161
(2) An alien who is an official of a government of a foreign country or
a purported government, or who is a candidate for election to a government
office of a foreign country during the period immediately before the election
for that office, may not be excluded or subject to restrictions or conditions
on entry under paragraph (1) of this subsection only because of the alien’s
past, current, or expected beliefs, statements, or associations, if the beliefs,
statements, or associations would be lawful in the United States.
(3) An alien not described in paragraph (2) of this subsection may not
be excluded or subject to restrictions or conditions on entry under para-
graph (1) of this subsection because of the alien’s past, current, or expected
beliefs, statements, or associations, if the beliefs, statements, or associations
would be lawful in the United States, unless the Secretary of State person-
ally decides that the alien’s admission would compromise a compelling for-
eign policy interest of the United States.
(4) If the Secretary decides under paragraph (3) of this subsection that
an alien’s admission would compromise a compelling foreign policy interest
of the United States, the Secretary shall give timely notice of the alien’s
identity and the reasons for the decision to the chairmen of the Committees
on the Judiciary and Foreign Affairs of the House of Representatives and
the Committees on the Judiciary and Foreign Relations of the Senate.
(d) MEMBERSHIP IN TOTALITARIAN PARTY.—(1) An immigrant is ineli-
gible for a visa and shall be excluded from admission to the United States
if the immigrant is or has been a member of or affiliated with the Com-
munist or any other domestic or foreign totalitarian party, including a sub-
division or affiliate of that party.
(2) Paragraph (1) of this subsection does not apply to an immigrant be-
cause of membership or affiliation if the immigrant satisfies the consular
officer when applying for a visa, or the Attorney General when applying for
admission, that the membership or affiliation is or was—
(A) involuntary;
(B) only before the alien’s 16th birthday;
(C) only by operation of law; or
(D) only to obtain employment, food rations, or other essentials of
living and the membership or affiliation is or was necessary to obtain
the employment, rations, or essentials.
(3) Paragraph (1) of this subsection does not apply to an immigrant be-
cause of membership or affiliation if the immigrant satisfies the consular
officer when applying for a visa, or the Attorney General when applying for
admission, that—
(A) the membership or affiliation ended at least—
(i) 2 years before the date of applying; or
162
(ii) 5 years before the date of applying, if the membership or
affiliation was with the party controlling the government of a for-
eign country that is a totalitarian dictatorship as of that date; and
(B) the immigrant is not a threat to the security of the United
States.
(4) The Attorney General may waive paragraph (1) of this subsection for
an immigrant for humanitarian purposes, to ensure family unity, or when
it is otherwise in the public interest, if the immigrant—
(A) is the parent, spouse, son, daughter, brother, or sister of a citi-
zen of the United States or the spouse, son, or daughter of an alien
lawfully admitted for permanent residence; and
(B) is not a threat to the security of the United States.
§ 6309. Participation in Nazi persecution or genocide
An alien is ineligible for a visa and shall be excluded from admission to
the United States if the alien—
(1) at any time during the period from March 23, 1933, through
May 8, 1945, ordered, incited, assisted, or otherwise participated in the
persecution of an individual on account of race, religion, national ori-
gin, or political opinion, under the direction of, or in association with—
(A) the Nazi government of Germany;
(B) any government in an area occupied by the military forces
of the Nazi government of Germany;
(C) any government established with the assistance or coopera-
tion of the Nazi government of Germany; or
(D) any government that was an ally of the Nazi government
of Germany; or
(2) engaged in conduct that is defined as genocide under the Inter-
national Convention on the Prevention and Punishment of Genocide.
§ 6310. Prior deportation or removal
(a) PRIOR EXCLUSION AND DEPORTATION.—An alien is ineligible for a
visa and shall be excluded from admission to the United States if the alien
has been excluded and deported and is seeking admission within one year
after the date of deportation.
(b) OTHER PRIOR DEPORTATION OR REMOVAL.—Each of the following
aliens is ineligible for a visa and shall be excluded from admission to the
United States if the alien is seeking admission within 5 years (or, if con-
victed of an aggravated felony, within 20 years) after the date of the depor-
tation or removal:
(1) an alien who has been arrested and deported.
(2) an alien who has fallen into distress and been removed under this
title or a prior law.
163
(3) an alien who has been removed as an alien enemy.
(4) an alien who has been removed at the expense of the United
States Government under section 6540(e)(1) of this title instead of
being deported.
(c) NONAPPLICATION.—Subsections (a) and (b) of this section do not
apply to an alien if the Attorney General consents, before the alien begins
to travel to the United States from a place outside the United States or
attempts to be admitted from foreign contiguous territory, to the alien’s ap-
plying or reapplying for admission.
§ 6311. Ineligibility for citizenship and evasion of military
service
(a) INELIGIBILITY FOR CITIZENSHIP.—An immigrant is ineligible for a
visa and shall be excluded from admission to the United States if the immi-
grant is permanently ineligible for citizenship.
(b) EVASION OF MILITARY SERVICE.—An alien is ineligible for a visa and
shall be excluded from admission to the United States if the alien left or
remained outside the United States to avoid or evade training or service in
the armed forces of the United States during war or a period declared by
the President to be a national emergency, unless the alien was a non-
immigrant at the time of leaving the United States and is seeking to reenter
the United States as a nonimmigrant.
§ 6312. International child abduction
(a) GENERAL.—If, after a court in the United States has granted to an
individual the custody of a child who is a citizen of the United States, an
alien detains or withholds custody of the child outside the United States
from the individual granted custody by the court, the alien is ineligible for
a visa and shall be excluded from admission to the United States until the
child is surrendered to the individual granted custody by the court.
(b) NONAPPLICATION.—Subsection (a) of this section does not apply as
long as the child is located in a foreign country whose government is a party
to the Hague Convention on the Civil Aspects of International Child Abduc-
tion.
§ 6313. Noncompliance with documentation requirements
(a) GENERAL DOCUMENTATION REQUIREMENTS.—An alien is ineligible
for a visa and shall be excluded from admission to the United States if the
alien is seeking admission as—
(1) a nonimmigrant and does not satisfy the documentation require-
ments of section 2121 of this title; or
(2) an immigrant and does not satisfy the documentation require-
ments of section 4311 of this title.