immigration and nationality act pdf

Citizenship Under Sections 201 (c), (d), (g), and (i) and 205 NA. Web"(1) Except as provided in paragraph (2), the immigration and nationality laws of the United States shall be applied (to persons born before, on, or after the date of the enactment of this Act [Oct. 25, 1994]) as though the amendment made by subsection (a) [amending this section], and subsection (b) [enacting provisions set out above], had been citizenship. (3) The following English testing services have been approved by the Secretary of HHS: (ii) Test of English in International Communication (TOEIC) Service International. a. (4) British subjects resident in the Cayman Islands or in the Turks and Caicos Islands. United States after December 7, 1941, and before the date of the termination of 0000075005 00000 n A visa is required of such an alien unless he or she arrives directly from the Cayman Islands or the Turks and Caicos Islands and presents a current certificate from the Clerk of Court of the Cayman Islands or the Turks and Caicos Islands indicating no criminal record. The Secretary of HHS has sole authority to set standards for these English language requirements, and has determined that an alien must have a passing score on one of the three tests listed in paragraph (g)(3) of this section before he or she can be granted a certificate. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. (i) On notice. (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. (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. However, if the authorization is valid for multiple entries rather than for a specified number of entries, this information shall be specified only with respect to the initial entry; (iii) The length of each stay authorized in the United States, which shall not exceed the period justified and shall be subject to limitations specified in 8 CFR part 214. Immigration and Nationality Act 2193 (Nov. 19, 1997), as amended, 8 U.S.C. A finding that an alien has a disability, as defined by Section 504 of the Rehabilitation Act, will not alone be a sufficient basis to determine whether the alien is likely at any time to become a public charge. An alien granted parole under this section must immediately report any material change(s) to USCIS. (v) The organization must select representatives of the discipline using one of the following recommended methods, or demonstrate that it has a selection process that meets the intent of these methods: (A) Be selected directly by members of the discipline eligible to practice in the United States; (B) Be selected by members of a membership organization representing the discipline or by duly elected representatives of a membership organization; or. (5) Maintenance of comprehensive and current information. . except for the purpose of computing quotas for quota areas within the Asia-Pacific triangle . . Nationality lost solely from performance of acts or fulfillment of conditions. (b) Section 212(g) waivers for certain medical conditions . Unless the alien requesting the immigration benefit or classification has been exempted from section 212(a)(4) of the Act as listed in 212.23(a), the provisions of 212.20 through 212.23 of this part apply to an applicant for admission or adjustment of status to that of a lawful permanent resident. (iv) Canadian Indians. (i) In general. (8) Full-time employment means paid employment in a position that requires a minimum of 35 working hours per week. (B) The alien, the alien's sponsoring family member, or another responsible person has made complete financial arrangements for payment of any charges that may be incurred after arrival for studies, care, training and service; (C) The Director, Division of Quarantine, Center for Prevention Services, Centers for Disease Control, Atlanta, GA. 30333 shall be furnished: (1) The report evaluating the alien's mental status within 30 days after the alien's arrival; and. An alien speech language pathologists and/or audiologist who has graduated from a program accredited by the Council on Academic Accreditation in Audiology and Speech Language Pathology (CAA) of the American Speech-Language-Hearing Association (ASHA) is exempt from the educational comparability review and English language proficiency testing. 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. An alien seeking to perform labor in the United States as an occupational or physical therapist must obtain the following scores on the English tests administered by ETS: Test Of English as a Foreign Language (TOEFL): Paper-Based 560, Computer-Based 220; Test of Written English (TWE): 4.5; Test of Spoken English (TSE): 50. retroactive, but the Department held that it did not apply to a child born (a) Application for Form DSP150, B1/B2 Visa and Border Crossing Card, issued by the Department of State. U.S. military service counted as residence in the United States. A child of a The alien has the burden to establish, by a preponderance of the evidence, eligibility for a provisional unlawful presence waiver as described in this paragraph, and under section 212(a)(9)(B)(v) of the Act, including that the alien merits a favorable exercise of discretion. d. Originally, it was held that section 205 NA applied 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. twelve years, the other being an alien: Provided, that in order to retain such 212.5 Parole of aliens into the United States. U.S. Citizenship Non-Precedent Decision of the and If the alien is outside the United States at the time that USCIS approves the request for re-parole, the alien must appear at a port of entry to be granted parole, in lieu of admission. 8 U.S.C. (vi) The organization shall use formal procedures for the selection of members of the governing body that prohibit the governing body from selecting a majority of its successors. DHS will not consider receipt of, or certification or approval for future receipt of, public benefits not referenced in 212.21(b) and (c)), such as Supplemental Nutrition Assistance Program (SNAP) or other nutrition programs, Children's Health Insurance Program (CHIP), Medicaid (other than for long-term use of institutional services under section 1905(a) of the Social Security Act), housing benefits, any benefits related to immunizations or testing for communicable diseases, or other supplemental or special-purpose benefits. (f) Advance authorization. Impossible subjects: Illegal aliens and the making of modern America. (j) Officers authorized to act upon recommendations of United States consular officers for waiver of visa and passport requirements. In such a case, the Commissioner shall be notified immediately. (6) Each application based upon a claim to exceptional hardship must be accompanied by the certificate of marriage between the applicant and his or her spouse and proof of legal termination of all previous marriages of the applicant and spouse; the birth certificate of any child who is a United States citizen or lawful permanent resident alien, if the application is based upon a claim of exceptional hardship to a child, and evidence of the United States citizenship of the applicant's spouse or child, when the application is based upon a claim of exceptional hardship to a spouse or child who is a citizen of the United States. The new system implemented preferences which prioritized family reunification (75 percent), employment (20 percent), and refugee status (5 percent). 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 $633,952; and. child born abroad whose American parent is at the time of the child's birth (i) A provisional unlawful presence waiver granted according to paragraph (e) of this section is valid subject to the terms and conditions as specified in paragraph (e) of this section. Nationals but not citizens; residence within outlying possessions. 6 U.S.C. a>%Suby]W$)-P h$iVT4Q2Q? (2) A certificate issued under section 212(a)(5)(C) of the Act must contain the following: (i) The name, address, and telephone number of the credentialing organization, and a point of contact to verify the validity of the certificate; (ii) The date the certificate was issued; (iii) The health care occupation for which the certificate was issued; and. L. 103416 may be affirmed, and the new H1B petition may be approved in the exercise of discretion, thereby permitting the foreign medical graduate to serve the balance of the requisite 3-year employment period at the health care facility named in the new H1B petition. An individual's receipt of public benefits solely on behalf of a third party (including a member of the alien's household as defined in paragraph (f) of this section) does not constitute receipt of public benefits by such individual. Any potential threats to the welfare, safety, or security of the United States, its territories, or commonwealths will be dealt with on a country by country basis, and a determination by the Commissioner of the Immigration and Naturalization Service that a threat exists will result in the immediate deletion of that country from the listing in paragraph (e)(3) of this section. USCIS may impose other such reasonable conditions in its sole discretion with respect to any alien approved for parole under this section, and it may request verification of the parolee's compliance with any such condition at any time. (Added by the Act of Where are Cold War security concerns reflected in this law? Excerpt from: Updated on May 29, 2018. An application for the exercise of discretion under section 212(d)(3)(B) of the Act shall be submitted on the form designated by USCIS with the fee prescribed in 8 CFR 106.2, and in accordance with the form instructions. Parole determinations for alien witnesses and informants for whom a law enforcement authority (LEA) will request S classification. The individual's certification or certified statement must be used for any admission into the United States, change of status within the United States, or adjustment of status within 5 years of the date that it is issued. 23, 1952, inclusive, whose U.S. citizen parent met the transmission philanthropic, religious, commercial, or financial organization, having its for acquisition of U.S. citizenship under section 201(i) NA (see 8 FAM 301.6-2 and 8 FAM 301.6-4). Learn more about the eCFR, its status, and the editorial process. (1) Organizations other than CGFNS. (ii) An authorization issued in conjunction with an application for a Form DSP150, B1/B2 Visa and Border Crossing Card, issued by the DOS shall be valid for a period not to exceed the validity of the biometric BCC for applications for admission at U.S. POEs and shall be valid for multiple entries. Immigration and Nationality Act | PDF 1/1.1 (d) Revocation. (11) The applicant shall be notified of the decision, and if the application is denied, of the reasons therefor and of the right of appeal in accordance with the provisions of part 103 of this chapter. %%EOF WebAn Act To amend the Immigration and Nationality Act to change the level, and preference system for admission, of immigrants to the United States, and to provide for 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. prescribed period, but required the parents to maintain their place of abode in 0000006607 00000 n When admitting any alien who has been granted the benefits of section 212(d)(3)(B) of the Act, the Immigration officer shall note on the arrival-departure record, Form I94 (see 1.4), or crewman's landing permit, Form I95, issued to the alien, the conditions and limitations imposed in the authorization. Travelers with a connection to one of the following geographic areasthe Hong Kong Special Administrative Region (Hong Kong) or Taiwanmay also be eligible to participate in the Guam-CNMI Visa Waiver Program for purposes of admission to both Guam and the CNMI, see paragraphs (q)(2)(ii)(A) and (q)(2)(ii)(B) respectively. The authority to grant parole under section 212(d)(5) of the Act to a detained Mariel Cuban shall be exercised by the Commissioner, acting through the Associate Commissioner for Enforcement, as follows: (1) Parole decisions. there would not be successive generations of Americans residing abroad with no See Immigration and Nationality Act (the Act) section 203(b)(2), 8 U.S.C. L. 104208). (e) Withdrawal of parole approval. In the USCIS handbook, it describes reasons for keeping out unwanted immigrants. Except as provided in paragraph (g)(2) of this section, an applicant for an immigrant visa who is not physically present in the United States and who requires permission to reapply must file the waiver request on the form designated by USCIS. L. 103416 are subject, in all cases, to the provisions of section 214(g)(1)(A) of the Act. citizenship shall thereupon cease. The preceding provisos shall not apply to a When an appeal may not be taken from a decision of a special inquiry officer excluding an alien but the alien has applied for the exercise of discretion under section 212(d)(3)(B) of the Act, the alien may appeal to the Board from a denial of such application in accordance with the provisions of 236.5(b) of this chapter. No application for asylum may be filed pursuant to section 208 of the Act by an alien present or arriving in the CNMI prior to January 1, 2030; however, aliens physically present in the CNMI during the transition period who express a fear of persecution or torture only may establish eligibility for withholding of removal pursuant to INA 241(b)(3) or pursuant to the regulations implementing Article 3 of the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. (2) New H1B petitions. A transportation line bringing any alien to Guam or the CNMI pursuant to this section must: (i) Enter into a contract on CBP Form I760, made by the Commissioner of Customs and Border Protection on behalf of the government; (ii) Transport an alien who is a citizen or national and in possession of a valid unexpired ICAO compliant, machine readable passport of a country enumerated in paragraph (q)(2) of this section; (iii) Transport an alien only if the alien is in possession of a round trip ticket as defined in paragraph (q)(1)(iv) of this section bearing a confirmed departure date not exceeding forty-five days from the date of admission to Guam or the CNMI which the carrier will unconditionally honor when presented for return passage. The DHS will review credentialing organizations every 5 years to ensure continued compliance with the standards described in this section. [68 FR 43915, July 25, 2003, as amended at 69 FR 43731, July 22, 2004; 74 FR 26938, June 5, 2009; 76 FR 53788, Aug. 29, 2011; 76 FR 73477, Nov. 29, 2011; 85 FR 46923, Aug. 3, 2020]. (e) Receipt of benefits available to refugees. . To initiate the application for a waiver under Pub. Not-for-profit corporations which have difficulty meeting this requirement may provide in their applications evidence that the organization is independent, and free of material conflicts of interest regarding whether an alien receives a visa. When a charging document is served on the alien, the charging document will constitute written notice of termination of parole, unless otherwise specified. The following requirements will apply: (1) The group, organization, or team must provide to CBP upon crossing the border, on organizational letterhead: (i) The name of the group, organization or team, and the name of the supervising adult; (ii) A trip itinerary, including the stated purpose of the trip, the location of the destination, and the length of stay; (iii) A list of the children on the trip; (iv) For each child, the primary address, primary phone number, date of birth, place of birth, and name of a parent or legal guardian. (C) IELTS: 6.5 overall with a spoken band score of 7.0. A foreign medical graduate who fails to meet the terms and conditions imposed on the waiver under section 214(l) of the Act and this paragraph will once again become subject to the 2-year requirement under section 212(e) of the Act. (3) Assurances: Bonds. (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. section 205 NA, if their fathers met the requirements for transmitting U.S. In cases not covered by paragraph (e)(1) of this section, upon accomplishment of the purpose for which parole was authorized or when in the opinion of one of the officials listed in paragraph (a) of this section, neither humanitarian reasons nor public benefit warrants the continued presence of the alien in the United States, parole shall be terminated upon written notice to the alien and he or she shall be restored to the status that he or she had at the time of parole. however, that if one parent was an alien, the citizen parent must have resided Following completion of the interview and its deliberations, the Panel shall issue a written recommendation that the detainee be released on parole or remain in custody pending deportation or pending further observation and subsequent review. (3) Security and related grounds.-, In the USCIS handbook, it describes reasons for keeping out unwanted immigrants. Instructions shall include standards regarding English language requirements. 1401. If the organization revokes an individual's certificate, it must notify the DHS, via the Nebraska Service Center, and the appropriate state regulatory authority with jurisdiction over the individual's health care profession. This change in Although the waiver may remain valid, the non-biometric border crossing card portion of this document is not valid after that date. If the foreign country of the alien's nationality or last residence has furnished statement in writing that it has no objection to his/her being granted a waiver of the foreign residence requirement and the Director, United States Information Agency has made a favorable recommendation, the Director shall be notified of the decision and, if the foreign residence requirement is not waived, of the reasons therefor and of the foregoing right of appeal. All other inhabited lands shall be attributed to a quota area specified by the Secretary of State . A nonimmigrant seeking admission to the United States must present an unexpired visa and passport valid for the amount of time set forth in section 212(a)(7)(B)(i) of the Act, 8 U.S.C. Employment on passenger vessels of aliens afflicted with certain disabilities. (1) Discretionary authority. (c) In the case of all other arriving aliens, except those detained under 235.3(b) or (c) of this chapter and paragraph (b) of this section, those officials listed in paragraph (a) of this section may, after review of the individual case, parole into the United States temporarily in accordance with section 212(d)(5)(A) of the Act, any alien applicant for admission, under such terms and conditions, including those set forth in paragraph (d) of this section, as he or she may deem appropriate. (1) General. (4) Evidence that the geographic area or areas of intended employment indicated in the new H1B petition are in HHS-designated shortage areas. The DHS will evaluate organizations, including CGFNS, seeking to obtain approval from the DHS to issue certificates for health care workers, or certified statements for nurses. An alien physical therapist who has graduated from a program accredited by the Commission on Accreditation in Physical Therapy Education (CAPTE) of the American Physical Therapy Association (APTA) is exempt from the educational comparability review and English language proficiency testing. [60 FR 44265, Aug. 25, 1995, as amended at 76 FR 53787, Aug. 29, 2011]. 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. Annual admission of refugees and admission of emergency situation refugees. C, Public Law 104208, 110 Stat. served in the U.S. Armed Forces during World War II and were married to aliens WebThe Immigration and Nationality Act, referred to in subsec. (i) The organization shall not discriminate among applicants as to age, sex, race, religion, national origin, disability, or marital status and shall include a statement of nondiscrimination in announcements of the evaluation/examination procedures and renewal certification process. (viii) That the authorization is subject to revocation at any time. When a crewman who has a valid section 212(d)(3) authorization without any time limitation comes to the attention of the Service, his travel document shall be endorsed to show that the validity of his section 212(d)(3) authorization expires as of a date six months thereafter, and any previously-issued Form I184 shall be lifted and Form I95 shall be issued in its place and similarly endorsed. This data may be retained until Immigration Service Delivery can be sure that you will have no further contact with the immigration services. Extenuating circumstances may include, but are not limited to, closure of the health care facility or hardship to the alien. An alien may be considered for re-parole under this section if the alien demonstrates that a grant of parole will continue to provide a significant public benefit to the United States based on his or her role as an entrepreneur of a start-up entity. FORM 11 IRISH NATIONALITY AND CITIZENSHIP ACT (7) Medical Technicians (Clinical Laboratory Technicians), (d) Presentation of certificate or certified statements . An alien may be considered for parole under this section if the alien demonstrates that a grant of parole will provide a significant public benefit to the United States based on his or her role as an entrepreneur of a start-up entity. GENERAL CLASSES OF ALIENS INELIGIBLE TO RECEIVE VISAS AND EXCLUDED FROM ADMISSION SEC. is available with paragraph structure matching the official CFR However, an exchange visitor already participating in an exchange program of graduate medical education or training as of January 9, 1977 who was not then subject to the foreign residence requirement of section 212(e) and who proceeds or has proceeded abroad temporarily and is returning to the United States to participate in the same program, continues to be exempt from the foreign residence requirement. This law initiated other significant reforms such as a preference system that prioritized immigration by skilled workers and then family reunification. As under the 1924 quota system, spouses, minor children, and parents of adult U.S. citizens were considered nonquota immigrants. Women gained status as primary immigrants who could bring in spouses and minor children. The U.S. attorney general could admit refugees on a parole basis., Nonetheless, the law remained unacceptably discriminatory in the eyes of many and campaigns for reform continued. President Harry Truman vetoed the law in protest of its limited provisions for refugees, only to be overturned by Congress.. The personal data provided here will be stored securely in s Immigration Service Delivery databases and the Garda National Immigration Bureaus databases . The following sponsorships and placements are suitable: (1) Placement by the Public Health Service in an approved halfway house or mental health project; (2) Placement by the Community Relations Service in an approved halfway house or community project; and. (f) Requirements for issuance of health care certification. (2) An approved credentialing organization may issue a certified statement to an alien if each of the following requirements is satisfied: (i) The alien has a valid and unrestricted license as a nurse in a state where the alien intends to be employed and such state verifies that the foreign licenses of alien nurses are authentic and unencumbered; (ii) The alien has passed the National Council Licensure Examination for registered nurses (NCLEX-RN); (iii) The alien is a graduate of a nursing program in which the language of instruction was English; (iv) The nursing program was located in Australia, Canada (except Quebec), Ireland, New Zealand, South Africa, the United Kingdom, or the United States; or in any other country designated by unanimous agreement of CGFNS and any equivalent credentialing organizations which have been approved for the certification of nurses and which are listed at paragraph (e) of this section; and. 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 consular officer or other State Department official shall be notified of the decision on his recommendation. requirement in the absence of the necessary principal dwelling place. For this Entry through or from foreign territory and adjacent islands. (1) Visas shall be first made available, in a number not to exceed 20 per centum of the number specified in section 201(a) (ii), toqualified immigrants who are the unmarried sons or daughters of citizens of the United States. (iv) The alien's name, and date and place of birth. HHS will notify The Department of Homeland Security of additions or deletions to this list, and The Department of Homeland Security will publish such changes in the Federal Register. if the citizen parents had resided in the United States since birth.

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