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President decides, and notifies Congress, that the waiver is in the security
interests of the United States.
SUBCHAPTER II—ADMISSION OF CERTAIN ALIENS
§ 6121. Lawfully admitted aliens returning after temporary
absence
(a) GENERAL.—The Attorney General may admit an alien who is lawfully
admitted for permanent residence and returning after a temporary absence,
without regard to section 4311(a) or subchapter I of chapter 63 of this title
(except sections 6308, 6309, and 6312), if the alien—
(1) left the United States voluntarily and not under an order of de-
portation; and
(2) is returning to a lawful unrelinquished domicile of 7 consecutive
years.
(b) OTHER AUTHORITY NOT LIMITED.—Subsection (a) of this section
does not limit the authority of the Attorney General under section 4311(b)
of this title.
(c) NONAPPLICATION TO CERTAIN FELONS.—Subsection (a) of this sec-
tion does not apply to an alien who has been convicted of, and has served
a total term of imprisonment of at least 5 years for, one or more aggravated
felonies.
§ 6122. Temporary admission of excludable nonimmigrants
(a) ISSUING NONIMMIGRANT VISAS.—An alien applying for a non-
immigrant visa who a consular officer believes is ineligible for a visa under
subchapter I of chapter 63 of this title (except sections 6308(a)(1), (3), and
(4) and (c), 6309, and 6313(a)(1)) may be issued a nonimmigrant visa and
admitted temporarily as a nonimmigrant if the Attorney General approves
a recommendation by the officer or the Secretary of State that the alien
be admitted temporarily despite the alien’s excludability.
(b) ADMISSIONS.—An alien excludable under subchapter I of chapter 63
of this title (except sections 6308(a)(1), (3), and (4) and (c), 6309, and
6313(a)(1)) may be admitted temporarily as a nonimmigrant if the alien—
(1) has the appropriate documentation; or
(2) is granted a waiver of the documentation requirements.
(c) CONDITIONS TO CONTROL ADMISSION AND RETURN.—The Attorney
General shall prescribe conditions, including filing a bond as necessary, to
control the admission and return of aliens applying for admission under this
section.
§ 6123. Temporary parole
(a) GENERAL.—Except as provided in section 2305(c) of this title, the
Attorney General, for an emergency or other reasons strictly in the public
interest, may parole temporarily into the United States an alien applying
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for admission. However, if the alien is a refugee, the Attorney General may
parole the alien only if the Attorney General finds compelling reasons in the
public interest requiring the alien to be paroled instead of admitted as a
refugee. Parole of an alien under this section—
(1) is subject to conditions the Attorney General may prescribe; and
(2) is not an admission to the United States.
(b) END OF PAROLE.—When the Attorney General is of the opinion that
the purposes of the parole have been served, the alien immediately shall re-
turn or be returned to the custody from which the alien was paroled. There-
after, the alien’s application for admission shall continue to be considered
in the same way as the application of any other alien for admission.
§ 6124. Accredited officials of foreign governments
On a reciprocal basis, an accredited official of a government of a foreign
country, and the official’s immediate family, attendants, servants, and per-
sonal employees, may be admitted for immediate and continuous transit
through the United States without regard to subchapter I of chapter 63 of
this title (except sections 6308(a)–(c) and 6313(a)(1)).
§ 6125. Alien witnesses
(a) WAIVERS.—The Attorney General may waive the requirements of sec-
tion 2121(a) of this title and the grounds of exclusion in subchapter I of
chapter 63 of this title (except section 6309) for an alien applying as a non-
immigrant classified under section 2326 of this title if the Attorney General
considers it in the national interest to do so.
(b) DEPORTATION FOR NONDISCLOSURE OR SUBSEQUENT CONDUCT.—
This section does not prevent deportation of an alien admitted as a non-
immigrant classified under section 2326 of this title for—
(1) conduct or a condition that was not disclosed to the Attorney
General before the alien’s admission as a nonimmigrant classified
under that section; or
(2) conduct committed after the alien’s admission into the United
States.
CHAPTER 63—VISA INELIGIBILITY AND EXCLUSION
SUBCHAPTER I—GROUNDS
Sec.
6301.
Fraud and misrepresentation.
6302.
Health.
6303.
Protection and guardianship of aliens excluded for health or infancy.
6304.
Public charges.
6305.
Stowaways.
6306.
Encouraging others to enter illegally.
6307.
Criminal and immoral acts.
6308.
National security.
6309.
Participation in Nazi persecution or genocide.
6310.
Prior deportation or removal.
6311.
Ineligibility for citizenship and evasion of military service.