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and is otherwise admissible as a returning resident under section
4311(b) of this title; or
(B) is seeking admission or adjustment of status as an immediate
relative or immigrant under section 4103(b), (c), or (d) of this title;
and
(2) has encouraged, induced, or assisted only the alien’s spouse, par-
ent, son, or daughter (and no other individual) to enter the United
States in violation of law.
§ 6307. Criminal and immoral acts
(a) GENERAL.—Each of the following aliens is ineligible for a visa and
shall be excluded from admission to the United States:
(1) an alien who has been convicted of, admits having committed, or
admits having committed acts that are the essential elements of, an of-
fense involving moral turpitude (except a purely political offense) or an
attempt or conspiracy to commit such an offense, but this clause does
not apply to an alien who has committed only one offense if—
(A) the alien committed the offense when less than 18 years of
age, and committed the offense and was released from any con-
finement to a correctional institution imposed for the offense more
than 5 years before applying for a visa or other documentation
and for admission; or
(B) the maximum imprisonment for the offense was not more
than one year and the alien was not sentenced to more than 6
months, regardless of the extent to which the sentence was finally
executed.
(2) an alien who has been convicted of, admits having committed, or
admits having committed acts that are the essential elements of, a vio-
lation of, or an attempt or conspiracy to violate, a law or regulation
of a State, the United States, or a foreign country related to a con-
trolled substance (as defined in section 102 of the Controlled Sub-
stances Act (21 U.S.C. 802)).
(3) an alien who a consular officer or an immigration officer knows
or reasonably believes is or has been—
(A) unlawfully trafficking in a controlled substance (as defined
in section 102 of the Controlled Substances Act (21 U.S.C. 802));
or
(B) knowingly assisting, abetting, conspiring, or colluding with
others in unlawfully trafficking in such a controlled substance.
(4) an alien who has been convicted of at least 2 offenses (except
purely political offenses) for which the total sentences to confinement
actually imposed were at least 5 years, regardless of whether—
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(A) the convictions were in a single trial;
(B) the offenses arose from a single scheme of misconduct; or
(C) the offenses involved moral turpitude.
(5) an alien who—
(A) is coming to the United States only, principally, or inciden-
tally to engage in prostitution, or has engaged in prostitution
within 10 years of the date of applying for a visa, admission, or
adjustment of status;
(B)(i) procures or attempts to procure individuals for prostitu-
tion;
(ii) within that 10-year period, procured or attempted to pro-
cure or to import individuals for prostitution; or
(iii) receives or, within that 10-year period, received any part of
the proceeds of prostitution; or
(C) is coming to the United States to engage in any other un-
lawful commercialized vice, whether or not related to prostitution.
(6) an alien who is coming to the United States to practice polyg-
amy.
(7) an alien—
(A) who has committed in the United States at any time—
(i) a felony;
(ii) a crime of violence (as defined in section 16 of title 18);
or
(iii) an offense of reckless driving or driving when intoxi-
cated or under the influence of alcohol or a prohibited sub-
stance if the offense involved personal injury to another;
(B) for whom immunity from criminal jurisdiction was exercised
for that offense;
(C) who as a consequence of the offense and exercise of immu-
nity has left the United States; and
(D) who subsequently has not submitted completely to the juris-
diction of the court in the United States having jurisdiction of
that offense.
(b) WAIVERS.—The Attorney General may waive subsection (a)(1), (4),
(5), or (7) of this section, or subsection (a)(2) of this section for a single
offense of simple possession of not more than 30 grams of marijuana, for
an immigrant if—
(1)(A) the Attorney General is satisfied that—
(i) the immigrant is excludable only under subsection (a)(5) (A)
or (B) of this section or the activities for which the immigrant is
excludable occurred more than 15 years before the date of the im-