To ensure accuracy, USCIS links to the official U.S. Code prepared by the Office of the Law Revision Counsel of the U.S. House of Representatives. Parole authorization under section 212(d)(5) of the Act for aliens whom LEAs seek to bring to the United States as witnesses or informants in criminal/counter terrorism matters and to apply for S classification shall be exercised as follows: (1) Grounds of eligibility. L. 110229 (8 U.S.C. (1) With the exception of those aliens described in paragraph (g)(2) of this section, every alien must meet certain English language requirements in order to obtain a certificate. [82 FR 5286, Jan. 17, 2017, as amended at 85 FR 46923, Aug. 3, 2020; 86 FR 50841, Sept. 13, 2021]. 2714 (ii) DHS will forward to HHS upon receipt any information received in response to a Notice of Intent to Terminate an entity's authorization to issue certificates. birth to a U.S. citizen mother, father, or both; (2) If applicable, the parents' marriage certificate Any recommendation which is not clearly approvable shall, and any recommendation may, be presented to the appropriate official of the Immigration and Naturalization Service for a determination. (1) Filing of re-parole request form. USCIS will only approve such provisional unlawful presence waiver applications in accordance with the conditions outlined in paragraph (e) of this section. Web4. Parole granted under this section will be automatically terminated without notice upon the expiration of the time for which parole was authorized, unless the alien timely files a non-frivolous application for re-parole. A majority of unauthorized immigrants are from poorer countries in the Americas seeking greater opportunity in the wealthier United States. L. 103416, the foreign medical graduate (and accompanying dependents) may apply for change of nonimmigrant status, from J1 to H1B and, in the case of dependents of such a foreign medical graduate, from J2 to H4. Learn more about the eCFR, its status, and the editorial process. Notwithstanding paragraph (e)(3) of this section, an alien is ineligible for a provisional unlawful presence waiver under paragraph (e) of this section if: (ii) The alien does not have a case pending with the Department of State, based on: (B) Selection by the Department of State to participate in the Diversity Visa program under section 203(c) of the Act for the fiscal year for which the alien registered; (iii) The alien is in removal proceedings, in which no final order has been entered, unless the removal proceedings are administratively closed and have not been recalendared at the time of filing the application for a provisional unlawful presence waiver; (iv) The alien is subject to an administratively final order of removal, deportation, or exclusion under any provision of law (including an in absentia order under section 240(b)(5) of the Act), unless the alien has already filed and USCIS has already granted, before the alien applies for a provisional unlawful presence waiver under 8 CFR 212.7(e), an application for consent to reapply for admission under section 212(a)(9)(A)(iii) of the Act and 8 CFR 212.2(j); (v) CBP or ICE, after service of notice under 8 CFR 241.8, has reinstated a prior order of removal under section 241(a)(5) of the Act, either before the filing of the provisional unlawful presence waiver application or while the provisional unlawful presence waiver application is pending; or. individual cases, mainly because of the inequities possible when section 309(b) (g) Parole for certain Cuban nationals. Children born outside the United States and residing permanently in the United States; conditions under which citizenship automatically acquired; determinations of name and birth date. If termination of credentialing status is made, the written decision shall set forth the reasons for the termination. Such bonds may be required of an individual alien or of an identified subset of participants. (5) Aliens whose continued detention is not in the public interest as determined by those officials identified in paragraph (a) of this section. Cruise ship means a passenger vessel over 100 gross tons, carrying more than 12 passengers for hire, making a voyage lasting more than 24 hours any part of which is on the high seas, and for which passengers are embarked or disembarked in the United States or its territories. Congress has the power to enact this legis-lation pursuant to the following: Section 309(b) of the Immigration and Nationality of law under which the child is claiming U.S. citizenship. If the alien challenges the termination in removal proceedings, and the removal proceedings end in the restoration of the alien's status, the waiver will become effective again. SEC. (iv) Transport an alien in possession of a completed and signed Guam-CNMI Visa Waiver Information Form (CBP Form I736), and. Op. 23, 1952, inclusive, whose U.S. citizen parent met the transmission . (8) Inadmissibility and Deportability . If, in addition to the considerations enumerated under paragraph (q)(2)(i) of this section, DHS determines that the CNMI has received a significant economic benefit from the number of visitors for pleasure from particular countries during the period of May 8, 2007 through May 8, 2008, those countries are eligible to participate in the Guam-CNMI Visa Waiver Program unless the Secretary of Homeland Security determines that such country's inclusion in the Guam-CNMI Visa Waiver Program would represent a threat to the welfare, safety, or security of the United States and its territories. If the alien is ineligible on grounds which, upon the applicant's marriage to the United States citizen petitioner, may be waived under section 212 (g), (h), or (i) of the Act, the consular officer must also forward a recommendation as to whether the waiver should be granted. (2) Occupational Therapists. In the absence of such legitimation or adjudication, a. Forms for registration and fingerprinting. 1182(a)(9)(B) (unlawful presence ground of inadmissibility triggered by departure from the United States), must file the waiver request prior to his or her application for reentry to the United States in accordance with the form instructions. December 23, 1952). (iii) The alien's name, and date and place of birth. (i) Revocation. States and one of whom has resided in the United States or one of its outlying For purposes of 212.1 and 235.1 of this chapter: Adjacent islands means Bermuda and the islands located in the Caribbean Sea, except Cuba. A visa required of such an alien unless, prior to or at the time of embarkation for the United States on a vessel or aircraft, the alien satisfied the examining U.S. immigration officer at the Bahamas, that he or she is clearly and beyond a doubt entitled to admission, under section 212(a) of the Immigration and Nationality Act, in all other respects. If you have questions or comments regarding a published document please 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. Webunder sections 214(c) and 218 of the Immigration and Nationality Act [8 U.S.C. If the foreign country of the alien's nationality or last residence has furnished statement in writing that it has no objection to his/her being granted a waiver of the foreign residence requirement and the Director, United States Information Agency has made a favorable recommendation, the Director shall be notified of the decision and, if the foreign residence requirement is not waived, of the reasons therefor and of the foregoing right of appeal. 1182(d)(3), except where the ground of inadmissibility arises under sections 212(a)(3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), or (3)(E) of the Act, 8 U.S.C. (2) New H1B petitions. The organization may not reissue a certificate to an individual whose certificate has been revoked. An alien who is HIV-positive who applies for a nonimmigrant visa before a consular officer may be issued a B1 (business visitor) or B2 (visitor for pleasure) nonimmigrant visa and admitted to the United States for a period not to exceed 30 days, provided that the applicant establishes that: (i) The applicant has tested positive for HIV; (ii) The applicant is not currently exhibiting symptoms indicative of an active, contagious infection associated with acquired immune deficiency syndrome; (iii) The applicant is aware of, has been counseled on, and understands the nature, severity, and the communicability of his or her medical condition; (iv) The applicant's admission poses a minimal risk of danger to the public health in the United States and poses a minimal risk of danger of transmission of the infection to any other person in the United States; (v) The applicant will have in his or her possession, or will have access to, as medically appropriate, an adequate supply of antiretroviral drugs for the anticipated stay in the United States and possesses sufficient assets, such as insurance that is accepted in the United States, to cover any medical care that the applicant may require in the event of illness at any time while in the United States; (vi) The applicant's admission will not create any cost to the United States, or a state or local government, or any agency thereof, without the prior written consent of the agency; (vii) The applicant is seeking admission solely for activities that are consistent with the B1 (business visitor) or B2 (visitor for pleasure) nonimmigrant classification; (viii) The applicant is aware that no single admission to the United States will be for a period that exceeds 30 days (subject to paragraph (f)(5) of this section); (ix) The applicant is otherwise admissible to the United States and no other ground of inadmissibility applies; (x) The applicant is aware that he or she cannot be admitted under section 217 of the Act (Visa Waiver Program); (xi) The applicant is aware that any failure to comply with any condition of admission set forth under this paragraph (f) will thereafter make him or her ineligible for authorization under this paragraph; and. (3) A Mexican national who presents a BCC at a POE must present the DOS-issued DSP150 containing a machine-readable biometric identifier. (Ed.) acquire citizenship under section 201 NA, to acquire U.S. citizenship under 212.12 Parole determinations and revocations respecting Mariel Cubans. (4) Application at U.S. port. U.S.C. Inspection by immigration officers; expedited removal of inadmissible arriving aliens; referral for hearing. (ii) General criteria. Custody and release after removal hearing. Nationals but not citizens of the United States at birth. 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. Printing of reentry permits and blank forms of manifest and crew lists; sale to public. (2) The spouse and children of an entrepreneur granted parole under this section may be granted parole under this section for no longer than the period of parole granted to such entrepreneur.