immigration and nationality act pdf

endstream endobj 6267 0 obj <. WebThe Immigration and Nationality Act3 empowers U.S. applied. d. In a 1948 opinion, the legal advisor of the after January 13, 1941, and legitimated before December 24, 1952, who did not Establishment of central file; information from other departments and agencies. In all cases, the foreign medical graduate shall submit an employment contract with another health care facility located in an HHS-designated shortage area for the balance of the required 3-year period of employment. . Unlawful bringing of aliens into United States. WebSTORAGE NAME: h1617.COM PAGE: 6 DATE: 4/24/2023 Cooperation with Federal Immigration Authorities In 2019, the Legislature passed federal immigration enforcement legislation.23 The law requires a law enforcement agency24 to use its best efforts to support the enforcement of federal immigration law and applies to any official, representative, (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. (Added by the Act of on or after December 24, 1952, could acquire U.S. citizenship. If so, it runs Applications for waivers of inadmissibility in connection with an application for adjustment of status by T nonimmigrant status holders. In such a case, the Commissioner shall be notified immediately. (11) Appeals and motions to reopen. In typical Cold War language, McCarran described the law as a necessary weapon to preserve this Nation, the last hope of Western Civilization. He added, If this oasis of the world shall be overrun, perverted, contaminated, or destroyed, then the last flickering light of humanity will be extinguished.. The purpose of the process is to ensure that certificate holders pass United States licensure or certification examinations at the same pass rate as graduates of United States programs. The the United States or one of its outlying possessions, at least five of which The personal data provided here will be stored securely in s Immigration Service Delivery databases and the Garda National Immigration Bureaus databases . (i) Suspension of a country or geographic area from the Guam-CNMI Visa Waiver Program may be made on a country-by-country basis for good cause including, but not limited to if: The admissions of visitors from a country have resulted in an unacceptable number of visitors from a country remaining unlawfully in Guam or the CNMI, unlawfully obtaining entry to other parts of the United States, or seeking withholding of removal or seeking asylum; or that visitors from a country pose a risk to law enforcement or security interests, including the enforcement of immigration laws of Guam, the CNMI, or the United States. described briefly in 22 CFR 50.2-50.5 and in more detail in 22 CFR 51.42 and 22 U.S. Armed Forces between December 31, 1946 and December 24, 1952, and who, before Such changes include, but are not limited to, the following: Any criminal charge, conviction, plea of no contest, or other judicial determination in a criminal case concerning the entrepreneur or start-up entity; any complaint, settlement, judgment, or other judicial or administrative determination concerning the entrepreneur or start-up entity in a legal or administrative proceeding brought by a government entity; any settlement, judgment, or other legal determination concerning the entrepreneur or start-up entity in a legal proceeding brought by a private individual or organization other than proceedings primarily involving claims for damages not exceeding 10 percent of the current assets of the entrepreneur or start-up entity; a sale or other disposition of all or substantially all of the start-up entity's assets; the liquidation, dissolution or cessation of operations of the start-up entity; the voluntary or involuntary filing of a bankruptcy petition by or against the start-up entity; a significant change with respect to ownership and control of the start-up entity; and a cessation of the entrepreneur's qualifying ownership interest in the start-up entity or the entrepreneur's central and active role in the operations of that entity. (4) Admission under this section renders an alien ineligible for: (i) Adjustment of status to that of a temporary resident or, except as provided by section 245(i) of the Act or as an immediate relative as defined in section 201(b) of the Act, to that of a lawful permanent resident. 1182(d)(14), if it determines that it is in the public or national interest to exercise discretion to waive the applicable ground(s) of inadmissibility. It does not refer to any other holder of a Taiwan passport or a passport issued by the People's Republic of China. (h) Alternative certified statement for certain nurses. The DHS will evaluate CGFNS' expertise with respect to the particular health care occupation for which authorization to issue certificates is sought, in light of CGFNS' statutory designation as a credentialing organization. The Immigration and Nationality Act of 1952 (The McCarran-Walter Act) Under section 205 NA, a child could acquire U.S. Citizenship Under Sections 201 (c), (d), (g), and (i) and 205 NA. The entrepreneur parolee must immediately notify USCIS in writing if he or she will no longer be employed by the start-up entity or ceases to possess a qualifying ownership stake in the start-up entity. hostilities in the present war as proclaimed by the President or determined by 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. Admission of immigrants into the United States. (b) Section 212(g) waivers for certain medical conditions . (6) Visas shall next be made available, in a number not to exceed 10 per centum of the number specified in section 201(a) (ii), to qualified immigrants who are capable of performing specified skilled or unskilled labor, not of a temporary or seasonal nature, for which a shortage of employable and willing persons exists in the United States. (4) Responsibilities to applicants applying for an initial certificate or renewal. (iii) If the Service cannot locate a relative in or out of detention to sponsor the minor, but the minor has identified a non-relative in detention who accompanied him or her on arrival, the question of releasing the minor and the accompanying non-relative adult shall be addressed on a case-by-case basis; (4) Aliens who will be witnesses in proceedings being, or to be, conducted by judicial, administrative, or legislative bodies in the United States; or. 0000050505 00000 n NOTE: On December 29, (8) Criteria for maintaining accreditation. 1185(c)). (c) Waivers. (2) In the case of a diversity immigrant, that the Department of State selected the alien to participate in the Diversity Visa Program for the fiscal year for which the alien registered. It also applies to any Mariel Cuban, detained under the authority of the Immigration and Nationality Act in any facility, who has not been approved for release or who is currently awaiting movement to a Service or Bureau Of Prisons (BOP) facility. There was no specific provisions for admitting refugees. (b) Applications under section 212(d)(3)(B). (6) Qualified job means full-time employment located in the United States that has been filled for at least 1 year by one or more qualifying employees. for Children of Veterans. (d) Discretionary authority; decision; appeals and motions to reopen . A foreign medical graduate who seeks to have early termination of employment excused due to extenuating circumstances shall submit documentary evidence establishing such a claim. Section 201(i); and. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 201 of the Immigration and Nationality Act (66 Stat. (iv) For an alien lawfully admitted for permanent residence on a conditional basis under section 216 of the Act, removal of the conditions on the alien's status renders the waiver valid indefinitely, even if the applicant later abandons or otherwise loses lawful permanent resident status. In the case of an alien holder of a BCC who is granted voluntary departure without a hearing, the card shall be declared void and physically cancelled by an immigration officer who is authorized to issue a Notice to Appear or to grant voluntary departure. If parole is terminated, any employment authorization based on that parole is automatically revoked. (c) Validity. (3) Bahamian nationals or British subjects resident in the Bahamas. (iv) The organization must have a balanced representation such that the individuals from the same health care discipline, the voting public members, and any other appointed individuals have an equal say in matters relating to credentialing and/or examinations. An alien shall not receive more than one initial grant of entrepreneur parole or more than one additional grant of entrepreneur re-parole based on the same start-up entity, for a maximum period of parole of five years. (2) Criteria for Review. 1182(a)(3)(E). (vii) Describe how the organization will process and issue in a timely manner the certificates. 1381 et seq. 8 FAM 301.6-5 Children Born Out (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. (6) Failure to comply. Employment on passenger vessels of aliens afflicted with certain disabilities. A decision to release on parole may contain such special conditions as are considered appropriate. Official websites use .gov (B) Denial. established during minority, by legitimation, or adjudication of a competent These excerpts come from Section 212, Chapter 2 of the USCIS handbook: (G) 2b 2c FOREIGN GOVERNMENT Except as provided in paragraph (g)(2) of this section, if the applicant also requires a waiver under section 212(g), (h), or (i) of the Act, he or she must file both waiver requests simultaneously on the forms designated by USCIS with the fees prescribed in 8 CFR 106.2 and in accordance with the form instructions. (5) Aliens entering pursuant to International Boundary and Water Commission Treaty. 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. The new system implemented preferences which prioritized family reunification (75 percent), employment (20 percent), and refugee status (5 percent). (e), and (g), and section 204, subsections (a) and (b), hereof apply, as of the the purposes of section 201, "the place of general abode shall be deemed 754, 854. context as a person, not a U.S. citizen or an alien, who owes permanent (2) The person's paternity must have been established Eastern and southern Europeans, the principal objects of exclusion in the Immigration Act of 1924, could not enter the United States in equal numbers as northern and western Europeans But, as we have seen, the new law was not inclusionary towards all. Act (INA) (8 U.S.C. A passport is required for Citizens of the British Overseas Territory of Bermuda arriving in the United States. An application for advance permission to enter under section 212 of the Act shall be denied if: (1) The alien has not been lawfully admitted for permanent residence; (2) The alien has not maintained lawful domicile in the United States, as either a lawful permanent resident or a lawful temporary resident pursuant to section 245A or section 210 of the Act, for at least seven consecutive years immediately preceding the filing of the application; (3) The alien is subject to exclusion from the United States under paragraphs (3)(A), (3)(B), (3)(C), or (3)(E) of section 212(a) of the Act; (4) The alien has been convicted of an aggravated felony, as defined by section 101(a)(43) of the Act, and has served a term of imprisonment of at least five years for such conviction; or. (2) Within the United States. (3) State, Tribal, territorial, or local cash benefit programs for income maintenance (often called General Assistance in the State context, but which also exist under other names). (1) Automatic. 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. section 405, the provisions of section 301(a)(7) shall apply to a child born The DHS may conduct a review of the approval of any request for authorization to issue certificates at any time within the 5-year period of authorization for any reason. An alien may be eligible to apply for and receive a waiver if he or she: (i) Is present in the United States at the time of filing the application for a provisional unlawful presence waiver; (ii) Provides biometrics to USCIS at a location in the United States designated by USCIS; (iii) Upon departure, would be inadmissible only under section 212(a)(9)(B)(i) of the Act at the time of the immigrant visa interview; (iv) Has a case pending with the Department of State, based on: (A) An approved immigrant visa petition, for which the Department of State immigrant visa processing fee has been paid; or. Nationals but not citizens; residence within outlying possessions. (5) The alien applies for relief under section 212(c) within five years of the barring act as enumerated in one or more sections of section 242B(e) (1) through (4) of the Act. The family member specified in section 212(g) of the Act may file the waiver application for the applicant if the applicant is incompetent to file the waiver personally. by an affidavit of paternity) and later This data may be retained until Immigration Service Delivery can be sure that you will have no further contact with the immigration services. retention requirements, they all became subject to those of Section 301(b) INA For purposes of this section, such an individual or organization may be considered a qualified investor if, during the preceding 5 years: (i) The individual or organization made investments in start-up entities in exchange for equity, convertible debt, or other security convertible into equity commonly used in financing transactions within their respective industries comprising a total in such 5-year period of no less than $633,952; and. An application based upon exceptional hardship shall be supported by a statement, dated and signed by the applicant, giving a detailed explanation of the basis for his or her belief that his or her compliance with the foreign residence requirement of section 212(e) of the Act, as amended, would impose exceptional hardship upon his or her spouse or child who is a citizen of the United States or a lawful permanent resident thereof. Unless the Assistant Attorney General, Criminal Division, objects within 7 days, he or she shall be deemed to have concurred in the decision. (3) There is no appeal of a decision to deny a waiver. . The Secretary may require a bond on behalf of an alien seeking admission under the Guam-CNMI Visa Waiver Program, in addition to the requirements enumerated in this section, when the Secretary deems it appropriate. C, Title VI, Subtitle D (Sept. 30, 1996), 8 U.S.C. There is no waiting period for an organization to re-apply for credentialing status. (iv) The detainee is not likely to violate the conditions of his parole. Under section 214(l)(1)(B) of the Act, however, the Service, in the exercise of discretion, may excuse early termination of the foreign medical graduate's 3-year period of employment with the health care facility named in the waiver application due to extenuating circumstances. When a consular officer or other State Department official recommends that the benefits of section 212(d)(3)(A) of the Act be accorded an alien, neither an application nor fee shall be required. (3) Candidate evaluation and testing mechanisms. Alternatively, DHS, in its discretion, may provide the alien notice and an opportunity to respond prior to terminating the alien's parole under this section. (ii) DHS will forward to HHS upon receipt any information received in response to a Notice of Intent to Terminate an entity's authorization to issue certificates. An applicant requesting a waiver under section 212(d)(13) of the Act on grounds other than the health-related grounds described in section 212(a)(1) of the Act must establish that the activities rendering him or her inadmissible were caused by, or were incident to, the victimization described in section 101(a)(15)(T)(i)(I) of the Act. legitimation after December 24, 1952, of children born during the life of the Nothing in this section shall be construed as limiting an alien's ability to apply for any other waivers of inadmissibility for which he or she may be eligible. (c) Review Plan Director. . 2681 (Oct. 21, 1998), as amended, 8 U.S.C. Section 212.1(q) also issued under section 702, Pub. DHS, in its discretion, may terminate parole granted under this section at any time and without prior notice or opportunity to respond if it determines that the alien's continued parole in the United States no longer provides a significant public benefit. (vi) The alien has a pending application with USCIS for lawful permanent resident status. December 23, 1952). In no circumstances shall the alien or the relevant LEA have a right of appeal from any decision to revoke. (7) Medical Technicians (Clinical Laboratory Technicians), (d) Presentation of certificate or certified statements . . (B) Any alien admitted under this paragraph (f) who applies for adjustment of status under section 209 of the Act after being granted asylum must establish his or her eligibility to adjust status under all applicable provisions of the Act and 8 CFR part 209. (i) The organization shall publish and make available a comprehensive outline of the information, knowledge, or functions covered by the evaluation/examination process, including information regarding testing for English language competency. . McCarran viewed immigration policy a matter of internal security. The Senate subcommittees report rehearsed the well-worn charge that the Communist movement in the United States is an alien movement, sustained, augmented, and controlled by European Communists and the Soviet Union. McCarran stressed the need to bring our immigration system into line with the realities of Communist tactics, In 1952 Congress passed the omnibus Immigration and Naturalization Act, also known as the McCarran-Walter Act. 15, 2021; 87 FR 55636, Sept. 9, 2022]. Odo, F. (ii) After July 26, 2004 (or, after 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), such discretion shall be applied on a case-by-case basis. 1182(a)(7)(B)(i), or a valid biometric border crossing card issued by the DOS on Form DSP150, at the time of application for admission, unless the nonimmigrant satisfies the requirements described in one or more of paragraphs (a) through (f) or (i), (o), or (p) of this section. While also preserving nonquota immigration from countries of the Western Hemisphere, it imposed quotas on the former British colonies in the Caribbean, a move that was designed to limit the migration of black people into the United States. Immigration and Nationality Act (the Act) section 101(a)(15)(L), 8 U.S.C. (1) Except as provided in paragraph (h)(2) of this section, any national of Cuba or Haiti who was paroled into the United States on or after October 10, 1980, shall be considered to have been paroled in the special status for nationals of Cuba or Haiti, referred to in section 501(e)(1) of the Refugee Education Assistance Act of 1980, Public Law 96422, as amended (8 U.S.C. 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. 1101 note, and section 1244(g) of the National Defense Authorization Act for Fiscal Year 2008, as amended, Public Law 110181 (Jan. 28, 2008); (5) Cuban and Haitian entrants applying for adjustment of status under section 202 of the Immigration Reform and Control Act of 1986 (IRCA), Public Law 99603, 100 Stat. 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. [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. In cases involving violent or dangerous crimes, USCIS will only exercise favorable discretion in extraordinary circumstances, unless the criminal activities were caused by, or were incident to, the victimization described under section 101(a)(15)(T)(i)(I) of the Act. (vi) The organization shall provide applicants who failed either the evaluation or examination with information on general areas of deficiency. 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). 0000002369 00000 n [56 FR 23212, May 21, 1991, as amended at 64 FR 25766, May 12, 1999; 65 FR 15854, Mar. (v) Transport an alien in possession of completed I94, Arrival-Departure Record (CBP Form I94). (xi) If a resident of Taiwan, possess a Taiwan National Identity Card and a valid Taiwan passport with a valid re-entry permit issued by the Taiwan Ministry of Foreign Affairs. This contact form is only for website help or website suggestions. Parole determinations and revocations respecting Mariel Cubans. USCIS, at any time, may revoke a waiver previously authorized under section 212(d) of the Act. U.S. 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. The provisions of 8 CFR subpart 208 subpart A shall not apply to an alien present or arriving in the CNMI seeking to apply for asylum prior to January 1, 2030. You can learn more about the process As a condition of parole under this section, a parolee must maintain household income that is greater than 400 percent of the federal poverty line for his or her household size as defined by the Department of Health and Human Services. It followed earlier legislation permitting Chinese, Filipinos, and Asian Indians to naturalize . The Director shall have authority to establish and maintain appropriate files respecting each Mariel Cuban to be reviewed for possible parole, to determine the order in which the cases shall be reviewed, and to coordinate activities associated with these reviews. The medical report shall contain a complete medical history of the alien, including details of any hospitalization or institutional care or treatment for any physical or mental condition; findings as to the current physical condition of the alien, including reports of chest X-ray examination and of serologic test for syphilis if the alien is 15 years of age or over, and other pertinent diagnostic tests; and findings as to the current mental condition of the alien, with information as to prognosis and life expectancy and with a report of a psychiatric examination conducted by a psychiatrist who shall, in case of mental retardation, also provide an evaluation of the alien's intelligence. 0000005460 00000 n If the alien challenges the termination in removal proceedings, and the removal proceedings end in the restoration of the alien's status, the waiver will become effective again. 202. Pending issuance by the aforementioned governments of travel documents to eligible citizens, travel documents previously issued by the Trust Territory of the Pacific Islands will continue to be accepted for purposes of identification and to establish eligibility for admission into the United States, its territories and possessions. If a valid Border Crossing Card (Forms I185, I186, or I586) previously issued by the Service, a non-biometric border crossing card issued by the DOS before April 1998, or a Form DSP150 issued by the DOS has been lost, stolen, mutilated, or destroyed, the person to whom the card was issued may apply for a new card as provided for in the DOS regulations found at 22 CFR 41.32 and 22 CFR 41.103. (iii) Bears a Mexican diplomatic or official passport and who is a military or civilian official of the Federal Government of Mexico entering the United States for 6 months or less for a purpose other than on assignment as a permanent employee to an office of the Mexican Federal Government in the United States, and the official's spouse or any of the official's dependent family members under 19 years of age, bearing diplomatic or official passports, who are in the actual company of such official at the time of admission into the United States. Any applicable ground of inadmissibility must be waived by approval of an appropriate waiver(s) under section 209(c) of the Act and 8 CFR 209.2(b).
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immigration and nationality act pdf 2023