No detainee may be released on parole until suitable sponsorship or placement has been found for the detainee. (3) Eligible aliens. 24, 1994; 65 FR 80294, Dec. 21, 2000]. . 1409) changed 1641(c), under section 212(a)(4)(E)(iii) of the Act; (22) Applicants adjusting status who qualify for a benefit under section 1703 of the National Defense Authorization Act, Public Law 108136, 117 Stat. But preserving the national origins quotas was not the central motivation . (5) Aliens entering pursuant to International Boundary and Water Commission Treaty. In accordance with former section 242 of the Act (before amended by section 306 of the IIRIRA of 1996, Div. Except as provided in paragraph (e)(4) of this section, an alien may be eligible to apply for and receive a provisional unlawful presence waiver for the grounds of inadmissibility under section 212(a)(9)(B)(i)(I) or (II) of the Act if he or she meets the requirements in this paragraph. https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-212, Documentary Requirements: Nonimmigrants; Waivers; Admission of Certain Inadmissible Aliens; Parole. transmitting citizenship under that section. For persons born out of wedlock In no circumstances shall the alien or the relevant LEA have a right of appeal from any decision to revoke. Where are Cold War security concerns reflected in this law? (ii) Except for K1 and K2 nonimmigrants and aliens lawfully admitted for permanent residence on a conditional basis, an immigrant waiver of inadmissibility is valid indefinitely, even if the applicant later abandons or otherwise loses lawful permanent resident status. (a) Persons covered by sections 1 or 2 of this proclamation shall be identified by the Secretary of State or the Secretary of State's designee, in his or her sole discretion, pursuant to such standards and procedures as the Secretary of State may establish. (i) Pursuant to section 212(d)(3) of the Act (and, for cases described in paragraph (d)(1) of this section, upon the recommendation of the Secretary of State), the Secretary has determined that until July 26, 2004 (or until July 26, 2005, in the case of a citizen of Canada or Mexico who, before September 23, 2003, was employed as a TN or TC nonimmigrant health care worker and held a valid license from a U.S. jurisdiction), DHS, subject to the conditions in paragraph (n)(2) of this section, may in its discretion admit, extend the period of authorized stay, or change the nonimmigrant status of an alien described in paragraph (d)(1) or paragraph (d)(2) of this section, despite the alien's inadmissibility under section 212(a)(5)(C) of the Act, provided the alien is not otherwise inadmissible. (i) In general. A visa and a passport are not required of an alien employed either directly or indirectly on the construction, operation, or maintenance of works in the United States undertaken in accordance with the treaty concluded on February 3, 1944, between the United States and Mexico regarding the functions of the International Boundary and Water Commission, and entering the United States temporarily in connection with such employment. (3) Agreement to reasonable conditions (such as periodic reporting of whereabouts). C, Title VI, Subtitle D (Sept. 30, 1996), 8 U.S.C. eCFR (B) Taiwan. If you would like to comment on the current content, please use the 'Content Feedback' button below for instructions on contacting the issuing agency. Travel expenses and expense of transporting remains of officers and employees dying outside of United States. (1) In general. the child's birth, had met the physical presence requirement of section (h) Authorizations issued to crewmen without limitation as to period of validity. 1153(b )(2). (v) The nursing program was in operation on or before November 12, 1999, or has been approved by unanimous agreement of CGFNS and any equivalent credentialing organizations that have been approved for the certification of nurses. United States qualifying tribal entity means a tribe, band, or other group of Native Americans formally recognized by the United States Government which agrees to meet WHTI document standards. If the application is made in the course of proceedings under sections 235, 236, or 242 of the Act, the application shall be made to the Immigration Court. AN ACTTo revise the laws relating to immigration, naturalization, and nationality;and for other purposes. Children born and residing outside the United States; conditions for acquiring certificate of citizenship. View the most recent official publication: These links go to the official, published CFR, which is updated annually. WebGrounds for Refusal Under the Immigration and Nationality Act Immigrant Nonimmigrant *Due to the COVID-19 pandemic, posts were instructed to suspend routine visa services and provide only mission critical and emergency services in late March 2020. (ii) FAST Program. An organization undertaking the administration of a predictor examination, or a licensing or certification examination shall demonstrate the ability to conduct such examination fairly and impartially. No appeal by the alien shall lie from an adverse decision made by a Service officer on the recommendation of a consular officer or other State Department official. 8 FAM 301.6-3(B) What '.F6-k[U:RZRy ? Until July 26, 2004 (or until July 26, 2005, in the case of a citizen of Canada or Mexico, who, before September 23, 2003, was employed as a TN or TC nonimmigrant health care worker and held a valid license from a U.S. jurisdiction), the temporary admission, extension of stay, or change of status of an alien described in 8 CFR part 212(d)(1) or (d)(2) of this section that is provided for under this paragraph (n) is subject to the following conditions: (i) The admission, extension of stay, or change of status may not be for a period longer than 1 year from the date of the decision, even if the relevant provision of 8 CFR 214.2 would ordinarily permit the alien's admission for a longer period; (ii) The alien must obtain the certification required by paragraph (a) of this section within 1 year of the date of decision to admit the alien or to extend the alien's stay or change the alien's status; and. 828 (W.D. possessions before reaching the age of twenty-one years, his American retention requirements, they all became subject to those of Section 301(b) INA Pub. L. 101-649 Immigration Act of 1990 - United (b)(1), is act June 27, 1952, ch. These excerpts come from Section 212, Chapter 2 of the USCIS handbook: (1) National interest. (ii) File the application on the form designated by USCIS with the fee prescribed in 8 CFR 106.2, in accordance with the form instructions with the consular officer for permission to reapply for admission to the United States after deportation or removal. (4) Evidence that the geographic area or areas of intended employment indicated in the new H1B petition are in HHS-designated shortage areas. While CGFNS has been specifically listed in the statute as an entity authorized to issue certificates, it is not exempt from governmental oversight. Nationals of the following countries are eligible to participate in the Guam-CNMI Visa Waiver Program for purposes of admission to both Guam and the CNMI: Australia, Brunei, Japan, Malaysia, Nauru, New Zealand, Papua New Guinea, Republic of Korea, Singapore, and the United Kingdom. (d) Applicant for immigrant visa. Application under this paragraph (f) may not be combined with any other waiver of inadmissibility. (Secs. In the event USCIS decides to remove an S nonimmigrant from the United States, the Assistant Attorney General, Criminal Division, and the relevant LEA shall be notified in writing to that effect. You can learn more about the process A passport is required. However, the approval covers only those specific grounds of excludability or deportability that were described in the application. 1153(b)(2). Local jurisdiction over immigrant stations. For purposes of paragraphs (a)(3) and (5) of this section, an entity may be considered recently formed if it was created within the 5 years immediately preceding the receipt of the relevant grant(s), award(s), or investment(s). Citizenship Under Sections 201 (c), (d), (g), and (i) and 205 NA. All organizations will be reviewed, including CGFNS, to guarantee that they continue to meet the standards required of all certifying organizations, under the following: (i) The organization shall be incorporated as a legal entity. will bring you to those results. The alien may not appeal or file a motion to reopen or reconsider an abandonment denial under 8 CFR 103.5. Such rescission will be published in the Federal Register. 0000076167 00000 n %%EOF complete the five years' residence in the United States or its outlying presence that was sufficient under earlier laws. Visits to the United States c. Section 205 NA was not revised when section 201 NA The Service shall review a new H1B petition filed on behalf of a foreign medical graduate who has not yet fulfilled the required 3-year period of employment with the health care facility named in the waiver application and in the original H1B petition to determine whether extenuating circumstances exist which warrant a change in employment, and whether the waiver granted under Pub. (C) Review of amended and new H1B petitions for foreign medical graduates granted waivers under Pub. 1151 note (posthumous benefits to surviving spouses, children, and parents); (23) American Indians born in Canada determined to fall under section 289 of the Act; (24) Texas Band of Kickapoo Indians of the Kickapoo Tribe of Oklahoma, Public Law 97429 (Jan. 8, 1983); (25) Nationals of Vietnam, Cambodia, and Laos applying for adjustment of status under section 586 of Public Law 106429 under 8 CFR 245.21; (26) Polish and Hungarian Parolees who were paroled into the United States from November 1, 1989 to December 31, 1991, under section 646(b) of the IIRIRA, Public Law 104208, Div. Loss of nationality by native-born or naturalized citizen; voluntary action; burden of proof; presumptions. court. 16, 1965, as amended at 63 FR 70316, Dec. 21, 1998] 341.5 Decision. When a credentialing organization notifies the DHS, via the Nebraska Service Center, that an individual's certification or certified statement has been revoked, the DHS will take appropriate action, including, but not limited to, revocation of approval of any related petitions, consistent with the Act and DHS regulations at 8 CFR 205.2, 8 CFR 214.2(h)(11)(iii), and 8 CFR 214.6(d)(5)(iii). 258-263). (2) The consular officer shall forward the application to the district director with jurisdiction over the place where the deportation or removal proceedings were held. The Expedited removal of aliens convicted of committing aggravated felonies. NATIONALITY By Mr. HUIZENGA: H.R. (2) The person's paternity must have been established Other members of the group, organization, or team must comply with other applicable document and/or inspection requirements found in this part or parts 211 or 235 of this subchapter. 212.12 Parole determinations and revocations respecting Mariel Cubans. The Assistant Attorney General, Criminal Division, will notify the Commissioner of the submission of the application. If the K1 does not marry the K nonimmigrant petitioner, the K1 and K2 nonimmigrants remain inadmissible for purposes of any application for a benefit on any basis other than the proposed marriage between the K1 and the K nonimmigrant petitioner.