Part Nine: Discretionary Authority with Respect to Removal/Inadmissibility of Certain Aliens

· Gives Immigration Judges and DHS officers discretion to terminate removal proceedings or waive inadmissibility with respect to a request for admission, respectively, in cases in which:

o Not doing so would be contrary to public interest;

o There would otherwise be hardship to the noncitizen’s U.S. citizen or LPR parent, spouse, or child; or

o The non-citizen is prima facie eligible for naturalization.

o The waiver is not available to individuals who are subject to removal or are inadmissible based on a wide range of criminal and national security grounds, including convictions for aggravated felonies.

· Creates an exception to reinstatement of removal orders for individuals under 18 years of age or where reinstatement would be contrary to public interest or would result in hardship to the alien’s citizen or permanent resident parent, spouse, or child.

Limits the impact of the unlawful presence bars found at INA § 212(a)(9)(B) and (C):

o Expands eligibility for the waiver of the three– and ten-year bars to those who are parents of U.S. citizens or LPRs and strikes “extreme” from the waiver’s hardship standard;

o Adds that beneficiaries of approved H nonimmigrant visa petitions who earned a baccalaureate or higher degree from a U.S. institution and were under the age of 16 upon initial entry into the U.S. are eligible for a waiver of inadmissibility.

· Limits scope of inadmissibility for misrepresentation and false claims to U.S. citizenship.

o Adds a three-year limit on past misrepresentations.

o Requires that false claims to citizenship be “knowing” and exempts children under 18 and those without the mental capacity to knowingly make a false claim.

o Creates a new, non-reviewable waiver for misrepresentations and false claims that applies to noncitizens in or outside the United States; that is based upon extreme hardship to the noncitizen or a qualifying relative; that in VAWA cases is based upon significant hardship to the noncitizen or qualifying relative; and eliminates existing section 212(i) waiver.

o Applies the new inadmissibility provisions for false claims to citizenship to the deportability provisions.

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