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8 U.S.C. § 1574 — Reports to Congress

Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1574 — Reports to Congress

**(a) Backlog elimination plan** (1) **Report required** — Not later than 90 days after October 17, 2000, the Attorney General shall submit a report to the Committees on the Judiciary and Appropriations of the Senate and the House of Representatives concerning— (A) the backlogs in immigration benefit applications in existence as of October 17, 2000; and (B) the Attorney General’s plan for eliminating such backlogs. (2) **Report elements** — The report shall include— (A) an assessment of the data systems used in adjudicating and reporting on the status of immigration benefit applications, including— (i) a description of the adequacy of existing computer hardware, computer software, and other mechanisms to comply with the adjudications and reporting requirements of this subchapter; and (ii) a plan for implementing improvements to existing data systems to accomplish the purpose of this subchapter, as described in [section 1571(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1571/a&num=0&edition=prelim); (B) a description of the quality controls to be put into force to ensure timely, fair, accurate, and complete processing and adjudication of such applications; (C) the elements specified in subsection (b)(2); (D) an estimate of the amount of appropriated funds that would be necessary in order to eliminate the backlogs in each category of immigration benefit applications described in subsection (b)(2); and (E) a detailed plan on how the Attorney General will use any funds in the Immigration Services and Infrastructure Improvements Account to comply with the purposes of this subchapter. **(b) Annual reports** (1) **In general** — Beginning 90 days after the end of the first fiscal year for which a

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Stable record: federal_law:legal_authorities:record_usc_c73a0fdce477b4309f611aa8
Source file: Laws/federal/codes/united-states-code/title-8/section-1574-reports-to-congress--1777174032.md
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Source location: Title 8, Chapter 13, § 1574; chapter-013-immigration-and-naturalization-service.md

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**(a) Backlog elimination plan** (1) **Report required** — Not later than 90 days after October 17, 2000, the Attorney General shall submit a report to the Committees on the Judiciary and Appropriations of the Senate and the House of Representatives concerning— (A) the backlogs in immigration benefit applications in existence as of October 17, 2000; and (B) the Attorney General’s plan for eliminating such backlogs. (2) **Report elements** — The report shall include— (A) an assessment of the data systems used in adjudicating and reporting on the status of immigration benefit applications, including— (i) a description of the adequacy of existing computer hardware, computer software, and other mechanisms to comply with the adjudications and reporting requirements of this subchapter; and (ii) a plan for implementing improvements to existing data systems to accomplish the purpose of this subchapter, as described in [section 1571(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1571/a&num=0&edition=prelim); (B) a description of the quality controls to be put into force to ensure timely, fair, accurate, and complete processing and adjudication of such applications; (C) the elements specified in subsection (b)(2); (D) an estimate of the amount of appropriated funds that would be necessary in order to eliminate the backlogs in each category of immigration benefit applications described in subsection (b)(2); and (E) a detailed plan on how the Attorney General will use any funds in the Immigration Services and Infrastructure Improvements Account to comply with the purposes of this subchapter. **(b) Annual reports** (1) **In general** — Beginning 90 days after the end of the first fiscal year for which any appropriation authorized by [section 1573(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1573/b&num=0&edition=prelim) is made, and 90 days after the end of each fiscal year thereafter, the Attorney General shall submit a report to the Committees on the Judiciary and Appropriations of the Senate and the House of Representatives concerning the status of— (A) the Immigration Services and Infrastructure Improvements Account including any unobligated balances of appropriations in the Account; and (B) the Attorney General’s efforts to eliminate backlogs in any immigration benefit application described in paragraph (2). (2) **Report elements** — The report shall include— (A) State-by-State data on— (i) the number of naturalization cases adjudicated in each quarter of each fiscal year; (ii) the average processing time for naturalization applications; (iii) the number of naturalization applications pending for up to 6 months, 12 months, 18 months, 24 months, 36 months, and 48 months or more; (iv) estimated processing times adjudicating newly submitted naturalization applications; (v) an analysis of the appropriate processing times for naturalization applications; and (vi) the additional resources and process changes needed to eliminate the backlog for naturalization adjudications; (B) the status of applications or, where applicable, petitions described in subparagraph (C), by Immigration and Naturalization Service district, including— (i) the number of cases adjudicated in each quarter of each fiscal year; (ii) the average processing time for such applications or petitions; (iii) the number of applications or petitions pending for up to 6 months, 12 months, 18 months, 24 months, 36 months, and 48 months or more; (iv) the estimated processing times adjudicating newly submitted applications or petitions; (v) an analysis of the appropriate processing times for applications or petitions; and (vi) a description of the additional resources and process changes needed to eliminate the backlog for such processing and adjudications; and (C) a status report on— (i) applications for adjustments of status to that of an alien lawfully admitted for permanent residence; (ii) petitions for nonimmigrant visas under [section 1184 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1184&num=0&edition=prelim); (iii) petitions filed under [section 1154 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1154&num=0&edition=prelim) to classify aliens as immediate relatives or preference immigrants under [section 1153 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1153&num=0&edition=prelim); (iv) applications for asylum under [section 1158 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1158&num=0&edition=prelim); (v) registrations for Temporary Protected Status under [section 1254a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1254a&num=0&edition=prelim); and (vi) a description of the additional resources and process changes needed to eliminate the backlog for such processing and adjudications. (3) **Absence of appropriated funds** — In the event that no funds are appropriated subject to [section 1573(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1573/b&num=0&edition=prelim) in the fiscal year in which this Act is enacted, the Attorney General shall submit a report to Congress not later than 90 days after the end of such fiscal year, and each fiscal year thereafter, containing the elements described in paragraph (2).

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1184 — Admission of nonimmigrants

**(a) Regulations** (1) The admission to the United States of any alien as a nonimmigrant shall be for such time and under such conditions as the Attorney General may by regulations prescribe, including when he deems necessary the giving of a bond with sufficient surety in such sum and containing such conditions as the Attorney General shall prescribe, to insure that at the expiration of such time or upon failure to maintain the status under which he was admitted, or to maintain any status subsequently acquired under [section 1258 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1258&num=0&edition=prelim), such alien will depart from the United States. No alien admitted to Guam or the Commonwealth of the Northern Mariana Islands without a visa pursuant to section 1182(l) of this title may be authorized to enter or stay in the United States other than in Guam or the Commonwealth of the Northern Mariana Islands or to remain in Guam or the Commonwealth of the Northern Mariana Islands for a period exceeding 45 days from date of admission to Guam or the Commonwealth of the Northern Mariana Islands. No alien admitted to the United States without a visa pursuant to [section 1187 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1187&num=0&edition=prelim) may be authorized to remain in the United States as a nonimmigrant visitor for a period exceeding 90 days from the date of admission. (2) (A) The period of authorized status as a nonimmigrant described in [section 1101(a)(15)(O) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101/a/15/O&num=0&edition=prelim) shall be for such period as the Attorney General may specify in order to provide for the even

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1551 — Immigration and Naturalization Service

There is created and established in the Department of Justice an Immigration and Naturalization Service.

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1153 — Allocation of immigrant visas

**(a) Preference allocation for family-sponsored immigrants** Aliens subject to the worldwide level specified in [section 1151(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1151/c&num=0&edition=prelim) for family-sponsored immigrants shall be allotted visas as follows: (1) **Unmarried sons and daughters of citizens** — Qualified immigrants who are the unmarried sons or daughters of citizens of the United States shall be allocated visas in a number not to exceed 23,400, plus any visas not required for the class specified in paragraph (4). (2) **Spouses and unmarried sons and unmarried daughters of permanent resident aliens** — Qualified immigrants— (A) who are the spouses or children of an alien lawfully admitted for permanent residence, or (B) who are the unmarried sons or unmarried daughters (but are not the children) of an alien lawfully admitted for permanent residence, shall be allocated visas in a number not to exceed 114,200, plus the number (if any) by which such worldwide level exceeds 226,000, plus any visas not required for the class specified in paragraph (1); except that not less than 77 percent of such visa numbers shall be allocated to aliens described in subparagraph (A). (3) **Married sons and married daughters of citizens** — Qualified immigrants who are the married sons or married daughters of citizens of the United States shall be allocated visas in a number not to exceed 23,400, plus any visas not required for the classes specified in paragraphs (1) and (2). (4) **Brothers and sisters of citizens** — Qualified immigrants who are the brothers or sisters of citizens of the United States, if such citizens are at least 21 years of age, shall be allocated visas in a number not to exceed 65,000, pl

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1154 — Procedure for granting immigrant status

**(a) Petitioning procedure** (1) (A) (i) Except as provided in clause (viii), any citizen of the United States claiming that an alien is entitled to classification by reason of a relationship described in paragraph (1), (3), or (4) of [section 1153(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1153/a&num=0&edition=prelim) or to an immediate relative status under [section 1151(b)(2)(A)(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1151/b/2/A/i&num=0&edition=prelim) may file a petition with the Attorney General for such classification. (ii) An alien spouse described in the second sentence of [section 1151(b)(2)(A)(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1151/b/2/A/i&num=0&edition=prelim) also may file a petition with the Attorney General under this subparagraph for classification of the alien (and the alien’s children) under such section. (iii) (I) An alien who is described in subclause (II) may file a petition with the Attorney General under this clause for classification of the alien (and any child of the alien) if the alien demonstrates to the Attorney General that— (aa) the marriage or the intent to marry the United States citizen was entered into in good faith by the alien; and (bb) during the marriage or relationship intended by the alien to be legally a marriage, the alien or a child of the alien has been battered or has been the subject of extreme cruelty perpetrated by the alien’s spouse or intended spouse. (II) For purposes of subclause (I), an alien described in this subclause is an alien— (aa) (AA) who is the spouse of a citizen of the United St

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1158 — Asylum

**(a) Authority to apply for asylum** (1) **In general** — Any alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters), irrespective of such alien’s status, may apply for asylum in accordance with this section or, where applicable, [section 1225(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1225/b&num=0&edition=prelim). (2) **Exceptions** (A) *Safe third country* — Paragraph (1) shall not apply to an alien if the Attorney General determines that the alien may be removed, pursuant to a bilateral or multilateral agreement, to a country (other than the country of the alien’s nationality or, in the case of an alien having no nationality, the country of the alien’s last habitual residence) in which the alien’s life or freedom would not be threatened on account of race, religion, nationality, membership in a particular social group, or political opinion, and where the alien would have access to a full and fair procedure for determining a claim to asylum or equivalent temporary protection, unless the Attorney General finds that it is in the public interest for the alien to receive asylum in the United States. (B) *Time limit* — Subject to subparagraph (D), paragraph (1) shall not apply to an alien unless the alien demonstrates by clear and convincing evidence that the application has been filed within 1 year after the date of the alien’s arrival in the United States. (C) *Previous asylum applications* — Subject to subparagraph (D), paragraph (1) shall not apply to an alien if the alien has previously applied for

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1254a — Temporary protected status

**(a) Granting of status** (1) **In general** — In the case of an alien who is a national of a foreign state designated under subsection (b) (or in the case of an alien having no nationality, is a person who last habitually resided in such designated state) and who meets the requirements of subsection (c), the Attorney General, in accordance with this section— (A) may grant the alien temporary protected status in the United States and shall not remove the alien from the United States during the period in which such status is in effect, and (B) shall authorize the alien to engage in employment in the United States and provide the alien with an “employment authorized” endorsement or other appropriate work permit. (2) **Duration of work authorization** — Work authorization provided under this section shall be effective throughout the period the alien is in temporary protected status under this section. (3) **Notice** (A) Upon the granting of temporary protected status under this section, the Attorney General shall provide the alien with information concerning such status under this section. (B) If, at the time of initiation of a removal proceeding against an alien, the foreign state (of which the alien is a national) is designated under subsection (b), the Attorney General shall promptly notify the alien of the temporary protected status that may be available under this section. (C) If, at the time of designation of a foreign state under subsection (b), an alien (who is a national of such state) is in a removal proceeding under this subchapter, the Attorney General shall promptly notify the alien of the temporary protected status that may be available under this section. (D) Notices under this paragraph shall be provided in a form and language that the

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1574 — Reports to Congress

Page 558 TITLE 8—ALIENS AND NATIONALITY § 1573 Editorial Notes REFERENCES IN TEXT The Immigration and Nationality Act, referred to in par. (2), is act June 27, 1952, ch. 477, 66 Stat. 163, which is classified principally to chapter 12 (§ 1101 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables. Statutory Notes and Related Subsidiaries 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. § 1573. Immigration Services and Infrastructure Improvements Account (a) Authority of the Attorney General The Attorney General shall take such meas- ures as may be necessary to— (1) reduce the backlog in the processing of immigration benefit applications, with the ob- jective of the total elimination of the backlog 1 year after November 25, 2002; (2) make such other improvements in the processing of immigration benefit applications as may be necessary to ensure that a backlog does not develop after such date; and (3) make such improvements in infrastruc- ture as may be necessary to effectively pro- vide immigration services. (b) Authorization of appropriations (1) In general There is authorized to be appropriated to the Department of Justice from time to time such sums as may be necessary for the Attorney General to carry out subsection (a). (2) Designation of account in treasury Amounts appropriated pursuant to para- graph (1) may be referred to as the ‘‘Immigra- tion Services and Infrastructure Improve- ments Account’’. (3) Availability of funds Amounts appropriated

Source: Supplied 2024 U.S. Code historical extraction · 8 U.S.C. § 1574

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