1234

(E) section 240(c)(4)(D)(ii)(II); or

(2) has

(A) engaged in conduct described in para-

graph (8) or (9) of section 103 of the Trafficking

Victims Protection Act of 2000 (22 U.S.C. 7102);

or

(B) a felony conviction described in section

101(a)(43) that would have been classified as an

aggravated felony at the time of conviction..

10

(c) REINSTATEMENT

OF

REMOVAL ORDERS.Section

11 241(a)(5) (8 U.S.C. 1231(a)(5)) is amended by striking the

12 period at the end and inserting , unless the alien reentered
13 prior to attaining the age of 18 years, or reinstatement of
14 the prior order of removal would not be in the public inter15 est or would result in hardship to the aliens United States
16 citizen or permanent resident parent, spouse, or child..
17

SEC. 2315. WAIVERS OF INADMISSIBILITY.

18

(a) ALIENS WHO ENTERED

AS

CHILDREN.Section

19 212(a)(9)(B)(iii) (8 U.S.C. 1182(a)(9)(B)(iii)) is amended

20 by adding at the end the following:

sroberts on DSK5TPTVN1PROD with BILLS

21

(VI) ALIENS

WHO ENTERED AS

22

CHILDREN.Clause

23

to an alien who is the beneficiary of an

24

approved petition under 101(a)(15)(H)

25

and who has earned a baccalaureate or

(i) shall not apply

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1235
1

higher degree from a United States in-

stitution of higher education (as de-

fined in section 101(a) of the Higher

Education Act of 1965 (20 U.S.C.

1001(a)), and had not yet reached the

age of 16 years at the time of initial

entry to the United States..

(b)

ALIENS

UNLAWFULLY

PRESENT.Section

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

10
11

(1) by striking spouse or son or daughter and

inserting spouse, son, daughter, or parent;

12

(2) by striking extreme; and

13

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

14

dent spouse.

15

(c) PREVIOUS IMMIGRATION VIOLATIONS.Section

16 212(a)(9)(C)(i) (8 U.S.C. 1182(a)(9)(C)(i)) is amended by

17 adding , other than an alien described in clause (iii) or
18 (iv) of subparagraph (B), after Any alien.
19

(d) FALSE CLAIMS.

20

(1) INADMISSIBILITY.

sroberts on DSK5TPTVN1PROD with BILLS

21

(A) IN

GENERAL.Section

212(a)(6)(C) (8

22

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

23

lows:

24

(C) MISREPRESENTATION.

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1236
1

(i) IN

alien who, by

fraud or willfully misrepresenting a mate-

rial fact, seeks to procure (or within the last

3 years has sought to procure or has pro-

cured) a visa, other documentation, or ad-

mission into the United States or other ben-

efit provided under this Act is inadmissible.

(ii)

FALSELY

CLAIMING

10

(I) INADMISSIBILITY.Subject to

11

subclause (II), any alien who know-

12

ingly misrepresents himself or herself

13

to be a citizen of the United States for

14

any purpose or benefit under this

15

chapter (including section 274A) or

16

any other Federal or State law is in-

17

admissible.
(II) SPECIAL

RULE FOR CHIL-

19

DREN.An

20

sible under this clause if the misrepre-

21

sentation described in subclause (I)

22

was made by the alien when the

23

alien

24

alien shall not be inadmis-

(aa) was under 18 years of

25

age; or

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CITIZEN-

SHIP.

18

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sroberts on DSK5TPTVN1PROD with BILLS

1237
1

(bb) otherwise lacked the

mental competence to knowingly

misrepresent a claim of United

States citizenship.

(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-

10

less whether the alien is within or outside

11

the United States, if the Attorney General

12

or the Secretary finds that a determination

13

of inadmissibility to the United States for

14

such alien would

15

(I) result in extreme hardship to

16

the alien or to the aliens parent,

17

spouse, son, or daughter who is a cit-

18

izen of the United States or an alien

19

lawfully admitted for permanent resi-

20

dence; or

21

(II) in the case of a VAWA self-

22

petitioner, result in significant hard-

23

ship to the alien or a parent or child

24

of the alien who is a citizen of the

25

United States, an alien lawfully ad-

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1238
1

mitted for permanent residence, or a

qualified alien (as defined in section

431 of the Personal Responsibility 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

10

clause (iii)..

11

(B)

CONFORMING

AMENDMENT.Section

12

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

13

section (i).

14

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

15

U.S.C. 1227(a)(3)(D)) is amended to read as follows:

16

(D) FALSELY

CLAIMING CITIZENSHIP.

17

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

18

deportable..

19

SEC. 2316. CONTINUOUS PRESENCE.

20

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

21 to read as follows:

sroberts on DSK5TPTVN1PROD with BILLS

22

(1) TERMINATION

OF CONTINUOUS PERIOD.

23

For purposes of this section, any period of continuous

24

residence or continuous physical presence in the

25

United States shall be deemed to end, except in the

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