I a crime involving moral turpitude other than a purely political offense or an attempt or conspiracy to commit such a crimeor II a violation of or a conspiracy or attempt to violate any law 212 h and safety regulation of a State, the United States, or a foreign country relating to a controlled substance as defined in section of the Controlled Substances Act 21 U.
A A school of medicine or of one of the other health professions, which is accredited by a body or bodies approved for the purpose by the Secretary of Education, has agreed in writing to provide the graduate medical education or training under the program for which the alien is coming to the United States or to assume responsibility for arranging for the provision thereof by an appropriate public or nonprofit private institution or agency, except that, in the case of such an agreement by a schoo l of medicine, any one or more of its affiliated hospitals which are to participate in the provision of the graduate medical education or training must join in the agreement.
The guard shall be such that it does not offer an accident hazard in itself. Point of operation guarding. Such tools shall not be in lieu of other guarding required by this section, but can only be used to supplement protection provided.
The guarding device shall be in conformity with any appropriate standards therefor, or, in the absence of applicable specific standards, shall be so designed and constructed as to prevent the operator from having any part of his body in the danger zone during the operating cycle.
Further, even if the applicant demonstrates that he merits a grant of discretion under the waiver, he must also establish that he meets the terms, conditions, and procedures of the regulations promulgated by the Attorney General.
This waiver can be used for the following crimes: In evaluating extreme hardship to a qualifying relative, factors to be considered include, but are not limited to: Examples of guarding methods are-barrier guards, two-hand tripping devices,electronic safety devices, etc.
E The alien furnishes the Attorney General each year with an affidavit in such form as the Attorney General shall prescribe that attests that the alien i is in good standing in the program of graduate medical education or training in which the alien is participating, and ii will return to the country of his nationality or last residence upon completion of the education or training for which he came to the United States.
The spouse or child of a lawful permanent resident of the U. C The alien has made a commitment to return to the country of his nationality or last residence upon completion of the education or training for which he is coming to the United States, and the government of the country of his nationality or last residence has provided a written assurance, satisfactory to the Secretary of Health and Human Services, that there is a need in that country for persons with the skills the alien will acquire in such education or training.
He speaks Portuguese and Spanish.
The promulgation of such regulations shall be considered a foreign affairs function for purposes of section a of title 5, United States Code. No waiver shall be granted under this subsection in the case of an alien who has previously been admitted to the United States as an alien lawfully admitted for permanent residence if either since the date of such admission the alie n has been convicted of an aggravated felony or the alien has not lawfully resided continuously in the United States for a period of not less than 7 years immediately preceding the date of initiation of proceedings to remove the alien from the United States.
No court shall have jurisdiction to review a decision of the Attorney General to grant or deny a waiver under this subsection.
The Attorney General will not favorably exercise discretion in cases involving violent or dangerous crimes, except in extraordinary circumstances, such as those involving national security or foreign policy considerations, or cases in which the alien clearly demonstrates that a denial of the waiver would result in exceptional and extremely unusual hardship.
For the purposes of this subparagraph, an alien who is a graduate of a medical school shall be considered to have passed parts I and II of the National Board of Medical Examiners examination if the alien was fully and permanently licensed to practice medicine in a State on January 9,and was practicing medicine in a State on that date.
Section h Waiver for Certain Crime Section h of the Immigration and Nationality Act provides that the Attorney General may, in his discretion, waive the application of crimes involving moral turpitude, multiple criminal convictionsprostitution and commercial vice, certain aliens who have asserted immunity from prosecution, and an offense of simple possession of 30 grams or less of marijuana.
If the Secretary determines that such admissions have resulted in an unacceptable number of visitors from a country remaining unlawfully in Guam or the Commonwealth of the Northern Mariana Islands, unlawfully obtaining entry to other parts of the United States, or seeking withholding of removal or asylum, or that visitors from a country pose a risk to law enforcement or security interests of Guam or the Commonwealth of the Northern Mariana Islands or of the United States including the interest in the enforcement of the immigration laws of the United Statesthe Secretary shall suspend the admission of nationals of such country under this subsection.
Lawful permanent residents seeking admission to the United States may also apply for section h relief, standing alone, in order to overcome a ground of inadmissibility that would otherwise preclude his or her admission.
No waiver shall be provided under this subsection in the case of an alien who has been convicted of or who has admitted committing acts that constitute murder or criminal acts involving torture, or an attempt or conspiracy to commit murder or a criminal act involving torture.The (h) waiver for crime-related grounds can be used for various grounds of inadmissibility.
The requirements are different for different grounds of inad. (h) waiver will not be exercised “except in extraordinary circumstances, such as those involving national security or foreign policy considerations, or cases in which an alien clearly demonstrates that the.
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