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EAS13979

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as an aggravated felony at the time of convic-

tion..

(c) REINSTATEMENT

OF

REMOVAL ORDERS.Sec-

4 tion 241(a)(5) (8 U.S.C. 1231(a)(5)) is amended by strik5 ing the period at the end and inserting , unless the alien
6 reentered prior to attaining the age of 18 years, or rein7 statement of the prior order of removal would not be in
8 the public interest or would result in hardship to the
9 aliens United States citizen or permanent resident parent,
10 spouse, or child..
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SEC. 2315. WAIVERS OF INADMISSIBILITY.

(a) ALIENS WHO ENTERED

AS

CHILDREN.Section

13 212(a)(9)(B)(iii) (8 U.S.C. 1182(a)(9)(B)(iii)) is amended


14 by adding at the end the following:
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(VI) ALIENS

WHO ENTERED AS

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CHILDREN.Clause

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to an alien who is the beneficiary of

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an

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101(a)(15)(H) and who has earned a

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baccalaureate or higher degree from a

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United States institution of higher

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education

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101(a) of the Higher Education Act

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of 1965 (20 U.S.C. 1001(a)), and had

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not yet reached the age of 16 years at

approved

(as

(i) shall not apply

petition

defined

in

under

section

EAS13979

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the time of initial entry to the United

States..

(b)

ALIENS

UNLAWFULLY

PRESENT.Section

4 212(a)(9)(B)(v) (8 U.S.C. 1181(a)(9)(B)(v) is amended


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(1) by striking spouse or son or daughter and


inserting spouse, son, daughter, or parent;

(2) by striking extreme; and

(3) by inserting , child, after lawfully resi-

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dent spouse.
(c) PREVIOUS IMMIGRATION VIOLATIONS.Section

11 212(a)(9)(C)(i) (8 U.S.C. 1182(a)(9)(C)(i)) is amended


12 by adding , other than an alien described in clause (iii)
13 or (iv) of subparagraph (B), after Any alien.
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(d) FALSE CLAIMS.


(1) INADMISSIBILITY.
(A) IN

GENERAL.Section

212(a)(6)(C)

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(8 U.S.C. 1182(a)(6)(C)) is amended to read as

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follows:

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(C) MISREPRESENTATION.
(i) IN

GENERAL.Any

alien who, by

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fraud or willfully misrepresenting a mate-

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rial fact, seeks to procure (or within the

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last 3 years has sought to procure or has

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procured) a visa, other documentation, or

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admission into the United States or other

EAS13979

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benefit provided under this Act is inadmis-

sible.

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(ii) FALSELY

CLAIMING

CITIZEN-

SHIP.

(I) INADMISSIBILITY.Subject

to subclause (II), any alien who know-

ingly misrepresents himself or herself

to be a citizen of the United States

for any purpose or benefit under this

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chapter (including section 274A) or

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any other Federal or State law is in-

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admissible.

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(II) SPECIAL

RULE FOR CHIL-

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DREN.An

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sible under this clause if the misrepre-

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sentation described in subclause (I)

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was made by the alien when the

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alien

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alien shall not be inadmis-

(aa) was under 18 years of


age; or

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(bb) otherwise lacked the

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mental competence to knowingly

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misrepresent a claim of United

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States citizenship.

EAS13979

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(iii) WAIVER.The Attorney General

or the Secretary of Homeland Security

may, in the discretion of the Attorney Gen-

eral or the Secretary, waive the application

of clause (i) or (ii)(I) for an alien, regard-

less whether the alien is within or outside

the United States, if the Attorney General

or the Secretary finds that a determination

of inadmissibility to the United States for

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such alien would

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(I) result in extreme hardship to

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the alien or to the aliens parent,

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spouse, son, or daughter who is a cit-

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izen of the United States or an alien

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lawfully admitted for permanent resi-

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dence; or

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(II) in the case of a VAWA self-

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petitioner, result in significant hard-

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ship to the alien or a parent or child

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of the alien who is a citizen of the

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United States, an alien lawfully ad-

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mitted for permanent residence, or a

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qualified alien (as defined in section

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431 of the Personal Responsibility

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and Work Opportunity Reconciliation

Act of 1996 (8 U.S.C. 1641(b))).

(iv) LIMITATION

ON

REVIEW.No

court shall have jurisdiction to review a de-

cision or action of the Attorney General or

the Secretary regarding a waiver under

clause (iii)..

(B) CONFORMING

AMENDMENT.Section

212 (8 U.S.C. 1182) is amended by striking

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subsection (i).

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(2) DEPORTABILITY.Section 237(a)(3)(D) (8

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U.S.C. 1227(a)(3)(D)) is amended to read as fol-

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lows:

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(D) FALSELY

CLAIMING CITIZENSHIP.

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Any alien described in section 212(a)(6)(C)(ii)

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is deportable..

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SEC. 2316. CONTINUOUS PRESENCE.

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Section 240A(d)(1) (8 U.S.C. 1229b(d)(1)) is amend-

19 ed to read as follows:
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(1) TERMINATION

OF CONTINUOUS PERIOD.

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For purposes of this section, any period of contin-

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uous residence or continuous physical presence in

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the United States shall be deemed to end, except in

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the case of an alien who applies for cancellation of

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removal under subsection (b)(2), on the date that a