the case of a second or subsequent removal
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 Attorney General 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
Attorney General; 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 Attorney General
has consented to the alien’s reapplying for
admission. The Attorney General in the
Attorney General’s discretion may waive
the provisions of section 212(a)(9)(C)(i) in
the case of an alien to whom the Attorney
General has granted classification under
clause 
(iii), 
(iv), 
or 
(v) 
of 
section
204(a)(1)(A), or classification under clause
(ii), (iii), or (iv) of section 204(a)(1)(B), in
any case in which there is a direct connec-
tion 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
inadmissible 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 may
waive the requirements of paragraph (1) with re-
spect to a particular 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 Attorney Gen-
eral shall determine whether a ground for inadmis-
sibility exists with respect to a nonimmigrant de-
scribed in section 101(a)(15)(S). The Attorney Gen-
eral, in the Attorney General’s discretion, may waive
the application of subsection (a) (other than para-
graph (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 Immigration and Naturalization
Service from instituting removal proceedings against
an alien admitted as a nonimmigrant under section
101(a)(15)(S) for conduct committed after the
alien’s admission into the United States, or for con-
duct or a condition that was not disclosed to the At-
torney General 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 Attor-
ney General 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 Attorney General
may, except as provided in subparagraph (B) or
in section 214(f), in the discretion of the Attor-
ney General, parole into the United States a
Cuban national or, in the case of nationals of
other countries, temporarily under such condi-
tions as the Attorney General may prescribe
only on a case-by-case basis for urgent humani-
tarian reasons or significant law enforcement
reasons any alien applying for admission to the
United States, but such parole shall not be re-
garded as an admission of the alien and when
the purposes of such parole shall, in the opinion
of the Attorney General, have been served the
alien shall forthwith return or be returned 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 Attorney General may
not parole into the United States an alien for
urgent humanitarian reasons if the alien is in-
admissible under paragraph (2), (3), or (9) of
subsection (a).
‘‘(B) REFUGEES.—The Attorney General
may not parole into the United States an alien
who is a refugee unless the Attorney General