The Law of Immigration Detention: A Brief Introduction The Immigration and Nationality Act (INA) authorizes and in some cases requiresthe Department of Homeland Security (DHS) to detain non-U.S. nationals (aliens) who are subject to removal from the United States. The waiver may be granted only if the Director of USIA provides the Service with a favorable waiver recommendation. WebSource. (3) There is no appeal of a decision to deny a waiver. taken up residence in the United States or its outlying possessions by the time An alien described in paragraph (a) of this section, who is coming to the United States as an immigrant or is applying for adjustment of status pursuant to section 245 of the Act (8 U.S.C. This section applies to any native of Cuba who last came to the United States between April 15, 1980, and October 20, 1980 (hereinafter referred to as Mariel Cuban) and who is being detained by the Immigration and Naturalization Service (hereinafter referred to as the Service) pending his or her exclusion hearing, or pending his or her return to Cuba or to another country. serviceman (established in Y.T. [PDF] Amending The Immigration And Nationality Act To Provide There is no administrative appeal from a denial of a request for a provisional unlawful presence waiver under this section. The Secretary of Homeland Security may, at any time, revoke a waiver previously granted through the procedures described in 8 CFR 103.5. If USCIS finds that the alien is not eligible for a provisional unlawful presence waiver, or if USCIS determines in its discretion that a waiver is not warranted, USCIS will deny the waiver application. 911) abolishes the national-origins quota system and replaces it with a system whereby L. 110229, 122 Stat. the minimum quota for any quota area shall be one hundred . 0000020907 00000 n (4) Disability alone not sufficient. . Consistent with section 212(a)(9)(B)(v) of the Act, the decision whether to approve a provisional unlawful presence waiver application is discretionary. (B) They have entered into a bona fide, full-time employment contract for 3 years to practice medicine at a health care facility located in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals (HHS-designated shortage area); (C) They agree to commence employment within 90 days of receipt of the waiver under this section and agree to practice medicine for 3 years at the facility named in the waiver application and only in HHS-designated shortage areas. birth to a U.S. citizen mother, father, or both; (2) If applicable, the parents' marriage certificate Committee on the Judiciary. (2) Aliens not requiring a nonimmigrant visa. (i) USCIS may adjudicate applications for a provisional unlawful presence waiver of inadmissibility based on section 212(a)(9)(B)(v) of the Act filed by eligible aliens described in paragraph (e)(3) of this section. (v) Education and skills, as evidenced by the alien's degrees, certifications, licenses, skills obtained through work experience or educational programs, and educational certificates. The medical report shall contain a complete medical history of the alien, including details of any hospitalization or institutional care or treatment for any physical or mental condition; findings as to the current physical condition of the alien, including reports of chest X-ray examination and of serologic test for syphilis if the alien is 15 years of age or over, and other pertinent diagnostic tests; and findings as to the current mental condition of the alien, with information as to prognosis and life expectancy and with a report of a psychiatric examination conducted by a psychiatrist who shall, in case of mental retardation, also provide an evaluation of the alien's intelligence.
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