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8 U.S.C. § 1105a — Employment authorization for battered spouses of certain nonimmigrants
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** In the case of an alien spouse admitted under subparagraph (A), (E)(iii), (G), or (H) of [section 1101(a)(15) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101/a/15&num=0&edition=prelim) who is accompanying or following to join a principal alien admitted under subparagraph (A), (E)(iii), (G), or (H) of such section, respectively, the Secretary of Homeland Security may authorize the alien spouse to engage in employment in the United States and provide the spouse with an “employment authorized” endorsement or other appropriate work permit if the alien spouse demonstrates that during the marriage the alien spouse or a child of the alien spouse has been battered or has been the subject of extreme cruelty perpetrated by the spouse of the alien spouse. Requests for relief under this section shall be handled under the procedures that apply to aliens seeking relief under [section 1154(a)(1)(A)(iii) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1154/a/1/A/iii&num=0&edition=prelim).
**(b) Construction** The grant of employment authorization pursuant to this section shall not confer upon the alien any other form of relief.
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Stable record: federal_law:legal_authorities:record_usc_b8263708e9707972f5f151a9
Source file: Laws/federal/codes/united-states-code/title-8/section-1105a-employment-authorization-for-battered-spouses-of-certain-nonimmigrants--e88da1b007.md
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Source location: Title 8, Chapter 12, § 1105a; chapter-012-immigration-and-nationality.md
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**(a) In general** In the case of an alien spouse admitted under subparagraph (A), (E)(iii), (G), or (H) of [section 1101(a)(15) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101/a/15&num=0&edition=prelim) who is accompanying or following to join a principal alien admitted under subparagraph (A), (E)(iii), (G), or (H) of such section, respectively, the Secretary of Homeland Security may authorize the alien spouse to engage in employment in the United States and provide the spouse with an “employment authorized” endorsement or other appropriate work permit if the alien spouse demonstrates that during the marriage the alien spouse or a child of the alien spouse has been battered or has been the subject of extreme cruelty perpetrated by the spouse of the alien spouse. Requests for relief under this section shall be handled under the procedures that apply to aliens seeking relief under [section 1154(a)(1)(A)(iii) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1154/a/1/A/iii&num=0&edition=prelim).
**(b) Construction** The grant of employment authorization pursuant to this section shall not confer upon the alien any other form of relief.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Applicable provisions**
(1) **General orders of removal** — Judicial review of a final order of removal (other than an order of removal without a hearing pursuant to [section 1225(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1225/b/1&num=0&edition=prelim)) is governed only by chapter 158 of title 28, except as provided in subsection (b) and except that the court may not order the taking of additional evidence under section 2347(c) of such title.
(2) **Matters not subject to judicial review**
(A) *Review relating to section 1225(b)(1)* — Notwithstanding any other provision of law (statutory or nonstatutory), including [section 2241 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2241&num=0&edition=prelim), or any other habeas corpus provision, and sections 1361 and 1651 of such title, no court shall have jurisdiction to review—
(i) except as provided in subsection (e), any individual determination or to entertain any other cause or claim arising from or relating to the implementation or operation of an order of removal pursuant to [section 1225(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1225/b/1&num=0&edition=prelim),
(ii) except as provided in subsection (e), a decision by the Attorney General to invoke the provisions of such section,
(iii) the application of such section to individual aliens, including the determination made under [section 1225(b)(1)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1225/b/1/B&num=0&edition=prelim), or
(iv) except as provided in subsection (e), procedures and policies adopted by the Attorney General to implement the prov
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** As used in this chapter—
(1) The term “administrator” means the official designated by the Secretary of State pursuant to [section 1104(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1104/b&num=0&edition=prelim).
(2) The term “advocates” includes, but is not limited to, advises, recommends, furthers by overt act, and admits belief in.
(3) The term “alien” means any person not a citizen or national of the United States.
(4) The term “application for admission” has reference to the application for admission into the United States and not to the application for the issuance of an immigrant or nonimmigrant visa.
(5) The term “Attorney General” means the Attorney General of the United States.
(6) The term “border crossing identification card” means a document of identity bearing that designation issued to an alien who is lawfully admitted for permanent residence, or to an alien who is a resident in foreign contiguous territory, by a consular officer or an immigration officer for the purpose of crossing over the borders between the United States and foreign contiguous territory in accordance with such conditions for its issuance and use as may be prescribed by regulations. Such regulations shall provide that (A) each such document include a biometric identifier (such as the fingerprint or handprint of the alien) that is machine readable and (B) an alien presenting a border crossing identification card is not permitted to cross over the border into the United States unless the biometric identifier contained on the card matches the appropriate biometric characteristic of the alien.
(7) The term “clerk of court” means a clerk of a naturalization court.
(8) The terms “Commissioner” and “Deputy Commissioner” mean the Co
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Lawful residence**
(1) **In general** — The Attorney General shall adjust the status of an alien to that of an alien lawfully admitted for temporary residence if the Attorney General determines that the alien meets the following requirements:
(A) *Application period* — The alien must apply for such adjustment during the 18-month period beginning on the first day of the seventh month that begins after November 6, 1986.
(B) *Performance of seasonal agricultural services and residence in the United States* — The alien must establish that he has—
(i) resided in the United States, and
(ii) performed seasonal agricultural services in the United States for at least 90 man-days,
during the 12-month period ending on May 1, 1986. For purposes of the previous sentence, performance of seasonal agricultural services in the United States for more than one employer on any one day shall be counted as performance of services for only 1 man-day.
(C) *Admissible as immigrant* — The alien must establish that he is admissible to the United States as an immigrant, except as otherwise provided under subsection (c)(2).
(2) **Adjustment to permanent residence** — The Attorney General shall adjust the status of any alien provided lawful temporary resident status under paragraph (1) to that of an alien lawfully admitted for permanent residence on the following date:
(A) *Group 1* — Subject to the numerical limitation established under subparagraph (C), in the case of an alien who has established, at the time of application for temporary residence under paragraph (1), that the alien performed seasonal agricultural services in the United States for at least 90 man-days during each of the 12-month periods ending on May 1, 1984, 1985, and 1986, the adjustment shall o
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1160
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Removal of criminal aliens**
(1) **In general** — The Attorney General shall provide for the availability of special removal proceedings at certain Federal, State, and local correctional facilities for aliens convicted of any criminal offense covered in section 1227(a)(2)(A)(iii), (B), (C), or (D) of this title, or any offense covered by [section 1227(a)(2)(A)(ii) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1227/a/2/A/ii&num=0&edition=prelim) for which both predicate offenses are, without regard to the date of their commission, otherwise covered by [section 1227(a)(2)(A)(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1227/a/2/A/i&num=0&edition=prelim). Such proceedings shall be conducted in conformity with [section 1229a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1229a&num=0&edition=prelim) (except as otherwise provided in this section), and in a manner which eliminates the need for additional detention at any processing center of the Service and in a manner which assures expeditious removal following the end of the alien’s incarceration for the underlying sentence. Nothing in this section shall be construed to create any substantive or procedural right or benefit that is legally enforceable by any party against the United States or its agencies or officers or any other person.
(2) **Implementation** — With respect to an alien convicted of an aggravated felony who is taken into custody by the Attorney General pursuant to [section 1226(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1226/c&num=0&edition=prelim), the Attorney General shall, to the maximum extent practicable, detain a
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1228
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Temporary resident status** The Attorney General shall adjust the status of an alien to that of an alien lawfully admitted for temporary residence if the alien meets the following requirements:
(1) **Timely application**
(A) *During application period* — Except as provided in subparagraph (B), the alien must apply for such adjustment during the 12-month period beginning on a date (not later than 180 days after November 6, 1986) designated by the Attorney General.
(B) *Application within 30 days of show-cause order* — An alien who, at any time during the first 11 months of the 12-month period described in subparagraph (A), is the subject of an order to show cause issued under [section 1252 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1252&num=0&edition=prelim) (as in effect before October 1, 1996), must make application under this section not later than the end of the 30-day period beginning either on the first day of such 12-month period or on the date of the issuance of such order, whichever day is later.
(C) *Information included in application* — Each application under this subsection shall contain such information as the Attorney General may require, including information on living relatives of the applicant with respect to whom a petition for preference or other status may be filed by the applicant at any later date under [section 1154(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1154/a&num=0&edition=prelim).
(2) **Continuous unlawful residence since 1982**
(A) *In general* — The alien must establish that he entered the United States before January 1, 1982, and that he has resided continuously in the United States in an unlawful status since such date an
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1255a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Subject to subsection (b), any alien who—
(1) has been denied admission, excluded, deported, or removed or has departed the United States while an order of exclusion, deportation, or removal is outstanding, and thereafter
(2) enters, attempts to enter, or is at any time found in, the United States, unless (A) prior to his reembarkation at a place outside the United States or his application for admission from foreign contiguous territory, the Attorney General has expressly consented to such alien’s reapplying for admission; or (B) with respect to an alien previously denied admission and removed, unless such alien shall establish that he was not required to obtain such advance consent under this chapter or any prior Act,
shall be fined under title 18, or imprisoned not more than 2 years, or both.
**(b) Criminal penalties for reentry of certain removed aliens** Notwithstanding subsection (a), in the case of any alien described in such subsection—
(1) whose removal was subsequent to a conviction for commission of three or more misdemeanors involving drugs, crimes against the person, or both, or a felony (other than an aggravated felony), such alien shall be fined under title 18, imprisoned not more than 10 years, or both;
(2) whose removal was subsequent to a conviction for commission of an aggravated felony, such alien shall be fined under such title, imprisoned not more than 20 years, or both;
(3) who has been excluded from the United States pursuant to [section 1225(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1225/c&num=0&edition=prelim) because the alien was excludable under [section 1182(a)(3)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1182/a/3/B
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1326
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Federal law — U.S. Code and appendices · legal_authorities
Page 81
TITLE 8—ALIENS AND NATIONALITY
§ 1105a
criminal history record, the Department of
State shall submit the applicant’s fingerprints
and any appropriate fingerprint processing fee
authorized by law to the Criminal Justice Infor-
mation Services Division of the Federal Bureau
of Investigation.
(c) Reconsideration upon development of more
cost effective means of sharing information
The provision of the extracts described in sub-
section (b) may be reconsidered by the Attorney
General and the receiving agency upon the de-
velopment and deployment of a more cost-effec-
tive and efficient means of sharing the informa-
tion.
(d) Regulations
For purposes of administering this section, the
Department of State shall, prior to receiving ac-
cess to NCIC data but not later than 4 months
after October 26, 2001, promulgate final regula-
tions—
(1) to implement procedures for the taking
of fingerprints; and
(2) to establish the conditions for the use of
the information received from the Federal Bu-
reau of Investigation, in order—
(A) to limit the redissemination of such in-
formation;
(B) to ensure that such information is used
solely to determine whether or not to issue
a visa to an alien or to admit an alien to the
United States;
(C) to ensure the security, confidentiality,
and destruction of such information; and
(D) to protect any privacy rights of indi-
viduals who are subjects of such informa-
tion.
(June 27, 1952, ch. 477, title I, § 105, 66 Stat. 175;
Pub. L. 95–105, title I, § 109(b)(2), Aug. 17, 1977, 91
Stat. 847; Pub. L. 103–236, title I, § 162(h)(3), Apr.
30, 1994, 108 Stat. 408; Pub. L. 107–56, title IV,
§ 403(a), Oct. 26, 2001, 115 Stat. 343.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in subsec. (a), was in the
or
Source: Supplied 2024 U.S. Code historical extraction · 8 U.S.C. § 1105a
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