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. A decision to retain in custody shall briefly set forth the reasons for the continued detention. The Immigration and Nationality Act of 1952 (The McCarran-Walter Act) For purposes of this section, an alien may be considered to possess a substantial ownership interest if he or she possesses at least a 10 percent ownership interest in the start-up entity at the time of adjudication of the initial grant of parole and possesses at least a 5 percent ownership interest in the start-up entity at the time of adjudication of a subsequent period of re-parole. will bring you directly to the content. after its repeal, the section of law most beneficial to the applicant should be An alien coming to the United States to perform labor as a registered nurse (other than a nurse presenting a certified statement under section 212(r) of the Act) or to perform labor in another health care occupation requiring a baccalaureate degree (other than occupational or physical therapy) must obtain one of the following combinations of scores to obtain a certificate: (A) ETS: TOEFL: Paper-Based 540, Computer-Based 207; TWE: 4.0; TSE: 50; (B) TOEIC Service International: TOEIC: 725; plus TWE: 4.0 and TSE: 50; or. Conditional permanent resident status for certain alien spouses and sons and daughters. 0000002910 00000 n 1, Amendments to the Immigration Laws (1965), United States. A majority of unauthorized immigrants are from poorer countries in the Americas seeking greater opportunity in the wealthier United States. Spouses, minor children, and parents remained nonquota immigrants. NOTE: On December 29, Office of the Historian (e) Receipt of benefits available to refugees. reason, citizens who, as minors, lived abroad while their parents resided in The notice shall reference the specific conviction that is the basis of the automatic termination. All recommendations by a two-member Panel shall be unanimous. Except as provided in paragraph (n) of this section, an alien described in paragraph (a) of this section who, pursuant to 8 CFR 212.1, is not required to obtain a nonimmigrant visa to apply for admission to the United States must present a certificate or certified statement as provided in this section to an immigration officer at the time of initial application for admission to the United States to perform labor in a particular health care occupation. Powers of immigration officers and employees. Princeton, NJ: Princeton University Press. (4) Speech language pathologists and audiologists. The purpose of the process is to ensure that certificate holders pass United States licensure or certification examinations at the same pass rate as graduates of United States programs. L. 103416 based on a request by a State Department of Public Health (or its equivalent) if: (A) They were admitted to the United States under section 101(a)(15)(J) of the Act, or acquired J nonimmigrant status before June 1, 2002, to pursue graduate medical education or training in the United States. Aliens receiving waivers under section 220 of Pub. (v) The organization shall report examination results to applicants in a uniform and timely fashion. citations and headings The Assistant Attorney General, Criminal Division, shall concur in or object to the decision. (4) Application at U.S. port. result, it may not include the most recent changes applied to the CFR. The DHS shall accord HHS' opinion great weight in determining whether the authorization should be terminated. If the alien is outside the United States at the time that USCIS approves the request for re-parole, the alien must appear at a port of entry to be granted parole, in lieu of admission. Except as provided in paragraph (e)(4) of this section, an alien may be eligible to apply for and receive a provisional unlawful presence waiver for the grounds of inadmissibility under section 212(a)(9)(B)(i)(I) or (II) of the Act if he or she meets the requirements in this paragraph. Information regarding the passage rates of certificate holders shall be maintained by the organization and provided to HHS on an annual basis, to the DHS as part of the 5-year reauthorization application, and at any other time upon request by HHS or the DHS. U.S. Citizenship Non-Precedent Decision of the and (2) Additional delegation of authority. Inspection by immigration officers; expedited removal of inadmissible arriving aliens; referral for hearing. USCIS may apply paragraph (g) of this section to individuals seeking T2, T3, T4, T5, or T6 nonimmigrant status upon request by the applicant. Web4. L. 82414, 66 Stat. Investment and revenue amounts adjusted under this paragraph will apply to all applications filed on or after the beginning of the fiscal year for which the adjustment is made. (a) Filing the waiver application. (4) Qualified investment means an investment made in good faith, and that is not an attempt to circumvent any limitations imposed on investments under this section, of lawfully derived capital in a start-up entity that is a purchase from such entity of its equity, convertible debt, or other security convertible into its equity commonly used in financing transactions within such entity's industry. 24, 2000; 74 FR 26937, June 5, 2009; 76 FR 53787, Aug. 29, 2011; 85 FR 46922, Aug. 3, 2020]. (2) An alien who is an applicant for parole authorization under 8 CFR 245.15(t)(2) or 8 CFR 245.13(k)(2) and requires consent to reapply for admission after deportation, removal, or departure at Government expense, or a waiver under section 212(g), 212(h), or 212(i) of the Act, must file the requisite waiver form concurrently with the parole request. In the event the Commissioner, or in the appropriate case, a district director, decides to terminate the parole of an alien witness or informant authorized under the terms of this paragraph, the Assistant Attorney General, Criminal Division, and the relevant LEA shall be notified in writing to that effect. (2) The consular officer must forward the application to the designated USCIS office. Forms I185, I186, and I586 are invalid on or after October 1, 2002. established during minority, by legitimation, or adjudication of a competent 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. (B) Groups of Children Under Age 19. L. 103416 based on a request by a State Department of Public Health (or equivalent). under the age of twenty-one years by legitimation. from section 201(i) NA. Chapter 3 - U.S. Citizens at Birth (INA 301 and 309) For the purposes of 212.20 through 212.23, the following definitions apply: (a) Likely at any time to become a public charge means likely at any time to become primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance or long-term institutionalization at government expense. Only the Service, however, may grant or deny the waiver application. (C) Nothing within this paragraph (f) constitutes a waiver of inadmissibility under section 209 of the Act or 8 CFR part 209. (1) Filing of re-parole request form. The certifying organizations shall not accept the results of the TOEIC, or the IELTS for the occupation of occupational therapy or physical therapy. In any other case, approval of an immigrant waiver of inadmissibility under this section applies only to the grounds of inadmissibility, and the related crimes, events, or incidents that are specified in the application for waiver. (b) Limited Exemption. thirteen and twenty-one years: Provided further, That, if the child has not The evidence to establish citizenship claims is The Assistant Attorney General, Criminal Division, will notify the Commissioner of the submission of the application. [60 FR 44265, Aug. 25, 1995, as amended at 76 FR 53787, Aug. 29, 2011]. Forms I185, I186 or I586 issued by the Service and which are now invalid, or a Form DSP150 or combined B1/B2 visitor visa and non-biometric BCC, or (similar stamp in a passport) issued by the DOS may be declared void by United States consular officers or United States immigration officers in Mexico or Canada. 1798. Liaison with internal security officers; data exchange. (iii) A country or geographic area may be suspended from the Guam-CNMI Visa Waiver Program by the Secretary of Homeland Security, in consultation with the Secretary of the Interior and the Secretary of State, based on the evaluation of all factors the Secretary deems relevant including, but not limited to, electronic travel authorization, procedures for reporting lost and stolen passports, repatriation of aliens, rates of refusal for nonimmigrant visitor visas, overstays, exit systems and information exchange. To amend the Immigration and Nationality Act, and for other purposes. (f) Applicant for admission at port of entry. No appeal shall lie from denial of the application, but the application may be renewed before an Immigration Judge as provided in paragraph (e) of this section. Congress has the power to enact this legis-lation pursuant to the following: Article I, Section VIII of the United States Constitution The single subject of this legislation is: To require the President to suspend the entry of aliens into the United States when the average number of encounters exceeds a certain number. 1185 note); 8 CFR part 2; Pub. This ticket must be: (A) Valid for a period of not less than one year, (B) Nonrefundable except in the country in which issued or in the country of the alien's nationality or residence, and. 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. The Nationality Act's requirements for acquiring The alien (and any family member of the alien who is 18 years of age or older) shall sign a statement acknowledging an awareness that parole only authorizes a temporary stay in the United States and does not convey the benefits of S nonimmigrant classification, any other nonimmigrant classification, or any entitlement to further benefits under the Act; and. Page 553 TITLE 8ALIENS AND NATIONALITY Section 212.1(q) also issued under section 702, Pub. (x) The organization shall provide all qualified applicants with a certificate in a timely manner. Application to American Indians born in Canada. (1) Until November 28, 2009, a visa is not required of an alien who is a citizen of a country enumerated in paragraph (e)(3) of this section who: (i) Is classifiable as a vistor for business or pleasure; (ii) Is solely entering and staying on Guam for a period not to exceed fifteen days; (iii) Is in possession of a round-trip nonrefundable and nontransferable transportation ticket bearing a confirmed departure date not exceeding fifteen days from the date of admission to Guam; (iv) Is in possession of a completed and signed Visa Waiver Information Form (Form I736); (v) Waives any right to review or appeal the immigration officer's determination of admissibility at the port of entry at Guam; and. If the vote of a two-member Panel is split, it shall adjourn its deliberations concerning that particular detainee until a third Panel member is added. An alien requesting a waiver of inadmissibility under section 212(d)(3)(B) or (d)(13) of the Act must submit a waiver form as designated by USCIS in accordance with 8 CFR 103.2. 704. Pending issuance by the aforementioned governments of travel documents to eligible citizens, travel documents previously issued by the Trust Territory of the Pacific Islands will continue to be accepted for purposes of identification and to establish eligibility for admission into the United States, its territories and possessions. (5) Aliens entering pursuant to International Boundary and Water Commission Treaty. (iv) An authorization that was previously issued in conjunction with Form I185, Nonresident Alien Canadian Border Crossing Card, and that is noted on the card may remain valid. (Secs. While CGFNS has been specifically listed in the statute as an entity authorized to issue certificates, it is not exempt from governmental oversight. requirement in the absence of the necessary principal dwelling place. For this The following requirements will apply: (1) The group, organization, or team must provide to CBP upon crossing the border, on organizational letterhead: (i) The name of the group, organization or team, and the name of the supervising adult; (ii) A trip itinerary, including the stated purpose of the trip, the location of the destination, and the length of stay; (iii) A list of the children on the trip; (iv) For each child, the primary address, primary phone number, date of birth, place of birth, and name of a parent or legal guardian.