Source
(June 27, 1952, ch. 477, title II, ch. 2, § 216, as added Pub. L. 99–639, § 2(a), Nov. 10, 1986, 100 Stat. 3537; amended Pub. L. 100–525, § 7(a), Oct. 24, 1988, 102 Stat. 2616; Pub. L. 101–649, title VII, § 701(a), Nov. 29, 1990, 104 Stat. 5085; Pub. L. 102–232, title III, § 302(e)(8)(B), Dec. 12, 1991, 105 Stat. 1746; Pub. L. 103–322, title IV, § 40702(a), Sept. 13, 1994, 108 Stat. 1955; Pub. L. 104–208, div. C, title III, § 308(d)(4)(E), (e)(7), (f)(1)(I), (J), Sept. 30, 1996, 110 Stat. 3009–618, 3009–620, 3009–621; Pub. L. 106–553, § 1(a)(2) [title XI, § 1103(c)(2)], Dec. 21, 2000, 114 Stat. 2762, 2762A–145.)
References in Text
Subsection (p) of section
1184 of this title, referred to in subsec. (d)(1)(A)(ii), was redesignated subsec. (r) of section
1184 by
Pub. L. 108–193, § 8(a)(3), Dec. 19, 2003,
117 Stat. 2886.
Codification
Another section 216 of act June 27, 1952, was renumbered section
218 and is classified to section
1188 of this title.
Amendments
2000—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”.
1996—Subsec. (b)(1)(A)(i).
Pub. L. 104–208, § 308(f)(1)(I), substituted “admission” for “entry”.
Subsec. (b)(2).
Pub. L. 104–208, § 308(e)(7), substituted “removal” for “deportation” in heading and “remove” for “deport” in text.
Subsec. (c)(2)(B).
Pub. L. 104–208, § 308(e)(7), substituted “removal” for “deportation” in heading and text.
Subsec. (c)(3)(D).
Pub. L. 104–208, § 308(e)(7), substituted “removal” for “deportation” in heading and “remove” for “deport” in text.
Subsec. (c)(4)(A).
Pub. L. 104–208, § 308(e)(7), substituted “removed” for “deported”.
Subsec. (d)(1)(A)(i)(III).
Pub. L. 104–208, § 308(f)(1)(J), substituted “admission” for “entry”.
Subsec. (d)(2)(C).
Pub. L. 104–208, § 308(e)(7), substituted “removal” for “deportation” wherever appearing in heading and text.
Subsec. (f).
Pub. L. 104–208, § 308(d)(4)(E), substituted “inadmissibility” for “exclusion”.
1994—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.”
1991—Subsec. (g)(1).
Pub. L. 102–232 substituted “section
1153
(d)” for “section
1153
(a)(8)” in closing provisions.
1990—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.”
1988—
Pub. L. 100–525, § 7(a)(1), made technical amendment to directory language of
Pub. L. 99–639, § 2(a), which enacted this section.
Subsec. (c)(3)(A).
Pub. L. 100–525, § 7(a)(2), substituted “90 days” for “90-days”.
Effective Date of 2000 Amendment
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.
Effective Date of 1996 Amendment
Amendment by
Pub. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of
Pub. L. 104–208, set out as a note under section
1101 of this title.
Effective Date of 1994 Amendment
Section 40702(b) of
Pub. L. 103–322 provided that: “The amendment made by subsection (a) [amending this section] shall take effect on the date of enactment of this Act [Sept. 13, 1994] and shall apply to applications made before, on, or after such date.”
Effective Date of 1991 Amendment
Section 302(e)(8) of
Pub. L. 102–232 provided that the amendment made by that section is effective as if included in section 162(e) of the Immigration Act of 1990,
Pub. L. 101–649.
Effective Date of 1990 Amendment
Section 701(b) of
Pub. L. 101–649 provided that: “The amendments made by subsection (a) [amending this section] shall apply with respect to marriages entered into before, on, or after the date of the enactment of this Act [Nov. 29, 1990].”
Effective Date of 1988 Amendment
Amendment by
Pub. L. 100–525 effective as if included in enactment of Immigration Marriage Fraud Amendments of 1986,
Pub. L. 99–639, see section 7(d) of
Pub. L. 100–525, set out as a note under section
1182 of this title.
Abolition of Immigration and Naturalization Service and Transfer of Functions
For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section
1551 of this title.