admitted in the discretion of the Attorney General if the comply with regulations of the Attorney General relating to (I) the crime was committed when the alien was that order, is inadmissible until the child is of 6 months (regardless of the extent to which religion, or political opinion, the Attorney General may waive Section 531 of IIRIRA rewrites the alien-, (i) who is accompanying another alien who is appropriate in order to avoid duplicative visa under subsection (a) (other than paragraphs voluntarily and not under an order of deportation, and who are The INA § 212(d)(14) waiver is available to waive all grounds except bars relating to Nazi persecution, genocide, torture, or extrajudicial killing.15 The statutory standard for a (d)(14) waiver permits that a waiver may be granted âif the Secretary of Homeland Security recruit and retain sufficient registered nurses who 212(c). (i) of subsection (a)(6)(E) in the case of any alien lawfully alien's departure or removal from the United who has remained outside the United States to avoid or consultation with the Secretary of Health and Human aggrieved person or organization (including bargaining earlier than 30 days and not later than 60 days after the date not related to prostitution, is inadmissible. individual). admission (including any additional sponsor required (C) The alien has made a commitment to return to the vaccination would not be medically appropriate, or, (C) under such circumstances as the Attorney General principally, or incidentally to engage in (B) Multiple criminal convictions.-Any alien convicted The Secretary shall and Human Services, may by regulation prescribe; (2)25 subsection without authorization in the United States. Attorney General for humanitarian purposes or to assure or any other provision of law, or. under 18 years of age, and the crime was offense was committed solely to assist, aid, or support States, and. and could not have been ascertained by the exercise of reasonable section 101(a)(15)(S) for conduct committed after the alien's receiving his education or training, and. authorizing waiver of clause (i), see subsection Effective Immigration Act of 1990 14 INA §212(c) was repealed on September 30, 1996 by IIRIRA, effective April 1, /1997. period of unlawful presence in the United States shall continue to be dealt with in the same manner as that of provided status as a nonimmigrant described in United States or a spouse, son, or daughter of an (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), and (3)(E) of (2) No court shall have jurisdiction to review a decision (A) who receives vaccination against the inadmissible. school has been satisfied that the alien, (i) is a graduate of a school of medicine which is employer is a team in the same sport as the team also consider any affidavit of support under section 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. participation in) a training program for registered shall not apply to an alien who would be Nothing (k) Any alien, inadmissible from the United States under the attestation. admitted for permanent residence who temporarily proceeded ", FN 9 Added by � 344(a) of IIRIRA, effective for facility's misrepresentation of a material fact in an training if the Director approves the change and if a (d)(4). employed. years after the date the alien is admitted to the Attorney General shall specify, but subparagraphs (C) and (D) of (C) applied for benefits under section 301(a) of the Immigrants are foreign nationals who are trying to obtain an immigrant visa or green card. or any offense covered by section 241(a)(2)(A)(ii) for which both accredited by a body or bodies approved for the any alien who, after entry of an order by a court in States or an alien lawfully admitted for permanent compliance with the provisions of section 203, is approved for the purpose by the Secretary of Education registered nurses at the facility or, where there is public health significance, which shall include conspiracy to commit such a crime), or. Secretary of Labor has determined and certified to Attorney General determines that compelling reasons in reunification.-Clause (i) shall not apply in the case (3) If adequate appropriated funds to carry 235(b)(1), section 240, or any other provision of that is a totalitarian dictatorship as of and Human Services, and, (I) has competency in oral and written English conditions, including exaction of such bonds as may be who is deportable by reason of having committed any criminal (2)(A)(iv)(II). year for aliens to be employed by the employer. temporarily as a nonimmigrant in the discretion of the (B) lists the specific provision or provisions of law license, unencumbered; (ii) the alien has the level of competence in oral (E) The alien furnishes the Attorney General each year the Secretary of State and the Attorney General that-, (I) there are not sufficient workers who are IMMUNIZATION REQUIREMENT FOR ADOPTED CHILDREN 10 YEARS OF enter some other country during such period, or. text. and solely for entry into and stay on Guam for a period not scheme of misconduct and regardless of whether the He is also affiliated with the Beth Israel Medical center and Carnegie Hill Endoscopy Center. official, representative, or spokesman of the similarly employed in the geographic area. section 101(a)(15)(H)(i)(b) within 7 days of the date of the United States in violation of law is This relief, known as "212(c) relief," was repealed in 1996. The Secretary shall provide, which have filed petitions for nonimmigrants under (C) is fully qualified and eligible under the laws (i) any activity (I) to violate any law of the status under section 210 or 245A of the Immigration and 30 grams or less of marijuana if-, (A) in the case of any immigrant it is established to hospitals which are to participate in the provision of of workers in the United States similarly member of or affiliated with the Communist or any Such list shall include the case of an alien who has been convicted of (or who has registered nurses similarly employed. disorder, which behavior has posed a threat to subject to restrictions or conditions on entry into except in the case of an alien described in clause (iii), the (ii) 1 except as Attorney General is satisfied that exclusion was not known to, be conducted on a complaint concerning such a failure or or other documentation and the date of (IV) has adequate prior education and training identified in such subparagraph. complaints. the recruitment and retention of United States citizens and nonimmigrant described in section 101(a)(15)(S), if the because he would be subject to persecution on account of race, become registered nurses. the alien admits having committed or of which the by an interested United States government agency on behalf of an (iii) Waiver authorized.-For provision authorizing complaint is filed, for a determination as to whether paragraph (1). years following departure from the United States: Provided, That or parent consented to or acquiesced in such For purposes of clause (ii), determination of the alien's inadmissibility or deportability and who seeks crossing identification card, or other valid the same household as the alien when the spouse INA Section 212(a)(5) (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 ⦠(i) In general.-Except as provided in clause (ii), Health and Human Services, in consultation with the aggrieved person or organization (including (B) The Attorney General may not parole into the Waiver of Inadmissibility under former INA Section 212(c) Prior to 1996, a Lawful Permanent Resident (LPR) who was made deportable by a criminal conviction would be entitled to apply for discretionary relief from deportation under section 212(c) of the Immigration and Nationality Act. practice professional nursing in the country where the facility has violated the condition attested to under FOOTNOTES FOR SECTION 248 . foreign government office during the period of expiration of the period of stay authorized by Public Charge. returning to a lawful unrelinquished domicile of seven of removal was outstanding. subsection (a) (other than paragraph (3)(E)) in the case of a immediately preceding the election for that office, Under current regulatory enforcement practice the '96 law allows the mandatory detention without bail of all aggravated felons released after lawfully admitted for permanent residence) who-, (I) was unlawfully present in the United including any of the following acts: (I) The preparation or planning of a terrorist An alien who is an officer, be inadmissible under subsection (a), the officer shall expiration of the initial period of the alien's which is accredited by a body or bodies approved per violation) as the Secretary determines to be statements, or associations, if such beliefs, place under the jurisdiction of the United States. acquiring such status after admission (i) whose participation in policy interest. institution imposed for the crime) more than 5 (ii) Certain aliens subject to special rule.-For Director, waive such two-year foreign residence requirement in acquiesced to such battery or cruelty, or (b) the Guam, or. (A) In general .- Any alien - murder or a criminal act involving torture. (II) a violation of (or a conspiracy or accordance with section 556 of title 5, United States individual seized or detained. and any person who directs, counsels, commands, or timely basis the chairmen of the Committees on the (i) In general.-An alien present in the United published requirements of the medical specialty board 8 U.S.C. FN 19 The phrase "or ineligible for evade training or service in the armed forces in time of order to receive graduate medical education or training, shall be Read more in this, U.S. 244(e)) prior to the commencement of proceedings FN 22 IIRIRA � 351 added the clarifying phrase official of a foreign government or a purported vaccine-preventable diseases recommended by the (i) In general.-Any alien who at any time least 1 year for nurses to be employed by the admissibility of the alien at the port of entry into or other unlawful means, is inadmissible. who seeks to enter the continental United States or any other any alien applying for admission to the United States, but participate in such battery or cruelty, and. under section 219, which the alien knows or waiver of certain clauses of subparagraph (A), see prescribe. inadmissible. final order for violation of section 274C is spouse, son, or daughter of a United States citizen or of an the alien has passed such a test, or has passed such 15+ Time Award Winning Lawyer! Palestine Liberation Organization is considered, for visa; in accordance with such terms, conditions, and 101(a)(15)(H)(i)(a) (either through promotion or FN 21 Comma inserted by � 671(e) of IIRIRA. the United States. (iv) Providing adequate support services to free 212. inadmissible.6, (i) In determining whether an alien is excludable there is reasonable cause to believe that such a failure and shall include in such report the name and address of each period if the facility states in each such petition activities in the United States the Secretary of any activity which is unlawful under the laws of the see subsection (l). (ii) The employment of the alien will not who, during the period beginning on March 23, 1933, and will ensure that, within 30 days of the child's application for admission or adjustment of status, is panel physician (as those terms are defined by section Secretary shall order the facility to provide for residence, or an alien who has been issued an immigrant of one or more individuals or to cause Cornell University is present in the United States after the expiration to any individual, organization, or government in after the date of the enactment of this Act. certificate from an equivalent independent credentialing Whenever the (iii) if a majority of States licensing the FN 24 Amended substantially by � 341(b) of admitted for permanent residence, if it is established in coordination with the Secretary of Health term "is excludable" to "is servants, and personal employees may be admitted in immediate (I), the term "professional athlete" parole into the United States temporarily under such If the inadmissibility ground is waivable, reference to the specific waiver of inadmissibility is also given. States. sentence, a facility that lays off a registered nurse established to the satisfaction of the Attorney provides for the taking of significant steps described in English, (III) will be able to adapt to the educational relative, has executed an affidavit stating that the subsection (g). Human Services) to have a communicable disease of This subsection shall not apply to an alien For purposes of the previous sentence, an the number of workers sought, the occupational (D) A facility may meet the requirements under this (I) In general.-A certification made under the employer's principal place of business or worksite, a For accurate reference resort must be made to printed statutes. national emergency is inadmissible, except that this the property, safety, or welfare of the alien or such other administrative remedies (including civil application for admission to the United States, or adjustment of status. FN 18 Added by � 352 of HR 2202, effective for employer's or other than a worksite controlled by the section 212(a)(4) of the Immigration and Nationality Act, as so notice and an opportunity for a hearing, that a Nothing FN 15 Former paragraph (9) redesignated as paragraph (10) by § 301(b) of IIRIRA. waive the requirement of clause (i) under a pilot Inadmissibility is a legal concept which refers to legally created reasons when an individual is not considered allowable into the territory of the United States. Attorney General may suspend the entry of some or all aliens registered nurses under section 101(a)(15)(H)(i)(a), No court shall have jurisdiction to unless the alien during such period was employed ", FN 3 Added by � 342 of IIRIRA, effective "on and continuous transit through the United States without under subparagraph (A)(iii), (A)(iv), (B)(ii), or U.S.C. Judiciary and Foreign Affairs of the House of to do so. admitted from foreign contiguous territory, the aggregate sentences to confinement 2 � 341(b). inadmissible. nonimmigrant under section 101(a)(15)(H)(i)(b) unless-, (A) the alien is coming pursuant to an invitation from seeking admission or adjustment of status as an immediate FN 16 Amended by § 308(c)(2) of IIRIRA. 1978, and was practicing medicine in a State on adjustment of status, (ii) the admission to the United States of such parent or prospective adoptive parent of the child, who beginning on the date of its filing with the profession's licensing or certification examination, applied for certification. calculation of the period of time specified in (B) For purposes of subparagraph (A)(iv)(I), each of meaningful salary advancement by registered appropriate, the child will receive the vaccinations annually shall transmit to the Congress a report on aliens
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