United States Ineligibilities and Waivers: Law
When a visa applicant
applies for a visa, a consular officer at a U.S. embassy or consulate outside
the United States determines whether the applicant is qualified, under all
applicable U.S. laws, to receive the particular visa applied for. Applicants
found qualified are issued visas after all necessary processing is completed.
However, when the consular officer determines that the applicant is ineligible
to receive a visa, the visa application is denied. The applicant is informed
verbally and in writing of the reason for denial based on the applicable
section(s) of law.
Review Visa Denials for
answers to questions about visa denials, ineligibility, discussion of several
ineligibility examples, overcoming visa ineligibility, reapplying for a visa,
and waivers of ineligibility.
Below are the sections of
the INA for:
Additionally, to view the
INA in its entirety by title, chapter, and section, as well as other
immigration-related laws, go to the U.S. Citizenship and Immigration
Services (USCIS) website.
Section
214(b) of the Immigration and Nationality Act
(b) Every alien (other
than a nonimmigrant described in subparagraph (L) or (V) of section 101(a)(15),
and other than a nonimmigrant described in any provision of section
101(a)(15)(H)(i) except subclause (b1) of such section) shall be presumed to be
an immigrant until he establishes to the satisfaction of the consular officer,
at the time of application for a visa, and the immigration officers, at the
time of application for admission, that he is entitled to a nonimmigrant status
under section 101(a)(15). An alien who is an officer or employee of any foreign
government or of any international organization entitled to enjoy privileges,
exemptions, and immunities under the International Organizations Immunities
Act, or an alien who is the attendant, servant, employee, or member of the
immediate family of any such alien shall not be entitled to apply for or
receive an immigrant visa, or to enter the United States as an immigrant unless
he executes a written waiver in the same form and substance as is prescribed by
section 247(b).
Section
221(g) of the Immigration and Nationality Act
(g) 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 of 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, 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 otherwise entitled to receive a visa, upon receipt of a notice by the
consular officer from the Attorney General of the 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
(a) Classes of Aliens
Ineligible for Visas or Admission.-Except as otherwise provided in this Act,
aliens who are inadmissible under the following paragraphs are ineligible to
receive visas and ineligible to be admitted to 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) except as provided
in subparagraph (C), seeks admission as an immigrant, or who seeks adjustment
of status to the status of an alien lawfully admitted for permanent residence,
and who has failed to present documentation of having received vaccination
against vaccine-preventable diseases, which shall include at least the
following diseases: mumps, measles, rubella, polio, tetanus and diphtheria
toxoids, pertussis, influenza type B and hepatitis B, and any other
vaccinations against vaccine-preventable diseases recommended by the Advisory Committee
for Immunization Practices,
(iii) who is determined
(in accordance with regulations prescribed by the Secretary of Health and Human
Services in consultation with the 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 had 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
(iv) who is determined
(in accordance with regulations prescribed by the Secretary of Health and Human
Services) to be a drug abuser or addict, is inadmissible.
(B) Waiver
authorized.-For provision authorizing waiver of certain clauses of subparagraph
(A), see subsection (g).
(C) EXCEPTION FROM
IMMUNIZATION REQUIREMENT FOR ADOPTED CHILDREN 10 YEARS OF AGE OR YOUNGER. --
Clause (ii) of subparagraph (A) shall not apply to a child who --
(i) is 10 years of age or
younger,
(ii) is described in
section 101(b)(1)(F), and
(iii) is seeking an
immigrant visa as an immediate relative under section 201(b), if, prior to the
admission of the child, an adoptive parent or prospective adoptive parent of
the child, who has sponsored the child for admission as an immediate relative,
has executed an affidavit stating that the parent is aware of the provisions of
subparagraph (A)(ii) and will ensure that, within 30 days of the child's
admission, or at the earliest time that is medically appropriate, the child
will receive the vaccinations identified in such subparagraph.
(2)
Criminal and related grounds. -
(A) Conviction of certain crimes.-
(i) In
general.-Except as provided in clause (ii), any alien convicted of, or who
admits having committed, or who admits committing acts which constitute the
essential elements of-
(I) a
crime involving moral turpitude (other than a purely political offense) or an
attempt or conspiracy to commit such a crime, or
(II) a
violation of (or a conspiracy or attempt 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 inadmissible.
(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 a visa 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, if the alien was convicted of such crime, 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 were 5 years or
more is inadmissible.
(C) CONTROLLED SUBSTANCE TRAFFICKERS- Any alien who the
consular officer or the Attorney General knows or has reason to believe--
(i) is
or has been an illicit trafficker in any controlled substance or in any listed
chemical (as defined in section 102 of the Controlled Substances Act (21 U.S.C.
802)), or is or has been a knowing aider, abettor, assister, conspirator, or
colluder with others in the illicit trafficking in any such controlled or
listed substance or chemical, or endeavored to do so; or
(ii) is
the spouse, son, or daughter of an alien inadmissible under clause (i), has,
within the previous 5 years, obtained any financial or other benefit from the
illicit activity of that alien, and knew or reasonably should have known that
the financial or other benefit was the product of such illicit activity, is
inadmissaible.
(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, admission, 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, admission, 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 inadmissible.
(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
inadmissible.
(F) Waiver authorized.-For provision authorizing waiver of
certain subparagraphs of this paragraph, see subsection (h).
(G) FOREIGN GOVERNMENT OFFICIALS WHO HAVE COMMITTED
PARTICULARLY SEVERE VIOLATIONS OF RELIGIOUS FREEDOM- Any alien who, while
serving as a foreign government official, was responsible for or directly
carried out, at any time, particularly severe violations of religious freedom,
as defined in section 3 of the International Religious Freedom Act of 1998 (22
U.S.C. 6402), is inadmissible.
(H) SIGNIFICANT TRAFFICKERS IN PERSONS-
(i) IN
GENERAL- Any alien who commits or conspires to commit human trafficking
offenses in the United States or outside the United States, or who the consular
officer, the Secretary of Homeland Security, the Secretary of State, or the
Attorney General knows or has reason to believe is or has been a knowing aider,
abettor, assister, conspirator, or colluder with such a trafficker in severe
forms of trafficking in persons, as defined in the section 103 of such Act, is
inadmissible.
(ii)
BENEFICIARIES OF TRAFFICKING- Except as provided in clause (iii), any alien who
the consular officer or the Attorney General knows or has reason to believe is
the spouse, son, or daughter of an alien inadmissible under clause (i),
has, within the previous 5 years, obtained any financial or other benefit from
the illicit activity of that alien, and knew or reasonably should have known
that the financial or other benefit was the product of such illicit activity,
is inadmissible.
(iii)
EXCEPTION FOR CERTAIN SONS AND DAUGHTERS- Clause (ii) shall not apply to a son
or daughter who was a child at the time he or she received the benefit
described in such clause.
(I)
MONEY LAUNDERING- Any alien--
(i) who
a consular officer or the Attorney General knows, or has reason to believe, has
engaged, is engaging, or seeks to enter the United States to engage, in an
offense which is described in section 1956 or 1957 of title 18, United States
Code (relating to laundering of monetary instruments); or
(ii)
who a consular officer or the Attorney General knows is, or has been, a knowing
aider, abettor, assister, conspirator, or colluder with others in an offense
which is described in such section; is inadmissible.
(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 (I) to violate any law of the United States relating to espionage or
sabotage or (II) 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 inadmissible.
(B) Terrorist activities-
(i) IN
GENERAL.-Any alien who-
(I) has
engaged in a terrorist activity,
(II) a
consular officer, the Attorney General, or the Secretary of Homeland Security
knows, or has reasonable ground to believe, is engaged in or is likely to
engage after entry in any terrorist activity (as defined in clause (iv));
(III)
has, under circumstances indicating an intention to cause death or serious
bodily harm, incited terrorist activity;
(IV) is
a representative (as defined in clause (v)) of--
(aa) a
terrorist organization (as defined in clause (vi)); or
(bb) a
political, social, or other group that endorses or espouses terrorist activity;
(V) is
a member of a terrorist organization described in subclause (I) or (II) of
clause (vi);
(VI) is
a member of a terrorist organization described in clause (vi)(III), unless the
alien can demonstrate by clear and convincing evidence that the alien did not
know, and should not reasonably have known, that the organization was a
terrorist organization;
(VII)
endorses or espouses terrorist activity or persuades others to endorse or
espouse terrorist activity or support a terrorist organization;
(VIII)
has received military-type training (as defined in section 2339D(c)(1) of title
18, United States Code) from or on behalf of any organization that, at the time
the training was received, was a terrorist organization (as defined in clause
(vi)); or
(IX) is
the spouse or child of an alien who is inadmissible under this subparagraph, if
the activity causing the alien to be found inadmissible occurred within the
last 5 years, is inadmissible.
(ii)
EXCEPTION- Subclause (IX) of clause(i) does not apply to a spouse or child--
(I) who
did not know or should not reasonably have known of the activity causing the
alien to be found inadmissible under this section; or
(II)
whom the consular officer or Attorney General has reasonable grounds to believe
has renounced the activity causing the alien to be found inadmissible under
this section.
(iii)
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 it had been committed in the United States, would be
unlawful under the laws of the United States or any State) and which involves
any of the following:
(I) The
highjacking or sabotage of any conveyance (including an 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-
(aa)
biological agent, chemical agent, or nuclear weapon or device, or
(bb)
explosive, firearm, or other weapon or dangerous device (other than for mere
personal monetary gain), with 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.
(iv)
ENGAGE IN TERRORIST ACTIVITY DEFINED- As used in this chapter, the term
"engage in terrorist activity" means, in an individual capacity or as
a member of an organization-
(I) to
commit or to incite to commit, under circumstances indicating an intention to
cause death or serious bodily injury, a terrorist activity;
(II) to
prepare or plan a terrorist activity;
(III)
to gather information on potential targets for terrorist activity;
(IV) to
solicit funds or other things of value for--
(aa) a
terrorist activity;
(bb) a
terrorist organization described in clause (vi)(I) or (vi)(II); or
(cc) a
terrorist organization described in clause (vi)(III), unless the solicitor can
demonstrate by clear and convincing evidence that he did not know, and should
not reasonably have known, that the organization was a terrorist organization;
(V) to
solicit any individual--
(aa) to
engage in conduct otherwise described in this subsection;
(bb)
for membership in a terrorist organization described in clause (vi)(I) or
(vi)(II); or
(cc)
for membership in a terrorist organization described in clause (vi)(III) unless
the solicitor can demonstrate by clear and convincing evidence that he did not
know, and should not reasonably have known, that the organization was a
terrorist organization; or
(VI) to
commit an act that the actor knows, or reasonably should know, affords material
support, including a safe house, transportation, communications, funds,
transfer of funds or other material financial benefit, false documentation or
identification, weapons (including chemical, biological, or radiological
weapons), explosives, or training--
(aa)
for the commission of a terrorist activity;
(bb) to
any individual who the actor knows, or reasonably should know, has committed or
plans to commit a terrorist activity;
(cc) to
a terrorist organization described in subclause (I) or (II) of clause (vi) or
to any member of such an organization; or
(dd) to
a terrorist organization described in clause (vi)(III), or to any member of
such an organization, unless the actor can demonstrate by clear and convincing
evidence that the actor did not know, and should not reasonably have known,
that the organization was a terrorist organization.
(v)
REPRESENTATIVE DEFINED.-As used in this paragraph, the term
"representative" includes an officer, official, or spokesman of an
organization, and any person who directs, counsels, commands, or induces an
organization or its members to engage in terrorist activity.
(vi)
TERRORIST ORGANIZATION DEFINED- As used in this section, the term 'terrorist
organization' means an organization-
(I)
designated under section 219;
(II)
otherwise designated, upon publication in the Federal Register, by the
Secretary of State in consultation with or upon the request of the Attorney
General or the Secretary of Homeland Security, as a terrorist organization,
after finding that the organization engages in the activities described in
subclauses (I) through (VI) of clause (iv); or
(III)
that is a group of two or more individuals, whether organized or not, which
engages in, or has a subgroup which engages in, the activities described in
subclauses (I) through (VI) of clause (iv).
(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
inadmissible.
(ii)
Exception 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
beliefs, statements, or associations would be lawful within the United States.
(iii)
Exception 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, if such 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 chairmen 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 inadmissible.
(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 and 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-
(aa) 2
years before the date of such application, or
(bb) 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 PERSECUTION, GENOCIDE, OR THE
COMMISSION OF ANY ACT OF TORTURE OR EXTRAJUDICIAL KILLING
(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, ordered,
incited, assisted, or otherwise participated in the persecution of any person
because of race, religion, national origin, or political opinion is
inadmissible.
(ii)
Participation in genocide.-Any alien who ordered, incited, assisted, or
otherwise participated in genocide, as defined in section 1091(a) of title 18,
United States Code, is inadmissible.
(iii)
COMMISSION OF ACTS OF TORTURE OR EXTRAJUDICIAL KILLINGS- Any alien who, outside
the United States, has committed, ordered, incited, assisted, or otherwise
participated in the commission of--
(I) any
act of torture, as defined in section 2340 of title 18, United States Code; or
(II)
under color of law of any foreign nation, any extrajudicial killing, as defined
in section 3(a) of the Torture Victim Protection Act of 1991 (28 U.S.C. 1350
note), is inadmissible.
(F) ASSOCIATION WITH TERRORIST ORGANIZATIONS- Any alien who
the Secretary of State, after consultation with the Attorney General, or the
Attorney General, after consultation with the Secretary of State, determines
has been associated with a terrorist organization and intends while in the
United States to engage solely, principally, or incidentally in activities that
could endanger the welfare, safety, or security of the United States is
inadmissible.
(G) RECRUITMENT OR USE OF CHILD SOLDIERS- Any alien who has
engaged in the recruitment or use of child soldiers in violation of section
2442 of title 18, United States Code, is inadmissible.
(4)
Public charge.-
(A) In general.-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, is likely at any time to become a public charge is inadmissible.
(B) Factors to be taken into account.-
(i) In
determining whether an alien is excludable under this paragraph, the consular
officer or the Attorney General shall at a minimum consider the alien's-
(I)
age;
(II)
health;
(III)
family status;
(IV)
assets, resources, and financial status; and
(V)
education and skills
(ii) In
addition to the factors under clause (i), the consular officer or the Attorney
General may also consider any affidavit of support under section 213A for
purposes of exclusion under this paragraph.
(C) Family-Sponsored immigrants.-Any alien who seeks admission
or adjustment of status under a visa issued under section 201(b)(2) or 203(a)
is excludable under this paragraph unless-
(i) the
alien has obtained-
(I)
status as a spouse or a child of a United States citizen pursuant to clause
(ii), (iii), or (iv) or section 204(a)(1)(A), or
(II)
classification pursuant to clause (ii) or (iii) of section 204(a)(1)(B);
(III)
classification or status as a VAWA self-petitioner; or
(ii)
the person petitioning for the alien's admission (and any additional sponsor
required under section 213A(f) or any alternative sponsor permitted under
paragraph (5)(B) of such section) has executed an affidavit of support
described in section 213A with respect to such alien.
(D) Certain employment-based immigrants.-Any alien who seeks
admission or adjustment of status under a visa number issued under section
203(b) by virtue of a classification petition filed by a relative of the alien
(or by an entity in which such relative has a significant ownership interest)
is excludable under this paragraph unless such relative has executed an
affidavit of support described in section 213A with respect to such alien.
(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 inadmissible, 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 of
workers 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.
(iii) PROFESSIONAL
ATHLETES-
(I) In general.-A
certification made under clause (i) with respect to a professional athlete
shall remain valid with respect to the athlete after the athlete changes
employer, if the new employer is a team in the same sport as the team which
employed the athlete when the athlete first applied for certification.
(II) Definition.-For
purposes of subclause (I), the term "professional athlete" means an
individual who is employed as an athlete by-
(aa) a team that is a
member of an association of 6 or more professional sports teams whose total
combined revenues exceed $10,000,000 per year, if the association governs the
conduct of its members and regulates the contests and exhibitions in which its
member teams regularly engage; or
(bb) any minor league
team that is affiliated with such an association.
(iv) LONG DELAYED
ADJUSTMENT APPLICANTS- A certification made under clause (i) with respect to an
individual whose petition is covered by section 204(j) shall remain valid with
respect to a new job accepted by the individual after the individual changes jobs
or employers if the new job is in the same or a similar occupational
classification as the job for which the certification was issued.
(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 of 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 inadmissible, 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) Uncertified foreign health-care workers Subject to
subsection (r), any alien who seeks to enter the United States for the purpose
of performing labor as a health-care worker, other than a physician, is
excludable unless the alien presents to the consular officer, or, in the case
of an adjustment of status, the Attorney General, a certificate from the
Commission on Graduates of Foreign Nursing Schools, or a certificate from an
equivalent independent credentialing organization approved by the Attorney General
in consultation with the Secretary of Health and Human Services, verifying
that-
(i) the alien's
education, training, license, and experience-
(I) meet all applicable
statutory and regulatory requirements for entry into the United States under
the classification specified in the application;
(II) are comparable with
that required for an American health-care worker of the same type; and
(III) are authentic and,
in the case of a license, unencumbered;
(ii) the alien has the
level of competence in oral and written English considered by the Secretary of
Health and Human Services, in consultation with the Secretary of Education, to
be appropriate for health care work of the kind in which the alien will be
engaged, as shown by an appropriate score on one or more nationally recognized,
commercially available, standardized assessments of the applicant's ability to
speak and write; and
(iii) if a majority of
States licensing the profession in which the alien intends to work recognize a
test predicting the success on the profession's licensing or certification
examination, the alien has passed such a test, or has passed such an
examination.
For purposes of clause
(ii), determination of the standardized tests required and of the minimum
scores that are appropriate are within the sole discretion of the Secretary of
Health and Human Services and are not subject to further administrative or
judicial review.
(D) Application of grounds.-The grounds of inadmissibility of
aliens under subparagraphs (A) and (B) shall apply to immigrants seeking
admission or adjustment of status under paragraph (2) or (3) of section 203(b).
(6)
Illegal entrants and immigration violators. -
(A) ALIENS PRESENT WITHOUT admission or parole.-
(i) In
general.-An alien present in the United States without being admitted or
paroled, or who arrives in the United States at any time or place other than as
designated by the Attorney General, is inadmissible.
(ii)
Exception for certain battered women and children.-Clause (i) shall not apply
to an alien who demonstrates that-
(I) the
alien is a VAWA self-petitioner;
(II)(a)
the alien has been battered or subjected to extreme cruelty by a spouse or
parent, or by a member of the spouse's or parent's family residing in the same
household as the alien and the spouse or parent consented or acquiesced to such
battery or cruelty, or (b) the alien's child has been battered or subjected to
extreme cruelty by a spouse or parent of the alien (without the active
participation of the alien in the battery or cruelty) or by a member of the
spouse's or parent's family residing in the same household as the alien when
the spouse or parent consented to or acquiesced in such battery or cruelty and
the alien did not actively participate in such battery or cruelty, and
(III)
there was a substantial connection between the battery or cruelty described in
subclause (I) or (II) and the alien's unlawful entry into the United States.
(B) Failure to attend removal proceeding.-Any alien who
without reasonable cause fails or refuses to attend or remain in attendance at
a proceeding to determine the alien's inadmissibility or deportability and who
seeks admission to the United States within 5 years of such alien's subsequent
departure or removal is inadmissible.
(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 admission into the United States or other benefit provided
under this Act is inadmissible.
(ii)
FALSELY CLAIMING CITIZENSHIP-
(I) IN
GENERAL- Any alien who falsely represents, or has falsely represented, himself
or herself to be a citizen of the United States for any purpose or benefit
under this Act (including section 274A) or any other Federal or State law is
inadmissible.
(II)
EXCEPTION- In the case of an alien making a representation described in
subclause (I), if each natural parent of the alien (or, in the case of an
adopted alien, each adoptive parent of the alien) is or was a citizen (whether
by birth or naturalization), the alien permanently resided in the United States
prior to attaining the age of 16, and the alien reasonably believed at the time
of making such representation that he or she was a citizen, the alien shall not
be considered to be inadmissible under any provision of this subsection based
on such representation.
(iii)
Waiver authorized.-For provision authorizing waiver of clause (i), see
subsection (I).
(D) Stowaways.-Any alien who is a stowaway is inadmissible.
(E) Smugglers.-
(i) In
general.-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 inadmissible.
(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 Act of
1990) or benefits 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 provision authorizing waiver of clause (i), see
subsection (d)(11).
(F) Subject of civil penalty.-
(i) In
general.-An alien who is the subject of a final order for violation of section
274C is inadmissible.
(ii)
Waiver authorized.-For provision authorizing waiver of clause (i), see
subsection (d)(12).
(G) Student visa abusers.-An alien who obtains the status of a
nonimmigrant under section 101(a)(15)(F)(i) and who violates a term or
condition of such status under section 214(l) is excludable until the alien has
been outside the United States for a continuous period of 5 years after the
date of the violation.
(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 unexpired immigrant visa, reentry permit, border
crossing identification card, or other valid entry document required by this
Act, and a valid unexpired passport, or other suitable travel document, or
document of identity and nationality if such document 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 inadmissible.
(ii)
Waiver authorized.-For provision 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 inadmissible.
(ii)
General waiver authorized.-For provision authorizing waiver of clause (i), see
subsection (d)(4).
(iii)GUAM
AND NORTHERN MARIANA ISLANDS VISA WAIVER- For provision authorizing waiver of
clause (i) in the case of visitors to Guam or the Commonwealth of the Northern
Mariana Islands, see subsection (l).
(iv)
VISA WAIVER PROGRAM.-For authority to waive the requirement of clause (i) under
a program, see section 217.
(8)
Ineligible for citizenship.
(A) In general.-Any immigrant who is permanently ineligible to
citizenship is inadmissible.
(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 the
armed forces in time of war or a period declared by the President to be a
national emergency is inadmissible, 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)
ALIENS PREVIOUSLY REMOVED. -
(A) Certain aliens previously removed.-
(i)
Arriving aliens.-Any alien who has been ordered removed under section 235(b)(1)
or at the end of proceedings under section 240 initiated upon the alien's
arrival in the United States and who again seeks admission within 5 years of
the date of such removal (or within 20 years in the case of a second or
subsequent removal or at any time in the case of an alien convicted of an
aggravated felony) is inadmissible.
(ii)
Other aliens.-Any alien not described in clause (i) who-
(I) has
been ordered removed under section 240 or any other provision of law, or
