Sec. 3104. 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 noncitizen who has been ordered removed under section 235(b)(1) or at the end of proceedings under section 240 initiated upon the noncitizen'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 a noncitizen convicted of an aggravated felony) is inadmissible. Any noncitizen not described in subparagraph
(A)who seeks admission within 10 years of the date of such noncitizen’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 a noncitizen convicted of an aggravated felony) is inadmissible if the noncitizen— 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 a noncitizen seeking admission within a period if, prior to the date of the noncitizen’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 noncitizen’s reapplying for admission. . The Immigration and Nationality Act ( 8 U.S.C. 1101 et seq.) is amended— in section 212(a)(6)(C) ( 8 U.S.C. 1182(a)(6)(C) ), by amending clause
(ii)to read as follows: Any noncitizen 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 a noncitizen who was under the age of 21 years at the time of making a misrepresentation described in subclause (I), the noncitizen shall not be considered to be inadmissible under any provision of this subsection based on such misrepresentation. ; and in section 237(a)(3) ( 8 U.S.C. 1227(a)(3) ), by amending subparagraph
(D)to read as follows: Any noncitizen 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 deportable. In the case of a noncitizen who was under the age of 21 years at the time of making a misrepresentation described in clause (i), the noncitizen shall not be considered to be deportable under any provision of this subsection based on such misrepresentation. .
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