Sec. 302. Deterring visa overstays
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Section 214 of the Immigration and Nationality Act ( 8 U.S.C. 1184 ) is amended by striking the section heading and all that follows through subsection (a)(1) and inserting the following: Subject to subparagraphs
(B)and (C), the admission to the United States of any alien as a nonimmigrant may be for such time and under such conditions as the Secretary of Homeland Security may by regulations prescribe, including when the Secretary deems necessary the giving of a bond with sufficient surety in such sum and containing such conditions as the Secretary shall prescribe, to insure that at the expiration of such time or upon failure to maintain the status under which the alien was admitted, or to maintain any status subsequently acquired under section 248, such alien will depart from the United States. No alien admitted to Guam or the Commonwealth of the Northern Mariana Islands without a visa pursuant to section 212(l) may be authorized to enter or stay in the United States other than in Guam or the Commonwealth of the Northern Mariana Islands or to remain in Guam or the Commonwealth of the Northern Mariana Islands for a period exceeding 45 days from the date of admission to Guam or the Commonwealth of the Northern Mariana Islands. No alien admitted to the United States without a visa pursuant to section 217 may be authorized to remain in the United States as a nonimmigrant visitor for a period exceeding 90 days from the date of admission. Subject to clause (ii), except for an alien admitted as a nonimmigrant under subparagraph
(A)or
(G)of section 101(a)(15) or a NATO nonimmigrant, any alien who remains in the United States beyond the period of stay authorized by the Secretary of Homeland Security, without good cause as determined by the Secretary of Homeland Security, in the Secretary's discretion, is ineligible for all immigration benefits or relief available under the immigration laws, other than a request for asylum, withholding of removal under section 241(b)(3), or relief from removal based on a claim under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York, December 10, 1984. The Secretary may, in the Secretary's sole and unreviewable discretion, find that a nonimmigrant is not subject to clause
(i)if— the alien was lawfully admitted to the United States as a nonimmigrant; the alien filed a nonfrivolous application for change of status to another nonimmigrant category or extension of stay before the date of expiration of the alien's authorized period of stay as a nonimmigrant; the alien has not been employed without authorization in the United States, before, or during pendency of the application; the alien has not otherwise violated the terms of the alien's nonimmigrant status; and the Secretary of Homeland Security, in the Secretary's sole and unreviewable discretion, determines that the alien is not a threat to national security or public safety. In clause (i), the term good cause means exigent humanitarian circumstances, such as medical emergencies or force majeure. . Section 221(a) of the Immigration and Nationality Act ( 8 U.S.C. 1201(a) ) is amended by adding at the end the following: The Secretary of State shall ensure that every application for a nonimmigrant visa includes a statement, to be executed under penalty of perjury, notifying the alien who is seeking a nonimmigrant visa of the bars to immigration relief and to contesting removal under section 214(a)(1)(D) if the alien fails to depart the United States at the end of the alien’s authorized period of stay. . Section 217(b) of the Immigration and Nationality Act ( 8 U.S.C. 1187(b) ) is amended to read as follows: An alien may not be provided a waiver under the program unless the alien has— signed, under penalty of perjury, an acknowledgement confirming that the alien was notified and understands that he or she will be ineligible for any form of relief or immigration benefit under the Act or any other immigration laws, other than a request for asylum, withholding of removal under section 241(b)(3), or relief from removal based on a claim under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York, December 10, 1984, if the alien fails to depart the United States at the end of the 90-day period for admission; waived any right to review or appeal under this Act of an immigration officer’s determination as to the a admissibility of the alien at the port of entry into the United States, and waived any right to contest, other than on the basis of an application for asylum, any action for removal of the alien. .
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