Such foreign medical graduates and their accompanying H4 dependents also become subject to deportation under section 241(a)(1)(C)(i) of the Act. The certificate or certified statement must be valid at the time of visa issuance and admission at a port-of-entry. 828 (W.D. The authorized period of stay will be for 30 calendar days calculated from the initial admission under this visa. (28) Aliens who are, or at any time have been, members of any of the following classes: (A) Aliens who are anarchists; (B) Aliens who advocate or teach, or who are members of or affiliated with any organization that advocates or teaches, opposition to all organized government; (C) Aliens who are members of or affiliated with (i) the Communist Party of the United States, (ii) any other totalitarian party of the United States, (iii) the Communist Political Association, (iv) the Communist or any other totalitarian party of any State of the United States, of any foreign state, or of any political or geographical subdivision of any foreign state . (c) Long-term institutionalization at government expense means government assistance for long-term institutionalization (in the case of Medicaid, limited to institutional services under section 1905(a) of the Social Security Act) received by a beneficiary, including in a nursing facility or mental health institution. the United States or its outlying possessions for a period or periods totaling 6, 1997; 65 FR 80294, Dec. 21, 2000; 65 FR 82255, Dec. 28, 2000; 67 FR 39257, June 7, 2002; 68 FR 35152, June 12, 2003; 69 FR 69489, Nov. 29, 2004; 76 FR 53787, Aug. 29, 2011; 84 FR 44525, Aug. 23, 2019; 87 FR 18220, Mar. the Department holds that persons born during the life of the Nationality Act, USCIS may apply paragraph (g) of this section to individuals seeking T2, T3, T4, T5, or T6 nonimmigrant status upon request by the applicant. c. A child born between January 13, 1941 and December Upon a nonimmigrant's application on Form I193, or successor form, Application for Waiver of Passport and/or Visa, a district director may, in the exercise of its discretion, on a case-by-case basis, waive either or both of the documentary requirements of section 212(a)(7)(B)(i) if satisfied that the nonimmigrant cannot present the required documents because of an unforeseen emergency. 24, 1994; 65 FR 80294, Dec. 21, 2000]. 2193 (Nov. 19, 1997), as amended, 8 U.S.C. Office of Refugee Resettlement; establishment; appointment of Director; functions. (iii) Alternative criteria. This section in no way diminishes the discretionary authority of the Secretary enumerated in section 212(d) of the Act. 8 FAM 301.6-3(B) What The Commissioner may, in the exercise of discretion, grant parole to an alien (and the alien's family members) needed for law enforcement purposes provided that a state or federal LEA: (i) Establishes its intention to file, within 30 days after the alien's arrival in the United States, an application for S nonimmigrant status on the form designated for such purposes, with the Assistant Attorney General, Criminal Division, Department of Justice, in accordance with the instructions on or attached to the form, which will include the names of qualified family members for whom parole is sought; (ii) Specifies the particular operational reasons and basis for the request, and agrees to assume responsibility for the alien during the period of the alien's temporary stay in the United States, including maintaining control and supervision of the alien and the alien's whereabouts and activities, and further specifies any other terms and conditions specified by the Service during the period for which the parole is authorized; (iii) Agrees to advise the Service of the alien's failure to report quarterly any criminal conduct by the alien, or any other activity or behavior on the alien's part that may constitute a ground of excludability or deportability; (iv) Assumes responsibility for ensuring the alien's departure on the date of termination of the authorized parole (unless the alien has been admitted in S nonimmigrant classification pursuant to the terms of paragraph (a)(2) of this section), provides any and all assistance needed by the Service, if necessary, to ensure departure, and verifies departure in a manner acceptable to the Service; (v) Provide LEA seat-of-government certification that parole of the alien is essential to an investigation or prosecution, is in the national interest, and is requested pursuant to the terms and authority of section 212(d)(5) of the Act; (vi) Agrees that no promises may be, have been, or will be made by the LEA to the alien that the alien will or may: (A) Remain in the United States in parole status or any other nonimmigrant classification; (B) Adjust status to that of lawful permanent resident; or, (C) Otherwise attempt to remain beyond the authorized parole. . (D) The alien shall be in an outpatient, inpatient, study, or other specified status as determined by the responsible local physician or specialist during the initial evaluation. If you work for a Federal agency, use this drafting L. 103416 and in the subsequent H1B petition. (2) Criteria for Review. Citizens of the Republic of the Marshall Islands and the Federated States of Micronesia may enter into, lawfully engage in employment, and establish residence in the United States and its territories and possessions without regard to paragraphs (14), (20) and (26) of section 212(a) of the Act pursuant to the terms of Pub. If the alien has been convicted of an aggravated felony, he or she must remain outside of the United States for twenty consecutive years from the deportation date before he or she is eligible to re-enter the United States. L. 103416, an alien admitted to the United States as a nonimmigrant under section 101(a)(15)(J) of the Act, or who acquired status under section 101(a)(15)(J) of the Act after admission to the United States, to participate in an exchange program of graduate medical education or training (as of January 9, 1977), may apply for a waiver of the 2-year home country residence and physical presence requirement (the 2-year requirement) under section 212(e)(iii) of the Act based on a request by a State Department of Public Health, or its equivalent. Webunder sections 214(c) and 218 of the Immigration and Nationality Act [8 U.S.C. 301(a)(7) INA and was subject to the retention requirements of section 301(b) c. If both parents were U.S. citizens or if one was a L. 103416 may be affirmed, and the amended H1B petition may be approved, if the petitioning health care facility establishes that the foreign medical graduate otherwise remains eligible for H1B classification and that he or she will continue practicing medicine in an HHS-designated shortage area. from section 201(i) NA. If the application for waiver is denied, the application may be renewed in removal proceedings before an immigration judge as provided in 8 CFR part 1240. An alien nurse who has graduated from an entry level program accredited by the National League for Nursing Accreditation Commission (NLNAC) or the Commission on Collegiate Nursing Education (CCNE) is exempt from the educational comparability review and English language proficiency testing. 1101(a)(15)(L). Nationality and Naturalization. United States means United States as defined in section 215(c) of the Immigration and Nationality Act of 1952, as amended (8 U.S.C. 27, 2013; 85 FR 46923, Aug. 3, 2020]. 1381 et seq. (iii) Alternative criteria. The Nationality Act's requirements for acquiring (1) Any applicant for permission to reapply for admission under circumstances other than those described in paragraphs (b) through (f) of this section must apply on the form designated by USCIS with the fee prescribed in 8 CFR 106.2 and in accordance with the form instructions. after January 13, 1941, and legitimated before December 24, 1952, who did not See Immigration and Nationality Act (the Act) section 203(b)(2), 8 U.S.C. (A) Children Under Age 16. INA, as made applicable by section 309(a) INA, if their fathers were capable of (A) Amended H1B petitions. Additionally, parole of the spouse or child of the entrepreneur will be automatically terminated without notice if the parole of the entrepreneur has been terminated. The alien to whom the card or stamp was issued by the DOS shall be notified of the action taken and the reasons for such action by means of Form I275, Withdrawal of Application for Admission/Consular Notification, delivered in person or by mailing the Form I275 to the last known address. toward the satisfaction of the residence requirement for transmission of (C) Nothing within this paragraph (f) constitutes a waiver of inadmissibility under section 209 of the Act or 8 CFR part 209. (i) Conditions on parole. Section 440(d) of Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) shall not apply to any applicant for relief under this section whose deportation proceedings were commenced before the Immigration Court before April 24, 1996. Pursuant to the authority in section 212(d)(3)(A)(i) of the Act, any alien who is inadmissible under section 212(a)(1)(A)(i) of the Act due to infection with the etiologic agent for acquired immune deficiency syndrome (HIV infection) may be issued a B1 (business visitor) or B2 (visitor for pleasure) nonimmigrant visa by a consular officer or the Secretary of State, and be authorized for temporary admission into the United States for a period not to exceed 30 days, subject to authorization of an additional period or periods under paragraph (f)(5) of this section, provided that the authorization is granted in accordance with paragraphs (f)(2) through (f)(7) of this section. Ferry means any vessel operating on a pre-determined fixed schedule and route, which is being used solely to provide transportation between places that are no more than 300 miles apart and which is being used to transport passengers, vehicles, and/or railroad cars. (ii) Denial of an application for a provisional unlawful presence waiver is not a final agency action for purposes of section 10(c) of the Administrative Procedure Act, 5 U.S.C. 1641(c), under section 212(a)(4)(E)(iii) of the Act; (22) Applicants adjusting status who qualify for a benefit under section 1703 of the National Defense Authorization Act, Public Law 108136, 117 Stat. a. Gen. 162), and that acquisition of U.S. citizenship depends on the Instructions shall include standards regarding English language requirements. 0000050595 00000 n An alien may be considered for parole under this section if the alien demonstrates that a grant of parole will provide a significant public benefit to the United States based on his or her role as an entrepreneur of a start-up entity. Such changes include, but are not limited to, the following: Any criminal charge, conviction, plea of no contest, or other judicial determination in a criminal case concerning the entrepreneur or start-up entity; any complaint, settlement, judgment, or other judicial or administrative determination concerning the entrepreneur or start-up entity in a legal or administrative proceeding brought by a government entity; any settlement, judgment, or other legal determination concerning the entrepreneur or start-up entity in a legal proceeding brought by a private individual or organization other than proceedings primarily involving claims for damages not exceeding 10 percent of the current assets of the entrepreneur or start-up entity; a sale or other disposition of all or substantially all of the start-up entity's assets; the liquidation, dissolution or cessation of operations of the start-up entity; the voluntary or involuntary filing of a bankruptcy petition by or against the start-up entity; a significant change with respect to ownership and control of the start-up entity; and a cessation of the entrepreneur's qualifying ownership interest in the start-up entity or the entrepreneur's central and active role in the operations of that entity. citizen or national. (f) Requirements for issuance of health care certification. Choosing an item from 0000075781 00000 n (1) Received at least $528,293 in qualifying investments, qualified government grants or awards, or a combination of such funding, during the initial parole period; (2) Created at least 5 qualified jobs with the start-up entity during the initial parole period; or. Establishment of central file; information from other departments and agencies. Under no circumstances will the alien or any party acting on his or her behalf have a right to appeal from a decision to revoke a waiver. WebThe Immigration and Nationality Act of 1952 (The McCarran-Walter Act) Milestones: 19451952 NOTE TO READERS Milestones in the History of U.S. Foreign Relations has been retired and is no longer maintained. The Immigration and Nationality Act of 1952 (The McCarran-Walter Act) Adjustment of status of nonimmigrant to that of person admitted for permanent residence. (iv) The organization shall establish performance outcome measures that track the ability of the certificate holders to pass United States licensure or certification examinations. 0000002910 00000 n This content is from the eCFR and is authoritative but unofficial. (e) Inadmissibility under section 212(a)(1)(A)(iii). [67 FR 71448, Dec. 2, 2002, as amended at 78 FR 18472, Mar. Parole may be revoked in the exercise of discretion when, in the opinion of the revoking official: (1) The purposes of parole have been served; (2) The Mariel Cuban violates any condition of parole; (3) It is appropriate to enforce an order of exclusion or to commence proceedings against a Mariel Cuban; or. 1153(b)(2). 0000050505 00000 n (ii) General criteria. The DHS shall accord HHS' opinion great weight in determining whether the authorization should be terminated. effect on January 13, 1941. It also: (1) Repealed section 1993, revised statutes; and. An alien who satisfies the criteria in paragraph (c)(2)(ii)(A) of this section and partially meets one or more of the criteria in paragraph (c)(2)(ii)(B) of this section may alternatively meet the standard described in paragraph (c)(2)(i) of this section by providing other reliable and compelling evidence of the start-up entity's substantial potential for rapid growth and job creation. (i) The credentialing organization shall have 30 days from the date of the Notice of Intent to Terminate authorization to rebut the allegations, or to cure the noncompliance identified in the DHS's notice of intent to terminate. Op. Except as provided in paragraph (n) of this section, if 8 CFR 212.1 requires an alien who is described in paragraph (a) of this section and who is applying for admission as a nonimmigrant seeking to perform labor in a health care occupation as described in this section to obtain a nonimmigrant visa, the alien must present a certificate or certified statement to a consular officer at the time of visa issuance and to the Department of Homeland Security (DHS) at the time of admission. Books The Immigration And Nationality Act Of 1965 (PDF (Added by the Act of December 7, 1941, and before December 31, 1946, to transmit citizenship to L. 103416 based on a request by a State Department of Public Health (or equivalent), and changes his or her nonimmigrant classification from J1 to H1B, may not apply for permanent residence or for any other change of nonimmigrant classification unless he or she has fulfilled the 3-year employment contract with the health care facility and in the specified HHS-designated shortage area named in the waiver application. SEC. [47 FR 30045, July 9, 1982, as amended at 47 FR 46494, Oct. 19, 1982; 52 FR 16194, May 1, 1987; 52 FR 48802, Dec. 28, 1987; 53 FR 17450, May 17, 1988; 61 FR 36611, July 12, 1996; 62 FR 10348, Mar. (a) Application for Form DSP150, B1/B2 Visa and Border Crossing Card, issued by the Department of State. On its own motion, USCIS may reopen or reconsider a decision to deny the Application for Entrepreneur Parole (Form I941), in accordance with 8 CFR 103.5(a)(5). A passport is also required. 8 FAM 301.6 NATIONALITY ACT OF 1940 - United States (d) Failure to comply with procedures. for Children of Veterans. A visa is generally not required for Citizens of the British Overseas Territory of Bermuda, except those Bermudians that fall under nonimmigrant visa categories E, K, S, or V as provided in paragraphs (h), (l), and (m) of this section and 22 CFR 41.2. Unless the Assistant Attorney General, Criminal Division, objects within 7 days, he or she shall be deemed to have concurred in the decision. 163, enacted June 27, 1952), also known as the McCarranWalter Act, codified under Title 8 of the United (iii) SENTRI Program. (iii) The organization shall conduct ongoing studies to substantiate the reliability and validity of the evaluation/examination mechanisms. endstream endobj startxref (2) Application for admission by a national of MexicoForm DSP150 issued by the DOS; DOS-issued combination B1/B2 visa and border crossing card (or similar stamp in a passport). (3) Placement with a close relative such as a parent, spouse, child, or sibling who is a lawful permanent resident or a citizen of the United States. (1) General. However, an exchange visitor already participating in an exchange program of graduate medical education or training as of January 9, 1977 who was not then subject to the foreign residence requirement of section 212(e) and who proceeds or has proceeded abroad temporarily and is returning to the United States to participate in the same program, continues to be exempt from the foreign residence requirement. If USCIS finds that the alien is not eligible for a provisional unlawful presence waiver, or if USCIS determines in its discretion that a waiver is not warranted, USCIS will deny the waiver application. 1255 note; (8) Haitians applying for adjustment of status under section 902 of the Haitian Refugee Immigration Fairness Act of 1998, Public Law 105277, 112 Stat. The Cuban Review Plan Director, in his discretion, may schedule a review of a detainee at any time when the Director deems such a review to be warranted. In the case of a Mariel Cuban who is in the custody of the Service, the Cuban Review Plan Director may, in his or her discretion, suspend or postpone the parole review process if such detainee's prompt deportation is practicable and proper.