An alien occupational therapist who has graduated from a program accredited by the Accreditation Council for Occupational Therapy Education (ACOTE) of the American Occupational Therapy Association (AOTA) is exempt from the educational comparability review and English language proficiency testing. agency of an official character in which the United States participates, for Until July 26, 2004 (or until July 26, 2005, in the case of a citizen of Canada or Mexico, who, before September 23, 2003, was employed as a TN or TC nonimmigrant health care worker and held a valid license from a U.S. jurisdiction), the temporary admission, extension of stay, or change of status of an alien described in 8 CFR part 212(d)(1) or (d)(2) of this section that is provided for under this paragraph (n) is subject to the following conditions: (i) The admission, extension of stay, or change of status may not be for a period longer than 1 year from the date of the decision, even if the relevant provision of 8 CFR 214.2 would ordinarily permit the alien's admission for a longer period; (ii) The alien must obtain the certification required by paragraph (a) of this section within 1 year of the date of decision to admit the alien or to extend the alien's stay or change the alien's status; and. As a WebU.S. Looking for U.S. government information and services? If the alien has been convicted of an aggravated felony, he or she must remain outside of the United States for twenty consecutive years from the deportation date before he or she is eligible to re-enter the United States. (3) Discretionary reviews. Title 8 of the U.S. Code covers "Aliens and Nationality.". WebPertinent Sections of Law on Non-Citizen Nationality Section 341 of the Immigration and Nationality Act: (b) A person who claims to be a national, but not a citizen, of the United Parole shall be automatically terminated without written notice. As noted in 8 FAM 301.6-3(B), honorable 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. If the application under section 245 of the Act has been initiated, renewed, or is pending in a proceeding before an immigration judge, the district director must refer the application to the immigration judge for adjudication. In situations where a United States nationally recognized licensure or certification examination, or a test predicting the success on the licensure or certification examination, is offered overseas, the applicant must pass the examination or the predictor test prior to receiving certification. NATIONALITY Applications for the exercise of discretion under section 212(d)(1) and 212(d)(3). of December 31, 1946 the President publicly announced the cessation of A passport is required. possessions, at least five years of which were after attaining the age of 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. 0000004319 00000 n ), 8 FAM 301.6-5(B) Birth to An alien physical therapist who has graduated from a program accredited by the Commission on Accreditation in Physical Therapy Education (CAPTE) of the American Physical Therapy Association (APTA) is exempt from the educational comparability review and English language proficiency testing. 0000075781 00000 n The consular officer or other State Department official shall be notified of the decision on his recommendation. (6) Failure to comply. The DHS will evaluate organizations, including CGFNS, seeking to obtain approval from the DHS to issue certificates for health care workers, or certified statements for nurses. The INA is contained in the United States Code (U.S.C.). Termination of credentialing status shall remain in effect until and unless the terminated organization reapplies for credentialing status and is approved, or its appeal of the termination decision is sustained by the Administrative Appeals Office. To initiate the application for a waiver under Pub. described briefly in 22 CFR 50.2-50.5 and in more detail in 22 CFR 51.42 and 22 Certificate of diplomatic or consular officer of United States as to loss of American nationality. 212.4 Applications for the exercise of discretion under section 212(d)(1) and 212(d)(3). The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner was eligible as an individual of exceptional ability. 203 (g) Visa Canceled What Does It Really Mean? L. 103416 are subject, in all cases, to the provisions of section 214(g)(1)(A) of the Act. L. 103416 based on a request by a State Department of Public Health (or equivalent), and changes his or her nonimmigrant classification from J1 to H1B, may not apply for permanent residence or for any other change of nonimmigrant classification unless he or she has fulfilled the 3-year employment contract with the health care facility and in the specified HHS-designated shortage area named in the waiver application. An alien in U nonimmigrant status who is seeking a waiver of section 212(a)(9)(B) of the Act, 8 U.S.C. (iv) An authorization that was previously issued in conjunction with Form I185, Nonresident Alien Canadian Border Crossing Card, and that is noted on the card may remain valid. However, the Immigration and Nationality Act (INA) permits USCIS to waive the taking of the Oath of Allegiance if USCIS determines the person is unable to . (d) Discretionary authority; decision; appeals and motions to reopen . Detention of aliens for physical and mental examination. 0000076295 00000 n (m) Aliens in S classification. View the most recent official publication: These links go to the official, published CFR, which is updated annually. During the period of initial 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 initial parole, maintain at least a 5 percent ownership interest in the entity. The review process will commence with a scheduling of a file review, which will ordinarily be expected to occur within approximately three months after parole is revoked. 8 FAM 301.6-5(C) Birth to toward the satisfaction of the residence requirement for transmission of The alien may not appeal or file a motion to reopen or reconsider an abandonment denial under 8 CFR 103.5. (4) Grounds. An alien requesting a waiver of inadmissibility under section 212(d)(3)(B) or (d)(13) of the Act must submit a waiver form as designated by USCIS in accordance with 8 CFR 103.2. (d) Admission of groups inadmissible under section 212(a)(28) for attendance at international conferences. When parole is authorized for an alien who will travel to the United States without a visa, the alien shall be issued an appropriate document authorizing travel. child's minority, a court of competent jurisdiction ruled that the father was 1401. (i) A Canadian citizen or other person sharing common nationality with Canada and residing in Canada who presents a Form I185 that contains a separate notation of a waiver authorization issued pursuant to 212.4 may be admitted on the basis of the waiver, provided the waiver has not expired or otherwise been revoked or voided. (g) Parole for certain Cuban nationals. 1255a note; (6) Aliens applying for adjustment of status under the Cuban Adjustment Act, Public Law 89732 (Nov. 2, 1966), as amended, 8 U.S.C. 212.22 Public charge inadmissibility determination. or its outlying possessions by the time he reaches the age of sixteen years, or WebForm 9 Irish Nationality and Citizenship Act 1956 Version 6.5 Apr 23 FORM CTZ4 Application for a Certificate of Naturalisation by a naturalised Irish citizen acting on behalf of his/her minor child Please note before completing the form: Ensure that the information you provide is true, correct and complete. The Immigration and Nationality Act of 1952 - ThoughtCo . All other inhabited lands shall be attributed to a quota area specified by the Secretary of State . HOUSE OF REPRESENTATIVES STAFF ANALYSIS BILL (5) An alien who is subject to the foreign residence requirement and who believes that compliance therewith would impose exceptional hardship upon his/her spouse or child who is a citizen of the United States or a lawful permanent resident alien, or that he or she cannot return to the country of his or her nationality or last residence because he or she will be subject to persecution on account of race, religion, or political opinion, may apply for a waiver on the form designated by USCIS. If presented on or after that date, these documents will be voided at the POE. United States at birth: (c) A person born outside of the United States (vii) Any other information which is probative of whether the detainee is likely to adjust to life in a community, is likely to engage in future acts of violence, is likely to engage in future criminal activity, or is likely to violate the conditions of his parole. An alien may meet the standard described in paragraph (c)(2)(i) of this section by providing a detailed description, along with supporting evidence: (A) Demonstrating that the alien continues to be an entrepreneur as defined in paragraph (a)(1) of this section and that his or her entity continues to be a start-up entity as defined in paragraph (a)(2) of this section; and. (iv) The detainee is not likely to violate the conditions of his parole. The Immigration and Nationality Act (INA) was enacted in 1952. d. This lengthy residence was a way to ensure that %%EOF abroad out of wedlock to a U.S. citizen mother if the child had been (2) In the case of a diversity immigrant, that the Department of State selected the alien to participate in the Diversity Visa Program for the fiscal year for which the alien registered. Custody and release pending removal hearing. possessions for a period or periods totaling five years between the ages of