immigration and nationality act pdf

A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. (3) Consideration of current and/or past receipt of public benefits: DHS will consider the alien's current and/or past receipt of public cash assistance for income maintenance or long-term institutionalization at government expense (consistent with 212.21(c)). If the Director of USIA issues a favorable waiver recommendation under Pub. (B) Any alien admitted under this paragraph (f) who applies for adjustment of status under section 209 of the Act after being granted asylum must establish his or her eligibility to adjust status under all applicable provisions of the Act and 8 CFR part 209. v. Bell, 478 F. Supp. WebImmigration and. Notwithstanding any of the provisions of this part, an alien seeking admission as a spouse, fiance, fianc, or child of a U.S. citizen, or as a child of the spouse, fian, or finace of a U.S. citizen, pursuant to section 101(a)(15)(K) of the Act shall be in possession of an unexpired nonimmigrant visa issued by an American consular officer classifying the alien under that section, or be inadmissible under section 212(a)(7)(B) of the Act. (ii) A Canadian resident who presents a combination B1/B2 visa and border crossing card (or similar stamp in a passport) issued by the DOS prior to April 1, 1998, that does not contain a machine-readable biometric identifier, may be admitted on the basis of the nonimmigrant visa only, provided it has not expired and the alien remains otherwise admissible. uZ a6 )tKTLCji@ NAZQlaGYaIAIO!Gw,2GKF!d[c e5162d S`9Mgly3E.b;r+P\ (B) Establishing that the alien's entity has: (1) Received, within 18 months immediately preceding the filing of an application for initial parole, a qualified investment amount of at least $264,147 from one or more qualified investors; or. (f) Applicant for admission at port of entry. (2) Aliens not requiring a nonimmigrant visa. L. 103416 and the Service denies the waiver, the alien shall be notified of the decision and of the right to appeal under 8 CFR part 103. The review process will commence with a scheduling of a file review, which will ordinarily be expected to occur within approximately three months after parole is revoked. 5. If granted, such a waiver shall be subject to the terms and conditions imposed under section 214(l) of the Act (as redesignated by section 671(a)(3)(A) of Pub. (b) Inapplicability of the ground of inadmissibility. (7) Conditional entries shall next be made available by the Attorney General, pursuant to such regulations as he may prescribe and in a number not to exceed 6 per centum of the number specified in section 201(a) (ii), to aliens who satisfy an Immigration and Naturalization Service officer at an examination in any non-Communist or non-Communist-dominated country, (A) that (i) because of persecution or fear of persecution on account of race, religion, or political opinion they have fled (I) from any Communist or Communist-dominated country or area, or (II) from any country within the general area of the Middle East, and (ii) are unable or unwilling to return to such country or area on account of race, religion, or political opinion, and (iii) are not nationals of the countries or areas in which their application for conditional entry is made; or (B) that they are persons uprooted by catastrophic natural calamity as defined by the President who are unable to return to their usual place of abode. [52 FR 48802, Dec. 28, 1987, as amended at 59 FR 13870, Mar. (1) Review Panels. The full text is long. statutes (R.S. If presented on or after that date, these documents will be voided at the POE. U.S. military service counted as residence in the United States. A child of a Violation of any condition of parole may lead to termination of the parole in accordance with paragraph (k) of this section or denial of re-parole. law in force at the time of the applicant's birth. (4) Visas shall next be made available, in a number not to exceed 10 per centum of the number specified in section 201(a) (ii), plus any visas not required for the classes specified in paragraphs (1) through (3), to qualified immigrants who are the married sons or the married daughters of citizens of the United States. While CGFNS has been specifically listed in the statute as an entity authorized to issue certificates, it is not exempt from governmental oversight. An applicant for adjustment of status under section 245 of the Act and part 245 of this chapter must request permission to reapply for entry in conjunction with his or her application for adjustment of status. DHS will consider such receipt in the totality of the circumstances, along with the other factors. . Upon termination of parole, any such alien shall be regarded as an arriving alien, and processed accordingly by the Department of Homeland Security. Lists of alien and citizen passengers arriving and departing. (1) Eligibility for Program. All organizations will be reviewed, including CGFNS, to guarantee that they continue to meet the standards required of all certifying organizations, under the following: (i) The organization shall be incorporated as a legal entity. DHS will favorably consider an Affidavit of Support Under Section 213A of the INA, when required under section 212(a)(4)(C) or (D) of the Act, that meets the requirements of section 213A of the Act and 8 CFR part 213a, in making a public charge inadmissibility determination. 8 FAM 301.6-5(C) Birth to A Canadian citizen who is traveling as a participant in the SENTRI program, and who is not otherwise required to present a passport and visa as provided in paragraphs (h), (l), and (m) of this section and 22 CFR 41.2, may present a valid unexpired SENTRI card at a land or sea port-of-entry prior to entering the United States from contiguous territory or adjacent islands. WebIrish Nationality and Citizenship Act 1956, as amended (Part III) Naturalisation. Web4. ; (2) Cash assistance for income maintenance under the Temporary Assistance for Needy Families (TANF) program, 42 U.S.C. (vi) The justification for exercising the authority contained in section 212(d)(3) of the Act. See Immigration and Nationality Act (the Act) section 203(b )(2), 8 U.S.C. 11, 2009), as amended, 8 U.S.C. Certificate of nationality issued by Secretary of State for person not a naturalized citizen of United States for use in proceedings of a foreign state. (C) Nonrefundable except in the country in which issued or in the country of the alien's nationality or residence, (D) Issued by a carrier which has entered into an agreement described in part (5)(i) of this section, and, (E) Which the carrier will unconditionally honor when presented for return passage; and. Except as provided in paragraph (c)(2) of this section, each authorization under section 212(d)(3)(A) or (B) of the Act shall specify: (i) Each section of law under which the alien is inadmissible; (ii) The intended date of each arrival, unless the applicant is a bona fide crewman. A Canadian citizen who is traveling as a participant in the FAST program, and who is not otherwise required to present a passport and visa as provided in paragraphs (h), (l), and (m) of this section and 22 CFR 41.2, may present a valid unexpired FAST card at a land or sea port-of-entry prior to entering the United States from contiguous territory or adjacent islands. All Right Reserved. . He or she shall also be advised of the availability of free legal services provided by organizations and attorneys qualified under 8 CFR part 3, and organizations recognized under 292.2 of this chapter located in the district where the removal hearing is to be held. This web site is designed for the current versions of (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. 8 FAM 301.6-6 Proof of Claim to (j) Application process for credentialing organizations . (3) The following English testing services have been approved by the Secretary of HHS: (ii) Test of English in International Communication (TOEIC) Service International. An organization seeking authorization to issue certificates or certified statements must agree to submit all evidence required by the DHS and, upon request, allow the DHS to review the organization's records related to the certification process. date of birth and confers the full status and rights of a legitimate child (32 but legitimated after its repeal, can be considered to have acquired U.S. (ii) The organization shall also evaluate the licensing and credentialing system(s) of each country or licensing jurisdiction to determine which systems are equivalent to that of the majority of the licensing jurisdictions in the United States. Nationals and citizens of United States An alien applying for a provisional unlawful presence waiver must file with USCIS the form designated by USCIS, with the fees prescribed in 8 CFR 106.2, and in accordance with the form instructions. Until July 26, 2004 (or until July 26, 2005, in the case of a citizen of Canada or Mexico, who, before September 23, 2003, was employed as a TN or TC nonimmigrant health care worker and held a valid license from a U.S. jurisdiction), the temporary admission, extension of stay, or change of status of an alien described in 8 CFR part 212(d)(1) or (d)(2) of this section that is provided for under this paragraph (n) is subject to the following conditions: (i) The admission, extension of stay, or change of status may not be for a period longer than 1 year from the date of the decision, even if the relevant provision of 8 CFR 214.2 would ordinarily permit the alien's admission for a longer period; (ii) The alien must obtain the certification required by paragraph (a) of this section within 1 year of the date of decision to admit the alien or to extend the alien's stay or change the alien's status; and. An alien may be eligible to apply for and receive a waiver if he or she: (i) Is present in the United States at the time of filing the application for a provisional unlawful presence waiver; (ii) Provides biometrics to USCIS at a location in the United States designated by USCIS; (iii) Upon departure, would be inadmissible only under section 212(a)(9)(B)(i) of the Act at the time of the immigrant visa interview; (iv) Has a case pending with the Department of State, based on: (A) An approved immigrant visa petition, for which the Department of State immigrant visa processing fee has been paid; or. (5) Revocation of certificate or certified statement. Subscribe to: Changes in Title 8 :: Chapter I :: Subchapter B :: Part 212. the place of residence. (i) USCIS will, forward a copy of the application and supporting documents to the Secretary of HHS in order to obtain an opinion on the merits of the application. The organization may not reissue a certificate to an individual whose certificate has been revoked.

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