Failure to timely respond to a notice of intent to terminate will result in termination of the parole. Congress. The Immigration and Nationality Act (INA) was enacted in 1952. The Associate Commissioner for Enforcement shall have authority, in the exercise of discretion, to revoke parole in respect to Mariel Cubans. (4) Procedure for review. U.S. military service counted as residence in the United States. A child of a effect on January 13, 1941. It also: (1) Repealed section 1993, revised statutes; and. (ii) General criteria. If you have questions or comments regarding a published document please These excerpts come from Section 212, Chapter 2 of the USCIS handbook: the court ruled that section 201(i) NA does not require the child to be In determining whether an alien's presence in the United States will provide a significant public benefit and whether the alien warrants a favorable exercise of discretion, USCIS will consider and weigh all evidence, including any derogatory evidence or information, such as but not limited to, evidence of criminal activity or national security concerns. 0000057415 00000 n See Immigration and Nationality Act (the Act) section 203(b )(2), 8 U.S.C. 8 FAM 301.6-6 Proof of Claim to See Immigration and Nationality Act (the Act) section 203(b)(2), 8 U.S.C. The authority to grant parole under section 212(d)(5) of the Act to a detained Mariel Cuban shall be exercised by the Commissioner, acting through the Associate Commissioner for Enforcement, as follows: (1) Parole decisions. possessions would satisfy the requirement. Section 201(g) NA specified, DHS may re-parole an entrepreneur for one additional period of up to 30 months from the date of the expiration of the initial parole period. 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. This contact form is only for website help or website suggestions. New York, NY: Columbia University Press. 0000003050 00000 n For an alien with a past history of mental illness, the medical report shall also contain available information on which the U.S. Public Health Service can base a finding as to whether the alien has been free of such mental illness for a period of time sufficient in the light of such history to demonstrate recovery. Adjustment of status of nonimmigrant to that of person admitted for permanent residence. Members of a Review Panel shall be selected from the professional staff of the Service. The full text is long. 0000006607 00000 n Long-term institutionalization does not include imprisonment for conviction of a crime or institutionalization for short periods for rehabilitation purposes. An alien may present a certificate from any credentialing organization listed in this paragraph (e) with respect to a particular health care field. Name two long-term consequences of the changes brought by this law? Functions and duties of clerks and records of declarations of intention and applications for naturalization. The following sponsorships and placements are suitable: (1) Placement by the Public Health Service in an approved halfway house or mental health project; (2) Placement by the Community Relations Service in an approved halfway house or community project; and. Conditional permanent resident status for certain alien spouses and sons and daughters. For procedures relating to cancellation or breaching of bonds, see part 103 of this chapter. Selected portions of section 201 NA, which is not readily possessions, prior to the birth of such person; (d) A person born outside of the United States 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. U.S.C. L. 115218. The parole of aliens within the following groups who have been or are detained in accordance with 235.3(b) or (c) of this chapter would generally be justified only on a case-by-case basis for urgent humanitarian reasons or significant public benefit, provided the aliens present neither a security risk nor a risk of absconding: (1) Aliens who have serious medical conditions in which continued detention would not be appropriate; (2) Women who have been medically certified as pregnant; (3) Aliens who are defined as minors in 236.3(b) of this chapter and are in DHS custody. In accordance with Public Law 110229, beginning November 28, 2009, the Secretary, in consultation with the Secretaries of the Departments of Interior and State, may waive the visa requirement in the case of a nonimmigrant alien who seeks admission to Guam or to the Commonwealth of the Northern Mariana Islands (CNMI) under the Guam-CNMI Visa Waiver Program. (a) The authority of the Secretary to continue an alien in custody or grant parole under section 212(d)(5)(A) of the Act shall be exercised by the Assistant Commissioner, Office of Field Operations; Director, Detention and Removal; directors of field operations; port directors; special agents in charge; deputy special agents in charge; associate special agents in charge; assistant special agents in charge; resident agents in charge; field office directors; deputy field office directors; chief patrol agents; district directors for services; and those other officials as may be designated in writing, subject to the parole and detention authority of the Secretary or his designees. L. 99239. Posthumous citizenship through death while on active-duty service in armed forces during World War I, World War II, the Korean hostilities, the Vietnam hostilities, or in other periods of military hostilities. An alien who satisfies the criteria in paragraph (b)(2)(ii)(A) of this section and partially meets one or both of the criteria in paragraph (b)(2)(ii)(B) of this section may alternatively meet the standard described in paragraph (b)(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) All aliens who apply for a provisional unlawful presence waiver under this section will be required to provide biometrics in accordance with 8 CFR 103.16 and 103.17, as specified on the form instructions. 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. (vi) An authorization may not be revalidated. There is no administrative appeal from a denial of a request for a provisional unlawful presence waiver under this section. No detainee may be released on parole until suitable sponsorship or placement has been found for the detainee. (G) 2b 2c FOREIGN GOVERNMENT OFFICIALS WHO HAVE COMMITTED PARTICULARLY SEVERE VIOLATIONS OF RELIGIOUS FREEDOM- Any alien who, while serving as a foreign government official, was responsible for or directly carried out, at any time, particularly severe violations of religious freedom, as defined in section 3 of the International Religious Freedom Act of 1998 (22 U.S.C. When parole is authorized for an alien who will travel to the United States without a visa, the alien shall be issued an appropriate document authorizing travel. (viii) The organization shall have a formal policy for renewing the certification if an individual's original certification has expired before the individual first seeks admission to the United States or applies for adjustment of status. birth to a U.S. citizen mother, father, or both; (2) If applicable, the parents' marriage certificate (iii) The organization shall include the following representation in the portion of its organization responsible for overseeing certification and, where applicable, examinations: (A) Individuals from the same health care discipline as the alien health care worker being evaluated who are eligible to practice in the United States; and.
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