['I-9s']
['Visas']
05/17/2022
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Chapter 75 — Passports and Visas
(a) Whoever knowingly forges, counterfeits, alters, or falsely makes any immigrant or nonimmigrant visa, permit, border crossing card, alien registration receipt card, or other document prescribed by statute or regulation for entry into or as evidence of authorized stay or employment in the United States, or utters, uses, attempts to use, possesses, obtains, accepts, or receives any such visa, permit, border crossing card, alien registration receipt card, or other document prescribed by statute or regulation for entry into or as evidence of authorized stay or employment in the United States, knowing it to be forged, counterfeited, altered, or falsely made, or to have been procured by means of any false claim or statement, or to have been otherwise procured by fraud or unlawfully obtained; or
Whoever, except under direction of the Attorney General or the Commissioner of the Immigration and Naturalization Service, or other proper officer, knowingly possesses any blank permit, or engraves, sells, brings into the United States, or has in his control or possession any plate in the likeness of a plate designed for the printing of permits, or makes any print, photograph, or impression in the likeness of any immigrant or nonimmigrant visa, permit or other document required for entry into the United States, or has in his possession a distinctive paper which has been adopted by the Attorney General or the Commissioner of the Immigration and Naturalization Service for the printing of such visas, permits, or documents; or
Whoever, when applying for an immigrant or nonimmigrant visa, permit, or other document required for entry into the United States, or for admission to the United States personates another, or falsely appears in the name of a deceased individual, or evades or attempts to evade the immigration laws by appearing under an assumed or fictitious name without disclosing his true identity, or sells or otherwise disposes of, or offers to sell or otherwise dispose of, or utters, such visa, permit, or other document, to any person not authorized by law to receive such document; or
Whoever knowingly makes under oath, or as permitted under penalty of perjury under section 1746 of title 28, United States Code, knowingly subscribes as true, any false statement with respect to a material fact in any application, affidavit, or other document required by the immigration laws or regulations prescribed thereunder, or knowingly presents any such application, affidavit, or other document which contains any such false statement or which fails to contain any reasonable basis in law or fact -
Shall be fined under this title or imprisoned not more than 25 years (if the offense was committed to facilitate an act of international terrorism (as defined in section 2331 of this title)), 20 years (if the offense was committed to facilitate a drug trafficking crime (as defined in section 929(a) of this title)), 10 years (in the case of the first or second such offense, if the offense was not committed to facilitate such an act of international terrorism or a drug trafficking crime), or 15 years (in the case of any other offense), or both.
(b) Whoever uses -
(b)(1) an identification document, knowing (or having reason to know) that the document was not issued lawfully for the use of the possessor,
(b)(2) an identification document knowing (or having reason to know) that the document is false, or
(b)(3) a false attestation, for the purpose of satisfying a requirement of section 274A(b) of the Immigration and Nationality Act, shall be fined under this title, imprisoned not more than 5 years, or both.
(c) This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a subdivision of a State, or of an intelligence agency of the United States, or any activity authorized under title V of the Organized Crime Control Act of 1970 (18 U.S.C. note prec. 3481).1 For purposes of this section, the term "State" means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.
1 See References in Text note below.
(June 25, 1948, ch. 645, 62 Stat. 771; June 27, 1952, ch. 477, title IV, §402(a), 66 Stat. 275 ; Pub. L. 94–550, §5, Oct. 18, 1976, 90 Stat. 2535 ; Pub. L. 99–603, title I, §103(a), Nov. 6, 1986, 100 Stat. 3380 ; Pub. L. 100–525, §2(c), Oct. 24, 1988, 102 Stat. 2610 ; Pub. L. 101–647, title XXXV, §3550, Nov. 29, 1990, 104 Stat. 4926 ; Pub. L. 103–322, title XIII, §130009(a)(4), (5), title XXXIII, §330011(p), Sept. 13, 1994, 108 Stat. 2030 , 2145; Pub. L. 104–208, div. C, title II, §§211(a)(2), 214, Sept. 30, 1996, 110 Stat. 3009–569 , 3009-572; Pub. L. 104–294, title VI, §607(m), Oct. 11, 1996, 110 Stat. 3512 ; Pub. L. 107–273, div. B, title IV, §4002(a)(3), Nov. 2, 2002, 116 Stat. 1806 .)
REFERENCES IN TEXT
The immigration laws, referred to in subsec. (a), are classified generally to Title 8, Aliens and Nationality. See also section 1101(a)(17) of Title 8.
Section 274A(b) of the Immigration and Nationality Act, referred to in subsec. (b), is classified to section 1324a(b) of Title 8.
Title V of the Organized Crime Control Act of 1970, referred to in subsec. (c), is title V of Pub. L. 91–452, Oct. 15, 1970, 84 Stat. 933 , which was set out as a note preceding section 3481 of this title, and was repealed by Pub. L. 98–473, title II, §1209(b), Oct. 12, 1984, 98 Stat. 2163 . See section 3521 et seq. of this title.
AMENDMENTS
2002 - Subsec. (a). Pub. L. 107–273 substituted "to facilitate" for "to facility" in concluding par.
1996 - Sub §(a). Pub. L. 104-208 substituted "which contains any such false statement or which fails to contain any reasonable basis in law or fact" for "containing any such false statement" in fourth par. and "imprisoned not more than 25 years (if the offense was committed to facilitate an act of international terrorism (as defined in section 2331 of this title)), 20 years (if the offense was committed to facilitate a drug trafficking crime (as defined in section 929(a) of this title)), 10 years (in the case of the first or second such offense, if the offense was not committed to facility such an act of international terrorism or a drug trafficking crime), or 15 years (in the case of any other offense)" for "imprisoned not more than 10 years" in concluding par.
Sub§(c). Pub. L. 104-294 inserted at end "For purposes of this section, the term 'State' means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States."
1994 - Sub §(a). Pub. L. 103-322, §330011(p), amended directory language of Pub. L. 101-647, §3550. See 1990 Amendment note below.
Pub. L. 103-322, §130009(a)(4), substituted "10 years" for "five years" in concluding par.
Sub §(b). Pub. L. 103-322, §130009(a)(5), in concluding provisions, substituted "under this title, imprisoned not more than 5 years" for "in accordance with this title, or imprisoned not more than two years".
1990 - Sub §(a). Pub. L. 101-647, §3550, as amended by Pub. L. 103-322, §330011(p), substituted "Shall be fined under this title" for "Shall be fined in accordance with this title" in concluding par.
1988 - Pub. L. 100-525 amended Pub. L. 99-603. See 1986 Amendment note below.
1986 - Pub. L. 99-603, as amended by Pub. L. 100-525, substituted "other documents" for "other entry documents" in section catchline, designated existing provisions as sub§(a), substituted "permit, border crossing card, alien registration receipt card, or other document prescribed by statute or regulation for entry into or as evidence of authorized stay or employment in the United States" for "or other document required for entry into the United States" and for "or document" in first par., substituted "in accordance with this title" for "not more than $2,000" in concluding par., and added subsecs. ( b) and (c).
1976 - Pub. L. 94-550 inserted ", or as permitted under penalty of perjury under section 1746 of title 28, United States Code, knowingly subscribes as true," after "Whoever knowingly makes under oath" in fourth par.
1952 - Act June 27, 1952, made section applicable to entry documents other than visas and permits.
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