Sec. 104. Promoting family unity
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Section 212(a)(9) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(9) ) is amended— in subparagraph (B)— in clause (iii)— in subclause (I), by striking 18 years of age and inserting 21 years of age ; by moving subclause
(V)4 ems to the right; and by adding at the end the following: Clause
(i)shall not apply to an alien for whom an immigrant visa is available or was available on or before the date of the enactment of the Reuniting Families Act , and is otherwise admissible to the United States for permanent residence. ; and in clause (v)— by striking spouse or son or daughter and inserting spouse, son, daughter, or parent ; by striking extreme ; by inserting , son, daughter, or after lawfully resident spouse ; and by striking alien. and inserting alien or, if the Secretary of Homeland Security determines that a waiver is necessary for humanitarian purposes, to ensure family unity or is otherwise in the public interest. ; and in subparagraph (C)— by amending clause
(ii)to read as follows: Clause
(i)shall not apply to an alien— seeking admission more than 10 years after the date of the alien’s last departure from the United States if, prior to the alien’s reembarkation at a place outside the United States or attempt to be readmitted from a foreign contiguous territory, the Secretary of Homeland Security has consented to the alien’s reapplication for admission; or for whom an immigrant visa is available or was available on or before the date of the enactment of the Reuniting Families Act . ; by redesignating clause
(iii)as clause (iv); and by inserting after clause
(ii)the following: For purposes of determining whether an alien has accumulated an aggregate period of more than 1 year of unlawful presence under clause (i), the same rules of unlawful presence construction under section 212(a)(9)(B)(ii) and the exceptions under section 212(a)(9)(B)(iii) shall apply. . The Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) is amended— by amending section 212(a)(6)(C)(ii) (8 U.S.C. 1182(a)(6)(C)(ii)) to read as follows: Any alien who willfully misrepresents, or has willfully misrepresented, himself or herself to be a citizen of the United States for any purpose or benefit under this Act (including section 274A) or any Federal or State law is inadmissible. In the case of an alien making a misrepresentation described in subclause (I), if the alien was under the age of 21 at the time of making such misrepresentation that he or she was a citizen, the alien shall not be considered to be inadmissible under any provision of this subsection based on such misrepresentation. ; in section 212(a)(6)(C)(iii) (8 U.S.C. 1182(a)(6)(C)(iii)), by striking of clause
(i); by amending subsection (i)(1) of section 212 ( 8 U.S.C. 1182(i)(1) ) to read as follows: The Attorney General or the Secretary of Homeland Security may, in the discretion of the Attorney General or the Secretary, waive the application of subsection (a)(6)(C) in the case of an immigrant who is the parent, spouse, son, or daughter of a United States citizen or of an alien lawfully admitted for permanent residence, or an alien granted classification under clause
(iii)or
(iv)of section 204(a)(1)(A), if it is established to the satisfaction of the Attorney General or the Secretary that the admission to the United States of such alien would not be contrary to the national welfare, safety, or security of the United States. ; and by amending section 237(a)(3)(D) (8 U.S.C. 1227(a)(3)(D)) to read as follows: Any alien who willfully misrepresents, or has willfully misrepresented, himself to be a citizen of the United States for any purpose or benefit under this Act (including section 274A) or any Federal or State law is deportable. In the case of an alien making a misrepresentation described in subclause (i), if the alien was under the age of 21 at the time of making such misrepresentation that he or she was a citizen, the alien shall not be considered to be deportable under any provision of this subsection based on such misrepresentation. .
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