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CLASSES OF ALIENS INELIGIBLE TO RECEIVE VISAS
The following sections of the law are taken from the immigration and Nationality
Act, 8 U.S.C. 1001, et. seq., as amended by Public Law 101-549 of
November 29, 1990.
Section 221 (g) of the Immigration and Nationality Act reads as follows:
No visa or other documentation shall be issued to an alien if (1) it
appears to the consular officer, from statements in the application, or in the
papers submitted therewith, that such alien is ineligible to receive a visa or
such other documentation under section 212, or any other provision o f the law,
(2) the application fails to comply with the provisions of this Act, or the
regulations issued there under, or (3) the consular officer knows or has reason
to believe that such alien is ineligible to receive a visa or such other
documentation under section 212, or any other provision of law: Provided,
That a visa or other documentation may be issued to an alien who is within the
purview of section 212 (a)(4), if such alien is otherwise entitled to receive a
visa or other documentation under 212, or any other provision of law:
Provided, That a visa or other documentation upon receipt of notice by the
consular officer from the Attorney General of the giving of a bond or
undertaking providing indemnity as in the case of aliens admitted under section
213: Provided further, That a visa may be issued to an alien defined in
section 101(a)(15)(B) or (F), if such alien is other wise entitled to receive a
visa, upon receipt of a notice by the consular officer from the Attorney General
of giving of a bond with sufficient surety in such sum and containing such
conditions as the consular officer shall prescribe, to insure that at the
expiration of the time for which such alien has been admitted by the Attorney
General, as provided in section 214(a), or upon failure to maintain the status
under which he was admitted, or to maintain any status subsequently acquired
under section 248 of the Act, such alien will depart from the United States.
Section 212 (a) of the Immigration and Nationality Act reads as follows:
Classes of Excludable Aliens - Except as otherwise provided in this Act,
the following describes classes of excludable aliens who are ineligible to
receive visas and who shall be exclude from admission into 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,
(ii) who is determined (in accordance with regulations prescribed by
the Secretary of Health and Human Services in consultation with to 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 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
(iii) who is determined (in accordance with regulations prescribed by the
Secretary of Health and Human Services) to be a drug abuser or addict, is
excludable.
(B) WAIVER AUTHORIZED.-- For provisions authorizing waiver of
certain clauses of subparagraph (A), see subsection (g).
(2) CRIMINAL AND RELATED GROUNDS.--
(A) CONVICTION OF CERTAIN CRIMES.--
(i) IN GENERAL.-- Except as provided in a clause (ii), any alien
convicted of, or who admits having committed, or who admits acts which
constitute the essential elements of--
(I) a crime involving moral turpitude (other than a purely political
offense), or
(II) a violation of (or a conspiracy 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 excludable.
(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 visas 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, 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 actually imposed
were 5 years or more is excludable.
(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, entry, 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, entry, 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 excludable.
(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 excludable.
(F) WAIVER AUTHORIZED.-- For provisions authorizing waiver of
certain subparagraphs of this paragraph, see subsection (h).
(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 to violate any law of the United States relating to
espionage or sabotage or 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 excludable.
(B) TERRORIST ACTIVITIES. --
(i) IN GENERAL.-- Any alien who--
(I) has engaged in terrorist activity, or
(II) a consular officer of the Attorney General knows, or has
reasonable ground to believe, is likely to engage after entry in any terrorist
activity (as defined in clause (iii)), is excludable.
An alien is an officer, official, representative, or spokesman of the
Palestine Liberation Organization is considered, for purpose of this Act, to be
engaged in a terrorist activity.
(ii) 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 committed in the United States, would
be unlawful under the laws of the United States or any State) and which involves
any to the following:
(I) The hijacking or sabotaging of any conveyance (including 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--
(a) biological agent, chemical agent, or nuclear weapon or device, or
(b) explosive or firearm (other than for mere personal monetary gain),
with the 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.
(iii) ENGAGE IN TERRORIST ACTIVITY DEFINED.-- As used in this Act, the
term 'engage in terrorist activity' means to commit, in an individual capacity
or as a member of an organization, an act which the actor knows or reasonably
should know, afford material support to an individual organization or government
in conducting a terrorist activity at any time, including any of the following
acts;
(I) The preparation or planning of a terrorist activity.
(II) The gathering of information on potential targets for terrorist
activity.
(III) The Providing of any type of material support, including a safe
house, transportation, communications, funds, false identification, weapons,
explosives, of training, to any individual the actor knows or has reason to
believe has committed or plans to commit a terrorist activity.
(IV) The soliciting of funds or other things of value for terrorist
activity or for any terrorist organization.
(V) Tho solicitation of any individual for membership in a terrorist
organization, terrorist government, or to engage in a terrorist activity.
(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 excludable.
(ii) EXCEPTIONS 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 belief, statements, or associations would be lawful within the United
States.
(iii) EXCEPTIONS 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, 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 chairman 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 excludable.
(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 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--
(a) 2 years before the date of such application, or
(b) 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) PARTICIPANTS IN NAZI PERSECUTIONS OR GENOCIDE.--
(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, or incited, assisted, or otherwise participated in the persecution
of any person because of race, religion, national origin, or political
opinion is excludable.
(ii) PARTICIPATION IN GENOCIDE.-- Any alien who has engaged in
conduct that is defined as genocide for purposes of the International
Convention on the Prevention and Punishment of Genocide is excludable.
(4) PUBLIC CHARGE.-- 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, likely
to become a public charge is excludable.
(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 excludable,
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 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.
(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 or 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 excludable,
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) APPLICATION OF GROUNDS.-- The grounds for exclusion of aliens under
subparagraph (A) and (B) shall apply to immigrants seeking admission or
adjustment of status under paragraphs (2) or (3) of Section 203(b).
(6) ILLEGAL ENTRANTS AND IMMIGRATION VIOLATORS.--
(A) ALIENS PREVIOUSLY DEPORTED.-- Any alien who has been excluded from
admission and deported and who again seeks admission within one year of the date
of such deportation is excludable, unless prior to the alien's
embarkation 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) CERTAIN ALIENS PREVIOUSLY REMOVED.-- Any alien who--
(i) has been arrested and deported,
(ii) has fallen into distress and has been removed pursuant to this or
any prior Act,
(iii) has been removed as an alien enemy, or
(iv) has been removed at Government expense in lieu of deportation
pursuant to section 242(b), and (a) who seeks admission within 5 years of the
date of such deportation or removal or (b) who seeks admission within 20 years
in the case of an alien convicted of an aggravated felony, is excludable, unless
before the date of the alien's embarkation or embarkation at a place outside the
United states or attempted to be admitted from foreign contiguous territory the
Attorney General has consented to the alien's applying or reapplying for
admission.
(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 entry into the United States or other benefit
provide under this Act is excludable.
(ii) WAIVER AUTHORIZED.-- For provisions authorizing waiver of clause
(i), see subsection (i).
(D) STOWAWAYS.-- Any alien who is a stowaway is excludable.
(E) SMUGGLERS.--
(i) 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 excludable.
(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 of 1990) or benefit 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 provisions authorizing waiver of clause
(i), see subsection (d)(11).
(F) SUBJECT OF CIVIL PENALTY.-- An alien who is the subject of a final
order for violation of section 247C is excludable.
(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 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 excludable
(ii) WAIVER AUTHORIZED.-- For provisions 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
excludable.
(ii) GENERAL WAIVER AUTHORIZED.-- For provisions authorizing waiver of
clause (i) see subsection (d)(4).
(iii) GUAM VISA WAIVER.-- For provision authorizing waiver of clause
(i) in the case of visitors to Guam, see subsection (I).
(iv) VISA WAIVER PILOT PROGRAM.-- For authority to waive the
requirements of clause (i) under a pilot program, see section 217.
(8) INELIGIBLE FOR CITIZENSHIP.--
(A) IN GENERAL.-- Any immigrant who is permanently ineligible to
citizenship is excludable.
(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 emergency
is excludable, 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) MISCELLANEOUS.-- (A) PRACTICING POLYGAMIST.-- Any immigrant who is
coming to the United States to practice polygamy is excludable.
(B) GUARDIAN REQUIRED TO ACCOMPANY EXCLUDED ALIEN.-- Any alien accompanying
another alien ordered to be excluded and deported and certified to be
helpless from sickness or mental or physical disability or infancy pursuant
to section 237(e), whose protection or guardianship is required by the alien
ordered excluded and deported, is excludable.
(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 custody of the child outside the United States from the person granted
custody by that order.
(ii) EXCEPTION.-- Clause (i) shall not apply so long as the child is
located in a foreign state that is a party of the Hague Convention on the
Civil Aspects of International Child Abduction.
Section 212(e) of the Immigration and Nationality Act reads as follows:
No person admitted under section 101(a)(15)(j) of this title or
acquiring such status after admission (i) whose participation in the program for
which he came to the United states was financed in whole or in part, directly or
indirectly, by an agency of the Government of the United States or by the
government of the country of his nationality of his last residence, (ii) who at
the time of admission or acquisition of status under section 101(a)(15)(j) of
this title was a national or resident of a country which the the Director of the
U.S. Information Agency pursuant to regulations proscribed by him, had
designated as clearly requiring the services of persons engaged in the field of
specialized knowledge or skill in which the alien was engaged, or (iii) who came
to the United states or acquired such status in order to receive graduate
medical education or training, shall be eligible to apply for an immigrant visa,
or for permanent residence, or for a nonimmigrant visa under sections
101(a)(15)(H), 101(a)(15)(L), of this title until it is established that such
person has resided and been physically present in the country of his nationality
or his last residence for an aggregate of at least two years following departure
from the United States: Provided, That upon the favorable recommendation
of the Director, pursuant to the request of an interested Government Agency, or
of the Commissioner of Immigration and Naturalization after he has determined
that departure from the United States would impose exceptional hardship upon the
alien's spouse or child (if such spouse or child is a citizen of the United
States or lawfully resident alien), or that the alien cannot return to the
country of his nationality or last residence because he would be subject to
persecution on account of race, religion, or political opinion, the Attorney
General may waive the requirements of such two-year foreign residence abroad in
the case of any alien whose admission to the United States is found by the
Attorney General to be in the public interest: And provided further, the
except in the case of an alien described in clause (iii), the Attorney General
may, upon the favorable recommendation of the Director a statement in writing
that it has no objection to such waiver in the case of such alien.
WAIVER OF INELIGIBILITY
Aliens who are ineligible for a visa under one of the classes enumerated
above may be eligible for a waiver of ineligibility under one of the
following provisions of the Act.
Section 212(g) of the Immigration and Nationality Act, provider that:
The Attorney General may waive the application of--
(1) subsection (a)(1)(A)(i) in the case of any alien who--
(A) is the spouse or the unmarried son or daughter, or the minor
unmarried lawfully adopted child, or a United States citizen, or of an alien
lawfully admitted for permanent residence, or of an alien who has been issued an
immigrant visa, or
(B) has a son or daughter who is a United States citizen, or of an
alien lawfully admitted for permanent residence, or an alien who has been issued
an immigrant visa, or
(2) subsection (a)(1)(A)(ii) in the case of any alien , in accordance with
such terms, conditions, and controls, if any, including the giving of bond, as
the Attorney General, in his discretion after consultation with the Secretary of
Health and Human Services, may by regulation prescribe.
Section 121(h) of the Immigration and Nationality Act, provides that:
The Attorney General may, in his discretion, waive the application of
subparagraphs (A)(i)(I), (B), (D), and (E) of subsection (a)(2) and
subparagraphs (A)(i)(II) of such subsection insofar as it relates to a single
offense of simple possession of 30 grams or less of marijuana if--
(1)(A) in the case of any immigrant it is established to the satisfaction
of the Attorney General that--
(i) the alien is excludable only under subparagraph (D)(i) or (D)(ii)
of such section or the activities for which the alien is excludable occurred
more than 15 years before the date of the alien's application for a visa, entry,
or adjustment of status,
(ii) the admission to the United States of such alien would not be
contrary to the national welfare, safety, or security of the United States, and
(iii) the alien has been rehabilitated; or
(B) in the case of an immigrant who is the spouse, parent, son, or daughter
of a citizen of the United States or an alien lawfully admitted for permanent
residence if it is established to the satisfaction of the Attorney General that
the alien's exclusion would result in extreme hardship to the United States
citizen or lawful resident spouse, parent, son, or daughter of such alien; and
(2) the Attorney General, in his discretion, and pursuant to such terms,
conditions and procedures as he may by regulations prescribe, has consented to
the alien's applying or reapplying for a visa, for admission to the United
States, or adjustment of status.
No waiver shall be provided under this subsection in the case of an alien
who has been convicted of (or who has admitted committing acts that
constitute) murder or criminal acts involving torture.
Section 212(i) of th the Immigration and Nationality Act, provides that:
The Attorney General may, in his discretion, waive application of clause
(i) of subsection (a)(6)(C)--
(1) in the case of an immigrant who is the spouse, parent, or son or
daughter of a United states citizen or of an immigrant lawfully admitted for
permanent residence, or
(2) if the fraud or misrepresentation occurred at least 10 years before the
date of the immigrant's application for a visa, entry, or adjustment and it is
established to the satisfaction of the Attorney General that the admission to
the Unites States of such immigrant would not be contrary to the national
welfare, safety, or security of the United States.
Section 212(d)(11) of the Immigration and Nationality Act, provides that:
The Attorney General may, in his discretion for humanitarian purposes, to
assure family unity, or when it is otherwise in the public interest, waive
application of clause (i) of subsection (a)(6)(E) in the case of any alien
lawfully admitted for permanent residence who temporarily proceeded abroad
voluntary and not under an order or deportation, and who is otherwise admissible
to the United States as a returning resident under section 211(b) and in the
case of an alien seeking admission or adjustment of status as an immediate
relative or immigrant under section 203(a) (other than paragraph (4) thereof) if
the alien 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.
Section 212(d)(3) of the Immigration an Nationality Act, provides that:
Except as provided in this subsection, an alien (A) who is applying for a
nonimmigrant visa and is know or believed by the consular officer to be
ineligible for such visa under one or more of the paragraphs enumerated in
subsection (q) (other than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii),
(3)(C), or(3)(E) of such subsection), after approval by the Attorney General of
a recommendation by the Secretary of State or by the consular officer that the
alien be admitted temporarily despite the Secretary of State or by the consular
officer that the alien be admitted into the United States temporarily as a
nonimmigrant in the discretion of the Attorney General... 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 paragraph.
Section 212(c) of the Immigration and Nationality Act, provides that:
Aliens lawfully admitted for permanent residence who temporarily proceed
abroad voluntarily and not under an order of deportation, and who are returning
to a lawful un relinquished domicile of seven consecutive years, may be admitted
in the discretion of the Attorney General without regard to the provisions of
subsection (a) (other than paragraphs (3) and (9)(C)). |
