« ÎnapoiContinuați »
(2) PROHIBITION OF FALSE INFORMATION BY CERTAIN EMPLOYERS.—A farm labor contractor, agricultural employer, or agricultural association who is an exempt person (as defined in paragraph (5)) shall not knowingly provide false or misleading information to an alien who was admitted or whose status was adjusted under subsection (c) concerning the terms, conditions, or existence of agricultural employment (described in subsection (a), (b), or (c) of section 301 of MASAWPA).83
(3) PROHIBITION OF DISCRIMINATION BY CERTAIN EMPLOYERS.In the case of an exempt person and with respect to aliens who have been admitted or whose status has been adjusted under subsection (c), the provisions of section 505 of MASAWPA 83 shall apply to any proceeding under or related to (and rights and protections afforded by) this section in the same manner as they apply to proceedings under or related to (and rights and protections afforded by)
MASAWPA. (4) ENFORCEMENT.-If a person or entity
(A) fails to furnish a certificate required under subsection (b)(2) or furnishes false statement of a material fact in such a certificate,
(B) violates paragraph (1) or (2), or
(C) violates the provisions of section 505(a) of MA
SAWPA (as they apply under paragraph (3)), the person or entity is subject to a civil money penalty under section 503 of MASAWPA in the same manner as if the person or entity had committed a violation of MASAWPA 83. (5) SPECIAL DEFINITIONS.-In this subsection:
(A) MASAWPA.—The term “MASAWPA” means the Migrant and Seasonal Agricultural Worker Protection Act (Public Law 97-470).
(B) The term "exempt person” means a person or entity who would be subject to the provisions of MASAWPA but for paragraph (1) or (2), or both, of section 4(a) of MA
SAWPA. (g) GENERAL DEFINITIONS.-In this section:
(1) The term "special agricultural worker" means an individual, regardless of present status, whose status was at any time adjusted under section 210 or who at any time was admitted or had the individual's status adjusted under subsection (c).
(2) The term “seasonal agricultural services” has the meaning given such term in section 210(h).
(3) The term “Director” refers to the Director of the Bureau of the Census.
(4) The term “man-day" means, with respect to seasonal agricultural services, the performance during a calendar day of at least 4 hours of seasonal agricultural services.
83 Sections 301, 503, and 505 of MASAWPA are found at 29 U.S.C. 1831, 1853, and 1855, respectively.
CHAPTER 2-QUALIFICATIONS FOR ADMISSION OF ALIENS; TRAVEL
CONTROL OF CITIZENS AND ALIENS
SEC. 211. [8 U.S.C. 1181] (a) Except as provided in subsection (b) and subsection (c) no immigrant shall be admitted into the United States unless at the time of application for admission he (1) has a valid unexpired immigrant visa or was born subsequent to the issuance of such visa of the accompanying parent, and (2) presents a valid unexpired passport or other suitable travel document, or document of identity and nationality, if such document is required under the regulations issued by the Attorney General. With respect to immigrants to be admitted under quotas of quota areas prior to June 30, 1968, no immigrant visa shall be deemed valid unless the immigrant is properly chargeable to the quota area under the quota of which the visa is issued.
(b) Notwithstanding the provisions of section 212(a) 7)(A) 84 of this Act in such cases or in such classes of cases and under such conditions as may be by regulations prescribed, returning resident immigrants, defined in section 101(a)(27XA), who are otherwise admissible may be readmitted to the United States by the Attorney General in his discretion without being required to obtain a passport, immigrant visa, reentry permit or other documentation.
(c) The provisions of subsection (a) shall not apply to an alien whom the Attorney General admits to the United States under section 207.
GENERAL CLASSES OF ALIENS INELIGIBLE TO RECEIVE VISAS AND
EXCLUDED FROM ADMISSION; WAIVERS OF INADMISSIBILITY SEC. 212. [8 U.S.C. 1182] (a) 85a CLASSES OF EXCLUDABLE ALIENS.—Except as otherwise provided in this Act, the following
84 8 603(a)(7) of the Immigration Act of 1990 (P.L. 101-649, Nov. 29, 1990, 104 Stat. 5083) substituted a reference to section 212(a)(7)(A) for a reference to section 212(a)(20).
85a Subsection (a) was revised in its entirety by $ 601(a) of the Immigration Act of 1990 (P.L. 101-649, Nov. 29, 1990, 104 Stat. 5067), effective June 1, 1991, under $ 601(e)(1) of that Act. For this section as in effect before enactment of such Act, see Appendix II.A.2.
Section 7 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403h) provides as follows:
SEC. 7. Whenever the Director (of the Central Intelligence Agency), the Attorney General, and the Commissioner of Immigration (and Naturalization] shall determine that the entry of a particular alien into the United States for permanent residence is in the interest of national security or essential to the furtherance of the national intelligence mission, such alien and his immediate family shall be given entry into the United States for permanent residence without regard to their inadmissibility under the immigration or any other laws and regulations, or to the failure to comply with such laws and regulations pertaining to admissibility: Provided, That the number of aliens and members of their immediate families entering the United States under the authority of this section shall in no case exceed one hundred persons in any one fiscal year.
[NOTE.—In applying this section, $ 155(c) of the Immigration Act of 1990 (P.L. 101-649, Nov. 29, 1990, 104 Stat. 5007), shown in Appendix II.A.1., permits certain employees of the Foreign Broadcast Information Service in Hong Kong (and family members) to be charged under this section against fiscal year 1991 through 1996 numerical limitations, notwithstanding that their entry occurs in a subsequent fiscal year (before fiscal year 1997).]
Section 4 of the Atomic Weapons and Special Nuclear Materials Rewards Act (50 U.S.C. 47c) provides as follows:
Sec. 4. If the information leading to an award under section 3 (viz., concerning illegal introduction, manufacture, acquisition, and export of special nuclear material or atomic weapons or conspiracies related thereto] is furnished by an alien, the Secretary of State, the Attorney General, and the Director of Central Intelligence, acting jointly, may determine that the entry of
describes classes of excludable aliens who are ineligible to receive visas and who shall be excluded from admission into the United States:
(1) HEALTH-RELATED GROUNDS.-
(i) who is determined in accordance with regulations prescribed by the Secretary of Health and Human Services) to have a communicable disease of public health significance,
(ii) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services in consultation with the Attorney General)
(I) to have a physical or mental disorder and behavior associated with the disorder that may pose,
such alien into the United States is in the public interest and, in that event, such alien and the members of his immediate family may receive immigrant visas and may be admitted to the United States for permanent residence, notwithstanding the requirements of the Immigration and Nationality Act.
§ 128 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (Pub. L. 102-138, Oct. 28, 1991, 105 Stat. 660) provides as follows: SEC. 128. VISA LOOKOUT SYSTEMS.
(a) Visas.—The Secretary of State may not include in the Automated Visa Lookout System, or in any other system or list which maintains information about the excludability of aliens under the Immigration and Nationality Act, the name of any alien who is not excludable from the United States under the Immigration and Nationality Act, subject to the provisions of this section.
(b) CORRECTION OF LISTS.—Not later than 3 years after the date of enactment of this Act, the Secretary of State shall
(1) correct the Automated Visa Lookout System, or any other system or list which maintains information about the excludability of aliens under the Immigration and Nationality Act, by deleting the name of any alien not excludable under the Immigration and Nationality Act; and
(2) report to the Congress concerning the completion of such correction process. (c) REPORT ON CORRECTION PROCESS.
(1) Not later than 90 days after the date of enactment of this Act, the Secretary of State, in coordination with the heads of other appropriate Government agencies, shall prepare and submit to the appropriate congressional committees, a plan which sets forth the manner in which the Department of State will correct the Automated Visa Lookout System, and any other system or list as set forth in subsection (b).
(2) Not later than 1 year after the date of enactment of this Act, the Secretary of State shall report to the appropriate congressional committees on the progress made toward com
pleting the correction of lists as set forth in subsection (b). (d) APPLICATION.—This section refers to the Immigration and Nationality Act as in effect on and after June 1, 1991. (e) LIMITATION.
(1) The Secretary may add or retain in such system or list the names of aliens who are not excludable only if they are included for otherwise authorized law enforcement purposes or other lawful purposes of the Department of State. A name included for other lawful purposes under this paragraph shall include a notation which clearly and distinctly indicates that such person is not presently excludable. The Secretary of State shall adopt procedures to ensure that visas are not denied to such individuals for any reason not set forth in the Immigration and Nationality Act.
(2) The Secretary shall publish in the Federal Register regulations and standards concerning maintenance and use by the Department of State of systems and lists for purposes described in paragraph (1).
(3) Nothing in this section may be construed as creating new authority or expanding any existing authority for any activity not otherwise authorized by law. (f) DEFINITION.-As used in this section the term “appropriate congressional committees” means the Committee on the Judiciary and the Committee on Foreign Affairs of the House of Representatives and the Committee on the Judiciary and the Committee on Foreign Relations of the Senate.
See also 8 204(c)(3) of the Refugee Act of 1980 (Pub. L. 96-212, Mar. 17, 1980, 94 Stat. 109), shown in Appendix III.D., for waiver of certain provisions for aliens who were provided conditional entry or parole before April 1, 1980.
For table of applicability of grounds of visa ineligibility and waiver, see Appendix XI.E.
or has posed, a threat to the property, safety, or welfare of the alien or others, or
(II) to have had a physical or mental disorder and a history of behavior associated with the disorder, which behavior has posed a threat to the property, safety, or welfare of the alien or others and which behavior is likely to recur or to lead to
other harmful behavior, or (iii) who is determined in accordance with regulations prescribed by the Secretary of Health and
Human Services) to be a drug abuser or addict, is excludable.
(B) WAIVER AUTHORIZED.-For provision authorizing waiver of certain clauses of subparagraph (A), see subsec
tion (g). (2) CRIMINAL AND RELATED GROUNDS.(A) CONVICTION OF CERTAIN CRIMES.
(i) IN GENERAL.-Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of
(I) a crime involving moral turpitude (other than a purely political offense), or
(II) a violation of (or a conspiracy to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled
Substances Act (21 U.S.C. 802)), is excludable.
(ii) EXCEPTION.—Clause (i)(I) shall not apply to an alien who committed only one crime if
(I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or
(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence
was ultimately executed). (B) MULTIPLE CRIMINAL CONVICTIONS.—Any alien convicted of 2 or more offenses (other than purely political offenses), regardless of whether the conviction was in a single trial or whether the offenses arose from a single scheme of misconduct and regardless of whether the offenses involved moral turpitude, for which the aggregate sentences to confinement actually imposed were 5 years or more is excludable.
(C) CONTROLLED SUBSTANCE TRAFFICKERS.—Any alien who the consular or immigration officer knows or has reason to believe is or has been an illicit trafficker in any such controlled substance or is or has been a knowing assister, abettor, conspirator, or colluder with others in the illicit trafficking in any such controlled substance, is excludable.
(D) PROSTITUTION AND COMMERCIALIZED VICE.—Any alien who
(i) is coming to the United States solely, principally, or incidentally to engage in prostitution, or has engaged in prostitution within 10 years of the date of application for a visa, entry, or adjustment of status,
(ii) directly or indirectly procures or attempts to procure, or (within 10 years of the date of application for a visa, entry, or adjustment of status) procured or attempted to procure or to import, prostitutes or persons for the purpose of prostitution, or receives or (within such 10-year period) received, in whole or in part, the proceeds of prostitution, or
(iii) is coming to the United States to engage in any other unlawful commercialized vice, whether or not
related to prostitution, is excludable.
(E) CERTAIN ALIENS INVOLVED IN SERIOUS CRIMINAL ACTIVITY WHO HAVE ASSERTED IMMUNITY FROM PROSECUTION.Any alien
(i) who has committed in the United States at any time a serious criminal offense (as defined in section 101(h)),
(ii) for whom immunity from criminal jurisdiction was exercised with respect to that offense,
(iii) who as a consequence of the offense and exercise of immunity has departed from the United States, and
(iv) who has not subsequently submitted fully to the jurisdiction of the court in the United States having
jurisdiction with respect to that offense, is excludable.
(F) WAIVER AUTHORIZED.-For provision authorizing waiver of certain subparagraphs of this paragraph, see
subsection (h). (3) SECURITY AND RELATED GROUNDS.
(A) IN GENERAL.-Any alien who a consular officer or the Attorney General knows, or has reasonable ground to believe, seeks to enter the United States to engage solely, principally, or incidentally in
(i) any activity (I) to violate any law of the United States relating to espionage or sabotage or (II) to violate or evade any law prohibiting the export from the