determines that compelling reasons in the pub-
lic interest with respect to that particular alien
require that the alien be paroled into the
United States rather than be admitted as a ref-
ugee under section 207.
‘‘(4) ALIENS ENTERING FROM GUAM, PUERTO
RICO, OR THE VIRGIN ISLANDS.—The provisions of
subsection (a) (other than paragraph (7)) shall be
applicable to any alien who shall leave Guam, Puerto
Rico, or the Virgin Islands of the United States, and
who seeks to enter the continental United States or
any other place under the jurisdiction of the United
States. Any alien described in this paragraph, who
is denied admission to the United States, shall be
immediately removed in the manner provided by sec-
tion 241(c) of this Act.
‘‘(5) 
FOREIGN
GOVERNMENT
OFFICIALS.—
Upon a basis of reciprocity accredited officials of
foreign governments, their immediate families, at-
tendants, servants, and personal employees may be
admitted in immediate and continuous transit
through the United States without regard to the
provisions of this section except paragraphs (3)(A),
(3)(B), (3)(C), and (7)(B) of subsection (a) of this
section.
‘‘(6) SMUGGLERS.—The Attorney General may,
in the discretion of the Attorney General for urgent
humanitarian reasons, waive application of sub-
section (a)(6)(E)(i) in the case of any alien lawfully
admitted for permanent residence who temporarily
proceeded abroad voluntarily and not under an order
of removal, and who is otherwise admissible to the
United States as a returning resident under section
211(b) if the alien has encouraged, induced, as-
sisted, abetted, or aided only an individual who at
the time of such action was the alien’s spouse, par-
ent, son, or daughter (and no other individual) to
enter the United States in violation of law.
‘‘(7) ‘T’ NONIMMIGRANTS.—
‘‘(A) 
DETERMINATION.—The 
Attorney
General shall determine whether a ground for
inadmissibility exists with respect to a non-
immigrant described in section 101(a)(15)(T).
‘‘(B) WAIVER.—In addition to any other
waiver that may be available under this section,
in the case of a nonimmigrant described in sec-
tion 101(a)(15)(T), if the Attorney General
considers it to be in the national interest to do
so, the Attorney General, in the Attorney Gen-
eral’s discretion, may waive the application of—
‘‘(i) paragraphs (1) and (4) of sub-
section (a); and
‘‘(ii) any other provision of such sub-
section (excluding paragraphs (2), (3), (8),
(9)(A), (10)(C), (10)(D), and (10)(E)) if
the activities rendering the alien inadmis-
sible under the provision were caused by
the victimization described in section
101(a)(15)(T)(i)(I).
‘‘(8) ‘U’ NONIMMIGRANTS.—
‘‘(A) 
DETERMINATION.—The 
Attorney
General shall determine whether a ground for
inadmissibility exists with respect to a non-
immigrant described in section 101(a)(15)(U).
‘‘(B) WAIVER.—In addition to any other
waiver that may be available under this section,
in the case of a nonimmigrant described in sec-
tion 101(a)(15)(U), if the Attorney General
considers it to be in the national interest to do
so, the Attorney General, in the Attorney Gen-
eral’s discretion, may waive the application of—
‘‘(i) paragraphs (1) and (4) of sub-
section (a); and
‘‘(ii) any other provision of such sub-
section (excluding paragraphs (2), (3), (8),
(9)(A), (10)(C), (10)(D), and (10)(E)) if
the activities rendering the alien inadmis-
sible under the provision were caused by
the criminal activity described in section
101(a)(15)(U)(iii).
‘‘(d) SUSPENSION OF ENTRY.—Whenever the Presi-
dent finds that the entry of any aliens or of any class of
aliens into the United States would be detrimental to the
interests of the United States, the President may by proc-
lamation, and for such period as the President shall deem
necessary, suspend the entry of all aliens or any class of
aliens as immigrants or nonimmigrants, or impose on the
entry of aliens any restrictions the President may deem
to be appropriate. Whenever the Attorney General finds
that a commercial airline has failed to comply with regula-
tions of the Attorney General relating to requirements of
airlines for the detection of fraudulent documents used by
passengers traveling to the United States (including the
training of personnel in such detection), the Attorney Gen-
eral may suspend the entry of some or all aliens trans-
ported to the United States by such airline.
‘‘(e) WAIVERS OF HEALTH-RELATED GROUNDS.—
The Attorney General may waive the application of—
‘‘(1) subsection (a)(1)(A)(i) in the case of any
alien who—
‘‘(A) is the spouse or the unmarried son or
daughter, or the minor unmarried lawfully
adopted child, of a United States citizen, or of
an alien lawfully admitted for permanent resi-
dence, or of an alien who has been issued an
immigrant visa;
‘‘(B) has a son or daughter who is a
United States citizen, or an alien lawfully ad-
mitted for permanent residence, or an alien who
has been issued an immigrant visa; or
‘‘(C) qualifies for classification under
clause (iii) or (iv) of section 204(a)(1)(A) or
classification under clause (ii) or (iii) of section
204(a)(1)(B);
in accordance with such terms, conditions, and con-
trols, if any, including the giving of bond, as the At-
torney General, in the discretion of the Attorney
General after consultation with the Secretary of
Health and Human Services, may by regulation pre-
scribe;
‘‘(2) subsection (a)(1)(A)(ii) in the case of any
alien—
‘‘(A) who receives vaccination against the
vaccine-preventable disease or diseases for
which the alien has failed to present docu-
mentation of previous vaccination;
‘‘(B) for whom a civil surgeon, medical of-
ficer, or panel physician (as those terms are de-
fined by section 34.2 of title 42, Code of Fed-
eral Regulations) certifies, according to such
regulations as the Secretary of Health and
Human Services may prescribe, that such vac-
cination would not be medically appropriate; or
‘‘(C) under such circumstances as the At-
torney General provides by regulation, with re-
spect to whom the requirement of such a vac-
cination would be contrary to the alien’s reli-
gious beliefs or moral convictions; or
‘‘(3) subsection (a)(1)(A)(iii) in the case of any
alien, in accordance with such terms, conditions, and
controls, if any, including the giving of bond, as the
Attorney General, in the discretion of the Attorney
General after consultation with the Secretary of
Health and Human Services, may by regulation pre-
scribe.
‘‘(f) 
WAIVERS
OF
CRIMINAL
AND
RELATED
GROUNDS.—The Attorney General may, in the discretion
of the Attorney General, waive the application of subpara-
graphs (A)(i)(I), (B), (D), and (E) of subsection (a)(2)
and subparagraph (A)(i)(II) of such subsection insofar as
it relates to a single offense of simple possession of 30
grams or less of marijuana if—
‘‘(1)(A) in the case of any immigrant, it is es-
tablished to the satisfaction of the Attorney General
that—
‘‘(i) the alien is inadmissible only under
subparagraph (D)(i) or (D)(ii) of such sub-
section or the activities for which the alien is
inadmissible occurred more than 15 years be-
fore the date of the alien’s application for a
visa, admission, or adjustment of status;
‘‘(ii) the admission to the United States of
such alien would not be contrary to the national
welfare, safety, or security of the United States;
and
‘‘(iii) the alien has been rehabilitated; or
‘‘(B) in the case of an immigrant who is the
spouse, parent, son, or daughter of a citizen of the
United States or an alien lawfully admitted for per-
manent residence, if it is established to the satisfac-
tion of the Attorney General that the alien’s denial
of admission would result in exceptional and ex-
tremely unusual hardship to the United States cit-
izen or lawfully resident spouse, parent, son, or
daughter of such alien; and
‘‘(2) the Attorney General, in the discretion of
the Attorney General, and pursuant to such terms,
conditions, and procedures as the Attorney General
may by regulations prescribe, has consented to the
alien’s applying or reapplying for a visa, for admis-
sion to the United States, or adjustment of status.
No waiver shall be provided under this subsection in the
case of an alien who has been convicted of (or who has
admitted committing acts that constitute) murder or
criminal acts involving torture, or an attempt or con-
spiracy to commit murder or a criminal act involving tor-
ture. No waiver shall be granted under this subsection in
the case of an alien who has previously been admitted to
the United States as an alien lawfully admitted for perma-
nent residence if either since the date of such admission
the alien has been convicted of an aggravated felony or
the alien has not lawfully resided continuously in the
United States for a period of not less than 7 years imme-
diately preceding the date of initiation of proceedings to
remove the alien from the United States. No waiver shall
be granted under this subsection in the case of any alien
who is present in the United States after the expiration
of the period of stay authorized by the Attorney General
or is present in the United States without being admitted
or paroled if either the alien has been convicted of an ag-
gravated felony committed in the United States or the
alien has not resided continuously in the United States
for a period of not less than 7 years immediately preceding
the date of initiation of proceedings to remove the alien
from the United States. No court shall have jurisdiction
to review a decision of the Attorney General to grant or
deny a waiver under this subsection.
‘‘(g) ALIENS HAVING IMMIGRANT VISAS.—Any alien,
inadmissible to the United States under paragraph (5)(A)
or (7)(A)(i) of subsection (a), who is in possession of an
immigrant visa may, if otherwise admissible, be admitted
in the discretion of the Attorney General if the Attorney
General is satisfied that inadmissibility was not known to,
and could not have been ascertained by the exercise of rea-
sonable diligence by, the immigrant before the time of de-
parture of the vessel or aircraft from the last port outside
the United States and outside foreign contiguous territory
or, in the case of an immigrant coming from foreign con-
tiguous territory, before the time of the immigrant’s appli-
cation for admission.
‘‘(h) WAIVER OF DOCUMENTATION REQUIREMENTS
FOR NONIMMIGRANTS.—
‘‘(1) IN GENERAL.—The requirement of sub-
section (a)(7)(B)(i) may be waived by the Attorney
General, the Secretary of State, and the Secretary of
the Interior, acting jointly, in the case of an alien
applying for admission as a nonimmigrant visitor for
business or pleasure and solely for entry into and
stay on Guam for a period not to exceed fifteen
days, if the Attorney General, the Secretary of State
and the Secretary of the Interior, after consultation
with the Governor of Guam, jointly determine that—
‘‘(A) an adequate arrival and departure
control system has been developed on Guam;
and
‘‘(B) such a waiver does not represent a
threat to the welfare, safety, or security of the
United States or its territories and common-
wealths.
‘‘(2) LIMITATION.—An alien may not be pro-
vided a waiver under this subsection unless the alien
has waived any right—
‘‘(A) to review or appeal under this Act of
an immigration officer’s determination as to the
admissibility of the alien at the port of entry
into Guam; or
‘‘(B) to contest, other than on the basis of
an application for asylum, any action for re-
moval of the alien.
‘‘(i) CONDITIONS ON RECEIPT OF IMMIGRANT VISAS
FOLLOWING DEPARTURE.—An alien who has been phys-
ically present in the United States shall not be eligible to
receive an immigrant visa within ninety days following de-
parture therefrom unless—
‘‘(1) the alien was maintaining a lawful non-
immigrant status at the time of such departure; or
‘‘(2) the alien is the spouse or unmarried child
of an individual who obtained temporary or perma-
nent resident status under section 210 or 245A of
the Immigration and Nationality Act or section 202
of the Immigration Reform and Control Act of 1986
at any date, who—
‘‘(A) as of May 5, 1988, was the unmar-
ried child or spouse of the individual who ob-
tained temporary or permanent resident status
under section 210 or 245A of the Immigration
and Nationality Act or section 202 of the Immi-
gration Reform and Control Act of 1986;
‘‘(B) entered the United States before May
5, 1988, resided in the United States on May
5, 1988, and is not a lawful permanent resi-
dent; and
‘‘(C) applied for benefits under section
301(a) of the Immigration Act of 1990.
‘‘(j) UNCERTIFIED FOREIGN HEALTH-CARE WORK-
ERS.—Subsection (a)(5)(C) shall not apply to an alien
who seeks to enter the United States for the purpose of
performing labor as a nurse who presents to the consular
officer (or in the case of an adjustment of status, the At-
torney General) a certified statement from the Commis-
sion on Graduates of Foreign Nursing Schools (or an
equivalent independent credentialing organization ap-
proved for the certification of nurses under subsection
(a)(5)(C) by the Attorney General in consultation with the
Secretary of Health and Human Services) that—
‘‘(1) the alien has a valid and unrestricted li-
cense as a nurse in a State where the alien intends
to be employed and such State verifies that the for-
eign licenses of alien nurses are authentic and
unencumbered;
‘‘(2) the alien has passed the National Council
Licensure Examination (NCLEX);
‘‘(3) the alien is a graduate of a nursing
program—
‘‘(A) in which the language of instruction
was English;
‘‘(B) located in a country—
‘‘(i) designated by such commission
not later than 30 days after the date of the
enactment of the Nursing Relief for Dis-
advantaged Areas Act of 1999, based on
such commission’s assessment that the
quality of nursing education in that coun-
try, and the English language proficiency
of those who complete such programs in
that country, justify the country’s designa-
tion; or
‘‘(ii) designated on the basis of such
an assessment by unanimous agreement of
such 
commission 
and 
any 
equivalent
credentialing organizations which have
been approved under subsection (a)(5)(C)
for the certification of nurses under this
subsection; and
‘‘(C)(i) which was in operation on or before
the date of the enactment of the Nursing Relief
for Disadvantaged Areas Act of 1999; or
‘‘(ii) has been approved by unanimous
agreement of such commission and any equiva-
lent credentialing organizations which have
been approved under subsection (a)(5)(C) for
the certification of nurses under this subsection.
‘‘(k) PUBLIC CHARGE GROUND FOR FAMILY-SPON-
SORED IMMIGRANTS.—In determining whether an alien
described in subsection (a)(4)(C)(i) is inadmissible under
subsection (a)(4) or ineligible to receive an immigrant visa
or otherwise to adjust to the status of permanent resident
by reason of subsection (a)(4), the consular officer or the
Attorney General shall not consider any benefits the alien
may have received that were authorized under section 501
of the Illegal Immigration Reform and Immigrant Respon-
sibility Act of 1996 (8 U.S.C. 1641(c)).’’.
(b) TECHNICAL AND CONFORMING AMENDMENTS.—
(1) The following provisions of the Immigration
and Nationality Act are amended by striking
‘‘212(e)’’ and inserting ‘‘222(h)’’:
(A) Paragraphs (1), (2)(A), and (3) of sec-
tion 214(l).
(B) Paragraphs (2) and (3)(B) of section
240A(c).
(C) Section 245A(a)(2)(C).
(D) Section 248(3).
(2) Section 214 (8 U.S.C. 1202) is amended—
(A) by redesignating subsection (p) (as
added by the Departments of Commerce, Jus-
tice, and State, the Judiciary, and Related
Agencies Appropriations Act, 2001, as enacted
into law by Public Law 106–553) as subsection
(r);
(B) by redesignating the second subsection
(o) (as added by the Departments of Com-
merce, Justice, and State, the Judiciary, and
Related Agencies Appropriations Act, 2001, as
enacted into law by Public Law 106–553) as
subsection (q);
(C) by redesignating the first subsection
(o) as subsection (p);
(D) by redesignating subsection (n) as sub-
section (o); and
(E) by redesignating the second subsection
(m) as subsection (n).
(3) Section 101(a) is amended—
(A) in paragraph (13)(B), by striking
‘‘212(d)(5)’’ and inserting ‘‘212(c)(3)’’; and
(B) in paragraph (13)(C)(v), by striking
‘‘212(h)’’ and inserting ‘‘212(f)’’.
(C) in paragraph (15)(H)—
(i) by striking ‘‘212(j)(2)’’ and insert-
ing ‘‘214(s)(2)’’;
(ii) by striking ‘‘212(n)(1)’’ and in-
serting ‘‘214(u)(1)’’;
(iii) by striking ‘‘212(m)(1)’’ and in-
serting ‘‘214(t)(1)’’;
(iv) by striking ‘‘212(m)(2)’’ and in-
serting ‘‘214(t)(2)’’; and
(v) by striking ‘‘212(m)(6)’’ and in-
serting ‘‘214(t)(6)’’;
(D) in paragraph (15)(J), by striking
‘‘212(j)’’ and inserting ‘‘214(s)’’;
(E) in paragraph (15)(K), by striking ‘‘(p)
of section 214’’ and inserting ‘‘(r) of section
214’’;
(F) in paragraph (15)(T)(i), by striking
‘‘214(n)’’ and inserting ‘‘214(o)’’;
(G) in paragraph (15)(U)(i), by striking
‘‘214(o)’’ and inserting ‘‘214(p)’’; and
(H) in paragraph (15)(V), by striking
‘‘214(o)’’ and inserting ‘‘214(q)’’.
(4) Section 201(c)(4) is amended by striking
‘‘212(d)(5)’’ and inserting ‘‘212(c)(3)’’.
(5) Section 214(a)(1) is amended by striking
‘‘212(l)’’ and inserting ‘‘212(h)’’.
105
(i) shall have the right to petition any
Federal court for an arrest warrant for the
arrest of the visa holder;
(ii) shall forthwith be provided a cer-
tified copy of the arrest warrant and the
undertaking; and
(iii) shall have the right to pursue, ap-
prehend, detain, and deliver the visa hold-
er, together with the certified copy of the
arrest warrant and the undertaking, to any
official or facility of the Immigration and
Naturalization Service or any detention fa-
cility authorized to hold Federal detainees.
(B) EFFECTS OF DELIVERY.—Upon deliv-
ery of a person under subparagraph (A)(iii)—
(i) the official to whom the delivery is
made shall detain the visa holder in cus-
tody and issue a written certificate of sur-
render; and
(ii) the court issuing the warrant de-
scribed in subparagraph (A)(i) and the At-
torney General shall immediately exonerate
the surety and bail agent from any further
liability on the bond.