§4561 — Title 19 Customs Duties | U.S. Code

Summary

If the USMCA gives reciprocity, a citizen of Canada or Mexico and that person's spouse and children may be classed as a nonimmigrant under section 101(a)(15)(E) if they are eligible for a visa, admissible under the Immigration and Nationality Act, and enter only for a purpose listed in Section B of Annex 16–A that was in effect when the USMCA took effect. "Citizen of Mexico" means the "citizen" definition in article 16.1 of the USMCA.

Title 19, §4561

Customs Duties — Source: USLM XML via OLRC

Upon a basis of reciprocity secured by the USMCA, an alien who is a citizen of Canada or Mexico, and the spouse and children of any such alien if accompanying or following to join such alien, may, if otherwise eligible for a visa and if otherwise admissible into the United States under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), be considered to be classifiable as a nonimmigrant under section 101(a)(15)(E) of such Act (8 U.S.C. 1101(a)(15)(E)) if entering solely for a purpose specified in Section B of Annex 16–A of the USMCA, but only if any such purpose shall have been specified in such Annex on the date of entry into force of the USMCA. For purposes of this section, the term “citizen of Mexico” means “citizen” as defined in article 16.1 of the USMCA.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Immigration and Nationality Act, referred to in text, is act June 27, 1952, ch. 477, 66 Stat. 163, which is classified principally to chapter 12 (§ 1101 et seq.) of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see

Short Title

note set out under section 1101 of Title 8 and Tables. Codification Section was formerly classified to section 3401 of this title and section 1184 of Title 8, Aliens and Nationality, prior to renumbering by Pub. L. 116–113.

Amendments

2020—Pub. L. 116–113, § 503(b)(4)(C)–(E), substituted “the USMCA” for “the Agreement” wherever appearing, “Annex 16–A” for “Annex 1603”, and “article 16.1” for “Annex 1608”. Pub. L. 116–113, § 503(b)(4)(A), (B), in original Act, struck out subsec. (a) designation and heading “Nonimmigrant Traders and Investors.—” before “Upon a basis” and struck out subsecs. (b) and (c), which had amended section 1184 of Title 8, Aliens and Nationality, resulting in no change to the text of this section.

Statutory Notes and Related Subsidiaries

Effective Date

of 2020 AmendmentAmendment by Pub. L. 116–113 effective on the date the USMCA enters into force (July 1, 2020) and applicable to visas issued on or after that date, see section 503(f) of Pub. L. 116–113, set out as a note under section 1184 of Title 8, Aliens and Nationality.

Effective Date

Pub. L. 103–182, title III, § 342, Dec. 8, 1993, 107 Stat. 2118, which provided that the provisions of subtitle D (§§ 341, 342) of title III of Pub. L. 103–182 (enacting this section and amending section 1184 of Title 8, Aliens and Nationality) took effect on the date the North American Free Trade Agreement entered into force with respect to the United States (Jan. 1, 1994), was repealed by Pub. L. 116–113, title VI, § 601, Jan. 29, 2020, 134 Stat. 78, effective on the date the USMCA entered into force (July 1, 2020).

§4561 Temporary entry

Summary

Title 19, §4561

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata