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 to read as follows: Any alien who has been ordered removed under section 235(b)(1) or at the end of proceedings under section 240 initiated upon the alien's arrival in the United States and who again seeks admission within 5 years of the date of such removal (or within 20 years in the case of a second or subsequent removal or at any time in the case of an alien convicted of an aggravated felony) is inadmissible.
Any alien not described in subparagraph (A), and who seeks admission within 10 years of the date of such alien's departure or removal (or within 20 years of such date in the case of a second or subsequent removal or at any time in the case of an alien convicted of an aggravated felony), is inadmissible if the alien— has been ordered removed under section 240 or any other provision of law; or departed the United States while an order of removal was outstanding. Subparagraphs
(A)and
(B)shall not apply to an alien seeking admission within a period if, prior to the date of the alien's reembarkation at a place outside the United States or attempt to be admitted from foreign contiguous territory, the Secretary of Homeland Security has consented to the alien's reapplying for admission. . 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, permanent partner, 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. . Section 212 of the Immigration and Nationality Act ( 8 U.S.C. 1182 ) is amended by inserting after subsection
(b)the following: Notwithstanding any other provision of law, the Secretary of Homeland Security or the Attorney General may waive the operation of any one or more grounds of inadmissibility set forth in this section for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest. This waiver shall be available to individuals eligible for relief under subsection (h). . Section 237 of the Immigration and Nationality Act ( 8 U.S.C. 1227 ) is amended by adding at the end the following: Notwithstanding any other provision of law, the Secretary of Homeland Security or the Attorney General may waive the operation of any one or more grounds of removal set forth in this section for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest. .
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