Collapse to view only § 1369. Treatment of expenses subject to emergency medical services exception
- § 1351. Nonimmigrant visa fees
- § 1352. Printing of reentry permits and blank forms of manifest and crew lists; sale to public
- § 1353. Travel expenses and expense of transporting remains of officers and employees dying outside of United States
- § 1353a. Officers and employees; overtime services; extra compensation; length of working day
- § 1353b. Extra compensation; payment
- § 1353c. Immigration officials; service in foreign contiguous territory
- § 1353d. Disposition of money received as extra compensation
- § 1354. Applicability to members of the Armed Forces
- § 1355. Disposal of privileges at immigrant stations; rentals; retail sale; disposition of receipts
- § 1356. Disposition of moneys collected under the provisions of this subchapter
- § 1357. Powers of immigration officers and employees
- § 1358. Local jurisdiction over immigrant stations
- § 1359. Application to American Indians born in Canada
- § 1360. Establishment of central file; information from other departments and agencies
- § 1361. Burden of proof upon alien
- § 1362. Right to counsel
- § 1363. Deposit of and interest on cash received to secure immigration bonds
- § 1363a. Undercover investigation authority
- § 1363b. Repealed.
- § 1364. Triennial comprehensive report on immigration
- § 1365. Reimbursement of States for costs of incarcerating illegal aliens and certain Cuban nationals
- § 1365a. Integrated entry and exit data system
- § 1365b. Biometric entry and exit data system
- § 1366. Annual report on criminal aliens
- § 1367. Penalties for disclosure of information
- § 1368. Increase in INS detention facilities; report on detention space
- § 1369. Treatment of expenses subject to emergency medical services exception
- § 1370. Reimbursement of States and localities for emergency ambulance services
- § 1371. Reports
- § 1372. Program to collect information relating to nonimmigrant foreign students and other exchange program participants
- § 1373. Communication between government agencies and the Immigration and Naturalization Service
- § 1374. Information regarding female genital mutilation
- § 1375. Repealed.
- § 1375a. Domestic violence information and resources for immigrants and regulation of international marriage brokers
- § 1375b. Protections for domestic workers and other nonimmigrants
- § 1375c. Protections, remedies, and limitations on issuance for A–3 and G–5 visas
- § 1376. Data on nonimmigrant overstay rates
- § 1377. Collection of data on detained asylum seekers
- § 1377a. Report on aliens determined to have credible or reasonable fear of persecution or torture
- § 1378. Collection of data on other detained aliens
- § 1378a. Report on aliens detained
- § 1379. Technology standard to confirm identity
- § 1380. Maintenance of statistics by the Department of Homeland Security
- § 1381. Secretary of Labor report
- § 1382. Acceptance and administration of gifts for immigration integration grants program
The fees for the furnishing and verification of applications for visas by nonimmigrants of each foreign country and for the issuance of visas to nonimmigrants of each foreign country shall be prescribed by the Secretary of State, if practicable, in amounts corresponding to the total of all visa, entry, residence, or other similar fees, taxes, or charges assessed or levied against nationals of the United States by the foreign countries of which such nonimmigrants are nationals or stateless residents: Provided, That nonimmigrant visas issued to aliens coming to the United States in transit to and from the headquarters district of the United Nations in accordance with the provisions of the Headquarters Agreement shall be gratis. Subject to such criteria as the Secretary of State may prescribe, including the duration of stay of the alien and the financial burden upon the charitable organization, the Secretary of State shall waive or reduce the fee for application and issuance of a nonimmigrant visa for any alien coming to the United States primarily for, or in activities related to, a charitable purpose involving health or nursing care, the provision of food or housing, job training, or any other similar direct service or assistance to poor or otherwise needy individuals in the United States.
When officers, inspectors, or other employees of the Service are ordered to perform duties in a foreign country, or are transferred from one station to another, in the United States or in a foreign country, or while performing duties in any foreign country become eligible for voluntary retirement and return to the United States, they shall be allowed their traveling expenses in accordance with such regulations as the Attorney General may deem advisable, and they may also be allowed, within the discretion and under written orders of the Attorney General, the expenses incurred for the transfer of their wives and dependent children, their household effects and other personal property, including the expenses for packing, crating, freight, unpacking, temporary storage, and drayage thereof in accordance with subchapter II of chapter 57 of title 5. The expense of transporting the remains of such officers, inspectors, or other employees who die while in, or in transit to, a foreign country in the discharge of their official duties, to their former homes in this country for interment, and the ordinary and necessary expenses of such interment and of preparation for shipment, are authorized to be paid on the written order of the Attorney General.
The Attorney General shall fix a reasonable rate of extra compensation for overtime services of immigration officers and employees of the Immigration and Naturalization Service who may be required to remain on duty between the hours of five o’clock postmeridian and eight o’clock antemeridian, or on Sundays or holidays, to perform duties in connection with the examination and landing of passengers and crews of steamships, trains, airplanes, or other vehicles, arriving in the United States from a foreign port by water, land, or air, such rates to be fixed on a basis of one-half day’s additional pay for each two hours or fraction thereof of at least one hour that the overtime extends beyond five o’clock postmeridian (but not to exceed two and one-half days’ pay for the full period from five o’clock postmeridian to eight o’clock antemeridian) and two additional days’ pay for Sunday and holiday duty; in those ports where the customary working hours are other than those heretofore mentioned, the Attorney General is vested with authority to regulate the hours of such employees so as to agree with the prevailing working hours in said ports, but nothing contained in this section shall be construed in any manner to affect or alter the length of a working day for such employees or the overtime pay herein fixed.
The said extra compensation shall be paid by the master, owner, agent, or consignee of such vessel or other conveyance arriving in the United States from a foreign port to the Attorney General, who shall pay the same to the several immigration officers and employees entitled thereto as provided in this section and section 1353a of this title. Such extra compensation shall be paid if such officers or employees have been ordered to report for duty and have so reported, whether the actual inspection or examination of passengers or crew takes place or not: Provided, That this section shall not apply to the inspection at designated ports of entry of passengers arriving by international ferries, bridges, or tunnels, or by aircraft, railroad trains, or vessels on the Great Lakes and connecting waterways, when operating on regular schedules.
Nothing in section 209 of title 18 relative to augmenting salaries of Government officials from outside sources shall prevent receiving reimbursements for services of immigration officials incident to the inspection of aliens in foreign contiguous territory and such reimbursement shall be credited to the appropriation, “Immigration and Naturalization Service—Salaries and Expenses.”
Moneys collected on or after July 1, 1941, as extra compensation for overtime service of immigration officers and employees of the Immigration Service pursuant to sections 1353a and 1353b of this title, shall be deposited in the Treasury of the United States to the credit of the appropriation for the payment of salaries, field personnel of the Immigration and Naturalization Service, and the appropriation so credited shall be available for the payment of such compensation.
The officers in charge of the various immigrant stations shall admit therein the proper State and local officers charged with the enforcement of the laws of the State or Territory of the United States in which any such immigrant station is located in order that such State and local officers may preserve the peace and make arrests for crimes under the laws of the States and Territories. For the purpose of this section the jurisdiction of such State and local officers and of the State and local courts shall extend over such immigrant stations.
Nothing in this subchapter shall be construed to affect the right of American Indians born in Canada to pass the borders of the United States, but such right shall extend only to persons who possess at least 50 per centum of blood of the American Indian race.
Whenever any person makes application for a visa or any other document required for entry, or makes application for admission, or otherwise attempts to enter the United States, the burden of proof shall be upon such person to establish that he is eligible to receive such visa or such document, or is not inadmissible under any provision of this chapter, and, if an alien, that he is entitled to the nonimmigrant, immigrant, special immigrant, immediate relative, or refugee status claimed, as the case may be. If such person fails to establish to the satisfaction of the consular officer that he is eligible to receive a visa or other document required for entry, no visa or other document required for entry shall be issued to such person, nor shall such person be admitted to the United States unless he establishes to the satisfaction of the Attorney General that he is not inadmissible under any provision of this chapter. In any removal proceeding under part IV of this subchapter against any person, the burden of proof shall be upon such person to show the time, place, and manner of his entry into the United States, but in presenting such proof he shall be entitled to the production of his visa or other entry document, if any, and of any other documents and records, not considered by the Attorney General to be confidential, pertaining to such entry in the custody of the Service. If such burden of proof is not sustained, such person shall be presumed to be in the United States in violation of law.
In any removal proceedings before an immigration judge and in any appeal proceedings before the Attorney General from any such removal proceedings, the person concerned shall have the privilege of being represented (at no expense to the Government) by such counsel, authorized to practice in such proceedings, as he shall choose.
The Director of U.S. Citizenship and Immigration Services is authorized in fiscal year 2017, and in each fiscal year thereafter, to solicit, accept, administer, and utilize gifts, including donations of property, for the purpose of providing an immigrant integration grants program and related activities to promote citizenship and immigrant integration: Provided, That all sums received under this subsection shall be deposited in a separate account in the general fund of the Treasury to be known as the “Citizenship Gift and Bequest Account”: Provided further, That all funds deposited into the Citizenship Gift and Bequest Account shall remain available until expended, and shall be available in addition to any funds appropriated or otherwise made available for an immigrant integration grants program or other activities to promote citizenship and immigrant integration.