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Gang of 8 Immigration Bill Section 3215 Waivers

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                                                                         1                                 ‘‘(E) section 240(c)(4)(D)(ii)(II); or
                                                                         2                        ‘‘(2) has—
                                                                         3                                 ‘‘(A) engaged in conduct described in para-
                                                                         4                        graph (8) or (9) of section 103 of the Trafficking
                                                                         5                        Victims Protection Act of 2000 (22 U.S.C. 7102);
                                                                         6                        or
                                                                         7                                 ‘‘(B) a felony conviction described in section
                                                                         8                        101(a)(43) that would have been classified as an
                                                                         9                        aggravated felony at the time of conviction.’’.
                                                                       10                (c) REINSTATEMENT                        OF   REMOVAL ORDERS.—Section
                                                                       11 241(a)(5) (8 U.S.C. 1231(a)(5)) is amended by striking the
                                                                       12 period at the end and inserting ‘‘, unless the alien reentered
                                                                       13 prior to attaining the age of 18 years, or reinstatement of
                                                                       14 the prior order of removal would not be in the public inter-
                                                                       15 est or would result in hardship to the alien’s United States
                                                                       16 citizen or permanent resident parent, spouse, or child.’’.
                                                                       17      SEC. 2315. WAIVERS OF INADMISSIBILITY.

                                                                       18                (a) ALIENS WHO ENTERED                                AS    CHILDREN.—Section
                                                                       19 212(a)(9)(B)(iii) (8 U.S.C. 1182(a)(9)(B)(iii)) is amended
                                                                       20 by adding at the end the following:
                                                                       21                                                   ‘‘(VI) ALIENS               WHO ENTERED AS

                                                                       22                                          CHILDREN.—Clause                     (i) shall not apply
                                                                       23                                          to an alien who is the beneficiary of an
                                                                       24                                          approved petition under 101(a)(15)(H)
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                                                                       25                                          and who has earned a baccalaureate or


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                                                                         1                                         higher degree from a United States in-
                                                                         2                                         stitution of higher education (as de-
                                                                         3                                         fined in section 101(a) of the Higher
                                                                         4                                         Education Act of 1965 (20 U.S.C.
                                                                         5                                         1001(a)), and had not yet reached the
                                                                         6                                         age of 16 years at the time of initial
                                                                         7                                         entry to the United States.’’.
                                                                         8               (b)        ALIENS              UNLAWFULLY                     PRESENT.—Section
                                                                         9 212(a)(9)(B)(v) (8 U.S.C. 1181(a)(9)(B)(v) is amended—
                                                                       10                         (1) by striking ‘‘spouse or son or daughter’’ and
                                                                       11                inserting ‘‘spouse, son, daughter, or parent’’;
                                                                       12                         (2) by striking ‘‘extreme’’; and
                                                                       13                         (3) by inserting ‘‘, child,’’ after ‘‘lawfully resi-
                                                                       14                dent spouse’’.
                                                                       15                (c) PREVIOUS IMMIGRATION VIOLATIONS.—Section
                                                                       16 212(a)(9)(C)(i) (8 U.S.C. 1182(a)(9)(C)(i)) is amended by
                                                                       17 adding ‘‘, other than an alien described in clause (iii) or
                                                                       18 (iv) of subparagraph (B),’’ after ‘‘Any alien’’.
                                                                       19                (d) FALSE CLAIMS.—
                                                                       20                         (1) INADMISSIBILITY.—
                                                                       21                                  (A) IN        GENERAL.—Section                    212(a)(6)(C) (8
                                                                       22                         U.S.C. 1182(a)(6)(C)) is amended to read as fol-
                                                                       23                         lows:
                                                                       24                                  ‘‘(C) MISREPRESENTATION.—
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                                                                         1                                         ‘‘(i) IN       GENERAL.—Any                   alien who, by
                                                                         2                                 fraud or willfully misrepresenting a mate-
                                                                         3                                 rial fact, seeks to procure (or within the last
                                                                         4                                 3 years has sought to procure or has pro-
                                                                         5                                 cured) a visa, other documentation, or ad-
                                                                         6                                 mission into the United States or other ben-
                                                                         7                                 efit provided under this Act is inadmissible.
                                                                         8                                         ‘‘(ii)         FALSELY            CLAIMING           CITIZEN-

                                                                         9                                 SHIP.—

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

                                                                       19                                          DREN.—An              alien shall not be inadmis-
                                                                       20                                          sible under this clause if the misrepre-
                                                                       21                                          sentation described in subclause (I)
                                                                       22                                          was made by the alien when the
                                                                       23                                          alien—
                                                                       24                                                            ‘‘(aa) was under 18 years of
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                                                                       25                                                   age; or


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


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                                                                         1                                         mitted for permanent residence, or a
                                                                         2                                         qualified alien (as defined in section
                                                                         3                                         431 of the Personal Responsibility and
                                                                         4                                         Work Opportunity Reconciliation Act
                                                                         5                                         of 1996 (8 U.S.C. 1641(b))).
                                                                         6                                         ‘‘(iv) LIMITATION                     ON       REVIEW.—No

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

                                                                       12                         212 (8 U.S.C. 1182) is amended by striking sub-
                                                                       13                         section (i).
                                                                       14                         (2) DEPORTABILITY.—Section 237(a)(3)(D) (8
                                                                       15                U.S.C. 1227(a)(3)(D)) is amended to read as follows:
                                                                       16                                  ‘‘(D) FALSELY                 CLAIMING CITIZENSHIP.—

                                                                       17                         Any alien described in section 212(a)(6)(C)(ii) is
                                                                       18                         deportable.’’.
                                                                       19      SEC. 2316. CONTINUOUS PRESENCE.

                                                                       20                Section 240A(d)(1) (8 U.S.C. 1229b(d)(1)) is amended
                                                                       21 to read as follows:
                                                                       22                         ‘‘(1) TERMINATION                    OF CONTINUOUS PERIOD.—

                                                                       23                For purposes of this section, any period of continuous
                                                                       24                residence or continuous physical presence in the
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                                                                       25                United States shall be deemed to end, except in the


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