bseoima §2315 (2013): WAIVERS OF INADMISSIBILITY

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.

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;
2.: by striking extreme; and
3.: by inserting ,child, after lawfully resident spouse.

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.

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 inadmissible.
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—
aa.: was under 18 years of age; or
bb.: otherwise lacked the mental competence to knowingly misrepresent a claim of United States citizenship.

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 finds that a determination of inadmissibility to the United States for such alien would—

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 residence; or
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).

CONFORMING AMENDMENT.— Section 212(8 U.S.C. 1182) is amended by striking subsection (i).

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.

§ 2315 : WAIVERS OF INADMISSIBILITY