Corker Amendment Gang of 8 Immigration Bill Section 3215 Waivers by LegalInsurrection


									EAS13979                                                       S.L.C.

 1            as an aggravated felony at the time of convic-
 2            tion.’’.
 3         (c) REINSTATEMENT      OF   REMOVAL ORDERS.—Sec-
 4 tion 241(a)(5) (8 U.S.C. 1231(a)(5)) is amended by strik-
 5 ing the period at the end and inserting ‘‘, unless the alien
 6 reentered prior to attaining the age of 18 years, or rein-
 7 statement of the prior order of removal would not be in
 8 the public interest or would result in hardship to the
 9 alien’s United States citizen or permanent resident parent,
10 spouse, or child.’’.

12         (a) ALIENS WHO ENTERED        AS   CHILDREN.—Section
13 212(a)(9)(B)(iii) (8 U.S.C. 1182(a)(9)(B)(iii)) is amended
14 by adding at the end the following:
15                             ‘‘(VI) ALIENS    WHO ENTERED AS

16                        CHILDREN.—Clause       (i) shall not apply
17                        to an alien who is the beneficiary of
18                        an     approved        petition     under
19                        101(a)(15)(H) and who has earned a
20                        baccalaureate or higher degree from a
21                        United States institution of higher
22                        education    (as    defined   in   section
23                        101(a) of the Higher Education Act
24                        of 1965 (20 U.S.C. 1001(a)), and had
25                        not yet reached the age of 16 years at
EAS13979                                                        S.L.C.

 1                          the time of initial entry to the United
 2                          States.’’.
 3         (b)    ALIENS      UNLAWFULLY       PRESENT.—Section
 4 212(a)(9)(B)(v) (8 U.S.C. 1181(a)(9)(B)(v) is amended—
 5               (1) by striking ‘‘spouse or son or daughter’’ and
 6         inserting ‘‘spouse, son, daughter, or parent’’;
 7               (2) by striking ‘‘extreme’’; and
 8               (3) by inserting ‘‘, child,’’ after ‘‘lawfully resi-
 9         dent spouse’’.
11 212(a)(9)(C)(i) (8 U.S.C. 1182(a)(9)(C)(i)) is amended
12 by adding ‘‘, other than an alien described in clause (iii)
13 or (iv) of subparagraph (B),’’ after ‘‘Any alien’’.
14         (d) FALSE CLAIMS.—
15               (1) INADMISSIBILITY.—
16                    (A) IN     GENERAL.—Section      212(a)(6)(C)
17               (8 U.S.C. 1182(a)(6)(C)) is amended to read as
18               follows:
19                    ‘‘(C) MISREPRESENTATION.—
20                          ‘‘(i) IN   GENERAL.—Any   alien who, by
21                    fraud or willfully misrepresenting a mate-
22                    rial fact, seeks to procure (or within the
23                    last 3 years has sought to procure or has
24                    procured) a visa, other documentation, or
25                    admission into the United States or other
EAS13979                                            S.L.C.

 1         benefit provided under this Act is inadmis-
 2         sible.
 3              ‘‘(ii) FALSELY     CLAIMING     CITIZEN-

 4         SHIP.—

 5                  ‘‘(I) INADMISSIBILITY.—Subject
 6              to subclause (II), any alien who know-
 7              ingly misrepresents himself or herself
 8              to be a citizen of the United States
 9              for any purpose or benefit under this
10              chapter (including section 274A) or
11              any other Federal or State law is in-
12              admissible.
13                  ‘‘(II) SPECIAL    RULE FOR CHIL-

14              DREN.—An      alien shall not be inadmis-
15              sible under this clause if the misrepre-
16              sentation described in subclause (I)
17              was made by the alien when the
18              alien—
19                         ‘‘(aa) was under 18 years of
20                  age; or
21                         ‘‘(bb) otherwise lacked the
22                  mental competence to knowingly
23                  misrepresent a claim of United
24                  States citizenship.
EAS13979                                            S.L.C.

 1              ‘‘(iii) WAIVER.—The Attorney General
 2         or the Secretary of Homeland Security
 3         may, in the discretion of the Attorney Gen-
 4         eral or the Secretary, waive the application
 5         of clause (i) or (ii)(I) for an alien, regard-
 6         less whether the alien is within or outside
 7         the United States, if the Attorney General
 8         or the Secretary finds that a determination
 9         of inadmissibility to the United States for
10         such alien would—
11                   ‘‘(I) result in extreme hardship to
12              the alien or to the alien’s parent,
13              spouse, son, or daughter who is a cit-
14              izen of the United States or an alien
15              lawfully admitted for permanent resi-
16              dence; or
17                   ‘‘(II) in the case of a VAWA self-
18              petitioner, result in significant hard-
19              ship to the alien or a parent or child
20              of the alien who is a citizen of the
21              United States, an alien lawfully ad-
22              mitted for permanent residence, or a
23              qualified alien (as defined in section
24              431 of the Personal Responsibility
EAS13979                                                    S.L.C.

 1                       and Work Opportunity Reconciliation
 2                       Act of 1996 (8 U.S.C. 1641(b))).
 3                       ‘‘(iv) LIMITATION      ON   REVIEW.—No

 4                  court shall have jurisdiction to review a de-
 5                  cision or action of the Attorney General or
 6                  the Secretary regarding a waiver under
 7                  clause (iii).’’.
 8                  (B) CONFORMING          AMENDMENT.—Section

 9             212 (8 U.S.C. 1182) is amended by striking
10             subsection (i).
11             (2) DEPORTABILITY.—Section 237(a)(3)(D) (8
12         U.S.C. 1227(a)(3)(D)) is amended to read as fol-
13         lows:
14                  ‘‘(D) FALSELY        CLAIMING CITIZENSHIP.—

15             Any alien described in section 212(a)(6)(C)(ii)
16             is deportable.’’.

18         Section 240A(d)(1) (8 U.S.C. 1229b(d)(1)) is amend-
19 ed to read as follows:
20             ‘‘(1) TERMINATION         OF CONTINUOUS PERIOD.—

21         For purposes of this section, any period of contin-
22         uous residence or continuous physical presence in
23         the United States shall be deemed to end, except in
24         the case of an alien who applies for cancellation of
25         removal under subsection (b)(2), on the date that a

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