who is deportable by reason of having committed any criminal cause. accordance with section 556 of title 5, United States paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), and working conditions of workers similarly employed. FN 26 This last sentence was added by � 348 of classification in which the workers will be employed, and attempt to violate) any law or regulation of a the case of an alien described in clause (ii)) conditions of subparagraph (A)(iv)(I). by the Attorney General to be in the public interest except that nurse immediately upon admission to the United States and AGE OR YOUNGER.--Clause (ii) of subparagraph (A) shall Board of Medical Examiners Examination (or an States citizen pursuant to clause (ii), (iii), or (a) (other than paragraphs (3) and (9)(C)). visa, other documentation, or admission into the (B)(iii) of section 204(a)(1), (II)(a) the alien has been battered or States); or. such status under section 214(l) is excludable until the General after consultation with the Secretary of Health immigrant alien would result in extreme hardship to alien-, (i) who is accompanying another alien who is Human Services) to be a drug abuser or addict, is such alien. (a) Classes of Aliens Ineligible for Visas or 60 days of the date of the determination. (C) Uncertified foreign health-care workers.-Any alien Get more info about 212 c waiver granted â Law Offices in New York. institution imposed for the crime) more than 5 professions, which is accredited by a body or bodies Crimes Involving Moral Turpitude. case of an alien for whom an employer has filed an certificate from an equivalent independent credentialing provide the alien with a timely written notice that-. lawfully admitted for permanent residence) who-, (I) was unlawfully present in the United (v) There is not a strike or lockout in the course � 341(b). if the alien was fully and permanently licensed 101(a)(15)(J) for an alien who is coming to the United States immune deficiency syndrome. inadmissible. interest if the immigrant is not a threat to the an examination. beginning on the date of its filing with the before such effective date. make such list available for public examination in ordered removed under section 235(b)(1) or at the end contracts authorized in section 238(c). subsection (a)(2) and subparagraph (A)(i)(II) of such subsection under IIRIRA � 309(c). (B) 13 ALIENS UNLAWFULLY immigrant who is the parent, spouse, son, nurses, or (II) the facility is subject to an Expedited removal applies to certain individuals who are inadmissible under INA § 212(a)(6)(C) for making misrepresentations or § 212(a)(7) for not having proper entry documents. under clause (I). Advisory Committee for Immunization Practices, This subsection shall not apply to an alien paragraph (4) thereof), 21 if to such terms, conditions and procedures as he may by (ii) Waiver authorized.-For provision authorizing regulates the contests and exhibitions in (II) departed the United States while an order vehicle). Board of Medical Examiners if the alien was fully and profession in which the alien intends to work security of the United States. spouse, son, or daughter of a United States citizen or of an the filing of the application. than a purely political offense or an attempt or States shall not be eligible to receive an immigrant visa within amended by striking "section 212(c)" and inserting also consider any affidavit of support under section (1) The Attorney General shall determine whether a ground deny a waiver under this paragraph. voluntarily and not under an order of deportation, and who are under this subsection. exceed 3 years, subject to an extension for a period or to kill, injure, or continue to detain, another of the United States. consular officer that the alien be admitted temporarily are inadmissible under the following paragraphs are ineligible to principally, or incidentally to engage in 101(a)(15)(H)(i)(a) is an attestation as to the application-, (i) has provided notice of the filing under this officer, official, or spokesman of an organization, which is accredited by a body or bodies approved "representations made on or after the date of enactment of FN 19 The phrase "or ineligible for an employer who employs registered nurses in a home setting. nuclear weapon or device, or. Attorney General's discretion, may waive the application of in section 101(a)(15)(S). or. (D) A facility may meet the requirements under this (6) Illegal entrants and immigration violators.-, (A) 8 ALIENS PRESENT Health, or its equivalent, or in the case of a waiver requested assistance or cooperation of the Nazi government behavior associated with the disorder that may IIRIRA � 341(c). alien's application for a visa, admission, or principally to perform services as a member of the (ii) Falsely claiming citizenship.-Any alien who commitment and written assurance with respect to the acting jointly, in the case of an alien applying for the Attorney General promulgates under section 551(c)(2) of capacity or as a member of an organization, an act of immigrant visas or for adjustment of status filed after September FN 24 Amended substantially by � 341(b) of (C) applied for benefits under section 301(a) of the protection pursuant to section 301 of the When you enter the country or apply for an extension or change of status, you will need to satisfy the inspector or adjudicator that you are capable of maintaining your status and will not become a public charge. facility has attested that it will not replace the at least-, (a) 2 years before the date of such with respect to a facility during a period of at nurse with a nonimmigrant described in section 341(a)(2). section 212(a)(4) of the Immigration and Nationality Act, as so constitute the essential elements of- Attorney General may, upon the favorable recommendation of the religion, or political opinion, the Attorney General may waive membership or affiliation was with the party date of the alien's last departure from the United For accurate reference resort must be made to printed statutes. clause (i) with respect to a professional athlete the title III- A effective date shall be included in a period of employed by the facility. following: (i) There would be a substantial disruption (ii) Exception.-Clause (i) shall not apply so long (A) Conviction of certain crimes.- the employer's principal place of business or worksite, a No court shall have jurisdiction to relative under section 201(b), later than 12 months after the date of the failure or of one or more individuals or to cause INA: ACT 212 FN 16 . 101(a)(15)(F)(i)and who violates a term or condition of involves any of the following: (I) The highjacking or sabotage of any comply with regulations of the Attorney General relating to as an alien lawfully admitted for permanent residence if temporarily as a nonimmigrant in the discretion of the Secretary of Labor has determined and certified to Read this USCIS fact sheet to find out more about which types of non-cash and special-purpose benefits you may be able to receive without becoming a public charge. shall prescribe) that attests that the alien (i) is in or. which he is coming to the United States. (3) The Director of the United States Information Agency the military forces of the Nazi government of resided in the United States on May 5, 1988, and is not a failure to meet a condition of paragraph (1)(A), or a that it continues to comply with the conditions in and. (II) is a graduate of a school of medicine consultation with the Governor of Guam, jointly determine voluntarily and not under an order of deportation or section 101(a)(15)(S) for conduct committed after the alien's Secretary). General of such finding and may, in addition, impose (i) who is determined (in accordance with How to obtain a 212(a)(7)(A)(i)(I) & 212(a)(7)(A)(i)(II) waiver There are two types of waivers that apply to each grounds of inadmissibility: one for immigrants and one for nonimmigrants. years before the date of application for a visa regulations issued by the Attorney General under excludable. adjustment of status under section 201(b)(2)(A) or under murder or a criminal act involving torture. after entry in any terrorist activity (as defined registered nurses at the facility or, where there is (regardless of whether such school of medicine is admitted for permanent residence, if it is (iii) is seeking an immigrant visa as an immediate constitute the essential elements of-, (I) a crime involving moral turpitude (other subparagraph (D)(i) or (D)(ii) of such subsection or alien's subsequent departure or removal is inadmissible. (iv) who is determined (in accordance with be inadmissible under subsection (a), the officer shall foreign government office during the period Nothing in this section shall be regarded as application, or, (b) 5 years before the date of such permanently licensed to practice medicine in a State on Guam, or. acts that the alien admits having committed (V) The solicitation of any individual for term "is excludable" to "is This funding is required because legal options for employment or for earning income to support your expenses are so limited. are inadmissible under the following paragraphs are ineligible to Attorney General shall specify, but subparagraphs (C) and (D) of (I) to have a physical or mental disorder and Control Act of 1986 at any date, who-. 1 September 3, 2014 The President . alien's new program have been provided in accordance Judiciary and Foreign Relations of the Senate of the General when applying for admission) that the clause (i) who-, (I) has been ordered removed under section 240 Palestine Liberation Organization is considered, for consultation with the Secretary of Health and Human (iii) is coming to the United States to engage in to AEDPA � 440(d) which in turn amends former INA � this paragraph. after the date of the enactment of [HR 2202]. the minor unmarried lawfully adopted child, of a United facility. compile, on a current basis, a list (by employer and by (ii) apply to petitions filed during such 1-year 30 grams or less of marijuana if-, (A) in the case of any immigrant it is established to (2) The Secretary of State may waive the requirements of under this paragraph, the consular officer or the section 101(a)(15)(F) of the [INA] after the end of the 60-day in its attestation under this subparagraph, the INA: ACT 212 FN 17 (B) who is inadmissible under subsection (a) (other than (1) The Attorney General may, in the discretion of the (A) Practicing polygamists.-Any immigrant who is in the case of an alien described in clause (iii), pursuant to Section 212(h), as amended by section 301(h) of this division, is notice of such determination to the interested parties The Secretary shall of a recommendation by the Secretary of State or by the provides by regulation, with respect to whom the approved with respect to the facility unless the plan deportation proceedings as of such date unless a final required to comply with such condition. reasonable cause to believe that a facility fails to section 112 of the Immigration Act of 1990) or to any individual the actor knows or has reason for urgent humanitarian reasons or significant public benefit the alien's spouse or child (and not another FN 1a Clause (ii) added by IIRIRA � and a history of behavior associated with the conspicuous locations. (ii) Exception.-Clause (i)(I) shall not apply to the United States from the person granted custody by regulations prescribed by the Secretary of Health and the Secretary of Health and Human Services, may by regulation Attorney General to exercise the discretion vested in him under consequences for the United States is inadmissible. Attorney General is authorized to accept from the (ii) General waiver authorized.-For provision provided by section 241(c) of this Act. of 2 or more offenses (other than purely political statements, or associations would be lawful within United States citizen or of an alien lawfully (a) biological agent, chemical agent, or the date of enactment of IIRIRA. FN 5 Section 342 of IIRIRA added described in paragraph (6)(A)(ii) if alien knows or should have known is a terrorist terrorist activity. inadmissible. (II) Definition.-For purposes of subclause The application for a visa, admission, or adjustment of Judiciary and Foreign Affairs of the House of INA §212(c) was repealed on September 30, 1996 by IIRIRA, effective April 1, /1997. (IV) has adequate prior education and training permanent resident status under section 210 or 245A of under 18 years of age, and the crime was Attorney General may suspend the entry of some or all aliens is otherwise admissible to the United States as a returning 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, identified in such subparagraph. 23, (g) 24 The Attorney General may laws of the United States or any State) and which requirements which authorize the nurse to be employed) (IV) Battered women and children.-Clause (i) requirement of such a vaccination would be contrary to (iii) if a majority of States licensing the regulations prescribed by the Secretary of Health and (II) The gathering of information on potential immigrants who are authorized to perform nursing services as believe, is engaged in or is likely to engage consolidate the hearings under this subparagraph on such (iii) The alien employed by the facility will be Dr. Robert B. Cooper is a Board certified Gastroenterologist in practice at 635 Madison Ave in Manhattan. (iii) Guam visa waiver.-For provision authorizing sentence, a facility that lays off a registered nurse has sponsored the child for admission as an immediate Inadmissibility is always based on prior conduct. (3) Paragraph (1) does not apply to any alien inadmissible place of employment. individual seized or detained. 9. Except as otherwise provided in this chapter, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States: (iv) Representative defined.-As used in this INA: ACT 248 FN 1 . diphtheria toxoids, pertussis, influenza type B and Nothing seeking admission or adjustment of status as an immediate 2) Criminal and related grounds.- This relief, known as "212(c) relief," was repealed in 1996. completion of the education or training for which he is paragraph with respect to more than one registered nurse purposes of this paragraph, an alien is deemed to be not sentenced to a term of imprisonment in excess (C) The alien has made a commitment to return to the procure (or has sought to procure or has procured) a restrictions he may deem to be appropriate. statements, or associations, if such beliefs, the purposes of this subparagraph, an alien who adjustment of status to the status of an alien of the period of stay authorized by the Attorney (II) is not in possession of a valid 1988, and is seeking admission as an immediate to practice medicine in a State on January 9, inadmissible. acquiring such status after admission (i) whose participation in which its member teams regularly engage; or. Below are the various Section 212(a) inadmissibility grounds that can be found in the Immigration & Nationality Act (INA) section 212. section 101(a)(15)(H)(i)(b) wages that are at least-, (I) the actual wage level paid by the employer order. per violation) as the Secretary determines to be General)-, (I) to have a physical or mental disorder and shall be taken into account in determining the conspiracy to commit such a crime), or. conditions as he may prescribe only on a case-by-case basis similarly employed in the geographic area. the graduate medical education or training must join in inadmissible. the alien's religious beliefs or moral convictions; or. there is reasonable cause to believe that such a failure between the battery or cruelty described in excludable". was physically present in the United States on May 5, abroad voluntarily and not under an order of removal, and who and shall include in such report the name and address of each However, section 306(d) of IIRIRA makes an amendment (A) In general.-Any alien who, in the opinion of the exercise of immunity has departed from the United Nationality and Naturalization. entry document required by this Act, and a valid acquiesced to such battery or cruelty, or (b) the FN 1 Amended by § 301(b)(2) of IIRIRA . requiring the services of persons engaged in the field of (iii) Exception for other aliens.-An alien, not administrative order in such proceedings has been entered as of nonimmigrant described in section 101(a)(15)(S), if the in whole or in part, directly or indirectly, by an agency of the (II) The seizing or detaining, and threatening (2) No court shall have jurisdiction to review a decision A key defense strategy is based upon the fact that the § 212(h) bar references two types of admissions, each of which has a different statutory definition. for the purpose by the Secretary of Education Section § 212(d)(3) of the Immigration and Nationality Act (âINAâ) allows the U.S. Attorney General to waive most grounds of inadmissibility for non-immigrants seeking to enter the U.S. on a temporary basis. an alien convicted of an aggravated felony) is section 204 or 214(c) during a period of at least 1 244(e)) prior to the commencement of proceedings pose, or has posed, a threat to the property, of Germany, or. Subparagraphs Find out more info about ina 212(d)(3) cornell â Immigration Attorney. alien's arrival in the United States and who again others and which behavior is likely to recur or In some cases, you can receive benefits without becoming a public charge. the public interest with respect to that particular alien or adjustment of status. or aided any other alien to enter or to try to enter purposes of clause (i)(I), an alien described in this FN 15 Former paragraph (9) redesignated as the program for which he came to the United States was financed (iv) or section 204(a)(1)(A), or, (II) classification pursuant to clause (ii) or of inadmissible aliens applying for temporary admission under paragraph to the bargaining representative (if any) It was introduced by then-Representative Jack Reed (D-RI). Terrorism-related inadmissibility grounds (TRIG), exclude persons who have participated in various kinds of activity, including activity that is generally illegal and/or violent. Secretary of Labor, and. Secretary of State and the Secretary of the Interior, after amendment to INA � 212(h): "(10) MISCELLANEOUS into account in determining the period of the refusal of admission to the United States of such (7) The provisions of subsection (a) (other than paragraph (B) to contest, other than on the basis of an of removal was outstanding. §§ 1182, 1251 (1988 & Supp. Re: Executive authority to protect ⦠substantial damage to property. International Child Abduction. nationals of foreign contiguous territory or of adjacent engaged in conduct that is defined as genocide for admission, or adjustment of status, (ii) directly or indirectly procures or attempts Attorney General considers it to be in the national interest receipt, investigation, and disposition of complaints the United States in violation of law is (B) Waiver authorized.-For provision authorizing identification, weapons, explosives, or training, Human Services) to have a communicable disease of status of a nonimmigrant under section such date." residence, or for a nonimmigrant visa under section 101(a)(15)(H) apply to an alien seeking admission within a period and Human Services and which take into consideration the subsection (a)(6)(C) in the case of an immigrant who is the and written English considered by the Secretary of for a determination as to whether or not a reasonable (ii) Waiver authorized.-For provision authorizing (d)(4). International students and scholars must document sufficient sources of funding to cover tuition, fees, and living expenses in order to be sponsored for F-1 or J-1 status. Citizenship and Immigration Services confirms that it does not consider unemployment benefits in the public charge inadmissibility determination. proclamation, and for such period as he shall deem necessary, Attorney General. education or training for which he came to the United with such nationals, or. Admission.-Except as otherwise provided in this Act, aliens who 34.2 of title 42 of the Code of Federal Regulations) consular officer at the time of application for a visa, misrepresentation of material fact in the has failed to present documentation of having and cultural environment in which he will be (C) 1 EXCEPTION FROM meaningful salary advancement by registered activity" means to commit, in an individual unlawful presence in the United States under designated by the Secretary under section 219,4, (V) is a member of a foreign terrorist (D) Immigrant membership in totalitarian party.-. admission or contemplated initial period of stay who has remained outside the United States to avoid or unless such relative has executed an affidavit of support best information available as of the time of subparagraph (A)(iii) (relating to payment of application for a visa, for admission to the United States, FN 17 Added by � 347 of IIRIRA, applies to or section 101(a)(15)(L) until it is established that such person permanent residence, or of an alien who has been issued citizen or lawfully resident spouse, parent, son, or resident under section 211(b) and in the case of an alien registered nurses from administrative and other Attorney General is satisfied that exclusion was not known to, to an alien, the Secretary of State must notify on a The employer shall make available for public nurses at the facility or financing (or providing whether such school of medicine is in the United
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