to cases of children who were born out of wedlock and claimed citizenship under
However, if the authorization is valid for multiple entries rather than for a specified number of entries, this information shall be specified only with respect to the initial entry; (iii) The length of each stay authorized in the United States, which shall not exceed the period justified and shall be subject to limitations specified in 8 CFR part 214. (ii) Eligible Countries and Geographic Areas. (c) In the case of all other arriving aliens, except those detained under 235.3(b) or (c) of this chapter and paragraph (b) of this section, those officials listed in paragraph (a) of this section may, after review of the individual case, parole into the United States temporarily in accordance with section 212(d)(5)(A) of the Act, any alien applicant for admission, under such terms and conditions, including those set forth in paragraph (d) of this section, as he or she may deem appropriate. The waiver granted under Pub. (f) Household: The alien's household includes: (2) The alien's spouse, if physically residing with the alien; (3) If physically residing with the alien, the alien's parents, the alien's unmarried siblings under 21 years of age, and the alien's children as defined in section 101(b)(1) of the Act; (4) Any other individuals (including a spouse or child as defined in section 101(b)(1) of the Act not physically residing with the alien) who are listed as dependents on the alien's federal income tax return; and. (8) Option for case-by-case determination. by an affidavit of paternity) and later
2193 (Nov. 19, 1997), as amended, 8 U.S.C. 212.15 Certificates for foreign health care workers. In all cases under paragraph (b) of this section the alien or his or her sponsoring family member shall also submit an assurance that the alien will comply with any special travel requirements as may be specified by the U.S. Public Health Service and that, upon the admission of the alien into the United States, he or she will proceed directly to the facility or specialist specified for the initial evaluation, and will submit to such further examinations or treatment as may be required, whether in an outpatient, inpatient, or other status. Detention and removal of aliens ordered removed. In the event of an objection by the Assistant Attorney General, Criminal Division, the matter will be expeditiously referred to the Deputy Attorney General for a final resolution. Requirement for Transmitting U.S. In the event USCIS decides to revoke a previously authorized waiver for an S nonimmigrant, the Assistant Attorney General, Criminal Division, and the relevant LEA shall be notified in writing to that effect. Act (INA) (8 U.S.C. Waiver requests are subject to a determination of national interest and connection to victimization as follows. 0000002732 00000 n
(2) Continued detention cases. [67 FR 71448, Dec. 2, 2002, as amended at 78 FR 18472, Mar. (ii) FAST Program. In accordance with former section 242 of the Act (before amended by section 306 of the IIRIRA of 1996, Div. . Department has no authority to waive any part of the required residence. Notwithstanding paragraph (e)(3) of this section, an alien is ineligible for a provisional unlawful presence waiver under paragraph (e) of this section if: (ii) The alien does not have a case pending with the Department of State, based on: (B) Selection by the Department of State to participate in the Diversity Visa program under section 203(c) of the Act for the fiscal year for which the alien registered; (iii) The alien is in removal proceedings, in which no final order has been entered, unless the removal proceedings are administratively closed and have not been recalendared at the time of filing the application for a provisional unlawful presence waiver; (iv) The alien is subject to an administratively final order of removal, deportation, or exclusion under any provision of law (including an in absentia order under section 240(b)(5) of the Act), unless the alien has already filed and USCIS has already granted, before the alien applies for a provisional unlawful presence waiver under 8 CFR 212.7(e), an application for consent to reapply for admission under section 212(a)(9)(A)(iii) of the Act and 8 CFR 212.2(j); (v) CBP or ICE, after service of notice under 8 CFR 241.8, has reinstated a prior order of removal under section 241(a)(5) of the Act, either before the filing of the provisional unlawful presence waiver application or while the provisional unlawful presence waiver application is pending; or. individual cases, mainly because of the inequities possible when section 309(b)
L. 115218. A health care facility seeking to employ a foreign medical graduate who has been granted a waiver under Pub. L. 108458 (8 U.S.C. No authorization under section 212(d)(3)(A)(i) of the Act and this paragraph (f) may be provided to any alien who has previously failed to comply with any condition of an admission authorized under this paragraph. Importation of alien for immoral purpose. An alien who has previously presented a foreign health care worker certification or certified statement for a particular health care occupation will be required to present it again at the time of each application for admission. It does not refer to any other holder of a Taiwan passport or a passport issued by the People's Republic of China. 6312 0 obj
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1182(a)(3)(E). f. Under the Act of March 16, 1956 (70 Stat. The INA collected many provisions and reorganized the structure of immigration law. (ii) Denial of an application for a provisional unlawful presence waiver is not a final agency action for purposes of section 10(c) of the Administrative Procedure Act, 5 U.S.C. United States or its outlying possessions before reaching the age of twenty-one
0000075781 00000 n
Aliens receiving waivers under section 220 of Pub. (5) An alien who is subject to the foreign residence requirement and who believes that compliance therewith would impose exceptional hardship upon his/her spouse or child who is a citizen of the United States or a lawful permanent resident alien, or that he or she cannot return to the country of his or her nationality or last residence because he or she will be subject to persecution on account of race, religion, or political opinion, may apply for a waiver on the form designated by USCIS. Travel expenses and expense of transporting remains of officers and employees dying outside of United States. (ii) Have been granted nonimmigrant status under section 101(a)(15)(T) of the Act, provided that the individual is in valid T nonimmigrant status at the time the benefit request is properly filed with USCIS and at the time the benefit request is adjudicated; (19) Except as provided in paragraph (b) of this section: (i) Petitioners for nonimmigrant status under section 101(a)(15)(U) of the Act, in accordance with section 212(a)(4)(E)(ii) of the Act; or. (2) Consideration of affidavit of support. (3) The spouse of the entrepreneur parolee, after being paroled into the United States, may be eligible for employment authorization on the basis of parole under this section. philanthropic, religious, commercial, or financial organization, having its
(a) Filing the waiver application. By extending the system of formal equality in admissions to all countries, the new law affected immigration from the Third World differently-creating greater opportunities for migration from Asia and Africa but severely restricting it from Mexico, the Caribbean, and Latin America (pp. Compilation of naturalization statistics and payment for equipment. To be eligible to participate in the program as a result of a connection to Hong Kong, the following documentation is required: A Hong Kong Special Administrative Region (SAR) passport with a Hong Kong identification card; or a British National (Overseas) (BN(O)) passport with a Hong Kong identification card. L. 110229 (8 U.S.C. remain continuously and uninterruptedly in the United States during the
(f) Applicant for admission at port of entry. (1) Parole revocation cases. (ii) Minors may be released with an accompanying parent or legal guardian who is in detention. (ii) Subsequent to such investment by such individual or organization, at least 2 such entities each created at least 5 qualified jobs or generated at least $528,293 in revenue with average annualized revenue growth of at least 20 percent. Until the provisional unlawful presence waiver takes full effect as provided in paragraph (e)(12) of this section, USCIS may reopen and reconsider its decision at any time. An alien whose departure will execute an order of deportation shall receive a conditional approval depending upon his or her satisfactory departure. Selected portions of section 201 NA, which is not readily
L. 103416 should be affirmed. had resided in the United States for 10 years, 5 of which were after the
The Secretary of Homeland Security, at any time, may revoke a waiver previously authorized under section 212(d) of the Act, 8 U.S.C. The laws Asiatic policy contained both progressive and reactionary elements. The decision to terminate parole may not be appealed. (D) Failure to notify the Service of any material changes in employment. 0000075253 00000 n
We recommend you directly contact the agency responsible for the content in question. 8 FAM 301.6-3 Residence
(g) Relief for certain aliens who were in deportation proceedings before April 24, 1996. 0000019540 00000 n
Conditional permanent resident status for certain alien entrepreneurs, spouses, and children. married to aliens could not transmit citizenship under section 201(g) NA even
The parole of aliens within the following groups who have been or are detained in accordance with 235.3(b) or (c) of this chapter would generally be justified only on a case-by-case basis for urgent humanitarian reasons or significant public benefit, provided the aliens present neither a security risk nor a risk of absconding: (1) Aliens who have serious medical conditions in which continued detention would not be appropriate; (2) Women who have been medically certified as pregnant; (3) Aliens who are defined as minors in 236.3(b) of this chapter and are in DHS custody. Pub. (F) Fails to include documentation evidencing: (1) That the alien has paid the immigrant visa processing fee to the Department of State for the immigrant visa application upon which the alien's approved immigrant visa petition is based; or. (C) Is determined to be otherwise eligible for an immigrant visa by the Department of State in light of the approved provisional unlawful presence waiver. C, Title VI, Subtitle D (Sept. 30, 1996), 8 U.S.C. Such an investment shall not include an investment, directly or indirectly, from the entrepreneur; the parents, spouse, brother, sister, son, or daughter of such entrepreneur; or any corporation, limited liability company, partnership, or other entity in which such entrepreneur or the parents, spouse, brother, sister, son, or daughter of such entrepreneur directly or indirectly has any ownership interest. If presented on or after that date, these documents will be voided at the POE. (A) An alien who applies for admission under the provisions of the Guam-CNMI Visa Waiver Program, who is determined by an immigration officer to be inadmissible to Guam or the CNMI under one or more of the grounds of inadmissibility listed in section 212 of the Act (other than for lack of a visa), or who is in possession of and presents fraudulent or counterfeit travel documents, will be refused admission into Guam or the CNMI and removed. Web6. Excerpt from: (8
When a crewman who has a valid section 212(d)(3) authorization without any time limitation comes to the attention of the Service, his travel document shall be endorsed to show that the validity of his section 212(d)(3) authorization expires as of a date six months thereafter, and any previously-issued Form I184 shall be lifted and Form I95 shall be issued in its place and similarly endorsed. [47 FR 30045, July 9, 1982, as amended at 47 FR 46494, Oct. 19, 1982; 52 FR 16194, May 1, 1987; 52 FR 48802, Dec. 28, 1987; 53 FR 17450, May 17, 1988; 61 FR 36611, July 12, 1996; 62 FR 10348, Mar. Additionally, parole of the spouse or child of the entrepreneur will be automatically terminated without notice if the parole of the entrepreneur has been terminated. 828 (W.D. The third member of any Panel shall be the Director of the Cuban Review Plan or his designee. Be it enacted by the Senate and House of Representatives of the United States of Although the waiver may remain valid on or after October 1, 2002, the non-biometric border crossing card portion of the document is not valid after that date. The district director, if necessary, shall oversee the alien's departure from the United States and, in any event, shall notify the Commissioner of the alien's departure. DHS will consider the amount and duration of receipt, as well as how recently the alien received the benefits, and for long-term institutionalization at government expense, evidence submitted by the alien that the alien's institutionalization violates federal law, including the Americans with Disabilities Act or the Rehabilitation Act. (i) The organization shall not discriminate among applicants as to age, sex, race, religion, national origin, disability, or marital status and shall include a statement of nondiscrimination in announcements of the evaluation/examination procedures and renewal certification process. Any recommendation which is not clearly approvable shall, and any recommendation may, be presented to the appropriate official of the Immigration and Naturalization Service for a determination. 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. date of birth, to a child born out of wedlock, provided the paternity is
This content is from the eCFR and is authoritative but unofficial. An application who failed to describe any other grounds of excludability or deportability, or failed to disclose material facts existing at the time of the approval of the application, remains excludable or deportable under the previously unidentified grounds. Children born and residing outside the United States; conditions for acquiring certificate of citizenship. specified how children born out of wedlock to U.S. citizens could acquire U.S.
(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. An applicant who has submitted a request for consent to reapply for admission after deportation or removal must be notified of the decision. (a) The annual quota of any quota area shall be one-sixth of 1 per centum of the number of inhabitants in the continental United States in 1920 . In the absence of such legitimation or adjudication,
1101 and note, 1102, 1103, 1182 and note, 1184, 1187, 1223, 1225, 1226, 1227, 1255, 1359; section 7209 of Pub. 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. When the Secretary of State recommends that a group of nonimmigrant aliens and their accompanying family members be admitted to attend international conferences notwithstanding their inadmissibility under section 212(a)(28) of the Act, the Deputy Commissioner, may enter an order pursuant to the authority contained in section 212(d)(3)(A) of the Act specifying the terms and conditions of their admission and stay. Forms I185, I186 or I586 issued by the Service and which are now invalid, or a Form DSP150 or combined B1/B2 visitor visa and non-biometric BCC, or (similar stamp in a passport) issued by the DOS may be declared void by United States consular officers or United States immigration officers in Mexico or Canada. To request employment authorization, an eligible spouse paroled into the United States must file an Application for Employment Authorization (Form I765), in accordance with 8 CFR 274a.13 and form instructions. If the waiver application is denied, USCIS will provide a written decision and notify the applicant and his or her attorney or accredited representative and will advise the applicant of appeal procedures, if any, in accordance with 8 CFR 103.3. 1/1.1 . Such guidance will consider how these factors affect the likelihood that the alien will become a public charge at any time based on an empirical analysis of the best-available data as appropriate. However, current and/or past receipt of these benefits will not alone be a sufficient basis to determine whether the alien is likely at any time to become a public charge. A passport is also required. L. 110229, 122 Stat. (C) Be selected by a membership organization representing the discipline from a list of acceptable candidates supplied by the credentialing body. WebNaturalization Act of 1795. b. If you have comments or suggestions on how to improve the www.ecfr.gov website or have questions about using www.ecfr.gov, please choose the 'Website Feedback' button below. (iv) An authorization that was previously issued in conjunction with Form I185, Nonresident Alien Canadian Border Crossing Card, and that is noted on the card may remain valid. (1) An application for the exercise of discretion under section 212(c) of the Act may be renewed or submitted in proceedings before an Immigration Judge under sections 235, 236, or 242 of the Act, and under this chapter. citizen parent's 12th birthday. Thus, section 201(i) NA reduced to age 17 the
The Attorney General, in general, will not favorably exercise discretion under section 212(h)(2) of the Act (8 U.S.C. (3) An adverse decision may be appealed pursuant to 8 CFR 103.3 to the Associate Commissioner for Examinations. (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. [29 FR 15252, Nov. 13, 1964, as amended at 30 FR 12330, Sept. 28, 1965; 31 FR 10413, Aug. 3, 1966; 32 FR 15469, Nov. 7, 1967; 35 FR 3065, Feb. 17, 1970; 35 FR 7637, May 16, 1970; 40 FR 30470, July 21, 1975; 51 FR 32295, Sept. 10, 1986; 53 FR 40867, Oct. 19, 1988; 60 FR 44264, Aug. 25, 1995; 60 FR 52248, Oct. 5, 1995; 67 FR 71448, Dec. 2, 2002; 73 FR 58030, Oct. 6, 2008; 76 FR 53787, Aug. 29, 2011; 78 FR 18472, Mar. An alien may request permission at a port of entry to reapply for admission to the United States within 5 years of the deportation or removal, or 20 years in the case of an alien deported, or removed 2 or more times, or at any time after deportation or removal in the case of an alien convicted of an aggravated felony. (e) Government means any Federal, State, Tribal, territorial, or local government entity or entities of the United States. (ii) An alien who is granted parole into the United States after enactment of the Immigration Reform and Control Act of 1986 for other than the specific purpose of applying for adjustment of status under section 245A of the Act shall not be permitted to avail him or herself of the privilege of adjustment thereunder.
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