DEPARTMENT OF STATE
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 thereunder,
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, 1993, 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 SPECTIAL 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 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) 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
reembarkation 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) IMMIGRATNS.--
(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 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 unrelinquished 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)).
Visa
Services
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