What US INA Definitions (8 USC 1101): Alien, Immigrant, Nonimmigrant, LPR, Refugee and Aggravated Felony requires
Section 101 of the Immigration and Nationality Act (INA), codified at 8 U.S.C. 1101, contains the definitions that govern the entire US immigration and nationality system, and the correct classification of a person and a conviction under these definitions controls almost every downstream determination of admissibility, removability and eligibility for relief. Section 1101(a)(3) defines 'alien' as any person not a citizen or national of the United States. Section 1101(a)(13)(A) defines 'admission' and 'admitted' as the lawful entry of the alien into the United States after inspection and authorization by an immigration officer, which is the line that separates the inadmissibility framework (8 U.S.C. 1182) from the deportability framework (8 U.S.C. 1227). Section 1101(a)(15) defines 'immigrant' as every alien except those within the enumerated classes of nonimmigrant aliens (the A through V visa categories, including visitors, students and temporary workers). Section 1101(a)(20) defines 'lawfully admitted for permanent residence', section 1101(a)(21)-(22) define 'national' and 'national of the United States', and section 1101(a)(42) defines 'refugee' as a person who is outside the country of nationality and is unable or unwilling to return because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. Section 1101(a)(43) defines 'aggravated felony' across a long list of offenses (beginning with murder, rape, or sexual abuse of a minor, and illicit trafficking in a controlled substance), a classification that carries the most severe immigration consequences and bars most relief. Section 1101(a)(48) defines 'conviction' for immigration purposes, capturing certain dispositions even without a formal judgment. These definitions are interpretive law: they do not themselves impose duties or penalties, but their correct application is dispositive of status and consequences throughout the Act.
Pillar: Immigration & Border Control · Authority: US Congress / Department of Homeland Security and Department of Justice · Version: 1.0.0 · Last updated:
Primary source: https://www.govinfo.gov/content/pkg/USCODE-2022-title8/html/USCODE-2022-title8-chap12.htm
SHA-256 integrity: 9f8f563d27cf22d58f7ac1dcb35d5b03bf1532b17427e9bcdfd427baf255444c
Primary Citations — 8 traced to source
- Immigration and Nationality Act 101, 8 U.S.C. 1101(a)(3) - definition of alien.
- Immigration and Nationality Act 101, 8 U.S.C. 1101(a)(13) - definition of admission and admitted (lawful entry after inspection and authorization).
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