If the Attorney General determines that such facts and information are not true, the Attorney General shall so notify the parties involved and, subject to subparagraph (D), shall terminate the permanent resident status of an alien spouse or an alien son or daughter as of the date of the determination. “(D) Hearing in deportation proceeding.— Any alien whose permanent resident status is terminated under subparagraph (C) may request a review of such determination in a proceeding to deport the alien. In such proceeding, the burden of proof shall be on the Attorney General to establish, by a preponderance of the evidence, that the facts and information described in subsection (d)(1) and alleged in the petition are not true with respect to the qualifying marriage. “(4) Hardship waiver.— The Attorney General, in the Attorney General’s discretion, may remove the conditional basis of the permanent resident status for an alien who fails to meet the requirements of paragraph (1) if the alien demonstrates that— “(A) extreme hardship would result if such alien is deported, or “(B) the qualifying marriage was entered into in good faith by the alien spouse, but the qualifying marriage has been terminated (other than through the death of the spouse) by the alien spouse for good cause and the alien was not at fault in failing to meet the requirements of paragraph (1). In determining extreme hardship, the Attorney General shall consider circumstances occurring only during the period that the alien was admitted for permanent residence on a conditional basis. “(d) Details of Petition and Interview.— “(1) Contents of petition.— Each petition under subsection (c)(1)(A) shall contain the following facts and information: “(A) Statement of proper marriage and petitioning process.— The facts are that— “(i) the qualifying marriage— “(I) was entered into in accordance with the laws of the place where the marriage took place, “(II) has not been judicially annulled or terminated, other than through the death of a spouse, and “(III) was not entered into for the purpose of procuring an alien’s entry as an immigrant; and “(ii) no fee or other consideration was given (other than a fee or other consideration to an attorney for assistance in preparation of a lawful petition) for the 8 USC 1154; post, p. 3542. filing of a petition under section 204(a) or 214(d) with respect to the alien spouse or alien son or daughter. “(B) Statement of additional information.— The information is a statement of— “(i) the actual residence of each party to the qualifying marriage since the date the alien spouse obtained permanent resident status on a conditional basis under subsection (a), and “(ii) the place of employment (if any) of each such party since such date, and the name of the employer of such party. “(2) Period for filing petition.— “(A) 90-day period before second anniversary.— Except as provided in subparagraph (B), the petition under subsection (c)(1)(A) must be filed during the 90-day period before the second anniversary of the alien’s obtaining the status of lawful admission for permanent residence. “(B) Date petitions for good cause.— Such a petition may be considered if filed after such date, but only if the alien establishes to the satisfaction of the Attorney General good cause and extenuating circumstances for failure to file the petition during the period described in subparagraph (A). “(C) Filing of petitions during deportation.— In the case of an alien who is the subject of deportation hearings as a result of failure to file a petition on a timely basis in accordance with subparagraph (A), the Attorney General may stay such deportation proceedings against an alien pending the filing of the petition under subparagraph (B). “(3) Personal interview.— The interview under subsection (c)(1)(B) shall be conducted within 90 days after the date of submitting a petition under subsection (c)(1)(A) and at a local office of the Service, designated by the Attorney General, which is convenient to the parties involved. The Attorney General, in the Attorney General’s discretion, may waive the deadline for such an interview or the requirement for such an interview in such cases as may be appropriate. “(e) Treatment of Period for Purposes of Naturalization.— 8 USC 1401. For purposes of title III, in the case of an alien who is in the United States as a lawful permanent resident on a conditional basis under this section, the alien shall be considered to have been admitted as an alien lawfully admitted for permanent residence and to be in the United States as an alien lawfully admitted to the United States for permanent residence. “(f) Treatment of Certain Waivers.— In the case of an alien who has permanent residence status on a conditional basis under this section, if, in order to obtain such status, the alien obtained a waiver under subsection (h) or (i) of section 212 of certain grounds of 8 USC 1182. exclusion, such waiver terminates upon the termination of such permanent residence status under this section. “(g) Definitions.— In this section: “(1) The term ‘alien spouse’ means an alien who obtains the status of an alien lawfully admitted for permanent residence (whether on a conditional basis or otherwise)— “(A) as an immediate relative (described in section 201(b)) 8 USC 1151. as the spouse of a citizen of the United States, “(B) under section 214(d) as the fiancee or fiance of a Post, p. 3542. citizen of the United States, or “(C) under section 203(a)(2) as the spouse of an alien 8 USC 1153. lawfully admitted for permanent residence, by virtue of a marriage which was entered into less than 24 months before the date the alien obtains such status by virtue of such marriage, but does not include such an alien who only obtains such status as a result of section 203(a)(8). “(2) The term ‘alien son or daughter’ means an alien who obtains the status of an alien lawfully admitted for permanent residence (whether on a conditional basis or otherwise) by virtue of being the son or daughter of an individual through a qualifying marriage. “(3) The term ‘qualifying marriage’ means the marriage described to in paragraph (1). “(4) The term ‘petitioning spouse’ means the spouse of a qualifying marriage, other than the alien.”.

2. 1988

   Immigration Technical Corrections Act of 1988

   Pub. L. 100–525 § 7(a)(1) · 102 Stat. 2609

   Changed · 8 U.S.C. § 1186a

   Pub. L. 100–525, § 7(a)(1), made technical amendment to directory language of Pub. L. 99–639, § 2(a), which enacted this section

   Source evidence

   Code amendment note
   Pub. L. 100–525, § 7(a)(1), made technical amendment to directory language of Pub. L. 99–639, § 2(a), which enacted this section.

   Enacted provision · exact public law section
   (1) in subsection (a), by striking “adding at the end” and inserting “inserting after section 215”, and

3. 1988

   Immigration Technical Corrections Act of 1988

   Pub. L. 100–525 § 7(a)(2) · 102 Stat. 2609

   Substituted · 8 U.S.C. § 1186a(c)(3)(A)

   Pub. L. 100–525, § 7(a)(2), substituted “90 days” for “90-days”

   Source evidence

   Code amendment note
   Subsec. (c)(3)(A). Pub. L. 100–525, § 7(a)(2), substituted “90 days” for “90-days”.

   Enacted provision · exact public law section
   (2) in subsection (c)(3)(A) of the section added by subsection (a), by striking “90-days” and inserting “90 days”.

4. 1990

   Immigration Act of 1990

   Pub. L. 101–649 title VII § 701(a) · 104 Stat. 4978

   1. Struck · 8 U.S.C. § 1186a(c)(4)

      Pub. L. 101–649 struck out “or” at end of subpar. (A)

   2. Struck · 8 U.S.C. § 1186a(c)(4)

      Pub. L. 101–649 struck out “by the alien spouse for good cause” after “death of the spouse)”

   3. Substituted · 8 U.S.C. § 1186a(c)(4)

      Pub. L. 101–649 substituted “, or” for period at end of subpar. (B)

   4. Added · 8 U.S.C. § 1186a(c)(4)

      Pub. L. 101–649 added subpar. (C)

   5. Inserted · 8 U.S.C. § 1186a(c)(4)

      Pub. L. 101–649 inserted at end “The Attorney General shall, by regulation, establish measures to protect the confidentiality of information concerning any abused alien spouse or child, including information regarding the whereabouts of such spouse or child.”

   Source evidence

   Code amendment note
   Subsec. (c)(4). Pub. L. 101–649 struck out “or” at end of subpar. (A), struck out “by the alien spouse for good cause” after “death of the spouse)” and substituted “, or” for period at end of subpar. (B), added subpar. (C), and inserted at end “The Attorney General shall, by regulation, establish measures to protect the confidentiality of information concerning any abused alien spouse or child, including information regarding the whereabouts of such spouse or child.”

   Enacted provision · exact public law section
   (a) In General.— Section 216(c)(4) (8 U.S.C. 1186a(c)(4)) is amended— (1) by striking “or” at the end of subparagraph (A); (2) in subparagraph (B), by striking “by the alien spouse for good cause”; (3) in subparagraph (B), by striking the period at the end and inserting “, or”; (4) by inserting after subparagraph (B) the following new subparagraph: “(C) the qualifying marriage was entered into in good faith by the alien spouse and during the marriage the alien spouse or child was battered by or was the subject of extreme cruelty perpetrated by his or her spouse or citizen or permanent resident parent and the alien was not at fault in failing to meet the requirements of paragraph (1).”; and (5) by adding at the end the following: “The Attorney General Regulations. shall, by regulation, establish measures to protect the confidentiality of information concerning any abused alien spouse or child, including information regarding the whereabouts of such spouse or child.”.

5. 1991

   Pub. L. 102–232 title III § 302(e)(8)(B) · 105 Stat. 1733

   Substituted · 8 U.S.C. § 1186a(g)(1)

   Pub. L. 102–232 substituted “section 1153(d)” for “section 1153(a)(8)” in closing provisions

   Source evidence

   Code amendment note
   Subsec. (g)(1). Pub. L. 102–232 substituted “section 1153(d)” for “section 1153(a)(8)” in closing provisions.

   Enacted provision · exact public law section
   (B) section 216(g)(l) of the INA is amended by striking 8 USC 1186a. “203(a)(8)” and inserting “203(d)”; and

6. 1994

   Violence Against Women Act of 1994

   Pub. L. 103–322 title IV § 40702(a) · 108 Stat. 1796

   Inserted · 8 U.S.C. § 1186a(c)(4)

   Pub. L. 103–322 inserted after second sentence “In acting on applications under this paragraph, the Attorney General shall consider any credible evidence relevant to the application. The determination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of the Attorney General.”

   Source evidence

   Code amendment note
   Subsec. (c)(4). Pub. L. 103–322 inserted after second sentence “In acting on applications under this paragraph, the Attorney General shall consider any credible evidence relevant to the application. The determination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of the Attorney General.”

   Enacted provision · exact public law section
   (a) In General.— Section 216(c)(4) of the Immigration and Nationality Act (8 U.S.C. 1186a(c)(4)) is amended by inserting after the second sentence the following: “In acting on applications under this paragraph, the Attorney General shall consider any credible evidence relevant to the application. The determination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of the Attorney General.”.

7. 1996

   Department of Education Appropriations Act, 1997

   Pub. L. 104–208 § 308(f)(1)(I) · 110 Stat. 3009

   Substituted · 8 U.S.C. § 1186a(b)(1)(A)(i)

   Pub. L. 104–208, § 308(f)(1)(I), substituted “admission” for “entry”

   Source evidence

   Code amendment note
   Subsec. (b)(1)(A)(i). Pub. L. 104–208, § 308(f)(1)(I), substituted “admission” for “entry”.

   Enacted provision · exact public law section
   Sec. 308. None of the funds in this Act may be used to plan, prepare, or offer for sale timber from trees classified as giant sequoia (Sequoiadendron giganteum) which are located on National Forest System or Bureau of Land Management lands in a manner different than such sales were conducted in fiscal year 1995.

8. 1996

   Department of Education Appropriations Act, 1997

   Pub. L. 104–208 § 308(e)(7) · 110 Stat. 3009

   1. Substituted · 8 U.S.C. § 1186a(b)(2)

      Pub. L. 104–208, § 308(e)(7), substituted “removal” for “deportation” in text

   2. Substituted · 8 U.S.C. § 1186a(b)(2)

      Pub. L. 104–208, § 308(e)(7), substituted “remove” for “deport” in text

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 104–208, § 308(e)(7), substituted “removal” for “deportation” in heading and “remove” for “deport” in text.

   Enacted provision · exact public law section
   Sec. 308. None of the funds in this Act may be used to plan, prepare, or offer for sale timber from trees classified as giant sequoia (Sequoiadendron giganteum) which are located on National Forest System or Bureau of Land Management lands in a manner different than such sales were conducted in fiscal year 1995.

9. 1996

   Department of Education Appropriations Act, 1997

   Pub. L. 104–208 § 308(e)(7) · 110 Stat. 3009

   Substituted · 8 U.S.C. § 1186a(c)(2)(B)

   Pub. L. 104–208, § 308(e)(7), substituted “removal” for “deportation” in heading and text

   Source evidence

   Code amendment note
   Subsec. (c)(2)(B). Pub. L. 104–208, § 308(e)(7), substituted “removal” for “deportation” in heading and text.

   Enacted provision · exact public law section
   Sec. 308. None of the funds in this Act may be used to plan, prepare, or offer for sale timber from trees classified as giant sequoia (Sequoiadendron giganteum) which are located on National Forest System or Bureau of Land Management lands in a manner different than such sales were conducted in fiscal year 1995.

10. 1996

    Department of Education Appropriations Act, 1997

    Pub. L. 104–208 § 308(e)(7) · 110 Stat. 3009

    1. Substituted · 8 U.S.C. § 1186a(c)(3)(D)

       Pub. L. 104–208, § 308(e)(7), substituted “removal” for “deportation” in text

    2. Substituted · 8 U.S.C. § 1186a(c)(3)(D)

       Pub. L. 104–208, § 308(e)(7), substituted “remove” for “deport” in text

    Source evidence

    Code amendment note
    Subsec. (c)(3)(D). Pub. L. 104–208, § 308(e)(7), substituted “removal” for “deportation” in heading and “remove” for “deport” in text.

    Enacted provision · exact public law section
    Sec. 308. None of the funds in this Act may be used to plan, prepare, or offer for sale timber from trees classified as giant sequoia (Sequoiadendron giganteum) which are located on National Forest System or Bureau of Land Management lands in a manner different than such sales were conducted in fiscal year 1995.

11. 1996

    Department of Education Appropriations Act, 1997

    Pub. L. 104–208 § 308(e)(7) · 110 Stat. 3009

    Substituted · 8 U.S.C. § 1186a(c)(4)(A)

    Pub. L. 104–208, § 308(e)(7), substituted “removed” for “deported”

    Source evidence

    Code amendment note
    Subsec. (c)(4)(A). Pub. L. 104–208, § 308(e)(7), substituted “removed” for “deported”.

    Enacted provision · exact public law section
    Sec. 308. None of the funds in this Act may be used to plan, prepare, or offer for sale timber from trees classified as giant sequoia (Sequoiadendron giganteum) which are located on National Forest System or Bureau of Land Management lands in a manner different than such sales were conducted in fiscal year 1995.

12. 1996

    Department of Education Appropriations Act, 1997

    Pub. L. 104–208 § 308(f)(1)(J) · 110 Stat. 3009

    Substituted · 8 U.S.C. § 1186a(d)(1)(A)(i)(III)

    Pub. L. 104–208, § 308(f)(1)(J), substituted “admission” for “entry”

    Source evidence

    Code amendment note
    Subsec. (d)(1)(A)(i)(III). Pub. L. 104–208, § 308(f)(1)(J), substituted “admission” for “entry”.

    Enacted provision · exact public law section
    Sec. 308. None of the funds in this Act may be used to plan, prepare, or offer for sale timber from trees classified as giant sequoia (Sequoiadendron giganteum) which are located on National Forest System or Bureau of Land Management lands in a manner different than such sales were conducted in fiscal year 1995.

13. 1996

    Department of Education Appropriations Act, 1997

    Pub. L. 104–208 § 308(e)(7) · 110 Stat. 3009

    Substituted · 8 U.S.C. § 1186a(d)(2)(C)

    Pub. L. 104–208, § 308(e)(7), substituted “removal” for “deportation” wherever appearing in heading and text

    Source evidence

    Code amendment note
    Subsec. (d)(2)(C). Pub. L. 104–208, § 308(e)(7), substituted “removal” for “deportation” wherever appearing in heading and text.

    Enacted provision · exact public law section
    Sec. 308. None of the funds in this Act may be used to plan, prepare, or offer for sale timber from trees classified as giant sequoia (Sequoiadendron giganteum) which are located on National Forest System or Bureau of Land Management lands in a manner different than such sales were conducted in fiscal year 1995.

14. 1996

    Department of Education Appropriations Act, 1997

    Pub. L. 104–208 § 308(d)(4)(E) · 110 Stat. 3009

    Substituted · 8 U.S.C. § 1186a(f)

    Pub. L. 104–208, § 308(d)(4)(E), substituted “inadmissibility” for “exclusion”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 104–208, § 308(d)(4)(E), substituted “inadmissibility” for “exclusion”.

    Enacted provision · exact public law section
    Sec. 308. None of the funds in this Act may be used to plan, prepare, or offer for sale timber from trees classified as giant sequoia (Sequoiadendron giganteum) which are located on National Forest System or Bureau of Land Management lands in a manner different than such sales were conducted in fiscal year 1995.

15. 2000

    Pub. L. 106–553 § 1(a)(2)(tXI)(s1103)(c)(2) · 114 Stat. 2762

    Substituted · 8 U.S.C. § 1186a(b)(1)(B); 8 U.S.C. § 1186a(d)(1)(A)(ii)

    Pub. L. 106–553 substituted “section 1154(a) of this title or subsection (d) or (p) of section 1184 of this title” for “section 1154(a) or 1184(d) of this title”

    Source evidence

    Code amendment note
    Subsecs. (b)(1)(B), (d)(1)(A)(ii). Pub. L. 106–553 substituted “section 1154(a) of this title or subsection (d) or (p) of section 1184 of this title” for “section 1154(a) or 1184(d) of this title”.

    Enacted provision · exact public law section
    (2) H.R. 5548, as introduced on October 25, 2000.

    Effective date note
    Amendment by Pub. L. 106–553 effective Dec. 21, 2000, and applicable to alien who is beneficiary of classification petition filed under section 1154 of this title before, on, or after Dec. 21, 2000, see section 1(a)(2) [title XI, § 1103(d)] of Pub. L. 106–553, set out as a note under section 1101 of this title.

16. 2011

    Pub. L. 112–58 § 1(b)(2)(B) · 125 Stat. 747

    Substituted · 8 U.S.C. § 1186a

    Pub. L. 112–58, § 1(b)(2)(B), substituted “Secretary of Homeland Security” for “Attorney General” wherever appearing except in subsec. (g)(2)

    Source evidence

    Code amendment note
    Pub. L. 112–58, § 1(b)(2)(B), substituted “Secretary of Homeland Security” for “Attorney General” wherever appearing except in subsec. (g)(2).

    Enacted provision · exact public law section
    (B) by striking “Attorney General” each place such term appears and inserting “Secretary of Homeland Security”; and

17. 2011

    Pub. L. 112–58 § 1(b)(1) · 125 Stat. 747

    1. Substituted · 8 U.S.C. § 1186a(a)(1)

       Pub. L. 112–58, § 1(b)(1), substituted “(h)(1))” for “(g)(1))”

    2. Substituted · 8 U.S.C. § 1186a(a)(1)

       Pub. L. 112–58, § 1(b)(1), substituted “(h)(2))” for “(g)(2))”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 112–58, § 1(b)(1), substituted “(h)(1))” for “(g)(1))” and “(h)(2))” for “(g)(2))”.

    Enacted provision · exact public law section
    (1) In general.— Section 216(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1186a(a)(1)) is amended— (A) by striking “(g)(1))” and inserting “(h)(1))”; and (B) by striking “(g)(2))” and inserting “(h)(2))”.

18. 2011

    Pub. L. 112–58 § 1(b)(2)(C) · 125 Stat. 747

    Substituted · 8 U.S.C. § 1186a(c)(1)(B)

    Pub. L. 112–58, § 1(b)(2)(C), substituted “Department of Homeland Security” for “Service”

    Source evidence

    Code amendment note
    Subsec. (c)(1)(B). Pub. L. 112–58, § 1(b)(2)(C), substituted “Department of Homeland Security” for “Service”.

    Enacted provision · exact public law section
    (C) in subsections (c)(1)(B) and (d)(3), by striking “Service” and inserting “Department of Homeland Security”.

19. 2011

    Pub. L. 112–58 § 1(b)(2)(A) · 125 Stat. 747

    1. Substituted · 8 U.S.C. § 1186a(d)(3)

       Pub. L. 112–58, § 1(b)(2)(A), (C), substituted “Department of Homeland Security” for “Service”

    2. Substituted · 8 U.S.C. § 1186a(d)(3)

       Pub. L. 112–58, § 1(b)(2)(A), (C), substituted “Secretary’s” for “Attorney General’s”

    Source evidence

    Code amendment note
    Subsec. (d)(3). Pub. L. 112–58, § 1(b)(2)(A), (C), substituted “Department of Homeland Security” for “Service” and “Secretary’s” for “Attorney General’s”.

    Enacted provision · exact public law section
    (A) in subsection (d)(3), by striking “Attorney General’s” and inserting “Secretary’s”;

20. 2011

    Pub. L. 112–58 § 1(a) · 125 Stat. 747

    1. Added · 8 U.S.C. § 1186a(g); 8 U.S.C. § 1186a(h)

       Pub. L. 112–58, § 1(a), added subsec. (g)

    2. Redesignated · 8 U.S.C. § 1186a(g); 8 U.S.C. § 1186a(h)

       Pub. L. 112–58, § 1(a), redesignated former subsec. (g) as (h)

    Source evidence

    Code amendment note
    Subsecs. (g), (h). Pub. L. 112–58, § 1(a), added subsec. (g) and redesignated former subsec. (g) as (h).

    Enacted provision · exact public law section
    (a) In General.— Section 216 of the Immigration and Nationality Act (8 U.S.C. 1186a) is amended— (1) by redesignating subsection (g) as subsection (h); and (2) by inserting after subsection (f) the following: “(g) Service in Armed Forces.— “(1) Filing petition.— The 90-day period described in subsection (d)(2)(A) shall be tolled during any period of time in which the alien spouse or petitioning spouse is a member of the Armed Forces of the United States and serving abroad in an active-duty status in the Armed Forces, except that, at the option of the petitioners, the petition may be filed during such active-duty service at any time after the commencement of such 90-day period. “(2) Personal interview.— The 90-day period described in the first sentence of subsection (d)(3) shall be tolled during any period of time in which the alien spouse or petitioning spouse is a member of the Armed Forces of the United States and serving abroad in an active-duty status in the Armed Forces, except that nothing in this paragraph shall be construed to prohibit the Secretary of Homeland Security from waiving the requirement for an interview under subsection (c)(1)(B) pursuant to the Secretary’s authority under the second sentence of subsection (d)(3).” .

21. 2013

    Violence Against Women Reauthorization Act of 2013

    Pub. L. 113–4 § 806(b)(2) · 127 Stat. 54

    1. Substituted · 8 U.S.C. § 1186a(c)(4)

       Pub. L. 113–4, § 806(b)(2), which, in concluding provisions, directed the substitution of “Secretary of Homeland Security” for “Attorney General” in the second to fourth sentences, could not be executed because of the prior amendment by Pub. L. 112–58, § 1(b)(2)(B). See 2011 Amendment note below

    2. Substituted · 8 U.S.C. § 1186a(c)(4)

       Pub. L. 113–4, § 806(b)(2), which, in concluding provisions, directed the substitution of “Secretary” for “Attorney General” in the second to fourth sentences, could not be executed because of the prior amendment by Pub. L. 112–58, § 1(b)(2)(B). See 2011 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (c)(4). Pub. L. 113–4, § 806(b)(2), which, in concluding provisions, directed the substitution of “Secretary of Homeland Security” for “Attorney General” in the first sentence and “Secretary” for “Attorney General” in the second to fourth sentences, could not be executed because of the prior amendment by Pub. L. 112–58, § 1(b)(2)(B). See 2011 Amendment note below.

    Enacted provision · exact public law section
    (2) in the undesignated paragraph at the end— (A) in the first sentence, by striking “Attorney General” and inserting “Secretary of Homeland Security”; (B) in the second sentence, by striking “Attorney General” and inserting “Secretary”; (C) in the third sentence, by striking “Attorney General.” and inserting “Secretary.”; and (D) in the fourth sentence, by striking “Attorney General” and inserting “Secretary”.

22. 2013

    Violence Against Women Reauthorization Act of 2013

    Pub. L. 113–4 § 806(b)(1) · 127 Stat. 54

    Substituted · 8 U.S.C. § 1186a(c)(4)

    Pub. L. 113–4, § 806(b)(1), which directed the substitution of “The Secretary of Homeland Security, in the Secretary’s” for “The Attorney General, in the Attorney General’s” in introductory provisions, was executed by making the substitution for “The Secretary of Homeland Security, in the Attorney General’s”, to reflect the probable intent of Congress and the prior amendment by Pub. L. 112–58, § 1(b)(2)(B). See 2011 Amendment note below

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 113–4, § 806(b)(1), which directed the substitution of “The Secretary of Homeland Security, in the Secretary’s” for “The Attorney General, in the Attorney General’s” in introductory provisions, was executed by making the substitution for “The Secretary of Homeland Security, in the Attorney General’s”, to reflect the probable intent of Congress and the prior amendment by Pub. L. 112–58, § 1(b)(2)(B). See 2011 Amendment note below.

    Enacted provision · exact public law section
    (1) in the matter preceding subparagraph (A), by striking “The Attorney General, in the Attorney General’s” and inserting “The Secretary of Homeland Security, in the Secretary’s”; and

23. 2013

    Violence Against Women Reauthorization Act of 2013

    Pub. L. 113–4 § 806(a) · 127 Stat. 54

    Added · 8 U.S.C. § 1186a(c)(4)(D)

    Pub. L. 113–4, § 806(a), added subpar. (D)

    Source evidence

    Code amendment note
    Subsec. (c)(4)(D). Pub. L. 113–4, § 806(a), added subpar. (D).

    Enacted provision · exact public law section
    (a) In General.— Section 216(c)(4) of the Immigration and Nationality Act (8 U.S.C. 1186a(c)(4)) is amended— (1) in subparagraph (A), by striking the comma at the end and inserting a semicolon; (2) in subparagraph (B), by striking “(1), or” and inserting “(1); or”; (3) in subparagraph (C), by striking the period at the end and inserting a semicolon and “or”; and (4) by inserting after subparagraph (C) the following: “(D) the alien meets the requirements under section 204(a)(1)(A)(iii)(II)(aa)(BB) and following the marriage ceremony was battered by or subject to extreme cruelty perpetrated by the alien’s intended spouse and was not at fault in failing to meet the requirements of paragraph (1).” .

33 of 33 references resolved to an enrolled provision