Such removal shall be on the first available means of transportation to the alien's point of embarkation to Guam or the CNMI. (v) The nursing program was in operation on or before November 12, 1999, or has been approved by unanimous agreement of CGFNS and any equivalent credentialing organizations that have been approved for the certification of nurses. A technical domicile did not satisfy the residence 0000076021 00000 n Under no circumstances will a foreign medical graduate be eligible to apply for change of status to another nonimmigrant category, for an immigrant visa or for status as a lawful permanent resident prior to completing the requisite 3-year period of employment for a health care facility located in an HHS-designated shortage area. L. 103416 should be affirmed. 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. (ii) General criteria. (2) In the case of applicants inadmissible on criminal or related grounds, in exercising its discretion USCIS will consider the number and severity of the offenses of which the applicant has been convicted. When admitting any alien who has been granted the benefits of section 212(d)(3)(B) of the Act, the Immigration officer shall note on the arrival-departure record, Form I94 (see 1.4), or crewman's landing permit, Form I95, issued to the alien, the conditions and limitations imposed in the authorization. (e) Approved credentialing organizations for health care workers. In addition, it covers the revocation of parole for those Mariel Cubans who have been released on parole at any time. If the K1 does not marry the K nonimmigrant petitioner, the K1 and K2 nonimmigrants remain inadmissible for purposes of any application for a benefit on any basis other than the proposed marriage between the K1 and the K nonimmigrant petitioner. WebImmigration and Nationality Act of 1952 - Free ebook download as PDF File (.pdf), Text File (.txt) or read book online for free. Prevention of unauthorized landing of aliens. (1) CGFNS is authorized to issue certified statements under section 212(r) of the Act for aliens seeking to enter the United States to perform labor as nurses. In any case where an alien is paroled under paragraph (b) or (c) of this section, those officials listed in paragraph (a) of this section may require reasonable assurances that the alien will appear at all hearings and/or depart the United States when required to do so. (9) U.S. business entity means any corporation, limited liability company, partnership, or other entity that is organized under federal law or the laws of any state, and that conducts business in the United States, that is not an investment vehicle primarily engaged in the offer, purchase, sale or trading of securities, futures contracts, derivatives or similar instruments. The entrepreneur parolee must immediately notify USCIS in writing if he or she will no longer be employed by the start-up entity or ceases to possess a qualifying ownership stake in the start-up entity. NA). (vi) Notification requirements. uZ a6 )tKTLCji@ NAZQlaGYaIAIO!Gw,2GKF!d[c e5162d S`9Mgly3E.b;r+P\ Failure to establish such measures, or having a record showing an inability of persons granted certificates to pass United States licensure examinations at the same rate as graduates of United States programs, may result in a ground for termination of approval. acquire citizenship under section 201 NA, to acquire U.S. citizenship under (e) Collection of biometric information. If the application is made at the time of the applicant's arrival to the district director at a port of entry, the applicant shall establish that he was not aware of the ground of inadmissibility and that it could not have been ascertained by the exercise of reasonable diligence, and he shall be in possession of a passport and visa, if required, or have been granted a waiver thereof. The scheduling of such interviews shall be at the discretion of the Director. A Canadian citizen who is traveling as a participant in the FAST 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 FAST card at a land or sea port-of-entry prior to entering the United States from contiguous territory or adjacent islands. persons involved maintained their place of general abode in the United States. Hawaii, Puerto Rico, the U.S. Virgin Islands, and all other territory, except (v) Transport an alien in possession of completed I94, Arrival-Departure Record (CBP Form I94). Along with the civil rights and voting rights acts, the Immigration and Nationality Act of 1965 is one of the most important bills of 1101 note; (4) Afghan and Iraqi Interpreters, or Afghan or Iraqi nationals employed by or on behalf of the U.S. Government as described in section 1059(a)(2) of the National Defense Authorization Act for Fiscal Year 2006 Public Law 109163 (Jan. 6, 2006), as amended, and section 602(b) of the Afghan Allies Protection Act of 2009, Public Law 1118, title VI (Mar. (3) If any other applicable provision of section 212(a) renders the applicant inadmissible, USCIS may grant a waiver of inadmissibility if the activities rendering the applicant inadmissible were caused by or were incident to the victimization and USCIS determines that it is in the national interest to waive the applicable ground or grounds of inadmissibility. (3) Qualified government award or grant means an award or grant for economic development, research and development, or job creation (or other similar monetary award typically given to start-up entities) made by a federal, state, or local government entity (not including foreign government entities) that regularly provides such awards or grants to start-up entities. c. Persons who acquired U.S. citizenship under section (b) Filing of application. . YHW[`{`\{` (a) Scope. An application for the exercise of discretion under section 212(c) of the Act must be submitted on the form designated by USCIS with the fee prescribed in 8 CFR 106.2 and in accordance with the form instructions. The bill amends the Immigration and Na-tionality Act to make the returning worker exception permanent for the H2B visa pro-gram and introduces enhanced vetting meas-ures using biometric data to ensure the secu-rity of the program. But preserving the national origins quotas was not the central motivation . (i) Streamlined certification process . (A) An alien who has been admitted to either Guam or the CNMI under the provisions of this section who is determined by an immigration officer to be deportable from either Guam or the CNMI under one or more of the grounds of deportability listed in section 237 of the Act, shall be removed from either Guam or the CNMI to his or her country of nationality or last residence. <<92CF9EC92A1B5A45823C6364066B1DCF>]>> citizenship under section 201(c). Persons who commuted daily to work or school Section 212.1(q) also issued under section 702, Pub. complete the five years' residence in the United States or its outlying The alien may not appeal or file a motion to reopen or reconsider an abandonment denial under 8 CFR 103.5. (b) Limited Exemption. The Deputy Commissioner or the district director may at any time revoke a waiver previously authorized under section 212(d)(3) of the Act and shall notify the nonimmigrant in writing to that effect. Inspection by immigration officers; expedited removal of inadmissible arriving aliens; referral for hearing. d. In a 1948 opinion, the legal advisor of the 1195, title V (Nov. 21, 1989), as amended, 8 U.S.C. Such guidance will consider how these factors affect the likelihood that the alien will become a public charge at any time based on an empirical analysis of the best-available data as appropriate. Citizenship (January 13, 1941, through . (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. . Exemptions and waivers for public charge ground of inadmissibility. (For Department of State procedure when a visa is required, see 22 CFR 41.95 and paragraph (a) of this section.) USCIS has exclusive jurisdiction to grant a provisional unlawful presence waiver under this paragraph (e). 16, 1965, as amended at 63 FR 70316, Dec. 21, 1998] 341.5 Decision. Department of State held that section 201 NA did not require the parents to (c) Validity. citizenship shall thereupon cease. The preceding provisos shall not apply to a The foreign medical graduate may only fulfill the requisite 3-year employment contract as an H1B nonimmigrant. 212.23 Exemptions and waivers for public charge ground of inadmissibility. The Immigration and Nationality Act of 1952 - ThoughtCo (5) Any other individual(s) who lists the alien as a dependent on their federal income tax return. 0000019540 00000 n Notwithstanding any other provision of this chapter, no single period of admission under section 212(d)(3)(A)(i) of the Act and this paragraph (f) may be authorized for more than 30 days; if an emergency prevents a nonimmigrant alien admitted under this paragraph (f) from departing from the United States within his or her period of authorized stay, the director (or other appropriate official) having jurisdiction over the place of the alien's temporary stay may, in his or her discretion, grant an additional period (or periods) of satisfactory departure, each such period not to exceed 30 days. WebFrom Title 8-ALIENS AND NATIONALITY CHAPTER 12-IMMIGRATION AND NATIONALITY SUBCHAPTER III-NATIONALITY AND NATURALIZATION Part I United States or its outlying possessions before reaching the age of twenty-one If the foreign medical graduate subsequently applies for and receives H1B status, he or she must also comply with the terms and conditions of that nonimmigrant status. The Director shall have authority to establish and maintain appropriate files respecting each Mariel Cuban to be reviewed for possible parole, to determine the order in which the cases shall be reviewed, and to coordinate activities associated with these reviews. Immigration and Nationality Act of L. 108458 (8 U.S.C. (2) The following aliens are exempt from the English language requirements: (i) Alien nurses who are presenting a certified statement under section 212(r) of the Act; and. December 23, 1952). (vii) The organization shall be separate from the accreditation and educational functions of the discipline, except for those entities recognized by the Department of Education as having satisfied the requirement of independence. Persons whose legitimation before age 21 did not enable them to claim During the period of re-parole, the entrepreneur may continue to reduce his or her ownership interest in the start-up entity, but must, at all times during the period of parole, maintain an ownership interest in the entity. If the organization revokes an individual's certificate, it must notify the DHS, via the Nebraska Service Center, and the appropriate state regulatory authority with jurisdiction over the individual's health care profession. The Immigration and Nationality Act of 1965: A Reference Guide PDF Download, The Immigration and Nationality Act of 1965 PDF Download, Immigration and Nationality Act PDF Download, The Immigration and Nationality Act of 1965 c PDF Download, The Law that Changed the Face of America PDF Download, A Nation of Immigrants Reconsidered PDF Download, Amendments to the Immigration Laws (1965) PDF Download, Amendments to the Immigration Laws (19650 PDF Download, The Immigration and Nationality Act of 1965: A Reference Guide, The Immigration and Nationality Act of 1965, The Immigration and Nationality Act of 1965 c, United States.
