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migrant’s application for a visa, admission, or adjustment of sta-
tus;
(ii) the immigrant’s admission would not be contrary to the wel-
fare, safety, or security of the United States; and
(iii) the immigrant has been rehabilitated; or
(B) the immigrant is the spouse, parent, son, or daughter of a citi-
zen of the United States or of an alien lawfully admitted for permanent
residence and the Attorney General is satisfied that the immigrant’s ex-
clusion would result in extreme hardship to the citizen or to the alien
lawfully admitted for permanent residence;
(2) the Attorney General consents (subject to conditions and proce-
dures the Attorney General may prescribe by regulation) to the immi-
grant’s applying or reapplying for a visa, admission, or adjustment of
status; and
(3) the immigrant has not been convicted of, or admitted committing
acts that constitute, murder or a criminal act involving torture or an
attempt or conspiracy to commit murder or a criminal act involving
torture.
§ 6308. National security
(a) GENERAL.—An alien is ineligible for a visa and shall be excluded
from admission to the United States if a consular officer or the Attorney
General knows or reasonably believes that the alien seeks to enter the
United States to engage only, principally, or incidentally in—
(1) an activity to violate a law of the United States related to espio-
nage or sabotage;
(2) an activity to violate or evade a law prohibiting the export from
the United States of goods, technology, or sensitive information;
(3) an activity a purpose of which is to oppose, control, or overthrow
the United States Government by force, violence, or other unlawful
means; or
(4) any other unlawful activity.
(b) TERRORIST ACTIVITIES.—(1) In this subsection—
(A) ‘‘terrorist activity’’ means an activity that is unlawful under the
laws of the place where the activity is committed or that, if committed
in the United States, would be unlawful under the laws of the United
States or any State, and that involves—
(i) highjacking or sabotaging a vessel, aircraft, vehicle, or other
conveyance;
(ii) seizing or detaining, and threatening to kill, injure, or con-
tinue to detain, another individual to compel a third person (in-
cluding a governmental entity) to do or abstain from doing an act
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as an explicit or implicit condition for the release of the individual
seized or detained;
(iii) a violent attack on an internationally protected person (as
defined in section 1116(b)(4) of title 18) or on the liberty of such
a person;
(iv) an assassination;
(v) the use, with intent to endanger the safety of an individual
or to cause substantial damage to property, of a biological agent,
chemical agent, nuclear weapon or device, or, except only for per-
sonal monetary gain, an explosive or firearm; or
(vi) a threat, attempt, or conspiracy to do an activity described
in subclauses (i)–(v) of this clause.
(B) ‘‘engage in terrorist activity’’ means to commit, in an individual ca-
pacity or as a member of an organization, a terrorist activity or an act that
the actor knows or reasonably should know gives material support to an in-
dividual, organization, or government in conducting a terrorist activity at
any time, including—
(i) preparing or planning a terrorist activity;
(ii) gathering information on potential targets for terrorist activity;
(iii) providing any type of material support, including a safe house,
transportation, communication, money, false identification, weapon, ex-
plosive, or training, to an individual the actor knows or reasonably
should know has committed or plans to commit a terrorist activity;
(iv) soliciting money or another thing of value for a terrorist activity
or a terrorist organization; or
(v) soliciting an individual for membership in a terrorist organization
or terrorist government or to engage in a terrorist activity.
(C) an alien who is an officer, official, representative, or spokesperson of
the Palestine Liberation Organization is deemed under subparagraph (B) of
this paragraph to be engaged in a terrorist activity.
(2) An alien is ineligible for a visa and shall be excluded from admission
to the United States if—
(A) the alien has engaged in a terrorist activity; or
(B) a consular officer or the Attorney General knows or reasonably
believes that the alien is likely to engage in a terrorist activity after
entry.
(c) FOREIGN POLICY.—(1) An alien is ineligible for a visa and shall be
excluded from admission to the United States if the Secretary of State rea-
sonably believes that the alien’s entry or proposed activities in the United
States would have potentially serious adverse foreign policy consequences for
the United States.