Subtitle B - Deterrence of Document Fraud

Section 212. New Civil Penalties for Document Fraud.

(1) Those who prepare, file, or assist another person in preparing or filing an application for benefits with knowledge or in reckless disregard of the fact that such application or document was falsely made; and (2) aliens who destroy travel documents en route to the United States after having presented such documents to board a common carrier to the United States, are liable for document fraud. The changes concerning the new definition of "false making" apply retroactively to applications prepared before September 30, 1996.

Section 213. New Criminal Penalty for Failure to Disclose Role as Preparer of False Application for Immigration Benefits.

An attorney or other person who fails to disclose or who conceals his role in preparing, for a fee or other remuneration, a false application for benefits under the Immigration and Nationality Act ("INA") can be jailed for up to five years, and is thereafter prohibited from preparing, whether or not for a fee or other remuneration, any other such application. A person convicted under this section who later prepares or assists in preparing an application for immigration benefits, regardless of whether for a fee or other remuneration, can be jailed up to 15 years.

Section 214. Criminal Penalty for Knowingly Presenting Document Which Fails to Contain Reasonable Basis in Law or Fact.

It is unlawful for any alien to knowingly present a document to Immigration Service that fails to contain any reasonable basis in law or fact.

Section 215. Criminal Penalty for False Claim to Citizenship.

It is unlawful for any person to: (1) make a false claim to U.S. citizenship or nationality for the purpose of obtaining, for him or herself or any other person, any federal benefit or service or employment in the U.S.; and (2) make a false claim to U.S. citizenship to vote or register to vote in any federal, state, or local election.

Section 216. Criminal Penalty for Voting by Aliens in Federal Elections.

It is unlawful for any alien to vote in any election for federal office. Violators can be fined and/or jailed for up to one year.

Subtitle A - Revision of Procedures for Removal of Aliens

Section 301. Treating Persons Present in the U.S. Without Authorization As Not Admitted.

Under the INA, now "admission" means that an immigration officer inspected an alien and authorized the entry. The Alien who is "unlawfully present" (i.e. overstayed a period of admission or entered without inspection by illegally crossing the US border), and who left the U.S. voluntarily before removal proceedings began, will be denied admission to the U.S. for a certain period depending on the period of his unlawful presence.

An alien unlawfully present for more than 180 days but less than one year, is inadmissible for three years from the date of departure. An alien unlawfully present for one year or more is inadmissible for 10 years from the date of departure.

The "unlawfully present" periods are tolled for up to 120 days for those who were admitted or paroled; filed a "nonfrivolous" application for change or extension of status before their authorized stay expired; and were not employed without authorization. The counting of time unlawfully present for the bars begins to run only after April 1, 1997.

Section 302. Inspection of Aliens; Expedited Removal of Inadmissible Arriving Aliens.

An alien arriving the U.S. with no visa documents or fraudulent documents is excluded without hearing unless he states a credible fear of persecution or an intention to apply for asylum.

This section allows "summary exclusion" for aliens entering the U.S. at international airports.

Section 303. Apprehension and Detention of Aliens.

Virtually all criminal aliens must be detained when they are released from criminal custody. The effective date for this section is April 1, 1997.

Section 304. Removal Proceedings: Cancellation of Removal and Adjustment of Status; Voluntary Departure.

A single "removal" hearing in place of the current separate deportation and exclusion hearings is established. This section also imposes new restrictions on voluntary departure. The maximum period for voluntary departure of an alien in removal proceedings, is now 120 days, which is shorter than the old period in deportations proceedings. This section takes effect on April 1, 1997.

Section 306. Appeals from Orders of Removal.

No court has jurisdiction to review discretionary decisions or actions of the Attorney General, including denials of discretionary relief, other than the granting of asylum.

Subtitle C - Revision of Grounds for Exclusion and Deportation

Section 341. Proof of Vaccination Requirement for Immigrants.

Any intending immigrant who does not present evidence of vaccination against certain enumerated diseases, with applicable waivers is inadmissible. This applies to applications for immigrant visas or adjustment of status filed after September 30, 1996.

Section 343. Certification Requirements for Foreign Health Care Workers.

An alien seeking admission for employment as health-care workers is required to present credentials (from the Commission on Graduates of Foreign Nursing Schools or the equivalent) verifying the alien's training, licensing, and experience and also appropriate competency in English.

Section 346. Inadmissibility of Certain Student Visa Abusers.

Any alien who obtains a visa after November 29, 1996, including aliens whose status is extended after November 29, 1996, as a nonimmigrant student in a private elementary or secondary school and who violates a term or condition of the nonimmigrant status is inadmissible for five years.

Section 352. Exclusion of Former Citizens Who Renounced Citizenship to Avoid U.S. Taxation.

Those who renounce U.S. citizenship after September 30, 1996 in order to avoid U.S. taxation are excludable from the U.S.

Subtitle F- Additional Provisions

Section 375. Limitation on Adjustment of Status.

An aliens who is not in "lawful nonimmigrant status," who has violated the terms of his nonimmigrant visa, or who has engaged in unauthorized employment may not adjust status. But an alien can still adjust status to permanent residence if he pays a fee of $1,000 as stated section 376.

Section 380. Civil Penalties for Failure to Depart.

Not more than $500 penalty per day may be imposed to aliens subject to final orders of removal who willfully fail or refuse to depart, make timely application for travel documents, or present themselves for removal at the time and place required by the Attorney General on or after April 1, 1997.

Subtitle B - Other Provisions Relating to Employer Sanctions

Section 411. Limiting Liability for Certain Technical Violations of Paperwork Requirements.

Technical or paperwork violations of the employer sanctions provisions is exempted, as long as there has been a "good faith attempt" by an employer to comply with the verification requirement. The exemption will not apply if the employer fails to cure the violations within ten-day window or if the employer has engaged in pattern and practice violations. This section applies to violations occurring on or after September 30, 1996.

Section 412. Paperwork and Other Changes in the Employer Sanctions Program.

The certificate of naturalization, the certificate of citizenship, and foreign passports are eliminated from the documents used for work verification. Also, a birth certificate as a document specifically identified for employment authorization is removed. This section takes effect upon designation of the Attorney General, but not later than September 30, 1997.

Subtitle A - Eligibility of Aliens for Public Assistance and Benefits

Section 502. Pilot Programs on Limiting Issuance of Driver's Licenses to Illegal Aliens.

States may conduct pilot programs within their states to test the effectiveness of denying driver's licenses to unlawfully present aliens. (California already has a program denying a driver's license to persons without a valid visa.)

Section 503. Ineligibility of Aliens Not Lawfully Present for Social Security Benefits.

An alien who is not lawfully present in the U.S. is ineligible for social security benefits on or after December 1, 1996.

Section 510. Transition for Aliens Currently Receiving Benefits Under the Food Stamp Program.

"Qualified" immigrants currently receiving Food Stamps will not lose assistance until at least April l, 1997, but must be cut off by August 22, 1997.

Subtitle C - Affidavits of Support

Section 551. Requirements for Sponsor's Affidavit of Support.

"Sponsor" who signs an affidavit of support for an alien for permanent residence is legally bound to support the alien. If the alien goes on welfare or public assistance, the sponsor must repay any governmental agency for any benefits received by the alien.

This requirement must be enforceable against the sponsor by the alien, by the federal Government, or any state or political subdivision of a state, until the alien has become a citizen or until the alien has been credited for 40 qualifying quarters of work which are defined the same as in the welfare law.

To qualify as a sponsor, individuals must be at least 18 years of age, be domiciled in the U.S., and be able to support both the sponsor's and the immigrant's families at an annual income level equal to at least 125 percent of the federal poverty guidelines.

A sponsor must notify the INS whenever he moves, and failure to do so could result in fines. The new requirements will take effect by April 1, 1997.

Subtitle D - Miscellaneous Provisions

Section 564. Pilot Programs to Require Bonding.

The five INS district offices may require posting of a bond "in an amount sufficient to cover the cost" of means-tested benefits provided to the alien and the alien's dependents in addition to the affidavit of support. This requirement is to be reviewed after three years of operation.

Subtitle E - Housing Assistance

Section 576.

No individual or family applying for financial assistance from a federal housing agency may receive such assistance before the affirmative establishment and verification of eligibility of at least one family member.

Subtitle B - Miscellaneous Amendments to the Immigration and Nationality Act

Section 625. Foreign Students.

An alien may not obtain F-1 nonimmigrant student status to attend a public elementary school or a public adult education program. Entry to attend a public secondary school (high school) is also prohibited unless the aggregate period of F-1 status does not exceed a year and the alien reimburses the school for the costs of providing education. Transfer to such schools after obtainment of F-1 visa, is deemed to have violated F-1 status. This section applies to individuals who obtain F-1 student status after the end of the 60-day period beginning on the date of enactment (around December 1, 1996), and includes aliens whose status is extended after that period.

Subtitle C - Provisions Relating to Visa Processing and Consular Efficiency

Section 632. Elimination of Consulate Shopping for Visa Overstays.

A nonimmigrant visa is void as soon as the nonimmigrant alien overstays his or her period of authorized stay. Applies to visas issued before, on or after September 30, 1996. Also after September 30, 1996, an alien must return to home country to apply for a new visa if the alien overstays his or her period of authorized stay to be readmitted in the U.S. as a nonimmigrant.

Section 633. Authority to Determine Visa Processing Procedures.

The State Department (i.e. US consular officers at US Embassies abroad) unlimited authority to determine the procedures for the processing of immigrant visa applications, or the locations where the applications will be processed.

Home | Index

Copyright Takata 2003, All Rights Reserved.