or at any time in the case of an alien con-
victed of an aggravated felony) is inadmis-
sible. 
‘‘(B) ALIENS UNLAWFULLY PRESENT.— 
‘‘(i) IN GENERAL.—Any alien (other 
than an alien lawfully admitted for perma-
nent residence) who— 
‘‘(I) was unlawfully present in 
the United States for a period of more 
than 180 days but less than 1 year, 
voluntarily departed the United States 
(whether or not pursuant to section 
244(e)) prior to the commencement of 
proceedings under section 235(b)(1) 
or section 240, and again seeks ad-
mission within 3 years of the date of 
such alien’s departure or removal; or 
‘‘(II) has been unlawfully present 
in the United States for one year or 
more, and who again seeks admission 
within 10 years of the date of such 
alien’s departure or removal from the 
United States, 
is inadmissible.
‘‘(ii) CONSTRUCTION
OF
UNLAWFUL 
PRESENCE.—For purposes of this para-
graph, an alien is deemed to be unlawfully 
present in the United States if the alien is 
present in the United States after the expi-
ration of the period of stay authorized by 
the Secretary of Homeland Security or is 
present in the United States without being 
admitted or paroled. 
‘‘(iii) EXCEPTIONS.— 
‘‘(I) MINORS.—No period of time 
in which an alien is under 18 years of 
age shall be taken into account in de-
termining the period of unlawful pres-
ence in the United States under 
clause (i). 
‘‘(II) ASYLEES.—No period of 
time in which an alien has a bona fide 
application for asylum pending under 
section 208 shall be taken into ac-
count in determining the period of un-
lawful presence in the United States 
under clause (i) unless the alien dur-
ing such period was employed without 
authorization in the United States.
‘‘(III) FAMILY
UNITY.—No pe-
riod of time in which the alien is a 
beneficiary of family unity protection 
pursuant to section 301 of the Immi-
gration Act of 1990 shall be taken 
into account in determining the period 
of unlawful presence in the United 
States under clause (i). 
‘‘(IV) BATTERED
WOMEN
AND 
CHILDREN.—Clause (i) shall not apply 
to an alien who would be described in 
paragraph (6)(A)(ii) if ‘violation of 
the terms of the alien’s nonimmigrant 
visa’ were substituted for ‘unlawful 
entry into the United States’ in sub-
clause (III) of that paragraph. 
‘‘(iv) TOLLING FOR GOOD CAUSE.—In 
the case of an alien who— 
‘‘(I) has been lawfully admitted 
or paroled into the United States; 
‘‘(II) has filed a nonfrivolous ap-
plication for a change or extension of 
status before the date of expiration of 
the period of stay authorized by the 
Secretary of Homeland Security; and
‘‘(III) has not been employed 
without authorization in the United 
States before or during the pendency 
of such application, 
the calculation of the period of time speci-
fied in clause (i)(I) shall be tolled during 
the pendency of such application, but not 
to exceed 120 days. 
‘‘(C) 
ALIENS
UNLAWFULLY
PRESENT 
AFTER PREVIOUS IMMIGRATION VIOLATIONS.— 
‘‘(i) IN GENERAL.—Any alien who— 
‘‘(I) has been unlawfully present 
in the United States for an aggregate 
period of more than 1 year; or 
‘‘(II) has been ordered removed 
under section 235(b)(1), section 240, 
or any other provision of law, 
and who enters or attempts to reenter the 
United States without being admitted is 
inadmissible. 
‘‘(ii) EXCEPTION.—Clause (i) shall 
not apply to an alien seeking admission 
more than 10 years after the date of the 
alien’s last departure from the United 
States if, prior to the alien’s reembar-
kation at a place outside the United States 
or attempt to be readmitted from a foreign 
contiguous territory, the Secretary of 
Homeland Security has consented to the 
alien’s reapplying for admission. The Sec-
retary of Homeland Security in the Sec-
retary’s discretion may waive the provi-
sions of section 212(a)(9)(C)(i) in the case 
of an alien to whom the Secretary has 
granted classification under clause (iii), 
(iv), or (v) of section 204(a)(1)(A), or clas-
sification under clause (ii), (iii), or (iv) of 
section 204(a)(1)(B), in any case in which 
there is a direct connection between— 
‘‘(I) the alien’s having been bat-
tered or subjected to extreme cruelty; 
and 
‘‘(II) the alien’s— 
‘‘(aa) removal; 
‘‘(bb) departure from the 
United States; 
‘‘(cc) reentry or reentries 
into the United States; or 
‘‘(dd) attempted reentry into 
the United States.
‘‘(10) MISCELLANEOUS.— 
‘‘(A) PRACTICING POLYGAMISTS.—Any im-
migrant who is coming to the United States to 
practice polygamy is inadmissible. 
‘‘(B) GUARDIAN REQUIRED TO ACCOMPANY 
HELPLESS ALIEN.—Any alien— 
‘‘(i) who is accompanying another 
alien who is inadmissible and who is cer-
tified to be helpless from sickness, mental 
or physical disability, or infancy pursuant 
to section 232(c); and 
‘‘(ii) whose protection or guardianship 
is determined to be required by the alien 
described in clause (i), 
is inadmissible. 
‘‘(C) 
INTERNATIONAL
CHILD
ABDUC-
TION.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), any alien who, after 
entry of an order by a court in the United 
States granting custody to a person of a 
United States citizen child who detains or 
retains the child, or withholds custody of 
the child, outside the United States from 
the person granted custody by that order,
is inadmissible until the child is surren-
dered to the person granted custody by 
that order. 
‘‘(ii) ALIENS SUPPORTING ABDUCTORS 
AND
RELATIVES
OF
ABDUCTORS.—Any 
alien who— 
‘‘(I) is known by the Secretary of 
State to have intentionally assisted an 
alien in the conduct described in 
clause (i); 
‘‘(II) is known by the Secretary 
of State to be intentionally providing 
material support or safe haven to an 
alien described in clause (i); or 
‘‘(III) is a spouse (other than the 
spouse who is the parent of the ab-
ducted child), child (other than the 
abducted child), parent, sibling, or 
agent of an alien described in clause 
(i), if such person has been designated 
by the Secretary of State at the Sec-
retary’s sole and unreviewable discre-
tion, is inadmissible until the child de-
scribed in clause (i) is surrendered to 
the person granted custody by the
order described in that clause, and 
such person and child are permitted 
to return to the United States or such 
person’s place of residence. 
‘‘(iii) EXCEPTIONS.—Clauses (i) and 
(ii) shall not apply— 
‘‘(I) to a government official of 
the United States who is acting within 
the scope of his or her official duties; 
‘‘(II) to a government official of 
any foreign government if the official 
has been designated by the Secretary 
of State at the Secretary’s sole and 
unreviewable discretion; or 
‘‘(III) so long as the child is lo-
cated in a foreign state that is a party 
to the Convention on the Civil Aspects 
of 
International 
Child 
Abduction, 
done at The Hague on October 25, 
1980. 
‘‘(D) UNLAWFUL VOTERS.— 
‘‘(i) IN GENERAL.—Any alien who has 
voted in violation of any Federal, State, or 
local constitutional provision, statute, ordi-
nance, or regulation is inadmissible.
‘‘(ii) EXCEPTION.—In the case of an 
alien who voted in a Federal, State, or 
local election (including an initiative, re-
call, or referendum) in violation of a lawful 
restriction of voting to citizens, if each nat-
ural parent of the alien (or, in the case of 
an adopted alien, each adoptive parent of 
the alien) is or was a citizen (whether by 
birth or naturalization), the alien perma-
nently resided in the United States prior to 
attaining the age of 16, and the alien rea-
sonably believed at the time of such viola-
tion that he or she was a citizen, the alien 
shall not be considered to be inadmissible 
under any provision of this subsection 
based on such violation. 
‘‘(E) FORMER CITIZENS WHO RENOUNCED 
CITIZENSHIP.—Any alien who is a former cit-
izen of the United States who officially re-
nounced United States citizenship is inadmis-
sible. 
‘‘(b) NOTICES OF DENIALS.— 
‘‘(1) IN GENERAL.—Subject to paragraphs (2) 
and (3), if an alien’s application for a visa, for ad-
mission to the United States, or for adjustment of
status is denied by an immigration or consular offi-
cer because the officer determines the alien to be in-
admissible under subsection (a), the officer shall 
provide the alien with a timely written notice that— 
‘‘(A) states the determination; and 
‘‘(B) lists the specific provision or provi-
sions of law under which the alien is excludable 
or ineligible for entry or adjustment of status. 
‘‘(2) WAIVER.—The Secretary of State or the 
Secretary of Homeland Security may waive the re-
quirements of paragraph (1) with respect to a par-
ticular alien or any class or classes of inadmissible 
aliens. 
‘‘(3) INAPPLICABILITY.—Paragraph (1) does 
not apply to any alien inadmissible under paragraph 
(2) or (3) of subsection (a). 
‘‘(c) SPECIAL RULES.— 
‘‘(1) ‘S’ NONIMMIGRANTS.—The Secretary of 
Homeland Security shall determine whether a 
ground for inadmissibility exists with respect to a 
nonimmigrant described in section 101(a)(15)(S). 
The Secretary, in the Secretary’s discretion, may 
waive the application of subsection (a) (other than 
paragraph (3)(E)) in the case of a nonimmigrant de-
scribed in section 101(a)(15)(S), if the Attorney
General considers it to be in the national interest to 
do so. Nothing in this section shall be regarded as 
prohibiting the Secretary from instituting removal 
proceedings against an alien admitted as a non-
immigrant under section 101(a)(15)(S) for conduct 
committed after the alien’s admission into the 
United States, or for conduct or a condition that 
was not disclosed to the Secretary prior to the 
alien’s admission as a nonimmigrant under section 
101(a)(15)(S). 
‘‘(2) DOCUMENTARY REQUIREMENTS FOR NON-
IMMIGRANTS.—Either or both of the requirements of 
subsection (a)(7)(B)(i) may be waived by the Sec-
retary of Homeland Security and the Secretary of 
State acting jointly— 
‘‘(A) on the basis of unforeseen emergency 
in individual cases; or 
‘‘(B) in the case of aliens proceeding in im-
mediate and continuous transit through the 
United States under contracts authorized in 
section 238(c). 
‘‘(3) PAROLE.— 
‘‘(A) IN
GENERAL.—The Secretary of 
Homeland Security may, except as provided in 
subparagraph (B) or in section 214(f), in the
discretion of the Secretary, parole into the 
United States a Cuban or Iraqi national or, in 
the case of nationals of other countries, tempo-
rarily under such conditions as the Secretary 
may prescribe only on a case-by-case basis for 
urgent humanitarian reasons or significant law 
enforcement reasons any alien applying for ad-
mission to the United States, but such parole 
shall not be regarded as an admission of the 
alien and when the purposes of such parole 
shall, in the opinion of the Secretary, have been 
served the alien shall forthwith return or be re-
turned to the custody from which the alien was 
paroled and thereafter the case shall continue 
to be dealt with in the same manner as that of 
any other applicant for admission to the United 
States. Parole on a temporary basis cannot ex-
ceed 120 days, unless for a significant law en-
forcement reason. The Secretary may not pa-
role into the United States an alien for urgent 
humanitarian reasons if the alien is inadmis-
sible under paragraph (2), (3), or (9) of sub-
section (a). 
‘‘(B) 
REFUGEES.—The 
Secretary 
of 
Homeland Security may not parole into the
United States an alien who is a refugee unless 
the Secretary determines that compelling rea-
sons in the public interest with respect to that 
particular alien require that the alien be pa-
roled into the United States rather than be ad-
mitted as a refugee 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 Secretary may, in the 
discretion of the Secretary for urgent humanitarian 
reasons, waive application of subsection (a)(6)(E)(i) 
in the case of any alien lawfully admitted for perma-
nent 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, assisted, abetted, or 
aided only an individual who at the time of such ac-
tion was the alien’s spouse, parent, son, or daughter 
(and no other individual) to enter the United States 
in violation of law. 
‘‘(7) ‘T’ NONIMMIGRANTS.— 
‘‘(A) DETERMINATION.—The Secretary of 
Homeland Security shall determine whether a 
ground for inadmissibility exists with respect to 
a 
nonimmigrant 
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 Secretary of Home-
land Security considers it to be in the national 
interest to do so, the Secretary, in the Sec-
retary’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 Secretary of 
Homeland Security shall determine whether a 
ground for inadmissibility exists with respect to 
a 
nonimmigrant 
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 Secretary of Home-
land Security considers it to be in the national 
interest to do so, the Secretary, in the Sec-
retary’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 Secretary of Homeland 
Security finds that a commercial airline has failed to com-
ply with regulations of the Secretary relating to require-
ments of airlines for the detection of fraudulent documents 
used by passengers traveling to the United States (includ-
ing the training of personnel in such detection), the Sec-
retary may suspend the entry of some or all aliens trans-
ported to the United States by such airline. 
‘‘(e) WAIVERS OF HEALTH-RELATED GROUNDS.— 
‘‘(1) IN GENERAL.—The Secretary of Homeland 
Security may waive the application of— 
‘‘(A) subsection (a)(1)(A)(i) in the case of 
any alien who— 
‘‘(i) 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 residence, or of an alien who 
has been issued an immigrant visa; 
‘‘(ii) has a son or daughter who is a 
United States citizen, or an alien lawfully 
admitted for permanent residence, or an 
alien who has been issued an immigrant 
visa; or 
‘‘(iii) 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 
controls, if any, including the giving of bond, as 
the Secretary of Homeland Security, in the dis-
cretion of such Secretary after consultation 
with the Secretary of Health and Human Serv-
ices, may by regulation prescribe; 
‘‘(B) subsection (a)(1)(A)(ii) in the case of 
any alien— 
‘‘(i) who receives vaccination against 
the vaccine-preventable disease or diseases 
for which the alien has failed to present 
documentation of previous vaccination; 
‘‘(ii) for whom a civil surgeon, medical 
officer, or panel physician (as those terms 
are defined by section 34.2 of title 42, 
Code of Federal Regulations) certifies, ac-
cording to such regulations as the Sec-
retary of Health and Human Services may 
prescribe, that such vaccination would not 
be medically appropriate; or 
‘‘(iii) under such circumstances as the 
Secretary of Homeland Security provides 
by regulation, with respect to whom the re-
quirement of such a vaccination would be 
contrary to the alien’s religious beliefs or 
moral convictions; or 
‘‘(C) subsection (a)(1)(A)(iii) in the case of 
any alien, in accordance with such terms, condi-
tions, and controls, if any, including the giving 
of bond, as the Secretary of Homeland Secu-
rity, in the discretion of such Secretary after 
consultation with the Secretary of Health and 
Human Services, may by regulation prescribe. 
‘‘(2) CERTIFICATE OF INSURANCE.—A waiver 
shall not be granted under this subsection unless the 
applicant has presented to the Secretary of Home-
land Security a valid certificate of insurance cov-
ering all medical and hospital expenses that might 
be incurred during the period such alien has been 
admitted to the United States. 
‘‘(f) 
WAIVERS
OF
CRIMINAL
AND
RELATED 
GROUNDS.—The Secretary of Homeland Security may, in 
the discretion of the Secretary, waive the application of 
subparagraphs (A)(i)(I), (B), (D), and (E) of subsection 
(a)(2) and subparagraph (A)(i)(II) of such subsection in-
sofar 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 Secretary of 
Homeland Security 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 Secretary that the alien’s denial of ad-
mission would result in exceptional and extremely 
unusual hardship to the United States citizen or 
lawfully resident spouse, parent, son, or daughter of 
such alien; and 
‘‘(2) the Secretary, in the discretion of the Sec-
retary, and pursuant to such terms, conditions, and 
procedures as the Secretary may by regulations pre-
scribe, has consented to the alien’s applying or re-
applying for a visa, for admission 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 Secretary of Home-
land Security or is present in the United States without 
being admitted or paroled if either the alien has been con-
victed of an aggravated 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 imme-
diately 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 Secretary of 
Homeland Security 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 Secretary of Homeland if the Sec-
retary 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 Secretary 
of Homeland Security, the Secretary of State, and 
the Secretary of the Interior, acting jointly, in the 
case of an alien applying for admission as a non-
immigrant visitor for business or pleasure and solely 
for entry into and stay on Guam for a period not to 
exceed fifteen days, if the Secretary of Homeland 
Security, the Secretary of State and the Secretary of