[Federal Register Volume 62, Number 248 (Monday, December 29, 1997)]
[Rules and Regulations]
[Pages 67564-67568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33257]
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DEPARTMENT OF STATE
Bureau of Consular Affairs
22 CFR Part 40
[Public Notice 2666]
Visas: Grounds of Ineligibility
AGENCY: Bureau of Consular Affairs, Department of State.
ACTION: Interim rule with request for comments.
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SUMMARY: This rule implements the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (IIRIRA). The act adds new grounds
of inadmissibility to the United States for: certain aliens who have
not been inoculated against infectious diseases designated by statute
or by the Advisory Committee for Immunization Practices (ACIP); aliens
who have been subject to certain civil penalties; alien student visa
abusers; aliens present in the United States without admission or
parole; aliens who fail to attend removal proceedings; unlawful alien
voters; and former citizens who renounced United States citizenship in
order to avoid paying taxes. Some of the sections cited above also
provide for waivers of a number of grounds of inadmissibility. The rule
also incorporates into the Department's regulations a delegation of
authority from the Immigration and Naturalization Service pertaining to
waivers of inadmissibility under Sec. 212(a)(1)(A)(ii) of the
Immigration and Nationality Act (INA), as amended. Finally, this rule
makes a few miscellaneous technical corrections.
DATES: Effective Dates:
Sec. 40.11 September 30, 1996
Sec. 40.22 September 30, 1997.
Sec. 40.52 September 30, 1996
Sec. 40.61 April 1, 1997
Sec. 40.62 April 1, 1997
Sec. 40.66 September 30, 1996
Sec. 40.67 November 30, 1996
Sec. 40.91 April 1, 1997
Sec. 40.92 April 1, 1997
Sec. 40.93 April 1, 1997
Sec. 40.104 September 30, 1996
Sec. 40.105 September 30, 1996
Comment Date: Written comments must be submitted on or before
February 27, 1998.
ADDRESSES: Written comments may be addressed to the Chief, Legislation
and Regulations Division, Visa Office, Room L603-C, SA-1, Washington,
D.C. 20520-0106.
FOR FURTHER INFORMATION CONTACT: H. Edward Odom, Chief, Legislation and
Regulations Division, (202) 663-1204.
SUPPLEMENTARY INFORMATION: Some of the provisions of IIRIRA implemented
by this rule became effective on the date of enactment, September 30,
1996. Others became effective on November 30, 1996. Still others became
effective on April 1, 1997. Therefore, in order to coincide with the
effective dates mandated by Congress, the effective dates are listed in
the DATES section of this document. Division ``C'' of the Omnibus
Consolidated Appropriations Act, 1997 (the Illegal Immigration Reform
and Alien Responsibility Act of 1996 (IIRIRA)), made substantial
changes and additions to the INA affecting numerous regulations at 22
CFR, Subchapter E. On November 21, 1996, the Department published a
final rule [61 FR 59182] to restructure the numbering of 22 CFR Part 40
in light of these additions. This rule incorporates changes to those
sections of Part 40 shown in the table below.
------------------------------------------------------------------------
IIRIRA Section
22 CFR Part Affected Heading No.
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Sec. 40.11................... Medical Grounds of Sec. 341
Ineligibility.
Sec. 40.22(b)................ Suspended Sentences... Sec. 322
Sec. 40.52................... Unqualified Physicians N/A (typographic
correction)
Sec. 40.61................... Aliens Present Without Sec. 301
Admission or Parole.
[[Page 67565]]
Sec. 40.62................... Failure to Attend Sec. 301
Removal Proceedings.
Sec. 40.66................... Aliens Subject of Sec. 345
Civil Penalty.
Sec. 40.67................... Student Visa Abusers.. Sec. 346
Sec. 40.91................... Certain Aliens Sec. 301
Previously Removed.
Sec. 40.92................... Aliens Unlawfully Sec. 301
Present.
Sec. 40.93................... Aliens Unlawfully Sec. 301
Present After
Previous Immigration
Violations.
Sec. 40.104.................. Unlawful Voters....... Sec. 347
Sec. 40.105.................. Former Citizens Who Sec. 352
Renounced Citizenship
to Avoid Taxation.
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22 CFR 40.11--Medical Grounds of Ineligibility
Section 341 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 amended the medical grounds of visa
ineligibility under INA 212(a)(1)(A) to render inadmissible under INA
212(a)(1)(A)(ii) all applicants for immigrant visas and adjustment of
status who fail to present documentation showing that they have been
vaccinated against a broad range of vaccine-preventable diseases. The
amendments to INA 212(a)(1)(A) by section 341 of IIRIRA became
effective on the date of enactment, September 30, 1996. The diseases,
as specifically identified in the statute are: mumps, measles, rubella,
polio, tetanus and diphtheria toxoids, pertussis, influenza type B and
hepatitis B ``and any other diseases which are designated by the
Advisory Committee for Immunization Practices (ACIP).'' Section 341 of
IIRIRA also prescribed new waiver provisions at INA 212(g)(2) for
aliens: (1) who were initially missing required vaccinations but who
subsequently obtained them; or (2) for whom one or more of the required
vaccinations would be medically inappropriate as certified by the
reviewing civil surgeon or panel physician in accordance with
regulations established by the Department of Health and Human Services;
or (3) who establish to the satisfaction of the Attorney General that
compliance with the vaccination requirements under INA 212(a)(1)(A)(ii)
would be contrary to the alien's religious beliefs or moral
convictions. In its conference report, Congress indicated that the
waiver authority of INA 212(g)(2) should be exercised in appropriate
cases to permit admission where, for example: (1) the alien is unable
to receive a safe dosage of a particular vaccine; (2) it is certified
that the vaccine is unavailable in the alien's country of nationality;
(3) an alien child undergoing a vaccination series over a given course
of time has not had a reasonable opportunity to complete the required
series; or (4) the alien is an active member of a religious faith that
has notified the Attorney General that such vaccination(s) would
contradict the fundamental tenets of the alien's religion.
The Department of State and the Immigration and Naturalization
Service (INS) anticipate that large numbers of immigrant visa
applicants will be rendered ineligible for visa issuance under the
provisions of INA 212(a)(1)(A)(ii) but will routinely be eligible for
waivers either because they initially did not have a required
vaccination, but subsequently obtained it, or because the panel
physician certified, in compliance with the HHS regulations, that a
particular vaccination ``would not be medically appropriate.'' To
minimize the administrative burden on INS and State, section 40.11(c)
of this rule incorporates into the Department's regulations INS's
delegation to consular officers of the authority to grant waivers of
inadmissibility under INA 212(g)(2)(A) and (B). Under this delegation
by INS, no waiver application (currently INS Form I-601) or fee is
required, and consular officers may grant waivers under INA
212(g)(2)(A) and (B) without consulting with INS beforehand. INS has
not delegated the authority to grant waivers under 212(g)(2)(C) for
religious/moral reasons, however. Consistent with the statute, these
waiver requests will be processed by INS on a case-by-case basis
pursuant to regulations published by the Attorney General.
22 CFR 40.22--Suspended Sentences
Section 322 of IIRIRA amended section 101(a) of the INA by adding
new paragraph 101(a)(48) which defines ``conviction'' and ``term of
imprisonment.'' The new language of INA 101(a)(48)(B) is applicable to
convictions and sentences at any time and directs that ``any reference
to a term of imprisonment or a sentence with respect to an offense is
deemed to include the period of incarceration or confinement ordered by
a court of law regardless of any suspension of the imposition or
execution of that imprisonment or sentence in whole or part.'' Under
United States criminal law, courts may either impose a sentence or
suspend imposition of the sentence. In Matter of Castro, 19 I&N Dec.
692 (BIA 1988), the Board of Immigration Appeals held that, when the
imposition of a sentence is suspended no sentence has actually been
imposed. This decision was codified at 22 CFR 40.22(b), but has now
been effectively reversed by new INA paragraph 101(a)(48). Accordingly,
the regulation at 22 CFR 40.22(b) is being removed, and 22 CFR
40.22(c), (d), (e), and (f) are being redesignated (b), (c), (d), and
(e), respectively.
22 CFR 40.52--Unqualified Physicians
A technical correction is made to 22 CFR 40.52 changing the
incorrect reference cite ``INA 203(a)(2) and (3)'' to read ``INA
203(b)(2) and (3).''
22 CFR 40.61--Aliens Present Without Admission or Parole
Section 301(a), (b), and (d) of IIRIRA replaced the terms ``entry''
and ``excludable'' with ``admission'' and ``inadmissibility'' (see INA
101(a)(13) and 212(a)(6)(A) and (B)), and replaced the term
``deportation'' with ``removal'' (see INA 212(a)(9)).
Section 301(c) of IIRIRA essentially moved the former provisions of
INA 212(a)(6)(A) and (B) to a new subparagraph (9)(A), and modified
them by substituting new provisions relating to admissions at INA
subparagraphs 212(a)(6)(A) and (B). The first of these, INA
212(a)(6)(A), makes inadmissible an alien who is in the United States
without having been admitted or paroled or who has come into this
country at a place other than a designated port of entry. This
provision is written in the present tense and is designed to make the
aliens described therein subject to grounds of inadmissibility rather
than grounds of deportation. INA 212(a)(6)(A) applies only to aliens
who are present in the United States. Thus, in the absence of an order
of removal, it has no direct effect on the eligibility for a visa of an
alien at a consular post and the regulation being added at 22 CFR 40.61
so states.
[[Page 67566]]
22 CFR 40.62--Failure To Attend Removal Proceedings
New INA 212(a)(6)(B) provides that an alien who, without reasonable
cause, fails or refuses to attend or remain in attendance at removal
proceedings shall be inadmissible for five years following departure or
removal. Such an alien is thus also ineligible for a visa for that
period of time. This ground of inadmissibility is being applied only to
those aliens placed in removal proceedings on or after April 1, 1997,
as set forth in INA 240, which was added by section 304(a) of IIRIRA.
Regulations pertaining to revised INA 212(a)(6) are being added to
22 CFR 40.61 and 40.62.
22 CFR 40.66--Subject of Civil Penalty
The Immigration Act of 1990, Pub. L. 101-649, added as a new ground
of visa ineligibility, INA 212(a)(6)(F) rendering inadmissible any
alien who is the subject of a final removal order for violating INA
274C relating to civil penalties for document fraud. INA 274C provides
civil penalties for persons determined by an administrative law judge
to have been involved in virtually any activity involving forged,
altered or stolen documents used to meet a requirement or obtain a
benefit under the INA. Section 345 of IIRIRA amended INA 212(a)(6)(F)
by designating this ground of inadmissibility as subsection (F)(i) and
creating a new subsection (F)(ii) providing for waivers of (F)(i)
inadmissibilities under new INA 212(d)(12). (Waivers of the INA
212(a)(6)(F) (now (F)(i)) ground of inadmissibility were not available
prior to the enactment of IIRIRA). Under INA 212(d)(12), the Attorney
General may waive this ineligibility for certain permanent residents
who have temporarily proceeded abroad voluntarily and not under an
order of deportation or removal and are otherwise admissible to the
United States as returning residents, and for aliens seeking admission
or adjustment as immediate relatives or family-based beneficiaries, if
the offense was committed solely to assist the alien's spouse or child
and no previous civil money penalty was imposed against the alien under
INA section 274C. The Department is, therefore, adding new regulations
at 22 CFR 40.66 with respect to this new ground of inadmissibility and
to provide for the above waiver.
22 CFR 40.67--Student Visa Abusers
Section 346 of IIRIRA added a new ground of inadmissibility for
foreign student visa abusers. Under this ground, an alien having F-1
status as a student under INA 101(a)(15)(F)(i) who violates the
provisions of INA 214(l) is inadmissible until he or she has been
outside the United States for five continuous years after the date of
violation. INA 214(l) became effective November 30, 1996, and applies
only to aliens who initially obtain F-1 status on or after that date,
or whose F-1 status is extended on or after that date. Under the
provisions of INA 214(l), alien students may not be granted F-1 student
status to attend a public elementary school or a publicly funded adult
education program. Alien students may attend a public secondary school
for no more than one year in F-1 classification and must reimburse the
school system for the full, unsubsidized per capita cost of their
education. Alien students may transfer from a private school to a
public secondary school only if they meet the above payment
requirements and can demonstrate that they will not exceed the one-year
time limitation established for public secondary school attendance.
However, INA 214(l) prohibits foreign students in F-1 status who are
attending private schools from transferring into public elementary
schools or publicly funded adult education programs (including language
programs). The Department is, therefore, adding a new regulation at 22
CFR 40.67 to provide for the new ground of inadmissibility.
22 CFR 40.91--Certain Aliens Previously Removed
The provisions of INA 212(a)(9) were redesignated INA 212(a)(10)
under IIRIRA 301(b). These regulations, formerly found at 22 CFR 40.91,
40.92 and 40.93, were redesignated as 40.101, 40.102 and 40.103 in the
Department publication of November 21, 1996 [61 FR 59182]. The new
provisions of INA 212(a)(9) (similar to the former INA 212(a)(6)(A) and
(B)) were inserted as subparagraphs 212(a)(9)(A)(i) and (ii). The only
substantive difference between the new INA 212(a)(9)(A) and the former
INA 212(a)(6)(A) and (B) lies in the varying lengths of
inadmissibility. The prior INA 212(a)(6)(A) provided for a one-year
visa ineligibility period for an alien who had previously been excluded
and deported. INA 212(a)(9)(A)(i) makes ineligible and inadmissible for
5 years an alien who has been found inadmissible and ordered removed,
whether summarily at the port of entry or after removal proceedings
under INA 240. The period of inadmissibility is 20 years after a second
(or subsequent) removal and is permanent if the alien has been
convicted of an aggravated felony. Similarly, the prior INA
212(a)(6)(B) rendered an alien who had previously been deported
ineligible for a visa for 5 years (or 20 if the alien had been
convicted of an aggravated felony), whereas in the new INA
212(a)(9)(A)(ii), the inadmissibility periods are 10 years following
the first removal, 20 years after a second (or subsequent) removal, and
permanently if the alien has been convicted of an aggravated felony.
Either clause becomes inapplicable if prior to the alien's embarkation
at a place outside the United States the Attorney General (in advance)
grants the alien permission to reapply for admission. Regulations
pertaining to the prior provisions of INA 212(a)(6), with appropriate
amendments, have been moved to 22 CFR 40.91. The redesignated 22 CFR
40.91 contains the revised regulations implementing these changes.
22 CFR 40.92--Aliens Unlawfully Present
New INA 212(a)(9)(B)(i)(I) bars for three years after departure an
alien who was ``unlawfully present'' in the United States (as defined
in (B)(ii)) for a period of more than 180 days but less than one year,
provided the alien departed voluntarily before the commencement of
removal proceedings. Subparagraph (9)(B)(iv) provides for the
``tolling'' (suspension) of up to 120 days in the calculation of an
alien's ``unlawful presence'' if: (1) the alien had been lawfully
admitted or paroled and subsequently filed a nonfrivolous application
for a change or extension of status before the end of the authorized
period of stay (but became an overstay while the application was being
adjudicated) and, (2) had not worked without authorization.
If the alien was in the United States unlawfully for one year or
more as described at INA 212(a)(9)(B)(i)(II), the inadmissibility
period is ten years. The new regulation at 22 CFR 40.92 provides for
visa ineligibility under (9)(B)(i) for three years or ten years, as
appropriate, and notes the possibility for a waiver under (9)(B)(v) for
an immigrant applicant if the Attorney General finds that the refusal
of admission would result in extreme hardship to the United States
citizen (or lawful permanent resident) spouse or parent of such alien.
INA 212(a)(9)(B) does not contain a provision comparable to that in
INA 212(a)(9)(A) for the Attorney General to consent to the alien's
reapplying prior to the expiration of the time frames described
therein. There are, however, exceptions to the provisions of INA
212(a)(9)(B)(i) for minors, asylees, the beneficiaries of family unity
protection, and battered spouses and children who can establish there
was a substantial
[[Page 67567]]
connection between their status violation and the abuse.
The definition of ``unlawfully present'' under INA 212(a)(9)(B)(ii)
includes both remaining in the United States beyond the period of
authorized stay and having entered the United States without being
admitted or paroled.
22 CFR 40.93--Aliens Unlawfully Present After Previous Immigration
Violation
INA subparagraph 212(a)(9)(C)(i)(I) renders inadmissible any alien
who has been in the United States unlawfully for an aggregate period of
more than 1 year and who subsequently enters or attempts to enter
without being admitted (i.e., without lawfully entering after
inspection and authorization [see INA 101(a)(13)]). INA
212(a)(9)(C)(i)(II) renders inadmissible any alien who has been ordered
removed under INA 235(b)(1), 240, or any other provision of law, and
who enters or attempts to enter the United States without being
admitted. INA 212(a)(9)(C)(ii) grants an exception to the (otherwise)
permanent inadmissibility for an alien who, at least ten years after
departure and prior to embarking for the United States, obtains the
Attorney General's consent to reapply for admission. A new regulation
is established at 22 CFR 40.93 pertaining to aliens removed as a result
of unlawful entry (or attempted entry) following such prior immigration
violation or removal order.
The amendments to INA 212(a)(6)(A) and (B) and 212(a)(9) described
above went into effect on April 1, 1997.
22 CFR 40.104--Unlawful Voters
Section 347 of IIRIRA created a new ground of visa ineligibility
(INA 212(a)(10)(D)) for any alien who has voted in violation of any
Federal, State or local constitutional provision, statute, ordinance,
or regulation. It applies to aliens voting before, on, or after
September 30, 1996. The Department is providing new regulations at 22
CFR 40.104 to comport with this addition.
22 CFR 40.105--Former Citizens Who Renounced Citizenship To Avoid
Taxation
Section 352(a) of IIRIRA amended the INA to add a new ground of
ineligibility at INA 212(a)(10)(E), which renders ineligible for a visa
any alien who has been determined by the Attorney General to have
renounced United States citizenship to avoid taxation by the United
States. This is effective for renunciations on or after September 30,
1996, the effective date of IIRIRA. New regulations are added at 22 CFR
40.105.
Interim rule
This rule modifies 22 CFR, Subchapter E, Subparts B, C, F, G and J,
to reflect changes made by Division ``C'' of Pub. L. 104-208, the
illegal Immigration Reform and Immigrant Responsibility Act of 1996
(IIRIRA). The implementation of this rule as an interim rule, with
provisions for post-promulgation public comments, is based upon the
``good cause'' exception found at 5 U.S.C. 553(b)(B) and 553(d)(3)
because it implements statutory provisions already in effect. Some of
the provisions of IIRIRA implemented by this rule became effective on
the date of enactment, September 30, 1996. Another became effective on
November 30, 1996. Still others became effective on April 1, 1997.
Therefore, the provisions of this interim rule were effective on
September 30, 1996, except that Sec. 40.67 became effective November
30, 1996 and Secs. 40.61, 40.62, 40.91, 40.92, and 40.93 were effective
on April 1, 1997, to coincide with the dates mandated by Congress.
Pursuant to Sec. 605(b) of the Regulatory Flexibility Act, this
rule will not have a significant economic impact on a substantial
number of small entities because it merely implements statutory
requirements already in effect. This rule imposes no reporting or
record-keeping action on the public requiring the approval of the
Office of Management and Budget under the Paperwork Reduction Act. This
rule has been reviewed as required by E.O. 12988 and is certified to
meet the applicable regulatory standards it describes. Although
exempted from E.O. 12866, this rule has been reviewed to ensure
consistency with it.
List of Subjects in 22 CFR Part 40
Aliens, Immigrants, Immigration, Nonimmigrants, Passports and
visas.
In view of the foregoing, 22 CFR is amended as follows:
PART 40--[AMENDED]
1. The authority citation for Part 40 is amended to read as
follows:
Authority: 8 U.S.C. 1104; Pub. L. 104-208, 110 Stat. 3009; 22
U.S.C. 26512.
2. Section 40.11 is amended by revising paragraph (b) and adding
paragraph (c) to read as follows:
Sec. 40.11 Medical grounds of ineligibility.
* * * * *
(b) Waiver of ineligibility--INA 212(g). If an immigrant visa
applicant is inadmissible under INA 212(a)(1)(A)(i), (ii), or (iii) but
is qualified to seek the benefits of INA 212(g)(1)(A) or (B),
212(g)(2)(C), or 212(g)(3), the consular officer shall inform the alien
of the procedure for applying to INS for relief under the applicable
provision of law. A visa may not be issued to the alien until the
consular officer has received notification from INS of the approval of
the alien's application under INA 212(g), unless the consular officer
has been delegated authority by the Attorney General to grant the
particular waiver under INA 212(g).
(c) Waiver authority--INA 212(g)(2)(A) and (B). The consular
officer may waive section 212(a)(1)(A)(ii) visa ineligibility if the
alien qualifies for such waiver under the provisions of INA
212(g)(2)(A) or (B).
Sec. 40.22 Multiple criminal convictions.
3. Section 40.22 is revised by removing paragraph (b) and
redesignating paragraphs (c), (d), (e) and (f) as (b), (c), (d) and
(e), respectively.
Sec. 40.52 Unqualified physicians.
4. Section 40.52 is amended by revising ``203(a)(2) or (3)'' to
read ``203(b)(2) or (3).''
5. Section 40.61 is revised to read as follows:
Sec. 40.61 Aliens present without admission or parole.
INA 212(a)(6)(A)(i) does not apply at the time of visa issuance.
6. Section 40.62 is revised to read as follows:
Sec. 40.62 Failure to attend removal proceedings.
An alien who without reasonable cause failed to attend, or to
remain in attendance at, a hearing initiated on or after April 1, 1997,
under INA 240 to determine inadmissibility or deportability shall be
ineligible for a visa under INA 212(a)(6)(B) for five years following
the alien's subsequent departure or removal from the United States.
7. Section 40.66 is revised to read as follows:
Sec. 40.66 Subject of civil penalty.
(a) General. An alien who is the subject of a final order imposing
a civil penalty for a violation under INA 274C shall be ineligible for
a visa under INA 212(a)(6)(F).
(b) Waiver of ineligibility. If an applicant is ineligible under
paragraph (a) of this section but appears to the consular officer to
meet the prerequisites for seeking the benefits of INA 212(d)(12), the
consular officer shall inform the alien of the procedure for applying
to INS for relief under that provision of law. A visa may not be issued
to the alien until the consular officer has received notification from
[[Page 67568]]
INS of the approval of the alien's application under INA 212(d)(12).
8. Section 40.67 is added to read as follows:
Sec. 40.67 Student visa abusers.
An alien ineligible under the provisions of INA 212(a)(6)(G) shall
not be issued a visa unless the alien has complied with the time
limitation set forth therein.
9. Section 40.91 is revised to read as follows:
Sec. 40.91 Certain aliens previously removed.
(a) 5-year bar. An alien who has been found inadmissible, whether
as a result of a summary determination of inadmissibility at the port
of entry under INA 235(b)(1) or of a finding of inadmissibility
resulting from proceedings under INA 240 initiated upon the alien's
arrival in the United States, shall be ineligible for a visa under INA
212(a)(9)(A)(i) for 5 years following removal from the United States if
prior to the alien's reembarkation at a place outside the United States
that is the alien's first such removal.
(b) 10-year bar. An alien who has otherwise been removed from the
United States under any provision of law, or who departed while an
order of removal was in effect, is ineligible for a visa under INA
212(a)(9)(A)(ii) for 10 years following such removal or departure from
the United States.
(c) 20-year bar. An alien who has been removed from the United
States two or more times shall be ineligible for a visa under INA
212(a)(9)(A)(i) or INA 212(a)(9)(A)(ii), as appropriate, for 20 years
following the most recent such removal or departure.
(d) Permanent bar. If an alien who has been removed has also been
convicted of an aggravated felony, the alien is permanently ineligible
for a visa under INA 212(a)(9)(A)(i) or 212(a)(9)(A)(ii), as
appropriate.
(e) Exceptions. An alien shall not be ineligible for a visa under
INA 212(a)(9)(A)(i) or (ii) if the Attorney General has consented to
the alien's application for admission.
10. Section 40.92 is revised to read as follows:
Sec. 40.92 Aliens unlawfully present.
(a) 3-year bar. An alien described in INA 212(a)(9)(B)(i)(I) shall
be ineligible for a visa for 3 years following departure from the
United States.
(b) 10-year bar. An alien described in INA 212(a)(9)(B)(i)(II)
shall be ineligible for a visa for 10 years following departure from
the United States.
(c) Waiver. If a visa applicant is inadmissible under paragraph (a)
or (b) of this section but appears to the consular officer to meet the
prerequisites for seeking the benefits of INA 212(a)(9)(B)(v), the
alien shall be informed of the procedure for applying to INS for relief
under that provision of law.
11. Section 40.93 is revised to read as follows:
Sec. 40.93 Aliens unlawfully present after previous immigration
violation.
An alien described in INA 212(a)(9)(C)(i) is permanently ineligible
for a visa unless the Attorney General consents to the alien's
application for readmission not less than 10 years following the
alien's last departure from the United States. Such application for
readmission shall be made prior to the alien's reembarkation at a place
outside the United States.
12. Section 40.104 is revised to read as follows:
Sec. 40.104 Unlawful voters.
An alien who at any time has voted in violation of any Federal,
State, or local constitutional provision, statute, ordinance or
regulation is ineligible for a visa under INA 212(a)(10)(D).
13. Section 40.105 is revised to read as follows:
Sec. 40.105 Former citizens who renounced citizenship to avoid
taxation.
An alien who is a former citizen of the United States, who on or
after September 30, 1996, has officially renounced United States
citizenship and who has been determined by the Attorney General to have
renounced citizenship to avoid United States taxation, is ineligible
for a visa under INA 212(a)(10)(E).
December 10, 1997.
Mary A. Ryan,
Assistant Secretary for Consular Affairs.
[FR Doc. 97-33257 Filed 12-24-97; 8:45 am]
BILLING CODE 4710-06-P
