S.744 Immigration bill - Sec. 2314: WAIVERS OF INADMISSIBILITY
Posted Wed, Apr 17, 2013 at 4:56 pm
- (a) Aliens Who Entered as Children- Section
212(a)(9)(B)(iii) (8 U.S.C. 1182(a)(9)(B)(iii)) is amended by adding at
the end the following:
- `(VI) ALIENS WHO ENTERED AS CHILDREN-
Clause (i) shall not apply to an alien who is the beneficiary of an
approved petition under 101(a)(15)(H) and who has earned a baccalaureate
or higher degree from a United States institution of higher education
(as defined in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)), and had not yet reached the age of 16 years at the time
of initial entry to the United States.'.
- (b) Aliens Unlawfully Present- Section 212(a)(9)(B)(v) (8 U.S.C. 1181(a)(9)(B)(v) is amended--
- (1) by striking `spouse or son or daughter' and inserting `spouse, son, daughter, or parent'; and
- (2) by striking `extreme'.
- (c) Previous Immigration Violations- Section
212(a)(9)(C)(i) (8 U.S.C. 1182(a)(9)(C)(i)) is amended by adding `,
other than an alien described in clause (iii) or (iv) of subparagraph
(B),' after `Any alien'.
- (d) False Claims-
- (1) INADMISSIBILITY-
- (A) IN GENERAL- Section 212(a)(6)(C) (8 U.S.C. 1182(a)(6)(C)) is amended to read as follows:
- `(C) MISREPRESENTATION-
- `(i) IN GENERAL- Any alien who, by fraud or
willfully misrepresenting a material fact, seeks to procure (or within
the last 3 years has sought to procure or has procured) a visa, other
documentation, or admission into the United States or other benefit
provided under this Act is inadmissible.
- `(ii) FALSELY CLAIMING CITIZENSHIP-
- `(I) INADMISSIBILITY- Subject to subclause
(II), any alien who knowingly misrepresents himself or herself to be a
citizen of the United States for any purpose or benefit under this
chapter (including section 274A) or any other Federal or State law is
- `(II) SPECIAL RULE FOR CHILDREN- An alien
shall not be inadmissible under this clause if the misrepresentation
described in subclause (I) was made by the alien when the alien--
- `(iii) WAIVER- The Attorney General or the
Secretary of Homeland Security may, in the discretion of the Attorney
General or the Secretary, waive the application of clause (i) or (ii)(I)
for an alien, regardless whether the alien is within or outside the
United States, if the Attorney General or the Secretary find that a
determination of inadmissibility to the United States for such alien
- `(I) result in extreme hardship to the
alien or to the alien's parent, spouse, son, or daughter who is a
citizen of the United States or an alien lawfully admitted for permanent
- `(II) in the case of a VAWA
self-petitioner, result in significant hardship to the alien or a parent
or child of the alien who is a citizen of the United States, an alien
lawfully admitted for permanent residence, or a qualified alien (as
defined in section 431 of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(b)).
- `(iv) LIMITATION ON REVIEW- No court shall have
jurisdiction to review a decision or action of the Attorney General or
the Secretary regarding a waiver under clause (iii).'.
- (B) CONFORMING AMENDMENT- Section 212 (8 U.S.C. 1182) is amended by striking subsection (i).
- (2) DEPORTABILITY- Section 237(a)(3)(D) (8 U.S.C. 1227(a)(3)(D)) is amended to read as follows:
- `(D) FALSELY CLAIMING CITIZENSHIP- Any alien described in section 212(a)(6)(C)(ii) is deportable.'.
WAIVERS OF INADMISSIBILITY