U.S. Code » Title 8 » Chapter CHAPTER 12— IMMIGRATION AND NATIONALITY › Subchapter SUBCHAPTER I— GENERAL PROVISIONS

8 U.S.C. § 1102

Diplomatic and semidiplomatic immunities

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Except as otherwise provided in this chapter, for so long as they continue in the nonimmigrant classes enumerated in this section, the provisions of this chapter relating to ineligibility to receive visas and the removal of aliens shall not be construed to apply to nonimmigrants—(1) within the class described in paragraph (15)(A)(i) of section 1101(a) of this title, except those provisions relating to reasonable requirements of passports and visas as a means of identification and documentation necessary to establish their qualifications under such paragraph (15)(A)(i), and, under such rules and regulations as the President may deem to be necessary, the provisions of subparagraphs (A) through (C) of section 1182(a)(3) of this title;(2) within the class described in paragraph (15)(G)(i) of section 1101(a) of this title, except those provisions relating to reasonable requirements of passports and visas as a means of identification and documentation necessary to establish their qualifications under such paragraph (15)(G)(i), and the provisions of subparagraphs (A) through (C) of section 1182(a)(3) of this title; and(3) within the classes described in paragraphs (15)(A)(ii), (15)(G)(ii), (15)(G)(iii), or (15)(G)(iv) of section 1101(a) of this title, except those provisions relating to reasonable requirements of passports and visas as a means of identification and documentation necessary to establish their qualifications under such paragraphs, and the provisions of subparagraphs (A) through (C) of section 1182(a)(3) of this title.(June 27, 1952, ch. 477, title I, § 102, 66 Stat. 173; Pub. L. 100–525, § 9(b), Oct. 24, 1988, 102 Stat. 2619; Pub. L. 101–649, title VI, § 603(a)(2), Nov. 29, 1990, 104 Stat. 5082; Pub. L. 102–232, title III, § 307(i), Dec. 12, 1991, 105 Stat. 1756; Pub. L. 104–208, div. C, title III, § 308(d)(4)(B), Sept. 30, 1996, 110 Stat. 3009–617.)Editorial NotesReferences in Text

This chapter, referred to in introductory provisions, was in the original, “this Act”, meaning act June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables.

Amendments

1996—Pub. L. 104–208 substituted “removal” for “exclusion or deportation” in introductory provisions.

1991—Pars. (1) to (3). Pub. L. 102–232 substituted “subparagraphs (A) through (C) of section 1182(a)(3) of this title” for “paragraph (3) (other than subparagraph (E)) of section 1182(a) of this title”.

1990—Pars. (1) to (3). Pub. L. 101–649 substituted “(3) (other than subparagraph (E))” for “(27)” in pars. (1) and (2), and “paragraph (3) (other than subparagraph (E))” for “paragraphs (27) and (29)” in par. (3).

1988—Par. (2). Pub. L. 100–525 substituted “documentation” for “documentaion”.

Statutory Notes and Related SubsidiariesEffective 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 1991 Amendment

Amendment by Pub. L. 102–232 effective as if included in the enactment of the Immigration Act of 1990, Pub. L. 101–649, see section 310(1) of Pub. L. 102–232, set out as a note under section 1101 of this title.

Effective Date of 1990 Amendment

Amendment by Pub. L. 101–649 applicable to individuals entering United States on or after June 1, 1991, see section 601(e)(1) of Pub. L. 101–649, set out as a note under section 1101 of this title.

Denial of Visas to Certain Representatives to United Nations

Pub. L. 101–246, title IV, § 407, Feb. 16, 1990, 104 Stat. 67, as amended by Pub. L. 113–100, § 1, Apr. 18, 2014, 128 Stat. 1145, provided that:“(a)In General.—The President shall use his authority, including the authorities contained in section 6 of the United Nations Headquarters Agreement Act (Public Law 80–357) [Aug. 4, 1947, ch. 482, set out as a note under 22 U.S.C. 287], to deny any individual’s admission to the United States as a representative to the United Nations if the President determines that such individual—“(1) has been found to have been engaged in espionage activities or a terrorist activity (as defined in section 212(a)(3)(B)(iii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(iii))) directed against the United States or its allies; and“(2) may pose a threat to United States national security interests.“(b)Waiver.—The President may waive the provisions of subsection (a) if the President determines, and so notifies the Congress, that such a waiver is in the national security interests of the United States.”

Notes of Decisions
Cited in 21 cases (2 in the last 5 years), 1954–2026 · leading case: Bismillah Miah v. John Ashcroft, Attorney Gen. of the United States Immigr. & Naturalization Serv., 346 F.3d 434 (3rd Cir. 2003).
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Bismillah Miah v. John Ashcroft, Attorney Gen. of the United States Immigr. & Naturalization Serv., 346 F.3d 434 (3rd Cir. 2003). “Section 1101(a)(42)(A) defines “refugee” as any person who is outside any country of such person’s nationality or, in the case of a person having no nationality, is outside any country in which such person last habitually resided, and who is unable or unwilling to return to, and…”
Ponce De Leon, 21 I. & N. Dec. 154 (BIA 1996). “, section 102 of the Act, 8 U.S.C. § 1102 (1952) (exempting many diplomats and foreign representatives from exclusion and deportation grounds).”
Kun Young Kim v. Dist. Dir. of the U. S. Immigr. & Naturalization Serv., 586 F.2d 713 (9th Cir. 1978). · cites it 2× “8 U.S.C. § 1102 . An alien who asserts that he qualifies for nonimmigrant status as a “treaty investor” has the burden of establishing his claim.”
Linskey v. Heidelberg E., Inc., 470 F. Supp. 1181 (E.D.N.Y 1979). “See 8 U.S.C. § 1102 . 11 . These are listed in 8 U.”
Visha v. Immigr. & Naturalization Serv., 51 F. App'x 547 (6th Cir. 2002). “The IJ ultimately denied Visha’s application for asylum and withholding of deportation because Visha failed to establish that he qualified as a refugee under 8 U.S.C. § 1102 (a)(42)(A). Although the IJ found Visha’s testimony credible and his fear of future persecution…”
Anthony Olopade v. Attorney Gen. United States, 565 F. App'x 71 (3rd Cir. 2014). “(quoting 8 U.S.C. § 1102 (a)(22)). We cited with approval Perdomo-Padilla v.”
Abourezk v. Reagan, 592 F. Supp. 880 (D.D.C. 1984). “For example, an alien could probably validly be excluded if he is not merely a citizen but a high official of a foreign nation whom the Executive could exclude or expel as persona non grata on any basis whatever.”
Alejandre v. Repub. of Cuba, 42 F. Supp. 2d 1317 (S.D. Fla. 1999). “§ 7309 (b); and 8 U.S.C. § 1102 (b). 16 . The Court notes with great concern that the very President who in 1996 decried this terrorist action by the Government of Cuba now sends the Department of Justice to argue before this Court that Cuba's blocked assets ought not be used to…”
United States Ex Rel. Casanova v. Fitzpatrick, 214 F. Supp. 425 (S.D.N.Y. 1963). “173 (1952), 8 U.S.C. § 1102 (1958) ; H.R.Rep. No. 1365, 82d Cong.”
Hernan Flores v. William Barr, 973 F.3d 230 (4th Cir. 2020). “Because the record does not compel the conclusion that the Salvadoran government was unwilling or unable to control MS-13, we must uphold the IJ and BIA’s conclusion that Portillo does not qualify as a refugee under 8 U.S.C. § 1102 (a)(42)(A), and is ineligible for asylum and…”
In re Apollonio, 128 F. Supp. 288 (S.D.N.Y. 1955). “1952 Revision, 8 U.S.C.A. §§ 1102 , 1184, 1251(e). . U.S.”
Sidney Hing Lowe v. United States, 230 F.2d 664 (9th Cir. 1956). “Now 8 U.S.C.A. §§ 1102 , 1184, 1251(e). 2 . Now 8 U.”
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