GENERAL CLASSES OF ALIENS INELIGIBLE TO RECEIVE VISAS AND
EXCLUDED FROM ADMISSION
SEC.
212. (a) Except as otherwise provided in this Act, the following
classes of aliens shall be ineligible to receive visas and shall be excluded
from
admission into the United
States:
(1) Aliens who are
feeble-minded;
(2) Aliens who are
insane;
(3) Aliens who have had one or more attacks of insanity;
(4) Aliens afflicted with psychopathic personality, epilepsy, or a
mental
defect;
(5) Aliens who are narcotic drug addicts or chronic alcoholics;
(6) Aliens who are afflicted with tuberculosis in
an}'
form, or with
leprosy, or any dangerous contagious
disease;
(7) Aliens not comprehended within any of the foregoing classes
who are certified by the examining surgeon as having a physical
defect,
disease, or disability,
w^hen
determined by the consular or immigration
officer to be of such a nature that it may affect the ability of the alien
to earn a living, unless the alien affirmatively establishes that he will
not have to earn a
living;
(8) Aliens who are paupers, professional
beggars,
or vagrants;
(9) Aliens who have been convicted of a crime involving moral
turpitude (other than a purely political offense), or aliens who admit
having committed such a crime, or aliens who admit committing acts
which constitute the essential elements of such a crime; except that
aliens who have committed only one such crime while under the age
of eighteen years may be granted a visa and admitted if the crime was
committed more than five years prior to the date of the application
for
a visa or other documentation, and more than five years prior to date
of application for admission to the United States, unless the crime
resulted in confinement in a prison or correctional institution, in which
case such alien must have been released from such confinement more
than five years prior to the date of the application for a visa or other
documentation, and for admission, to the United States;
(10) Aliens who have been convicted of two 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
w^hether
the offenses involved moral
turpitude, for which the aggregate sentences to confinement actually
imposed were five years or
more;
(11) Aliens
w^ho
are
polygamists
or who practice polygamy or
advocate the practice of
polygamy;
(12) Aliens who are prostitutes or who have engaged in
i:)rostitu-
tion, or aliens coming to the United States solely, principally, or inci-
dentally to engage in prostitution; aliens who directly or indirectly
66 STAT.]
|^
PUBLIC
LAW
4
14-JUNE
27, 1952 183
procure or
attempt
to procure, or who have procured or attempted to
procure or to import, prostitutes or persons for the purpose of prosti-
tution or for any other immoral
purpose;
and aliens who are or have
been supported by, or receive or have received, in whole or in part, the
proceeds of prostitution or aliens coming to the United States to engage
in any other unlawful commercialized vice, whether or not related
to
prostitution;
(18) Aliens coming to the United States to engage in any immoral
sexual
act;
(14) Aliens seeking to enter the United States for the purpose of
performing skilled or unskilled labor, if the Secretary of Labor has
determined and certified to the Secretary of State and to the Attorney
General that (A) sufficient workers in the United States who are able,
willing, and qualified are available at the time (of application for a
visa and for admission to the United States) and place (to
w^hich
the alien is destined) to perform such skilled or unskilled labor, or
(B) the employment of such aliens will adversely affect the wages
and working conditions of the workers in the United States similarly
employed. The exclusion of aliens under this paragraph shall apply
only to the following classes: (i) those aliens described in the non-
preference category of section 203 (a) (4), (ii) those aliens described
in section 101 (a) (27) (C),
(27)
(D), or (27) (E) (other than the
parents, spouses, or children of United States citizens or of aliens
lawfully admitted to the United States for permanent residence),
unless their services are determined by the Attorney General to be
needed urgently in the United States because of the high education,
technical training, specialized experience, or exceptional ability of
/
such immigrants and to be substantially beneficial prospectively
to
the national economy, cultural interest or welfare of the United
States;
(15) Aliens
w^ho,
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, are likely at any time to become
public
charges;
(16) Aliens who have been excluded from admission and deported
and who again seek admission within one year from the date of such
deportation, unless prior to their reembarkation at a place outside the
United States or their attempt to be admitted
from foreign
contiguous
territory the Attorney General has consented to their reapplying
for
admission;
(17) Aliens who have been arrested and deported, or
w'ho
have
fallen into distress and have been removed pursuant to this or any
prior act, or who have been removed as alien enemies, or
w^ho
have
been removed at Government expense in lieu of deportation pursuant
to section 242 (b), unless prior to their embarkation or reembarkation
at a place outside the United States or their attempt to be admitted
from foreign contiguous territory the Attorney General has consented
to their applying or reapplying
for
admission;
(18) Aliens who are
stowaways;
(19) Any alien who seeks to procure, or has sought to procure, or
has procured a visa or other documentation, or seeks to enter the
United States, by fraud, or by willfully misrepresenting a material
fact;
(20) Except as otherwise specifically provided in this Act, any
immigrant who at the time of application for admission is not in pos-
session 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
PUBLIC LAW
414-JUNE
27, 1952
[66
STAT.
is required under the
regulations
issued by the Attorney General
pursuant to section 211 (e) ;
(21) Except as otherwise specifically provided in this Act, any quota
immigrant
at the time of application for admission whose visa has
been issued without compliance with the provisions of section 203;
(22) Aliens who are ineligible to citizenship, except aliens seeking
to enter as nonimmigrants; or persons who have departed from or
who have 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, except aliens
who were at the time of such departure nonimmigrant aliens and who
seek to reenter the United States as
nonimmigrants;
(23) Any alien who has been convicted of a violation of any law or
regulation relating to the illicit traffic in narcotic drugs, or who has
been convicted of a violation of any
law"
or regulation governing or
controlling the taxing,
manufacture,
production, compounding, trans-
portation, sale, exchange, dispensing, giving away, importation,
exportation, or the possession for the purpose of the manufacture,
production, compounding, transportation, sale, exchange, dispensing,
giving away, importation or exportation of opium, coca leaves, heroin,
marihuana, or any salt derivative or preparation of opium or coca
leaves, or isonipecaine or any addiction-forming or addiction-sustain-
ing
opiate;
or any alien who the consular officer or immigration officers
know or have reason to believe is or has been an illicit trafficker in any
of the
aforementioned
drugs;
(24) Aliens (other than those aliens who are native-born citizens of
countries enumerated in section 101 (a) (27) (C) and aliens described
in section 101 (a) (27) (B)) who seek admission from foreign con-
tiguous territory or adjacent islands, having arrived there on a vessel
or aircraft of a nonsignatory line, or if signatory, a noncomplying
transportation line
imder
section 238 (a) and who have not resided
for at least
tw^o
years subsequent to such arrival in such territory or
adjacent islands;
(25) Aliens (other than aliens who have been lawfully admitted for
permanent residence and who are returning
from
a temporary visit
abroad) over sixteen years of age, physically capable of reading, who
cannot read and understand some language or
dialect;
(26) Any nonimmigrant
w^ho
is not in possession of (A) a passport
valid for a minimum period of six months
from
the date of the expira-
tion of the initial period of his admission or contemplated initial
period of stay authorizing him to return to the country from which
he came or to proceed to and enter some other country during such
period;
and (B) at the time of application for admission a valid non-
immigrant visa or border crossing identification card;
(27) Aliens who the consular officer or the Attorney General knows
or has reason to believe seek to enter the United States solely, princi-
pally, or incidentally to engage in activities which would be prejudi-
cial to the public interest, or endanger the welfare, safety, or security
of the United
States;
(28) Aliens who are, or at any time have been, members of any of
the
following
classes:
(A) Aliens who are
anarchists;
(B) Aliens who advocate or teach, or who are members of or
affiliated with any organization that advocates or teaches, oppo-
sition to all organized government;
(C) Aliens who are members of or affiliated with (i) the Com-
munist Party of the United States, (ii) any other totalitarian
party of the United States, (iii) the Communist Political Associa-
tion, (iv) the Communist or any other totalitarian party of any
66
STAT.]
PUBLIC LAW
4
14-JUNE
27, 1952 185
State of the United States, of any foreign state, or of any political
or geographical subdivision of any foreign state, (v) any section,
subsidiary, branch, affiliate, or subdivision of any such association
or party, or (vi) the direct predecessors or successors of any such
association or party, regardless of what name such group or
organization may have used, may now bear, or may hereafter
adopt:
Provided^
That nothing in this paragraph, or in any other
provision of this Act, shall be construed as declaring that the
Communist Party does not advocate the overthrow of the Gov-
ernment of the United States by force, violence, or other uncon-
stitutional means;
(D) Aliens not within any of the other provisions of this para-
graph who advocate the economic, international, and govern-
mental doctrines of world communism or the establishment in
the United States of a totalitarian dictatorship, or who are mem-
bers of or affiliated with any organization that advocates the
economic, international, and governmental doctrines of world
communism or the establishment in the United States of a totali-
tarian dictatorship, either through its own utterances or through
any written or printed publications issued or published by or with
the permission or consent of or under the authority of such organ-
ization or paid for by the funds of, or
funds
furnished by, such
organization;
(E) Aliens not within any of the other provisions of this para-
graph, who are members of or affiliated with any organization
during the time it is registered or required to be registered under
section 7 of the Subversive Activities Control Act of 1950, unless
^4
st^^
993.
such aliens establish that they did not have knowledge or reason
to believe at the time they became members of or affiliated with
such an organization (and did not thereafter and prior to the
date upon which such organization was so registered or so required
to be registered have such knowledge or reason to believe) that
such organization was a Communist
organization;
(F) Aliens who advocate or teach or who are members of or
affiliated with any organization that advocates or teaches (i) the
overthrow by force, violence, or other unconstitutional means of
the Government of the United States or of all forms of
law;
or
(ii) the duty, necessity, or propriety of the unlawful assaulting
or killing of any officer or officers (either of specific individuals
or of officers generally) of the Government of the United States
or of any other organized government, because of his or their
official
character;
or (iii) the unlawful damage, injury, or destruc-
tion of
property;
or (iv)
sabotage;
(G) Aliens who write or publish, or cause to be written or pub-
lished, or who knowingly circulate, distribute, print, or display,
or knowingly cause to be circulated, distributed, printed, pub-
lished, or displayed, or who knowingly have in their possession
for
the purpose of circulation, publication, distribution, or display,
any written or printed matter,
advocating
or
teaching
opposition
to all organized government, or advocating or teaching (i) the
overthrow by force, violence, or other unconstitutional means of
the Government of the United States or of all forms of
law;
or
(ii) the duty, necessity, or propriety of the unlawful assaulting or
killing of any officer or officers (either of specific individuals or
of officers generally) of the Government of the United States or
of any other organized government, because of his or their official
character; or (iii) the unlawful damage, injury, or destruction of
property; or (iv) sabotage; or (v) the economic, international,
and governmental doctrines of world communism or the establish-
ment in the United States of a totalitarian
dictatorship;
W^
PUBLIC LAW
414-JUNE
27, 1952
[66
STAT.
(H)
Aliens who are members of or affiliated with any organiza-
tion that writes, circulates, distributes, prints, publishes, or dis-
plays,
or causes to be written, circulated, distributed, printed,
published, or displayed, or that has in its possession for the pur-
pose of circulation, distribution, publication, issue, or display, any
written or printed matter of the character described in para-
graph
(G);
(I) Any alien who is within any of the classes described in sub-
paragraphs (B), (C), (D), (E), (F), (G), and (H) of this
paragraph because of membership in or affiliation with a party
or organization or a section, subsidiary, branch, affiliate,
qr
sub-
division
thereof,
may, if not otherwise ineligible, be issued a visa
if such alien establishes to the satisfaction of the consular officer
when applying for a visa and the consular
ofiicer
finds that (i)
such membership or affiliation is or was involuntary, or is or was
solely when under sixteen years of age, by operation of law, or
for purposes of obtaining employment, food rations, or other
essentials of living and where necessary for such purposes, or
(ii) (a) since the termination of such membership or affiliation,
such alien is and has been, for at least five years prior to the date
of the application for a visa, actively opposed to the doctrine,
program, principles, and ideology of such party or organization
or the section, subsidiary, branch, or affiliate or subdivision
thereof,
and (b) the admission of such alien into the United
States would be in the public interest. Any such alien to whom
a visa has been issued under the
provisions'of
this subparagraph
may, if not otherwise inadmissible, be admitted into the United
States if he shall establish to the satisfaction of the Attorney
General when applying for admission to the United States and
the Attorney General finds that (i) such membership or affilia-
tion is or was involuntary, or is or was solely when under sixteen
years of age, by operation of law, or for purposes of obtaining
employment, food rations,
or
other essentials of living and when
necessary for such purposes, or (ii) (a) since the termination of
such membership or affiliation, such alien is and has been, for at
least five years prior to the date of the application for admission
actively opposed to the doctrine, program, principles, and ideology
of such party or organization or the section, subsidiary, branch,
or affiliate or subdivision
thereof,
and (b) the admission of such
alien into the United States would be in the public interest. The
Attorney General shall promptly make a detailed report to the
Congress in the case of each alien who is or shall be admitted
into
the United States under (ii) of this subparagraph;
(29) Aliens with respect to whom the consular officer or the Attor-
ney General knows or has reasonable ground to believe probably
would, after entry, (A) engage in activities which would be pro-
hibited by the laws of the United States relating to espionage, sabo-
tage,
public disorder, or in other activity subversive to the national
security, (B) engage in any activity a purpose of which is the opposi-
tion to, or the control or overthrow of, the Government of the United
States, by force, violence, or other unconstitutional means, or (C)
join, affiliate with, or participate in the activities of any organization
50
use
786.*
which is registered or required to be registered under section 7 of the
Subversive Activities Control Act of
1950;
(30) Any alien accompanying another alien ordered to be excluded
and deported and certified to be helpless from sickness or mental or
])hysical
disability or infancy pursuant to section 237 (e), whose pro-
tection or guardianship is required by the alien ordered excluded and
deported;
66 STAT.]
PUBLIC
LAW
4
14-JUNE
27, 1952 187
(31) Any
alien
who at any time shall have, knowingly and for gain,
encouraged, induced, assisted, abetted, or aided any other alien to enter
or to try to enter the United States in violation of law,
(b) The provisions of paragraph (25) of
subsection
(a) shall not be
.^NonappUcabii-
applicable to any alien who (1) is the parent, grandparent, spouse,
daughter, or son of an admissible alien, or any alien lawfully admitted
for permanent residence, or any citizen of the United States, if accom-
panying such admissible alien, or coming to join such citizen or alien
lawfully admitted, and if otherwise admissible, or (2) proves that he
is seeking admission to the United States to avoid religious persecu-
tion in the country of his last permanent residence, whether such per-
secution be evidenced by overt acts or by
law^s
or governmental regula-
tions that discriminate against such alien or any group to which he
belongs because of his religious faith. For the purpose of ascertain-
ing whether an alien can read under paragraph (25) of subsection (a),
the consular officers and immigration officers shall be furnished with
slips of uniform size, prepared under direction of the Attorney
(jen-
eral,
each containing not less than thirty nor more than forty words in
ordinary use, printed in plainly legible type, in one of the various
languages or dialects of immigrants. Each alien may designate the
particular language or dialect in which he desires the examination to
be made and shall be required to read and understand the words
printed on the slip in such language or dialect.
(c)
Aliens lawfully admitted for permanent residence who tempo-
rarily proceeded abroad voluntarily and not under an order of depor-
tation, and who are returning to a lawful unrelinquished domicile of
seven consecutive years, may be admitted in the discretion of the At-
torney General without regard to the provisions of paragraph (1)
through (25) and paragraphs (30) and (31) of subsection (a). Noth-
ing contained in this subsection shall limit the authority of the At-
torney General to exercise the discretion vested in him under section
211 (b).
(d) (1) The provisions of paragraphs (11) and (25) of subsection
(a) shall not be applicable to any alien
wdio
in good faith is seeking to
enter the United States as a nonimmigrant.
(2) The provisions of paragraph (28) of subsection (a) of this
section shall not be applicable to any alien who is seeking to enter the
United States temporarily as a nonimmigrant under paragraph (15)
(A) (iii) or (15) (G)
(v)
of section 101 (a).
(3) Except as provided in this subsection, an alien (A) who is
applying for a nonimmigrant visa and is known or believed by the
consular officer to be ineligible for such visa under one or more of the
paragraphs enumerated in subsection (a) (other than paragraphs (27)
and (29)), may, after approval by the Attorney General of a recom-
mendation by the Secretary of State or by the consular officer that
the alien be admitted temporarily despite his inadmissibility, be
granted such a visa and may be admitted into the United States tem-
porarily as a nonimmigrant in the discretion of the Attorney General,
or (B) who is inadmissible under one or more of the paragraphs
enumerated in subsection (a) (other than paragraphs (27) and (29)),
but
w^ho
is in possession of appropriate documents or is granted a
waiver thereof and is seeking admission, may be admitted into the
United States temporarily as a nonimmigrant in the discretion of the
Attorney General.
(4) Either or both of the requirements of paragraph (26) of sub-
section (a) may be waived by the Attorney General and the Secretary
of State acting jointly (A) on the basis of unforeseen emergency in
individual cases, or (B) on the basis of reciprocity with respect to
nationals of foreign contiguous territory or of adjacent islands and
Waiver of
re-
quirements.
188
PUBLIC LAW
414-JUNE
27, 1952
[66
ST
AT.
Parole of aliens.
Report
to Con-
gress.
S u s p e n s ion of
entry by President.
residents thereof having a common nationality with such nationals, or
(C) in the case of aliens proceeding in immediate and continuous
transit through the United States under contracts authorized in sec-
tion 238 (d).
(5) The Attorney General may in his discretion parole into the
United States temporarily under such conditions as he may prescribe
for
emergent reasons or
for
reasons deemed strictly in the public inter-
est any alien applying for admission to the United States, but such
parole of such alien shall not be regarded as an admission of the alien
and when the purposes of such parole shall, in the opinion of the
Attorney General, have been served the alien shall forthwith return
or be returned to the custody from which he was paroled and there-
after his case shall continue to be dealt with in the same manner as
that of any other applicant for admission to the United States.
(6) The Attorney General shall prescribe conditions, including
exaction of such bonds as may be necessary, to control and regulate
the admission and return of excludable aliens applying for temporary
admission under this subsection. The Attorney General shall make a
detailed report to the Congress in any case in which he exercises his
authority under
paragi*aph
(3) of this subsection on behalf of any
alien excludable under paragraphs (9), (10), and (28) of sub-
section (a).
(7) The provisions of subsection (a) of this section, except para-
graphs (20), (21), and (26), shall be applicable to any alien who shall
leave Hawaii, Alaska, Guam, Puerto Rico, or the Virgin Islands of
the United States, and who seeks to enter the continental United States
or any other place under the jurisdiction of the United
States:
Pro-
vided^
That persons who were admitted to Hawaii under the last sen-
tence of section 8 (a) (1) of the Act of March 24, 1934, as amended
(48 Stat. 456), and aliens who were admitted to Hawaii as nationals
of the United States shall not be excepted by this paragraph froin
the application of paragraphs (20) and (21) of subsection (a) of
this section, unless they belong to a class declared to be nonquota immi-
grants under the provisions of section 101 (a) (27) of this Act, other
than subparagraph (C)
thereof,
or unless they were admitted to Hawaii
w^ith
an immigration visa. The Attorney General shall by regulations
provide a method and procedure for the
temporary
admission to the
United States of the aliens described in this proviso. Any alien
described in this paragraph, who is excluded from admission to the
United States, shall be immediately deported in the manner provided
by section 237 (a) of this Act.
(8) Upon a basis of reciprocity accredited officials of foreign govern-
ments, their immediate families, attendants, servants, and personal
employees may be admitted in immediate and continuous transit
through the United States without regard to the provisions of this sec-
tion except paragraphs (26), (27), and (29) of subsection (a) of this
section.
(e) Whenever the President
finds
that the entry of any aliens or of
any class of aliens into the United States would be detrimental to the
interests of the United States, he may by proclamation, and for such
period as he shall deem necessary, suspend the entry of all aliens or
any class of aliens as immigrants or nonimmigrants, or impose on the
entry of aliens any restrictions he may deem to be appropriate.
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