Immigration and Nationality Act presence that was sufficient under earlier laws. Visits to the United States (14) Automatic revocation. 0000075781 00000 n 16, 1965, as amended at 63 FR 70316, Dec. 21, 1998] 341.5 Decision. A majority of unauthorized immigrants are from poorer countries in the Americas seeking greater opportunity in the wealthier United States. . However, an exchange visitor already participating in an exchange program of graduate medical education or training as of January 9, 1977 who was not then subject to the foreign residence requirement of section 212(e) and who proceeds or has proceeded abroad temporarily and is returning to the United States to participate in the same program, continues to be exempt from the foreign residence requirement. No appeal shall lie from denial of the application, but the application may be renewed before an Immigration Judge as provided in paragraph (e) of this section. 1151) be amended to read as follows: Exclusive of special immigrantsthe number of aliens who may be issued immigrant visas or who may otherwise acquire the status of an alien lawfully admitted to the United States for permanent residence, or who may, pursuant to section 203(a) (7) enter conditionally,shall not in any fiscal year exceed a total of 170,000, The immediate relatives specified in this subsection who are otherwise qualified for admission as immigrants shall be admitted as such, without regard to the numerical limitations in this Act, The immigration pool and the quotas of quota areas shall terminate June 30, 1968, No person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of his race, sex, nationality, place of birth, or place of residence. Certain immigrants may apply for a provisional unlawful presence waiver of inadmissibility as specified in 8 CFR 212.7(e). An alien applying for a waiver of inadmissibility under section 245(l)(2) of the Act in connection with an application for adjustment of status under 8 CFR 245.23(a) or (b) must submit: (1) A completed Form I485 application package; (2) The appropriate fee in accordance with 8 CFR 106.2 or an application for a fee waiver; and, as applicable. 1101 note; (4) Afghan and Iraqi Interpreters, or Afghan or Iraqi nationals employed by or on behalf of the U.S. Government as described in section 1059(a)(2) of the National Defense Authorization Act for Fiscal Year 2006 Public Law 109163 (Jan. 6, 2006), as amended, and section 602(b) of the Afghan Allies Protection Act of 2009, Public Law 1118, title VI (Mar. user convenience only and is not intended to alter agency intent This law opened the door to non-European immigration in unprecedented numbers, with many arriving through the employment preferences, which heavily favor highly-educated workers. If the Service approves a waiver request made under Pub. The examining consular or immigration officer must be satisfied that since the alien's deportation or removal, the alien has remained outside the United States for more than five consecutive years, or twenty consecutive years in the case of an alien convicted of an aggravated felony as defined in section 101(a)(43) of the Act. (ii) Minors may be released with an accompanying parent or legal guardian who is in detention. date of birth, to a child born out of wedlock, provided the paternity is The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. The Secretary or his designees may invoke, in the exercise of discretion, the authority under section 212(d)(5)(A) of the Act. <<92CF9EC92A1B5A45823C6364066B1DCF>]>> %%EOF This section does not apply to: (2) Aliens seeking admission to the United States to perform services in a non-clinical health care occupation. Application for a Certificate of Naturalisation by a naturalised An organization undertaking the administration of a predictor examination, or a licensing or certification examination shall demonstrate the ability to conduct such examination fairly and impartially. An alien applying for a provisional unlawful presence waiver must file with USCIS the form designated by USCIS, with the fees prescribed in 8 CFR 106.2, and in accordance with the form instructions. In the USCIS handbook, it describes reasons for keeping out unwanted immigrants. (g) Employment authorization. [ 30 FR 5472, Apr. (B) Canada if the alien has been in a country other than the United States or Canada since leaving Mexico. Under no circumstances will a foreign medical graduate be eligible to apply for change of status to another nonimmigrant category, for an immigrant visa or for status as a lawful permanent resident prior to completing the requisite 3-year period of employment for a health care facility located in an HHS-designated shortage area. The right of a person to become a naturalized citizen of the United States shall not be denied or abridged because of race or sex or because such person is married. Office of Refugee Resettlement; establishment; appointment of Director; functions. (iii) For a K1 or K2 nonimmigrant, approval of the waiver is conditioned on the K1 nonimmigrant marrying the petitioner; if the K1 nonimmigrant marries the K nonimmigrant petitioner, the waiver becomes valid indefinitely, subject to paragraph (a)(4)(iv) of this section, even if the applicant later abandons or otherwise loses lawful permanent resident status. (ii) Upon notification of approval of a request for parole, the LEA will advise the Commissioner of the date, time, and place of the arrival of the alien. The applicant shall be notified of the decision and if the application is denied of the reasons therefor and of his right to appeal to the Board within 15 days after the mailing of the notification of decision in accordance with the Provisions of part 3 of this chapter. The alien, his or her sponsoring family member, or other responsible person shall provide such assurances or bond as may be required to assure that the necessary expenses of the alien will be met and that he or she will not become a public charge. (5) Aliens whose continued detention is not in the public interest as determined by those officials identified in paragraph (a) of this section. Certificate of nationality issued by Secretary of State for person not a naturalized citizen of United States for use in proceedings of a foreign state. residing abroad solely or principally in the employment of the Government of Designation of foreign terrorist organizations. (iv) For an alien lawfully admitted for permanent residence on a conditional basis under section 216 of the Act, removal of the conditions on the alien's status renders the waiver valid indefinitely, even if the applicant later abandons or otherwise loses lawful permanent resident status. 1941, acquired U.S. citizenship at birth if their mothers previously had (iii) Alternative criteria. L. 103416 but fail to: Properly notify the Service of any material change in the terms and conditions of their H1B employment, by having their employer file an amended or a new H1B petition in accordance with this section and 214.2(h) of this chapter; or establish continued eligibility for the waiver and H1B status, shall (together with their dependents) again become subject to the 2-year requirement. The McCarran-Walter Act reformed some of the obvious discriminatory provisions in immigration law. States while attending school or college and while their parents remained 203 (g) Visa Canceled What Does It Really Mean? (5) Requirements for transportation lines. Ineligibility to naturalization of deserters from the Armed Forces. The authorized period of stay will be for 30 calendar days calculated from the initial admission under this visa. Wedlock to American Mother. (C) Issued by a carrier which has entered into an agreement described in paragraph (q)(5) of this section. Upon completion of this record review, the Director or the Panel shall issue a written recommendation that the detainee be released on parole or scheduled for a personal interview. All Right Reserved. (3) Security and related grounds.-, In the USCIS handbook, it describes reasons for keeping out unwanted immigrants. The ADMISSION OF REFUGEES (4) A certified statement issued to a nurse under section 212(r) of the Act must contain the following information: (i) The name, address, and telephone number of the credentialing organization, and a point of contact to verify the validity of the certified statement; (ii) The date the certified statement was issued; and. . possessions for a period or periods totaling five years between the ages of 0000006607 00000 n If USCIS finds that the alien is not eligible for a provisional unlawful presence waiver, or if USCIS determines in its discretion that a waiver is not warranted, USCIS will deny the waiver application. (2) If an applicant is inadmissible under section 212(a)(1) of the Act, USCIS may waive such inadmissibility if it determines that granting a waiver is in the national interest. (2) The adult leading the group, organization, or team must demonstrate parental or legal guardian consent by certifying in the writing submitted in paragraph (a)(1)(v)(B)(1) of this section that he or she has obtained for each child the consent of at least one parent or legal guardian. (v) The organization shall report examination results to applicants in a uniform and timely fashion. Fifty Years On, the 1965 Immigration and Nationality Act 0000001136 00000 n (2) Section 212(a) (1) or (3) (certain mental conditions) (i) Arrangements for submission of medical report. Constituted Residence in United States Under Section 201 NA. The decision to terminate parole may not be appealed. that section's requirements for retaining U.S. citizenship, but, because in Under section 214(l)(1)(B) of the Act, however, the Service, in the exercise of discretion, may excuse early termination of the foreign medical graduate's 3-year period of employment with the health care facility named in the waiver application due to extenuating circumstances. The bill amends the Immigration and Na-tionality Act to make the returning worker exception permanent for the H2B visa pro-gram and introduces enhanced vetting meas-ures using biometric data to ensure the secu-rity of the program. NA). a. (2) Termination of application for lack of prosecution. (2) Authority of consular officers to approve section 212(d)(3)(A) recommendations pertaining to aliens inadmissible under section 212(a)(28)(C). If granted, such a waiver shall be subject to the terms and conditions imposed under section 214(l) of the Act (as redesignated by section 671(a)(3)(A) of Pub. (4) Qualified investment means an investment made in good faith, and that is not an attempt to circumvent any limitations imposed on investments under this section, of lawfully derived capital in a start-up entity that is a purchase from such entity of its equity, convertible debt, or other security convertible into its equity commonly used in financing transactions within such entity's industry. c. The citizenship status of persons who acquired U.S. USCIS may not waive a ground of inadmissibility based upon section 212(a)(3)(E) of the Act, 8 U.S.C. (i) Authorizations granted to crew members may be valid for a maximum period of 2 years for application for admission at U.S. POEs and may be valid for multiple entries. (2) Received, within 18 months immediately preceding the filing of an application for initial parole, an amount of at least $105,659 through one or more qualified government awards or grants. (vi) Meets the requirements for a waiver provided in section 212(a)(9)(B)(v) of the Act. This is an indeterminate period as your immigration history in the State may span a full lifetime. Upon a nonimmigrant's application on Form I193, or successor form, Application for Waiver of Passport and/or Visa, a district director may, in the exercise of its discretion, on a case-by-case basis, waive either or both of the documentary requirements of section 212(a)(7)(B)(i) if satisfied that the nonimmigrant cannot present the required documents because of an unforeseen emergency. Regulation Y The timing of review shall be in accordance with the following guidelines. (iii) Conditions. Nationals and citizens of United 1, Amendments to the Immigration Laws (1965), United States. When a charging document is served on the alien, the charging document will constitute written notice of termination of parole (if parole has not already been terminated), unless otherwise specified. abroad but was terminated by the establishment of a dwelling place abroad. An alien who satisfies the criteria in paragraph (b)(2)(ii)(A) of this section and partially meets one or both of the criteria in paragraph (b)(2)(ii)(B) of this section may alternatively meet the standard described in paragraph (b)(2)(i) of this section by providing other reliable and compelling evidence of the start-up entity's substantial potential for rapid growth and job creation. 50), the (1) General. maintenance of a place of general abode in the United States or its outlying (iv) Canadian Indians. (iv) Additional Eligible Countries or Geographic Areas Based on Significant Economic Benefit. 3009 (Sept. 30, 1996,) or current sections 235(b), 238, and 240 of the Act, if the holder of a Form DSP150, or other combined B1/B2 visa and BCC, or (similar stamp in a passport) issued by the DOS, is placed under removal proceedings, no action to cancel the card or stamp shall be taken pending the outcome of the hearing. [67 FR 71448, Dec. 2, 2002, as amended at 78 FR 18472, Mar. (3) Consideration of current and/or past receipt of public benefits: DHS will consider the alien's current and/or past receipt of public cash assistance for income maintenance or long-term institutionalization at government expense (consistent with 212.21(c)). This page was not helpful because the content: Class Action, Settlement Notices and Agreements, U.S. Immigration Law in the Commonwealth of the Northern Mariana Islands (CNMI), Requesting Parole for the First Time in the CNMI, Terrorism-Related Inadmissibility Grounds (TRIG), Custody and release after removal hearing. The INA has been amended many times over the yearsand contains many of the most important provisions of immigration law. A denial is without prejudice to the alien's filing another provisional unlawful presence waiver application under this paragraph (e), provided the alien meets all of the requirements in this part, including that the alien's case must be pending with the Department of State. A finding that an alien has a disability, as defined by Section 504 of the Rehabilitation Act, will not alone be a sufficient basis to determine whether the alien is likely at any time to become a public charge. Custody and release pending removal hearing. Nationality Act * * This version of the Immigration and Nationality Act (INA) is current as of December 2002, with the exception of Sections 213A - 241, which are current as of March 2004. %PDF-1.6 % (A) An alien who has been admitted to either Guam or the CNMI under the provisions of this section who is determined by an immigration officer to be deportable from either Guam or the CNMI under one or more of the grounds of deportability listed in section 237 of the Act, shall be removed from either Guam or the CNMI to his or her country of nationality or last residence. specified how children born out of wedlock to U.S. citizens could acquire U.S. (1) Review Panels. 6, 1997; 65 FR 80294, Dec. 21, 2000; 65 FR 82255, Dec. 28, 2000; 67 FR 39257, June 7, 2002; 68 FR 35152, June 12, 2003; 69 FR 69489, Nov. 29, 2004; 76 FR 53787, Aug. 29, 2011; 84 FR 44525, Aug. 23, 2019; 87 FR 18220, Mar. This is an automated process for (5) Maintenance of comprehensive and current information. (2) An alien is also subject to the foreign residence requirement of section 212(e) of the Act if at the time of admission to the United States as an exchange visitor or at the time of acquisition of exchange visitor status after admission to the United States, the alien was a national or lawful permanent resident of a country which the Director of the United States Information Agency had designated, through public notice in the Federal Register, as clearly requiring the services of persons engaged in the field of specialized knowledge or skill in which the alien was to engage in his or her exchange visitor program. possessions, shall be held to have acquired at birth her nationality status. (ii) General criteria. (7) Criteria for awarding and governing certificate holders. "301(a)(7)" to "301(g).". (k) Standards for credentialing organizations. The full text is long. (4) Application at U.S. port. Prerequisite to naturalization; burden of proof. The Deputy Commissioner or the district director may at any time revoke a waiver previously authorized under section 212(d)(3) of the Act and shall notify the nonimmigrant in writing to that effect. (iii) Panel recommendation. Authorizations for temporary admission granted by consular officers shall be subject to the terms specified in 212.4(c) of this chapter. Revocation of approval of petitions; effective date. President Harry Truman, feeling that the act did not go far enough to remove objectionable elements, vetoed the bill, but he was overridden by Congress. Although a new waiver application need not be filed, the new H1B petition shall be accompanied by the documentary evidence generally required under 214.2(h) of this chapter, and the following additional documents: (1) A copy of the USCIS approval notice relating to the waiver and nonimmigrant H status granted under Pub. Married persons and employees of certain nonprofit organizations. law or by the adjudication of a court of competent jurisdiction. ), 8 FAM 301.6-5(B) Birth to (C) Be selected by a membership organization representing the discipline from a list of acceptable candidates supplied by the credentialing body. Authorization for programs for domestic resettlement of and assistance to refugees. L. 103416. (Ed.) b. A Canadian citizen who is traveling as a participant in the NEXUS program, and who is not otherwise required to present a passport and visa as provided in paragraphs (h), (l), and (m) of this section and 22 CFR 41.2, may present a valid unexpired NEXUS program card when using a NEXUS Air kiosk or when entering the United States from contiguous territory or adjacent islands at a land or sea port-of-entry. Persons whose legitimation before age 21 did not enable them to claim 311. complete the five years' residence in the United States or its outlying (2) Program Countries and Geographic Areas . (A) A country or geographic area may not participate in the Guam-CNMI Visa Waiver Program if the country or geographic area poses a threat to the welfare, safety or security of the United States, its territories, or commonwealths; (B) A country or geographic area may not participate in the Guam-CNMI Visa Waiver Program if it has been designated a Country of Particular Concern under the International Religious Freedom Act of 1998 by the Department of State, or identified by the Department of State as a source country of refugees designated of special humanitarian concern to the United States; (C) A country or geographic area may not participate in the Guam-CNMI Visa Waiver Program if that country, not later than three weeks after the issuance of a final order of removal, does not accept for repatriation any citizen, former citizen, or national of the country against whom a final executable order of removal is issued. A foreign medical graduate claiming extenuating circumstances based on hardship shall also submit evidence establishing that such hardship was caused by unforeseen circumstances beyond his or her control. (2) In the case of a diversity immigrant, that the Department of State selected the alien to participate in the Diversity Visa Program for the fiscal year for which the alien registered. If the alien desires to make multiple entries and the consular officer or other State Department official believes that the circumstances justify the issuance of a visa valid for multiple entries rather than for a specified number of entries, and recommends that the alien be accorded an authorization valid for multiple entries, the information required by items (ii) and (iii) shall be furnished only with respect to the initial entry. (ii) The date on which the alien attempted to be admitted from foreign contiguous territory. (j) Reporting of material changes. (ii) The bearer of a combination B1/B2 nonimmigrant visa and border crossing card (or similar stamp in a passport) issued by DOS prior to April 1, 1998, that does not contain a machine-readable biometric identifier, may be admitted on the basis of the nonimmigrant visa only, provided it has not expired and the alien remains otherwise admissible. (c) Revocation. All recommendations by a two-member Panel shall be unanimous. (10) Material change means any change in facts that could reasonably affect the outcome of the determination whether the entrepreneur provides, or continues to provide, a significant public benefit to the United States. A decision to retain in custody shall briefly set forth the reasons for the continued detention. Pleasure vessel means a vessel that is used exclusively for recreational or personal purposes and not to transport passengers or property for hire. . (vi) An authorization may not be revalidated. Any applicant for admission who is in possession of an immigrant visa, and who is inadmissible under section 212(a)(5)(A) or 212(a)(7)(A)(i) of the Act, may apply at the port of entry for a waiver under section 212(k) of the Act. Failure to timely respond to a notice of intent to terminate will result in termination of the parole. 0000049820 00000 n 5. applied. CHAPTER 1QUOTA SYSTEM NUMERICAL LIMITATIONS ; ANNUAL QUOTA BASED UPON NATIONAL ORIGIN ; MINIMUM QUOTAS. In situations where a United States nationally recognized licensure or certification examination, or a test predicting the success on the licensure or certification examination, is offered overseas, the applicant must pass the examination or the predictor test prior to receiving certification. . endstream endobj startxref 0000002170 00000 n Immigration and Nationality Act (the Act) section 101(a)(15)(L), 8 U.S.C. 1381 et seq. (l) Increase of investment and revenue amount requirements. New York, NY: Columbia University Press. is available with paragraph structure matching the official CFR 8 U.S. Code Chapter 12 - IMMIGRATION AND (1) Except as provided in paragraph (h)(2) of this section, any national of Cuba or Haiti who was paroled into the United States on or after October 10, 1980, shall be considered to have been paroled in the special status for nationals of Cuba or Haiti, referred to in section 501(e)(1) of the Refugee Education Assistance Act of 1980, Public Law 96422, as amended (8 U.S.C. (v) The organization shall use policies and procedures to ensure that all aspects of the evaluation/examination procedures, as well as the development and administration of any tests, are secure.
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