1952 Immigration and Nationality Act
INA:
ACT 212 - GENERAL CLASSES OF ALIENS INELIGIBLE TO RECEIVE VISAS AND
INELIGIBLE FOR ADMISSION; WAIVERS OF INADMISSIBILLITY
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:
(1) Health-related
grounds.-
(A) In general.-Any
alien-
(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;
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(ii)
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except as provided in subparagraph (C)
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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-preventable 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)
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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 subparagraph (F) or (G) of section
101(b)(1)(F),
and
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(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
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were 5 years or more is inadmissible.
(C)
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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 inadmissible.
(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)
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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)
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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,
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or who the consular officer, the Secretary of Homeland Security, the
Secretary of State,
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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)
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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.
(B) Terrorist
activities-
(i)
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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.
An alien who is an officer, official, representative, or spokesman
of the Palestine Liberation Organization is considered, for purposes
of this chapter, to be engaged in a terrorist activity.
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(ii) EXCEPTION- Subclause (IX)
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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.
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(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
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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,
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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)
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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.
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(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)
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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).
(C) Foreign policy.-
(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 would 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 whether 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)
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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
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ordered, incited, assisted, or otherwise participated
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in genocide, as defined in section 1091(a) of title 18, United States
Code, is inadmissible.
(iii)
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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.
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(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)
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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.
(4) Public charge.-
(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.
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(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) the alien has obtained-
(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);
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(III)
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classification or status as a VAWA self-petitioner; or
(ii) the person petitioning for the
alien's admission
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(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.
(E)
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Special Rule for Qualified Aliens. - Subparagraphs (A), (B), and (C)
shall not apply to an alien who -
(i) is a VAWA self-petitioner;
(ii) is an applicant for, or is granted, nonimmigrant status under
section 101(a)(15)(U); or
(iii) is a qualified alien described in section 431(c) of the
Personal Responsibility and Work Opportunity Reconciliation Act of
1996 (8 U.S.C. 1641(c)).
(5) Labor certification
and qualifications for certain immigrants.-
(A) Labor
certification.-
(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)
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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)
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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 determined 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
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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)
8ALIENS
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
(hall not apply to an alien who demonstrates that-
(I) the alien is a VAWA self-petitioner;
6aa
(II)(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 residing
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.
(C) Misrepresentation.-
(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)
9FALSELY
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.
(E) Smugglers.-
(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)(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.-
(A) Immigrants.-
(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).
(B) Nonimmigrants.-
(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
11
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.
(iii) Exceptions.-
(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 violation 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