INADMISSIBILITY

Grounds. Waivers

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Aliens Presented without Admission or Parole

CLASSIFICATION:

BRIEF DESCRIPTION: The beneficiary is present without admission or parole.

DETAILS: Alien who arrived in the U.S. at any time or place other than as designated by the INS is also inadmissible (under this ground).

DEFINITIONS: None.

FILING DATE RESTRICTIONS: None.

EXCEPTIONS:

1. Under INA 212(a)(6)(A)(ii) Certain battered women and children.

(I) the alien qualifies for immigrant status under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of INA
204(a)(1),

(II)

(a) the alien has been battered or subjected to extreme cruelty by a spouse or parent, or by a
member of the spouse's or parent's family residing in the same household as the alien and the
spouse or parent consented or acquiesced to such battery or cruelty, or

(b) the alien's child has been battered or subjected to extreme cruelty by a spouse or parent of the alien (without the active participation of the alien in the battery or cruelty) or by a member of the
spouse's or parent's family residing in the same household as the alien when the spouse or parent
consented to or acquiesced in such battery or cruelty and the alien did not actively participate in
such battery or cruelty, and

(III) there was a substantial connection between the battery or cruelty described in subclause (I) or (II)
and the alien's unlawful entry into the United States.
The requirements of subclauses (II) and (III) above shall not apply to an alien who demonstrates that the
alien first arrived in the U.S. before the title III-A effective date (described in section 309(a)).

INA 309(a) [8 U.S.C. 1409(a)]

The provisions of paragraphs (c), (d), (e), and (g) of section 301, and of paragraph (2) of section 308,
shall apply as of the date of birth to a person born out of wedlock if

(1) a blood relationship between the person and the father is established by clear and convincing evidence,

(2) the father had the nationality of the United States at the time of the person's birth,

(3) the father (unless deceased) has agreed in writing to provide financial support for the person until the person reaches the age of 18 years, and

(4) while the person is under the age of 18 years-

(A) the person is legitimated under the law of the person's residence or domicile,
(B) the father acknowledges paternity of the person in writing under oath, or
(C) the paternity of the person is established by adjudication of a competent court.
2. Under INA 245(i) Certain classes of aliens. For more details, see http://www.section245i.com/index.html.

SPECIFIC WAIVERS: None.

GENERAL WAIVERS

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