Sec. 310. Prevention and deterrence of fraud in obtaining relief from removal
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Section 212(h) of the Immigration and Nationality Act ( 8 U.S.C. 1182(h) ) is amended— in paragraph (1)— in subparagraph (A), by redesignating clauses (i), (ii), and
(iii)as subclauses (I), (II), and (III); and by redesignating subparagraphs (A), (B), and
(C)as clauses (i), (ii), and (iii); by redesignating paragraphs
(1)and
(2)as subparagraphs
(A)and (B); by striking The Attorney General may, in his discretion and inserting
(1)The Secretary of Homeland Security may, in the Secretary’s discretion ; and in the undesignated matter following paragraph (1)(B), as redesignated, by striking No waiver and inserting the following: No waiver shall be available under this subsection if a preponderance of the evidence shows that the spouse, parent, son, or daughter procured, or sought to procure, any immigration status under this title based on fraud or material misrepresentation by the alien seeking the waiver. No waiver . Section 212(i)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1182(i)(1) ) is amended by adding at the end the following: No waiver shall be available under this subsection if a preponderance of the evidence shows that the spouse, parent, son, or daughter procured, or sought to procure, any immigration status under this title based on fraud or material misrepresentation by the alien seeking the waiver. . Section 237(a)(1)(H) of the Immigration and Nationality Act ( 8 U.S.C. 1227(a)(1)(H) ) is amended— in clause (i), by redesignating subclauses
(I)and
(II)as items
(aa)and (bb); by redesignating clauses
(i)and
(ii)as subclauses
(I)and (II); by inserting
(i)before The provisions ; and by striking A waiver and inserting the following: No waiver shall be available under this subparagraph if a preponderance of the evidence shows that the spouse, parent, son, or daughter procured, or sought to procure, any immigration status under this title based on fraud or material misrepresentation by the alien seeking the waiver. A waiver . Section 240A(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1229b(b)(1) ) is amended— in paragraph (1), by redesignating subparagraphs
(A)through
(D)as clauses
(i)through (iv), respectively; by inserting
(A)before The Attorney General ; and by adding at the end the following: No cancellation shall be available under this paragraph if a preponderance of the evidence shows that the spouse, parent, son, or daughter procured, or sought to procure, any immigration status under this title based on fraud or material misrepresentation by the alien seeking the waiver. . The amendments made by this section shall apply to all applications for waivers or cancellation of removal submitted before, on, or after the date of enactment of this Act.
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Sec. 310
Prevention and deterrence of fraud in obtaining relief from removal
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