Sec.
212. [8 U.S.C. 1182]
(a)
Classes of Aliens Ineligible for Visas or Admission.-Except as
otherwise provided in this Act, aliens who are inadmissible under the
following paragraphs are ineligible to receive visas and ineligible
to be admitted to the United States:
(i)
who is determined (in accordance with regulations prescribed by the
Secretary of Health and Human Services) to have a communicable
disease of public health significance; 1b/
(ii)
1/ except as provided in subparagraph (C) 1a/ who seeks admission as
an immigrant, or who seeks adjustment of status to the status of an
alien lawfully admitted for permanent residence, and who has failed
to present documentation of having received vaccination against
vaccine-preventable diseases, which shall include at least the
following diseases: mumps, measles, rubella, polio, tetanus and
diphtheria toxoids, pertussis, influenza type B and hepatitis B, and
any other vaccinations against vaccine-pre ventable diseases
recommended by the Advisory Committee for Immunization Practices,
(iii)
who is determined (in accordance with regulations prescribed by the
Secretary of Health and Human Services in consultation with the
Attorney General)-
(I)
to have a physical or mental disorder and behavior associated with
the disorder that may pose, or has posed, a threat to the property,
safety, or welfare of the alien or others, or
(II)
to have had a physical or mental disorder and a history of behavior
associated with the disorder, which behavior has posed a threat to
the property, safety, or welfare of the alien or others and which
behavior is likely to recur or to lead to other harmful behavior, or
(iv)
who is determined (in accordance with regulations prescribed by the
Secretary of Health and Human Services) to be a drug abuser or
addict, is inadmissible.
(B)
Waiver authorized.-For provision authorizing waiver of certain
clauses of subparagraph (A), see subsection (g).
(C)
1/
EXCEPTION
FROM IMMUNIZATION REQUIREMENT FOR ADOPTED CHILDREN 10 YEARS OF AGE OR
YOUNGER.--Clause (ii) of subparagraph (A) shall not apply to a child
who--
(i)
is 10 years of age or younger,
(ii)
is described in section 101(b)(1)(F)
,
and
(iii)
is seeking an immigrant visa as an immediate relative under section
201(b)
,
if, prior to the admission of the child, an adoptive parent or
prospective adoptive parent of the child, who has sponsored the child
for admission as an immediate relative, has executed an affidavit
stating that the parent is aware of the provisions of subparagraph
(A)(ii) and will ensure that, within 30 days of the child's
admission, or at the earliest time that is medically appropriate, the
child will receive the vaccinations identified in such subparagraph.
(2)
Criminal and related grounds.-
(A)
Conviction of certain crimes.-
(i)
In general.-Except as provided in clause (ii), any alien convicted
of, or who admits having committed, or who admits committing acts
which constitute the essential elements of-
(I)
a crime involving moral turpitude (other than a purely political
offense or an attempt or conspiracy to commit such a crime), or
(II)
a violation of (or a conspiracy or attempt to violate) any law or
regulation of a State, the United States, or a foreign country
relating to a controlled substance (as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802)), is inadmissible.
(ii)
Exception.-Clause (i)(I) shall not apply to an alien who committed
only one crime if-
(I)
the crime was committed when the alien was under 18 years of age, and
the crime was committed (and the alien released from any confinement
to a prison or correctional institution imposed for the crime) more
than 5 years before the date of application for a visa or other
documentation and the date of application for admission to the United
States, or
(II)
the maximum penalty possible for the crime of which the alien was
convicted (or which the alien admits having committed or of which the
acts that the alien admits having committed constituted the essential
elements) did not exceed imprisonment for one year and, if the alien
was convicted of such crime, the alien was not sentenced to a term of
imprisonment in excess of 6 months (regardless of the extent to which
the sentence was ultimately executed).
(B)
Multiple criminal convictions.-Any alien convicted of 2 or more
offenses (other than purely political offenses), regardless of
whether the conviction was in a single trial or whether the offenses
arose from a single scheme of misconduct and regardless of whether
the offenses involved moral turpitude, for which the aggregate
sentences to confinement 2/
were
5 years or more is inadmissible.
(C)
2a/
CONTROLLED
SUBSTANCE TRAFFICKERS- Any alien who the consular officer or the
Attorney General knows or has reason to believe--
(i)
is or has been an illicit trafficker in any controlled substance or
in any listed chemical (as defined in section 102 of the Controlled
Substances Act (21 U.S.C. 802)), or is or has been a knowing aider,
abettor, assister, conspirator, or colluder with others in the
illicit trafficking in any such controlled or listed substance or
chemical, or endeavored to do so; or
(ii)
is the spouse, son, or daughter of an alien inadmissible under clause
(i), has, within the previous 5 years, obtained any financial or
other benefit from the illicit activity of that alien, and knew or
reasonably should have known that the financial or other benefit was
the product of such illicit activity, is inadmissaible.
(D)
Prostitution and commercialized vice.-Any alien who-
(i)
is coming to the United States solely, principally, or incidentally
to engage in prostitution, or has engaged in prostitution within 10
years of the date of application for a visa, admission, or adjustment
of status,
(ii)
directly or indirectly procures or attempts to procure, or (within 10
years of the date of application for a visa, admission, or adjustment
of status) procured or attempted to procure or to import, prostitutes
or persons for the purpose of prostitution, or receives or (within
such 10- year period) received, in whole or in part, the proceeds of
prostitution, or
(iii)
is coming to the United States to engage in any other unlawful
commercialized vice, whether or not related to prostitution, is
inadmissible.
(E)
Certain aliens involved in serious criminal activity who have
asserted immunity from prosecution.-Any alien-
(i)
who has committed in the United States at any time a serious criminal
offense (as defined in section 101(h)
),
(ii)
for whom immunity from criminal jurisdiction was exercised with
respect to that offense,
(iii)
who as a consequence of the offense and exercise of immunity has
departed from the United States, and
(iv)
who has not subsequently submitted fully to the jurisdiction of the
court in the United States having jurisdiction with respect to that
offense, is inadmissible.
(F)
Waiver authorized.-For provision authorizing waiver of certain
subparagraphs of this paragraph, see subsection (h).
(G)
2b/
2c/
FOREIGN
GOVERNMENT OFFICIALS WHO HAVE COMMITTED PARTICULARLY SEVERE
VIOLATIONS OF RELIGIOUS FREEDOM- Any alien who, while serving as a
foreign government official, was responsible for or directly carried
out, at any time, particularly severe violations of religious
freedom, as defined in section 3 of the International Religious
Freedom Act of 1998 (22 U.S.C. 6402), is inadmissible.
(H)
2bb
/
SIGNIFICANT
TRAFFICKERS IN PERSONS-
(i)
IN GENERAL- Any alien who commits or conspires to commit human
trafficking offenses in the United States or outside the United
States , 42/
or
who the consular officer, the Secretary of Homeland Security, the
Secretary of State, 42/
or
the Attorney General knows or has reason to believe is or has been a
knowing aider, abettor, assister, conspirator, or colluder with such
a trafficker in severe forms of trafficking in persons, as defined in
the section 103 of such Act, is inadmissible.
(ii)
BENEFICIARIES OF TRAFFICKING- Except as provided in clause (iii), any
alien who the consular officer or the Attorney General knows or has
reason to believe is the spouse, or daughter of an alien inadmissible
under clause (i), has, within the previous 5 years, obtained any
financial or other benefit from the illicit activity of that alien,
and knew or reasonably should have known that the financial or other
benefit was the product of such illicit activity, is inadmissible.
(iii)
EXCEPTION FOR CERTAIN SONS AND DAUGHTERS- Clause (ii) shall not apply
to a son or daughter who was a child at the time he or she received
the benefit described in such clause.
(I)
2bbb/
MONEY
LAUNDERING- Any alien--
(i)
who a consular officer or the Attorney General knows, or has reason
to believe, has engaged, is engaging, or seeks to enter the United
States to engage, in an offense which is described in section 1956 or
1957 of title 18, United States Code (relating to laundering of
monetary instruments); or
(ii)
who a consular officer or the Attorney General knows is, or has been,
a knowing aider, abettor, assister, conspirator, or colluder with
others in an offense which is described in such section; is
inadmissible.
(3)
Security and related grounds.-
(A)
In general.-Any alien who a consular officer or the Attorney General
knows, or has reasonable ground to believe, seeks to enter the United
States to engage solely, principally, or incidentally in-
(i)
any activity (I) to violate any law of the United States relating to
espionage or sabotage or (II) to violate or evade any law prohibiting
the export from the United States of goods, technology, or sensitive
information,
(ii)
any other unlawful activity, or
(iii)
any activity a purpose of which is the opposition to, or the control
or overthrow of, the Government of the United States by force,
violence, or other unlawful means, is inadmissible.
(i)
3/
4/
4a/
IN
GENERAL.-Any alien who-
(I)
has engaged in a terrorist activity,
(II)
a consular officer, the Attorney General, or the Secretary of
Homeland Security knows, or has reasonable ground to believe, is
engaged in or is likely to engage after entry in any terrorist
activity (as defined in clause (iv));
(III)
has, under circumstances indicating an intention to cause death or
serious bodily harm, incited terrorist activity;
(IV)
is a representative (as defined in clause (v)) of--
(aa)
a
terrorist organization (as defined in clause (vi)); or
(bb)
a political, social, or other group that endorses or espouses
terrorist activity;
(V)
is a member of a terrorist organization described in subclause (I) or
(II) of clause (vi);
(VI)
is a member of a terrorist organization described in clause
(vi)(III), unless the alien can demonstrate by clear and convincing
evidence that the alien did not know, and should not reasonably have
known, that the organization was a terrorist organization;
(VII)
endorses or espouses terrorist activity or persuades others to
endorse or espouse terrorist activity or support a terrorist
organization;
(VIII) has received military-type training
(as defined in section 2339D(c)(1) of title 18, United States Code)
from or on behalf of any organization that, at the time the training
was received, was a terrorist organization (as defined in clause
(vi)); or
(IX)
is the spouse or child of an alien who is inadmissible under this
subparagraph, if the activity causing the alien to be found
inadmissible occurred within the last 5 years, is inadmissible.
4/
(ii)
EXCEPTION- Subclause (IX) 4d/
of
clause(i) does not apply to a spouse or child--
(I)
who did not know or should not reasonably have known of the activity
causing the alien to be found inadmissible under this section; or
(II)
whom the consular officer or Attorney General has reasonable grounds
to believe has renounced the activity causing the alien to be found
inadmissible under this section.
4/
(iii)
TERRORIST ACTIVITY DEFINED.-As used in this Act, the term "terrorist
activity" means any activity which is unlawful under the laws of
the place where it is committed (or which, if 4/
it
had been committed in the United States, would be unlawful under the
laws of the United States or any State) and which involves any of the
following:
(I)
The highjacking or sabotage of any conveyance (including an aircraft,
vessel, or vehicle).
(II)
The seizing or detaining, and threatening to kill, injure, or
continue to detain, another individual in order to compel a third
person (including a governmental organization) to do or abstain from
doing any act as an explicit or implicit condition for the release of
the individual seized or detained.
(III)
A violent attack upon an internationally protected person (as defined
in section 1116(b)(4) of title 18, United States Code) or upon the
liberty of such a person.
(IV)
An assassination.
(V)
The use of any-
(aa)
biological agent, chemical agent, or nuclear weapon or device, or
(bb)
explosive, 4/
firearm,
or other weapon or dangerous device (other than for mere personal
monetary gain), with intent to endanger, directly or indirectly, the
safety of one or more individuals or to cause substantial damage to
property.
(VI)
A threat, attempt, or conspiracy to do any of the foregoing.
(iv)
4/
4b/
ENGAGE
IN TERRORIST ACTIVITY DEFINED- As used in this chapter, the term
"engage in terrorist activity" means, in an individual
capacity or as a member of an organization-
(I)
to commit or to incite to commit, under circumstances indicating an
intention to cause death or serious bodily injury, a terrorist
activity;
(II)
to prepare or plan a terrorist activity;
(III)
to gather information on potential targets for terrorist activity;
(IV)
to solicit funds or other things of value for--
(aa)
a terrorist activity;
(bb)
a terrorist organization described in clause (vi)(I) or (vi)(II); or
(cc)
a terrorist organization described in clause (vi)(III), unless the
solicitor can demonstrate by clear and convincing evidence that he
did not know, and should not reasonably have known, that the
organization was a terrorist organization;
(V)
to solicit any individual--
(aa)
to engage in conduct otherwise described in this subsection;
(bb)
for membership in a terrorist organization described in clause
(vi)(I) or (vi)(II); or
(cc)
for membership in a terrorist organization described in clause
(vi)(III) unless the solicitor can demonstrate by clear and
convincing evidence that he did not know, and should not reasonably
have known, that the organization was a terrorist organization; or
(VI)
to commit an act that the actor knows, or reasonably should know,
affords material support, including a safe house, transportation,
communications, funds, transfer of funds or other material financial
benefit, false documentation or identification, weapons (including
chemical, biological, or radiological weapons), explosives, or
training--
(aa)
for the commission of a terrorist activity;
(bb)
to any individual who the actor knows, or reasonably should know, has
committed or plans to commit a terrorist activity;
(cc)
to a terrorist organization described in subclause (I) or (II) of
clause (vi) or to any member of such an organization; or
(dd)
to a terrorist organization described in clause (vi)(III), or to any
member of such an organization, unless the actor can demonstrate by
clear and convincing evidence that the actor did not know, and should
not reasonably have known, that the organization was a terrorist
organization.
5/
(v)
REPRESENTATIVE DEFINED.-As used in this paragraph, the term
"representative" includes an officer, official, or
spokesman of an organization, and any person who directs, counsels,
commands, or induces an organization or its members to engage in
terrorist activity.
(vi)
5a/
4c
TERRORIST
ORGANIZATION DEFINED- As used in this section, the term 'terrorist
organization' means an organization—
(I)
designated under section 219
;
(II)
otherwise designated, upon publication in the Federal Register, by
the Secretary of State in consultation with or upon the request of
the Attorney General or the Secretary of Homeland Security, as a
terrorist organization, after finding that the organization engages
in the activities described in subclauses (I) through (VI) of clause
(iv); or
(III)
that is a group of two or more individuals, whether organized or not,
which engages in, or has a subgroup which engages in, the activities
described in subclauses (I) through (VI) of clause (iv).
(i)
In general.-An alien whose entry or proposed activities in the United
States the Secretary of State has reasonable ground to believe would
have potentially serious adverse foreign policy consequences for the
United States is inadmissible.
(ii)
Exception for officials.-An alien who is an official of a foreign
government or a purported government, or who is a candidate for
election to a foreign government office during the period immediately
preceding the election for that office, shall not be excludable or
subject to restrictions or conditions on entry into the United States
under clause (i) solely because of the alien's past, current, or
expected beliefs, statements, or associations, if such beliefs,
statements, or associations wo uld be lawful within the United
States.
(iii)
Exception for other aliens.-An alien, not described in clause (ii),
shall not be excludable or subject to restrictions or conditions on
entry into the United States under clause (i) because of the alien's
past, current, or expected beliefs, statements, or associations, if
such beliefs, statements, or associations would be lawful within the
United States, unless the Secretary of State personally determines
that the alien's admission would compromise a compelling United
States foreign policy interest.
(iv)
Notification of determinations.-If a determination is made under
clause (iii) with respect to an alien, the Secretary of State must
notify on a timely basis the chairmen of the Committees on the
Judiciary and Foreign Affairs of the House of Representatives and of
the Committees on the Judiciary and Foreign Relations of the Senate
of the identity of the alien and the reasons for the determination.
(D)
Immigrant membership in totalitarian party.-
(i)
In general.-Any immigrant who is or has been a member of or
affiliated with the Communist or any other totalitarian party (or
subdivision or affiliate thereof), domestic or foreign, is
inadmissible.
(ii)
Exception for involuntary membership.-Clause (i) shall not apply to
an alien because of membership or affiliation if the alien
establishes to the satisfaction of the consular officer when applying
for a visa (or to the satisfaction of the Attorney General when
applying for admission) that the membership or affiliation is or was
involuntary, or is or was solely when under 16 years of age, by
operation of law, or for purposes of obtaining employment, food
rations, or other essentials of living and whethe r necessary for
such purposes.
(iii)
Exception for past membership.-Clause (i) shall not apply to an alien
because of membership or affiliation if the alien establishes to the
satisfaction of the consular officer when applying for a visa (or to
the satisfaction of the Attorney General when applying for admission)
that-
(I)
the membership or affiliation terminated at least-
(aa)
2 years before the date of such application, or
(bb)
5 years before the date of such application, in the case of an alien
whose membership or affiliation was with the party controlling the
government of a foreign state that is a totalitarian dictatorship as
of such date, and
(II)
the alien is not a threat to the security of the United States.
(iv)
Exception for close family members.-The Attorney General may, in the
Attorney General's discretion, waive the application of clause (i) in
the case of an immigrant who is the parent, spouse, son, daughter,
brother, or sister of a citizen of the United States or a spouse,
son, or daughter of an alien lawfully admitted for permanent
residence for humanitarian purposes, to assure family unity, or when
it is otherwise in the public interest if the immigrant is not a
threat to the security of the United States.
(E)
5aaa/
PARTICIPANTS
IN NAZI PERSECUTION, GENOCIDE, OR THE COMMISSION OF ANY ACT OF
TORTURE OR EXTRAJUDICIAL KILLING
(i)
Participation in nazi persecutions.-Any alien who, during the period
beginning on March 23, 1933, and ending on May 8, 1945, under the
direction of, or in association with-
(I)
the Nazi government of Germany,
(II)
any government in any area occupied by the military forces of the
Nazi government of Germany,
(III)
any government established with the assistance or cooperation of the
Nazi government of Germany, or
(IV)
any government which was an ally of the Nazi government of Germany,
ordered, incited, assisted, or otherwise participated in the
persecution of any person because of race, religion, national origin,
or political opinion is inadmissible.
(ii)
Participation in genocide.-Any alien who 5aaa/
ordered,
incited, assisted, or otherwise participated in conduct outside the
United States that would, if committed in the United States or by a
United States national, be genocide, as defined in section 1091(a) of
title 18, United States Code, is inadmissible.
(iii)
5aaa/
COMMISSION
OF ACTS OF TORTURE OR EXTRAJUDICIAL KILLINGS- Any alien who, outside
the United States, has committed, ordered, incited, assisted, or
otherwise participated in the commission of--
(I)
any act of torture, as defined in section 2340 of title 18, United
States Code; or
(II)
under color of law of any foreign nation, any extrajudicial killing,
as defined in section 3(a) of the Torture Victim Protection Act of
1991 (28 U.S.C. 1350 note), is inadmissible.
5aa/
(F)
ASSOCIATION WITH TERRORIST ORGANIZATIONS- Any alien who the Secretary
of State, after consultation with the Attorney General, or the
Attorney General, after consultation with the Secretary of State,
determines has been associated with a terrorist organization and
intends while in the United States to engage solely, principally, or
incidentally in activities that could endanger the welfare, safety,
or security of the United States is inadmissible.
(G)
41/
RECRUITMENT
OR USE OF CHILD SOLDIERS- Any alien who has engaged in the
recruitment or use of child soldiers in violation of section 2442 of
title 18, United States Code, is inadmissible.
(A)
In general.-Any alien who, in the opinion of the consular officer at
the time of application for a visa, or in the opinion of the Attorney
General at the time of application for admission or adjustment of
status, is likely at any time to become a public charge is
inadmissible. 6/
(B)
Factors to be taken into account.- (i) In determining whether an
alien is excludable under this paragraph, the consular officer or the
Attorney General shall at a minimum consider the alien's-
(I)
age;
(II)
health;
(III)
family status;
(IV)
assets, resources, and financial status; and
(V)
education and skills
(ii)
In addition to the factors under clause (i), the consular officer or
the Attorney General may also consider any affidavit of support under
section 213A
for
purposes of exclusion under this paragraph.
(C)
Family-Sponsored immigrants.-Any alien who seeks admission or
adjustment of status under a visa issued under section 201(b)(2)
or
203(a)
is
excludable under this paragraph unless-
(I)
status as a spouse or a child of a United States citizen pursuant to
clause (ii), (iii), or (iv) or section 204(a)(1)(A)
,
or
(II)
classification pursuant to clause (ii) or (iii) of section
204(a)(1)(B)
;
6aa/
(III)
6aa/
classification
or status as a VAWA self-petitioner; or
(ii)
the person petitioning for the alien's admission 6a/
(and
any additional sponsor required under section 213A(f)
or
any alternative sponsor permitted under paragraph (5)(B) of such
section) has executed an affidavit of support described in section
213A
with
respect to such alien.
(D)
Certain employment-based immigrants.-Any alien who seeks admission or
adjustment of status under a visa number issued under section 203(b)
by
virtue of a classification petition filed by a relative of the alien
(or by an entity in which such relative has a significant ownership
interest) is excludable under this paragraph unless such relative has
executed an affidavit of support described in section 213A
with
respect to such alien.
(5)
Labor certification and qualifications for certain immigrants.-
(i)
In general.-Any alien who seeks to enter the United States for the
purpose of performing skilled or unskilled labor is inadmissible,
unless the Secretary of Labor has determined and certified to the
Secretary of State and the Attorney General that-
(I)
there are not sufficient workers who are able, willing, qualified (or
equally qualified in the case of an alien described in clause (ii))
and available at the time of application for a visa and admission to
the United States and at the place where the alien is to perform such
skilled or unskilled labor, and
(II)
the employment of such alien will not adversely affect the wages and
working conditions of workers in the United States similarly
employed.
(ii)
Certain aliens subject to special rule.-For purposes of clause
(i)(I), an alien described in this clause is an alien who-
(I)
is a member of the teaching profession, or
(II)
has exceptional ability in the sciences or the arts.
(iii)
7/
PROFESSIONAL
ATHLETES-
(I)
In general.-A certification made under clause (i) with respect to a
professional athlete shall remain valid with respect to the athlete
after the athlete changes employer, if the new employer is a team in
the same sport as the team which employed the athlete when the
athlete first applied for certification.
(II)
Definition.-For purposes of subclause (I), the term "professional
athlete" means an individual who is employed as an athlete by-
(aa)
a team that is a member of an association of 6 or more professional
sports teams whose total combined revenues exceed $10,000,000 per
year, if the association governs the conduct of its members and
regulates the contests and exhibitions in which its member teams
regularly engage; or
(bb)
any minor league team that is affiliated with such an association.
(iv)
7/
LONG
DELAYED ADJUSTMENT APPLICANTS- A certification made under clause (i)
with respect to an individual whose petition is covered by section
204(j)
shall
remain valid with respect to a new job accepted by the individual
after the individual changes jobs or employers if the new job is in
the same or a similar occupational classification as the job for
which the certification was issued.
(B)
Unqualified physicians.-An alien who is a graduate of a medical
school not accredited by a body or bodies approved for the purpose by
the Secretary of Education (regardless of whether such school of
medicine is in the United States) and who is coming to the United
States principally to perform services as a member of the medical
profession is inadmissible, unless the alien (i) has passed parts I
and II of the National Board of Medical Examiners Examination (or an
equivalent examination as dete rmined by the Secretary of Health and
Human Services) and (ii) is competent in oral and written English.
For purposes of the previous sentence, an alien who is a graduate of
a medical school shall be considered to have passed parts I and II of
the National Board of Medical Examiners if the alien was fully and
permanently licensed to practice medicine in a State on January 9,
1978, and was practicing medicine in a State on that date.
(C)
Uncertified foreign health-care workers 7a/
Subject
to subsection (r), any alien who seeks to enter the United States for
the purpose of performing labor as a health-care worker, other than a
physician, is excludable unless the alien presents to the consular
officer, or, in the case of an adjustment of status, the Attorney
General, a certificate from the Commission on Graduates of Foreign
Nursing Schools, or a certificate from an equivalent independent
credentialing organization approved by the Attorney General in
consultation with the Secretary of Health and Human Services,
verifying that-
(i)
the alien's education, training, license, and experience-
(I)
meet all applicable statutory and regulatory requirements for entry
into the United States under the classification specified in the
application;
(II)
are comparable with that required for an American health-care worker
of the same type; and
(III)
are authentic and, in the case of a license, unencumbered;
(ii)
the alien has the level of competence in oral and written English
considered by the Secretary of Health and Human Services, in
consultation with the Secretary of Education, to be appropriate for
health care work of the kind in which the alien will be engaged, as
shown by an appropriate score on one or more nationally recognized,
commercially available, standardized assessments of the applicant's
ability to speak and write; and
(iii)
if a majority of States licensing the profession in which the alien
intends to work recognize a test predicting the success on the
profession's licensing or certification examination, the alien has
passed such a test, or has passed such an examination.
For
purposes of clause (ii), determination of the standardized tests
required and of the minimum scores that are appropriate are within
the sole discretion of the Secretary of Health and Human Services and
are not subject to further administrative or judicial review.
(D)
Application of grounds.-The grounds of inadmissibility of aliens
under subparagraphs (A) and (B) shall apply to immigrants seeking
admission or adjustment of status under paragraph (2) or (3) of
section 203(b)
.
(6)
Illegal entrants and immigration violators.-
(A)
8/
ALIENS
PRESENT WITHOUT admission or parole.-
(i)
In general.-An alien present in the United States without being
admitted or paroled, or who arrives in the United States at any time
or place other than as designated by the Attorney General, is
inadmissible.
(ii)
Exception for certain battered women and children.-Clause (i) shall
not apply to an alien who demonstrates that-
(I)
the alien is a VAWA self-petitioner; 6aa/
(II)(a)
the alien has been battered or subjected to extreme cruelty by a
spouse or parent, or by a member of the spouse's or parent's family
residing in the same household as the alien and the spouse or parent
consented or acquiesced to such battery or cruelty, or (b) the
alien's child has been battered or subjected to extreme cruelty by a
spouse or parent of the alien (without the active participation of
the alien in the battery or cruelty) or by a member of the spouse's
or parent's family resi ding in the same household as the alien when
the spouse or parent consented to or acquiesced in such battery or
cruelty and the alien did not actively participate in such battery or
cruelty, and
(III)
there was a substantial connection between the battery or cruelty
described in subclause (I) or (II) and the alien's unlawful entry
into the United States.
(B)
Failure to attend removal proceeding.-Any alien who without
reasonable cause fails or refuses to attend or remain in attendance
at a proceeding to determine the alien's inadmissibility or
deportability and who seeks admission to the United States within 5
years of such alien's subsequent departure or removal is
inadmissible.
(i)
In general.-Any alien who, by fraud or willfully misrepresenting a
material fact, seeks to procure (or has sought to procure or has
procured) a visa, other documentation, or admission into the United
States or other benefit provided under this Act is inadmissible.
(ii)
9/
FALSELY
CLAIMING CITIZENSHIP-
(I)
IN GENERAL- Any alien who falsely represents, or has falsely
represented, himself or herself to be a citizen of the United States
for any purpose or benefit under this Act (including section 274A
)
or any other Federal or State law is inadmissible.
(II)
EXCEPTION- In the case of an alien making a representation described
in subclause (I), if each natural parent of the alien (or, in the
case of an adopted alien, each adoptive parent of the alien) is or
was a citizen (whether by birth or naturalization), the alien
permanently resided in the United States prior to attaining the age
of 16, and the alien reasonably believed at the time of making such
representation that he or she was a citizen, the alien shall not be
considered to be inadmissible under any provision of this subsection
based on such representation.
(iii)
Waiver authorized.-For provision authorizing waiver of clause (i),
see subsection (I).
(D)
Stowaways.-Any alien who is a stowaway is inadmissible.
(i)
In general.-Any alien who at any time knowingly has encouraged,
induced, assisted, abetted, or aided any other alien to enter or to
try to enter the United States in violation of law is inadmissible.
(ii)
Special rule in the case of family reunification.-Clause (i) shall
not apply in the case of alien who is an eligible immigrant (as
defined in section 301(b)(1)
of
the Immigration Act of 1990), was physically present in the United
States on May 5, 1988, and is seeking admission as an immediate
relative or under section 203(a)(2)
(including
under section 112 of the Immigration Act of 1990) or benefits under
section 301(a)
of
the Immigration Act of 1990 if the alien, before May 5, 1988, has
encouraged, induced, assisted, abetted, or aided only the alien's
spouse, parent, son, or daughter (and no other individual) to enter
the United States in violation of law.
(iii)
Waiver authorized.-For provision authorizing waiver of clause (i),
see subsection (d)(11).
(F)
Subject of civil penalty.-
(i)
In general.-An alien who is the subject of a final order for
violation of section 274C
is
inadmissible.
(ii)
Waiver authorized.-For provision authorizing waiver of clause (i),
see subsection (d)(12). 10/
(G)
Student visa abusers.-An alien who obtains the status of a
nonimmigrant under section 101(a)(15)(F)(i)
and
who violates a term or condition of such status under section 214(l)
is
excludable until the alien has been outside the United States for a
continuous period of 5 years after the date of the violation. 11/
(7)
Documentation requirements.-
(i)
In general.-Except as otherwise specifically provided in this Act,
any immigrant at the time of application for admission-
(I)
who is not in possession of a valid unexpired immigrant visa, reentry
permit, border crossing identification card, or other valid entry
document required by this Act, and a valid unexpired passport, or
other suitable travel document, or document of identity and
nationality if such document is required under the regulations issued
by the Attorney General under section 211(a)
,
or
(II)
whose visa has been issued without compliance with the provisions of
section 203, is inadmissible.
(ii)
Waiver authorized.-For provision authorizing waiver of clause (i),
see subsection (k).
(i)
In general.-Any nonimmigrant who-
(I)
is not in possession of a passport valid for a minimum of six months
from the date of the expiration of the initial period of the alien's
admission or contemplated initial period of stay authorizing the
alien to return to the country from which the alien came or to
proceed to and enter some other country during such period, or
(II)
is not in possession of a valid nonimmigrant visa or border crossing
identification card at the time of application for admission, is
inadmissible.
(ii)
General waiver authorized.-For provision authorizing waiver of clause
(i), see subsection (d)(4).
(iii)
GUAM AND NORTHERN MARIANA ISLANDS VISA WAIVER- For provision
authorizing waiver of clause (i) in the case of visitors to Guam or
the Commonwealth of the Northern Mariana Islands, see subsection (l).
38/
(iv)
VISA WAIVER 11a/
PROGRAM.-For
authority to waive the requirement of clause (i) under a 11a/
program,
see section 217
.
(8)
Ineligible for citizenship.-
(A)
In general.-Any immigrant who is permanently ineligible to
citizenship is inadmissible.
(B)
Draft evaders.-Any person who has departed from or who has remained
outside the United States to avoid or evade training or service in
the armed forces in time of war or a period declared by the President
to be a national emergency is inadmissible, except that this
subparagraph shall not apply to an alien who at the time of such
departure was a nonimmigrant and who is seeking to reenter the United
States as a nonimmigrant.
(9)
12/
ALIENS
PREVIOUSLY REMOVED.-
(A)
Certain aliens previously removed.-
(i)
Arriving aliens.-Any alien who has been ordered removed under section
235(b)(1)
or
at the end of proceedings under section 240 initiated upon the
alien's arrival in the United States and who again seeks admission
within 5 years of the date of such removal (or within 20 years in the
case of a second or subsequent removal or at any time in the case of
an alien convicted of an aggravated felony) is inadmissible.
(ii)
Other aliens.-Any alien not described in clause (i) who-
(I)
has been ordered removed under section 240
or
any other provision of law, or
(II)
departed the United States while an order of removal was outstanding,
and who seeks admission within 10 years of the date of such alien's
departure or removal (or within 20 years of such date in the case of
a second or subsequent removal or at any time in the case of an alien
convicted of an aggravated felony) is inadmissible.
(iii)
Exception.-Clauses (i) and (ii) shall not apply to an alien seeking
admission within a period if, prior to the date of the alien's
reembarkation at a place outside the United States or attempt to be
admitted from foreign contiguous territory, the Attorney General has
consented to the alien's reapplying for admission.
(B)
13/
ALIENS
UNLAWFULLY PRESENT.-
(i)
In general.-Any alien (other than an alien lawfully admitted for
permanent residence) who-
(I)
was unlawfully present in the United States for a period of more than
180 days but less than 1 year, voluntarily departed the United States
(whether or not pursuant to section 244(e)
)
prior to the commencement of proceedings under section 235(b)(1)
or
section 240
,
and again seeks admission within 3 years of the date of such alien's
departure or removal, or
(II)
has been unlawfully present in the United States for one year or
more, and who again seeks admission within 10 years of the date of
such alien's departure or removal from the United States,is
inadmissible.
(ii)
Construction of unlawful presence.-For purposes of this paragraph, an
alien is deemed to be unlawfully present in the United States if the
alien is present in the United States after the expiration of the
period of stay authorized by the Attorney General or is present in
the United States without being admitted or paroled.
(I)
Minors.-No period of time in which an alien is under 18 years of age
shall be taken into account in determining the period of unlawful
presence in the United States under clause (I).
(II)
Asylees.-No period of time in which an alien has a bona fide
application for asylum pending under section 208
shall
be taken into account in determining the period of unlawful presence
in the United States under clause (i) unless the alien during such
period was employed without authorization in the United States.
(III)
Family unity.-No period of time in which the alien is a beneficiary
of family unity protection pursuant to section 301
of
the Immigration Act of 1990 14/
shall
be taken into account in determining the period of unlawful presence
in the United States under clause (I).
(IV)
Battered women and children.-Clause (i) shall not apply to an alien
who would be described in paragraph (6)(A)(ii) if "violation of
the terms of the alien's nonimmigrant visa" were substituted for
"unlawful entry into the United States" in subclause (III)
of that paragraph.
(V)
13a/
VICTIMS
OF A SEVERE FORM OF TRAFFICKING IN PERSONS- Clause (i) shall not
apply to an alien who demonstrates that the severe form of
trafficking (as that term is defined in section 103 of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102)) was at
least one central reason for the alien's unlawful presence in the
United States.
(iv)
Tolling for good cause.-In the case of an alien who-
(I)
has been lawfully admitted or paroled into the United States,
(II)
has filed a nonfrivolous application for a change or extension of
status before the date of expiration of the period of stay authorized
by the Attorney General, and
(III)
has not been employed without authorization in the United States
before or during the pendency of such application,the calculation of
the period of time specified in clause (i)(I) shall be tolled during
the pendency of such application, but not to exceed 120 days.
(v)
Waiver.-The Attorney General has sole discretion to waive clause (i)
in the case of an immigrant who is the spouse or son or daughter of a
United States citizen or of an alien lawfully admitted for permanent
residence, if it is established to the satisfaction of the Attorney
General that the refusal of admission to such immigrant alien would
result in extreme hardship to the citizen or lawfully resident spouse
or parent of such alien. No court shall have jurisdiction to review a
decision or action by the Attorney General regarding a waiver under
this clause.
(C)
Aliens unlawfully present after previous immigration violations.-
(i)
In general.-Any alien who-
(I)
has been unlawfully present in the United States for an aggregate
period of more than 1 year, or
(II)
has been ordered removed under section 235(b)(1)
,
section 240
,
or any other provision of law, and who enters or attempts to reenter
the United States without being admitted is inadmissible.
(ii)
Exception.-Clause (i) shall not apply to an alien seeking admission
more than 10 years after the date of the alien's last departure from
the United States if, prior to the alien's reembarkation at a place
outside the United States or attempt to be readmitted from a foreign
contiguous territory, 14a/
6aa/
the
Secretary of Homeland Security has consented to the alien's
reapplying for admission.
(iii)
6aa/
WAIVER-
The Secretary of Homeland Security may waive the application of
clause (i) in the case of an alien who is a VAWA self-petitioner if
there is a connection between--
(I)
the alien's battering or subjection to extreme cruelty; and
(II)
the alien's removal, departure from the United States, reentry or
reentries into the United States; or attempted reentry into the
United States.
(10)
15/
MISCELLANEOUS.-
(A)
Practicing polygamists.-Any immigrant who is coming to the United
States to practice polygamy is inadmissible.
(B)
Guardian required to accompany helpless alien.-Any alien-
(i)
who is accompanying another alien who is inadmissible and who is
certified to be helpless from sickness, mental or physical
disability, or infancy pursuant to section 232(c)
,
and
(ii)
whose protection or guardianship is determined to be required by the
alien described in clause (I), is inadmissible. 16/
(C)
International child abduction.-
(i)
In general.-Except as provided in clause (ii), any alien who, after
entry of an order by a court in the United States granting custody to
a person of a United States citizen child who detains or retains the
child, or withholds custody of the child, outside the United States
from the person granted custody by that order, is inadmissible until
the child is surrendered to the person granted custody by that order.
16a
/
(ii)
ALIENS SUPPORTING ABDUCTORS AND RELATIVES OF ABDUCTORS. -- Any alien
who--
(I)
is known by the Secretary of State to have intentionally assisted an
alien in the conduct described in clause (i),
(II)
is known by the Secretary of State to be intentionally providing
material support or safe haven to an alien described in clause (i),
or
(III)
is a spouse (other than the spouse who is the parent of the abducted
child), child (other than the abducted child), parent, sibling, or
agent of an alien described in clause (i), if such person has been
designated by the Secretary of State at the Secretary's sole and
unreviewable discretion, is inadmissible until the child described in
clause (i) is surrendered to the person granted custody by the order
described in that clause, and such person and child are permitted to
return to the United States or such person's place of residence.
(iii)
EXCEPTIONS. -- Clauses (i) and (ii) shall not apply--
(I)
to a government official of the United States who is acting within
the scope of his or her official duties;
(II)
to a government official of any foreign government if the official
has been designated by the Secretary of State at the Secretary's sole
and unreviewable discretion; or
(III)
so long as the child is located in a foreign state that is a party to
the Convention on the Civil Aspects of International Child Abduction,
done at The Hague on October 25, 1980.
(D)
17/
UNLAWFUL
VOTERS-
(i)
IN GENERAL- Any alien who has voted in violation of any Federal,
State, or local constitutional provision, statute, ordinance, or
regulation is inadmissible.
(ii)
EXCEPTION- In the case of an alien who voted in a Federal, State, or
local election (including an initiative, recall, or referendum) in
violation of a lawful restriction of voting to citizens, if each
natural parent of the alien (or, in the case of an adopted alien,
each adoptive parent of the alien) is or was a citizen (whether by
birth or naturalization), the alien permanently resided in the United
States prior to attaining the age of 16, and the alien reasonably
believed at the time of such violatio n that he or she was a citizen,
the alien shall not be considered to be inadmissible under any
provision of this subsection based on such violation.
(E)
Former citizens who renounced citizenship to avoid taxation.-Any
alien who is a former citizen of the United States who officially
renounces United States citizenship and who is determined by the
Attorney General to have renounced United States citizenship for the
purpose of avoiding taxation by the United States is excludable. 18/
| File Type | application/msword |
| File Title | Sec |
| Author | Liana Miranda |
| Last Modified By | Liana Miranda |
| File Modified | 2011-03-25 |
| File Created | 2011-03-25 |