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6312.
International child abduction.
6313.
Noncompliance with documentation requirements.
6314.
Application of exclusions to aliens leaving Guam, Puerto Rico, or the Virgin Islands.
SUBCHAPTER II—PROCEDURE
6331.
Exclusion proceedings.
6332.
Administrative appeals.
6333.
Right to counsel.
6334.
Judicial review.
6335.
Deportation of excluded aliens.
6336.
Costs of deporting excluded aliens.
SUBCHAPTER I—GROUNDS
§ 6301. Fraud and misrepresentation
(a) GENERAL.—An alien is ineligible for a visa and shall be excluded
from admission to the United States if the alien—
(1) by fraud or willful misrepresentation of a material fact obtained,
or attempted or attempts to obtain, a visa, other documentation, entry
into the United States, or another benefit under this title (except sub-
chapter I of chapter 5, subchapters II and III of chapter 131, and
chapters 133–137); or
(2) is the subject of a final order for violation of section 10125(b)
of this title.
(b) WAIVERS.—The Attorney General may waive subsection (a)(1) of this
section for an immigrant if—
(1) the immigrant is the spouse, parent, son, or daughter of a citizen
of the United States or of an immigrant lawfully admitted for perma-
nent residence; or
(2) the fraud or misrepresentation occurred at least 10 years before
the date of the immigrant’s application for a visa, entry, or adjustment
of status and the Attorney General is satisfied that the immigrant’s ad-
mission would not be contrary to the welfare, safety, or security of the
United States.
§ 6302. Health
(a) GENERAL.—An alien is ineligible for a visa and shall be excluded
from admission to the United States if the alien is found—
(1) under regulations prescribed by the Secretary of Health and
Human Services, to have a communicable disease of public health sig-
nificance or to be infected with the etiologic agent for acquired immune
deficiency syndrome;
(2) under regulations prescribed by the Secretary in consultation
with the Attorney General—
(A) to have a physical or mental disorder and behavior associ-
ated with the disorder that may pose, or has posed, a threat to
the property, safety, or welfare of the alien or others; or
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(B) to have had a physical or mental disorder and a history of
behavior associated with the disorder that has posed a threat to
the property, safety, or welfare of the alien or others and is likely
to recur or to lead to other harmful behavior; or
(3) under regulations prescribed by the Secretary, to be a drug
abuser or addict.
(b) WAIVERS.—(1) The Attorney General may waive—
(A) subsection (a)(1) of this section for an alien who—
(i) is the spouse, unmarried son, unmarried daughter, or adopt-
ed child of a citizen of the United States, of an alien lawfully ad-
mitted for permanent residence, or of an alien who has been issued
an immigrant visa; or
(ii) has a son or daughter who is a citizen of the United States,
an alien lawfully admitted for permanent residence, or an alien
who has been issued an immigrant visa; or
(B) subsection (a)(2) of this section for any alien.
(2) A waiver under this subsection is subject to any conditions, including
filing a bond, that the Attorney General may prescribe by regulation after
consultation with the Secretary.
§ 6303. Protection and guardianship of aliens excluded for
health or infancy
An alien is ineligible for a visa and shall be excluded from admission to
the United States if—
(1) the alien is accompanying another alien ordered excluded and de-
ported and certified to be helpless because of sickness, physical or men-
tal disability, or infancy under section 6104(a) of this title; and
(2) the alien’s protection or guardianship is required by the alien or-
dered excluded and deported.
§ 6304. Public charges
(a) GENERAL.—An alien is ineligible for a visa and shall be excluded
from admission to the United States if the consular officer believes, at the
time of the application for a visa, or the Attorney General believes, at the
time of the application for admission or adjustment of status, that the alien
is likely at any time to become a public charge.
(b) ADMISSION ON BOND.—(1) The Attorney General may admit an alien
excludable under subsection (a) of this section if the alien is otherwise ad-
missible and files a bond approved by the Attorney General. The bond
shall—
(A) be in an amount and contain conditions the Attorney General
prescribes; and
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(B) be for the benefit of the United States, States, territories and
possessions of the United States, and political subdivisions, holding
them harmless against the alien’s becoming a public charge.
(2) When the alien permanently leaves the United States, is naturalized,
or dies, the bond ends and the security held to secure performance, except
to the extent forfeited for a violation of the bond, shall be returned to the
person providing it or to the person’s legal representative.
(3) The Attorney General may bring a civil action on the bond in the
name of the United States for the benefit of the United States or of a State,
territory, possession, or political subdivision in which the alien is a public
charge, regardless of whether a demand for payment of public expenses has
been made.
§ 6305. Stowaways
An alien is ineligible for a visa and shall be excluded from admission to
the United States if the alien is a stowaway.
§ 6306. Encouraging others to enter illegally
(a) GENERAL.—An alien is ineligible for a visa and shall be excluded
from admission to the United States if the alien at any time knowingly en-
couraged, induced, or assisted another alien to enter or attempt to enter the
United States in violation of law.
(b) NONAPPLICATION.—Subsection (a) of this section does not apply to
an alien who—
(1) is an eligible immigrant (as defined in section 301(b) of the Im-
migration Act of 1990 (Public Law 101–649, 104 Stat. 5029));
(2) was physically present in the United States on May 5, 1988;
(3) is seeking—
(A) admission as an immediate relative;
(B) admission under section 4103(c) of this title (including
under section 112 of the Immigration Act of 1990 (Public Law
101–649, 104 Stat. 4987)); or
(C) benefits under section 301(a) of that Act (104 Stat. 5029);
and
(4) before May 5, 1988, encouraged, induced, or assisted only the
alien’s spouse, parent, son, or daughter (and no other individual) to
enter the United States in violation of law.
(c) WAIVERS.—The Attorney General may waive subsection (a) of this
section for humanitarian purposes, to ensure family unity, or when it is oth-
erwise in the public interest, for an alien who—
(1)(A) is lawfully admitted for permanent residence, temporarily left
the United States voluntarily and not under an order of deportation,