Sec. 4. Waivers of inadmissibility
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/bill/113/hr/3431/ih/section-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 212(a)(9)(B)(iii) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(9)(B)(iii) ) is amended by adding at the end the following: Clause
(i)shall not apply to an alien who is the beneficiary of an approved petition under 101(a)(15)(H) and who has earned a baccalaureate or higher degree from a United States institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) )), and had not yet reached the age of 16 years at the time of initial entry to the United States. . Section 212(a)(9)(B)(v) of the Immigration and Nationality Act ( 8 U.S.C. 1181(a)(9)(B)(v) ) is amended— by striking spouse or son or daughter and inserting spouse, son, daughter, or parent ; by striking extreme ; and by inserting , child, after lawfully resident spouse . Section 212(a)(9)(C)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(9)(C)(i) ) is amended by adding , other than an alien described in clause
(iii)or
(iv)of subparagraph (B), after Any alien . Section 212(a)(6)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(6)(C) ) is amended to read as follows: Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or within the last 3 years has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible. Subject to subclause (II), any alien who knowingly misrepresents himself or herself to be a citizen of the United States for any purpose or benefit under this chapter (including section 274A) or any other Federal or State law is inadmissible. An alien shall not be inadmissible under this clause if the misrepresentation described in subclause
(I)was made by the alien when the alien— was under 18 years of age; or otherwise lacked the mental competence to knowingly misrepresent a claim of United States citizenship. The Attorney General or the Secretary of Homeland Security may, in the discretion of the Attorney General or the Secretary, waive the application of clause
(i)or (ii)(I) for an alien, regardless whether the alien is within or outside the United States, if the Attorney General or the Secretary find that a determination of inadmissibility to the United States for such alien would— result in hardship to the alien or to the alien’s parent, spouse, son, or daughter who is a citizen of the United States or an alien lawfully admitted for permanent residence; or in the case of a VAWA self-petitioner, result in hardship to the alien or a parent or child of the alien who is a citizen of the United States, an alien lawfully admitted for permanent residence, or a qualified alien (as defined in section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1641(b) )). For purposes of this clause, family separation in and of itself shall be deemed to be a hardship. No court shall have jurisdiction to review a decision or action of the Attorney General or the Secretary regarding a waiver under clause (iii). . Section 212 of the Immigration and Nationality Act ( 8 U.S.C. 1182 ) is amended by striking subsection (i). Section 237(a)(3)(D) of the Immigration and Nationality Act ( 8 U.S.C. 1227(a)(3)(D) ) is amended to read as follows: Any alien described in section 212(a)(6)(C)(ii) is deportable. . Section 101(a)(48) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(48) ) is amended by striking subparagraphs
(A)and
(B)and inserting the following: The term conviction means, with respect to an alien, a final, formal judgment of guilt entered by a court. Where a State or Federal court enters an adjudication or judgment of guilt that has been withheld, deferred, expunged, annulled, invalidated or vacated, or enters an order of probation without entry of judgment, or any similar disposition under State or Federal law such judgment or adjudication shall not be considered a conviction for purposes of this Act. Any pardon entered by a State or Federal authority shall render the prior conviction null and void for all purposes under this Act. Any reference to a term of imprisonment or a sentence with respect to an offense is deemed to include only the actual period of incarceration or confinement ordered by a court of law. The suspension of the imposition or execution of that imprisonment or sentence in whole or in part shall not be included as a part of the sentence for purposes of this Act. . The amendments made by subsection
(a)shall take effect on the date of the enactment of this Act and shall apply to convictions and sentences entered before, on, or after the date of the enactment of this Act.
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Sec. 4
Waivers of inadmissibility
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