Visas: Grounds of Ineligibility

DEPARTMENT OF STATE

Bureau of Consular Affairs

22 CFR Part 40

[Public Notice 2666]

Visas: Grounds of Ineligibility

AGENCY: Bureau of Consular Affairs, Department of State.

ACTION: Interim rule with request for comments.

-----------------------------------------------------------------------

SUMMARY: This rule implements the Illegal Immigration Reform and

Immigrant Responsibility Act of 1996 (IIRIRA). The act adds new grounds

of inadmissibility to the United States for: certain aliens who have

not been inoculated against infectious diseases designated by statute

or by the Advisory Committee for Immunization Practices (ACIP); aliens

who have been subject to certain civil penalties; alien student visa

abusers; aliens present in the United States without admission or

parole; aliens who fail to attend removal proceedings; unlawful alien

voters; and former citizens who renounced United States citizenship in

order to avoid paying taxes. Some of the sections cited above also

provide for waivers of a number of grounds of inadmissibility. The rule

also incorporates into the Department's regulations a delegation of

authority from the Immigration and Naturalization Service pertaining to

waivers of inadmissibility under Sec. 212(a)(1)(A)(ii) of the

Immigration and Nationality Act (INA), as amended. Finally, this rule

makes a few miscellaneous technical corrections.

DATES: Effective Dates:

Sec. 40.11 September 30, 1996

Sec. 40.22 September 30, 1997.

Sec. 40.52 September 30, 1996

Sec. 40.61 April 1, 1997

Sec. 40.62 April 1, 1997

Sec. 40.66 September 30, 1996

Sec. 40.67 November 30, 1996

Sec. 40.91 April 1, 1997

Sec. 40.92 April 1, 1997

Sec. 40.93 April 1, 1997

Sec. 40.104 September 30, 1996

Sec. 40.105 September 30, 1996

Comment Date: Written comments must be submitted on or before

February 27, 1998.

ADDRESSES: Written comments may be addressed to the Chief, Legislation

and Regulations Division, Visa Office, Room L603-C, SA-1, Washington,

D.C. 20520-0106.

FOR FURTHER INFORMATION CONTACT: H. Edward Odom, Chief, Legislation and

Regulations Division, (202) 663-1204.

SUPPLEMENTARY INFORMATION: Some of the provisions of IIRIRA implemented

by this rule became effective on the date of enactment, September 30,

1996. Others became effective on November 30, 1996. Still others became

effective on April 1, 1997. Therefore, in order to coincide with the

effective dates mandated by Congress, the effective dates are listed in

the DATES section of this document. Division ``C'' of the Omnibus

Consolidated Appropriations Act, 1997 (the Illegal Immigration Reform

and Alien Responsibility Act of 1996 (IIRIRA)), made substantial

changes and additions to the INA affecting numerous regulations at 22

CFR, Subchapter E. On November 21, 1996, the Department published a

final rule [61 FR 59182] to restructure the numbering of 22 CFR Part 40

in light of these additions. This rule incorporates changes to those

sections of Part 40 shown in the table below.

------------------------------------------------------------------------

IIRIRA Section

22 CFR Part Affected Heading No.

------------------------------------------------------------------------

Sec. 40.11................... Medical Grounds of Sec. 341

Ineligibility.

Sec. 40.22(b)................ Suspended Sentences... Sec. 322

Sec. 40.52................... Unqualified Physicians N/A (typographic

correction)

Sec. 40.61................... Aliens Present Without Sec. 301

Admission or Parole.

[[Page 67565]]

Sec. 40.62................... Failure to Attend Sec. 301

Removal Proceedings.

Sec. 40.66................... Aliens Subject of Sec. 345

Civil Penalty.

Sec. 40.67................... Student Visa Abusers.. Sec. 346

Sec. 40.91................... Certain Aliens Sec. 301

Previously Removed.

Sec. 40.92................... Aliens Unlawfully Sec. 301

Present.

Sec. 40.93................... Aliens Unlawfully Sec. 301

Present After

Previous Immigration

Violations.

Sec. 40.104.................. Unlawful Voters....... Sec. 347

Sec. 40.105.................. Former Citizens Who Sec. 352

Renounced Citizenship

to Avoid Taxation.

------------------------------------------------------------------------

22 CFR 40.11--Medical Grounds of Ineligibility

Section 341 of the Illegal Immigration Reform and Immigrant

Responsibility Act of 1996 amended the medical grounds of visa

ineligibility under INA 212(a)(1)(A) to render inadmissible under INA

212(a)(1)(A)(ii) all applicants for immigrant visas and adjustment of

status who fail to present documentation showing that they have been

vaccinated against a broad range of vaccine-preventable diseases. The

amendments to INA 212(a)(1)(A) by section 341 of IIRIRA became

effective on the date of enactment, September 30, 1996. The diseases,

as specifically identified in the statute are: mumps, measles, rubella,

polio, tetanus and diphtheria toxoids, pertussis, influenza type B and

hepatitis B ``and any other diseases which are designated by the

Advisory Committee for Immunization Practices (ACIP).'' Section 341 of

IIRIRA also prescribed new waiver provisions at INA 212(g)(2) for

aliens: (1) who were initially missing required vaccinations but who

subsequently obtained them; or (2) for whom one or more of the required

vaccinations would be medically inappropriate as certified by the

reviewing civil surgeon or panel physician in accordance with

regulations established by the Department of Health and Human Services;

or (3) who establish to the satisfaction of the Attorney General that

compliance with the vaccination requirements under INA 212(a)(1)(A)(ii)

would be contrary to the alien's religious beliefs or moral

convictions. In its conference report, Congress indicated that the

waiver authority of INA 212(g)(2) should be exercised in appropriate

cases to permit admission where, for example: (1) the alien is unable

to receive a safe dosage of a particular vaccine; (2) it is certified

that the vaccine is unavailable in the alien's country of nationality;

(3) an alien child undergoing a vaccination series over a given course

of time has not had a reasonable opportunity to complete the required

series; or (4) the alien is an active member of a religious faith that

has notified the Attorney General that such vaccination(s) would

contradict the fundamental tenets of the alien's religion.

The Department of State and the Immigration and Naturalization

Service (INS) anticipate that large numbers of immigrant visa

applicants will be rendered ineligible for visa issuance under the

provisions of INA 212(a)(1)(A)(ii) but will routinely be eligible for

waivers either because they initially did not have a required

vaccination, but subsequently obtained it, or because the panel

physician certified, in compliance with the HHS regulations, that a

particular vaccination ``would not be medically appropriate.'' To

minimize the administrative burden on INS and State, section 40.11(c)

of this rule incorporates into the Department's regulations INS's

delegation to consular officers of the authority to grant waivers of

inadmissibility under INA 212(g)(2)(A) and (B). Under this delegation

by INS, no waiver application (currently INS Form I-601) or fee is

required, and consular officers may grant waivers under INA

212(g)(2)(A) and (B) without consulting with INS beforehand. INS has

not delegated the authority to grant waivers under 212(g)(2)(C) for

religious/moral reasons, however. Consistent with the statute, these

waiver requests will be processed by INS on a case-by-case basis

pursuant to regulations published by the Attorney General.

22 CFR 40.22--Suspended Sentences

Section 322 of IIRIRA amended section 101(a) of the INA by adding

new paragraph 101(a)(48) which defines ``conviction'' and ``term of

imprisonment.'' The new language of INA 101(a)(48)(B) is applicable to

convictions and sentences at any time and directs that ``any reference

to a term of imprisonment or a sentence with respect to an offense is

deemed to include the period of incarceration or confinement ordered by

a court of law regardless of any suspension of the imposition or

execution of that imprisonment or sentence in whole or part.'' Under

United States criminal law, courts may either impose a sentence or

suspend imposition of the sentence. In Matter of Castro, 19 I&N Dec.

692 (BIA 1988), the Board of Immigration Appeals held that, when the

imposition of a sentence is suspended no sentence has actually been

imposed. This decision was codified at 22 CFR 40.22(b), but has now

been effectively reversed by new INA paragraph 101(a)(48). Accordingly,

the regulation at 22 CFR 40.22(b) is being removed, and 22 CFR

40.22(c), (d), (e), and (f) are being redesignated (b), (c), (d), and

(e), respectively.

22 CFR 40.52--Unqualified Physicians

A technical correction is made to 22 CFR 40.52 changing the

incorrect reference cite ``INA 203(a)(2) and (3)'' to read ``INA

203(b)(2) and (3).''

22 CFR 40.61--Aliens Present Without Admission or Parole

Section 301(a), (b), and (d) of IIRIRA replaced the terms ``entry''

and ``excludable'' with ``admission'' and ``inadmissibility'' (see INA

101(a)(13) and 212(a)(6)(A) and (B)), and replaced the term

``deportation'' with ``removal'' (see INA 212(a)(9)).

Section 301(c) of IIRIRA essentially moved the former provisions of

INA 212(a)(6)(A) and (B) to a new subparagraph (9)(A), and modified

them by substituting new provisions relating to admissions at INA

subparagraphs 212(a)(6)(A) and (B). The first of these, INA

212(a)(6)(A), makes inadmissible an alien who is in the United States

without having been admitted or paroled or who has come into this

country at a place other than a designated port of entry. This

provision is written in the present tense and is designed to make the

aliens described therein subject to grounds of inadmissibility rather

than grounds of deportation. INA 212(a)(6)(A) applies only to aliens

who are present in the United States. Thus, in the absence of an order

of removal, it has no direct effect on the eligibility for a visa of an

alien at a consular post and the regulation being added at 22 CFR 40.61

so states.

[[Page 67566]]

22 CFR 40.62--Failure To Attend Removal Proceedings

New INA 212(a)(6)(B) provides that an alien who, without reasonable

cause, fails or refuses to attend or remain in attendance at removal

proceedings shall be inadmissible for five years following departure or

removal. Such an alien is thus also ineligible for a visa for that

period of time. This ground of inadmissibility is being applied only to

those aliens placed in removal proceedings on or after April 1, 1997,

as set forth in INA 240, which was added by section 304(a) of IIRIRA.

Regulations pertaining to revised INA 212(a)(6) are being added to

22 CFR 40.61 and 40.62.

22 CFR 40.66--Subject of Civil Penalty

The Immigration Act of 1990, Pub. L. 101-649, added as a new ground

of visa ineligibility, INA 212(a)(6)(F) rendering inadmissible any

alien who is the subject of a final removal order for violating INA

274C relating to civil penalties for document fraud. INA 274C provides

civil penalties for persons determined by an administrative law judge

to have been involved in virtually any activity involving forged,

altered or stolen documents used to meet a requirement or obtain a

benefit under the INA. Section 345 of IIRIRA amended INA 212(a)(6)(F)

by designating this ground of inadmissibility as subsection (F)(i) and

creating a new subsection (F)(ii) providing for waivers of (F)(i)

inadmissibilities under new INA 212(d)(12). (Waivers of the INA

212(a)(6)(F) (now (F)(i)) ground of inadmissibility were not available

prior to the enactment of IIRIRA). Under INA 212(d)(12), the Attorney

General may waive this ineligibility for certain permanent residents

who have temporarily proceeded abroad voluntarily and not under an

order of deportation or removal and are otherwise admissible to the

United States as returning residents, and for aliens seeking admission

or adjustment as immediate relatives or family-based beneficiaries, if

the offense was committed solely to assist the alien's spouse or child

and no previous civil money penalty was imposed against the alien under

INA section 274C. The Department is, therefore, adding new regulations

at 22 CFR 40.66 with respect to this new ground of inadmissibility and

to provide for the above waiver.

22 CFR 40.67--Student Visa Abusers

Section 346 of IIRIRA added a new ground of inadmissibility for

foreign student visa abusers. Under this ground, an alien having F-1

status as a student under INA 101(a)(15)(F)(i) who violates the

provisions of INA 214(l) is inadmissible until he or she has been

outside the United States for five continuous years after the date of

violation. INA 214(l) became effective November 30, 1996, and applies

only to aliens who initially obtain F-1 status on or after that date,

or whose F-1 status is extended on or after that date. Under the

provisions of INA 214(l), alien students may not be granted F-1 student

status to attend a public elementary school or a publicly funded adult

education program. Alien students may attend a public secondary school

for no more than one year in F-1 classification and must reimburse the

school system for the full, unsubsidized per capita cost of their

education. Alien students may transfer from a private school to a

public secondary school only if they meet the above payment

requirements and can demonstrate that they will not exceed the one-year

time limitation established for public secondary school attendance.

However, INA 214(l) prohibits foreign students in F-1 status who are

attending private schools from transferring into public elementary

schools or publicly funded adult education programs (including language

programs). The Department is, therefore, adding a new regulation at 22

CFR 40.67 to provide for the new ground of inadmissibility.

22 CFR 40.91--Certain Aliens Previously Removed

The provisions of INA 212(a)(9) were redesignated INA 212(a)(10)

under IIRIRA 301(b). These regulations, formerly found at 22 CFR 40.91,

40.92 and 40.93, were redesignated as 40.101, 40.102 and 40.103 in the

Department publication of November 21, 1996 [61 FR 59182]. The new

provisions of INA 212(a)(9) (similar to the former INA 212(a)(6)(A) and

(B)) were inserted as subparagraphs 212(a)(9)(A)(i) and (ii). The only

substantive difference between the new INA 212(a)(9)(A) and the former

INA 212(a)(6)(A) and (B) lies in the varying lengths of

inadmissibility. The prior INA 212(a)(6)(A) provided for a one-year

visa ineligibility period for an alien who had previously been excluded

and deported. INA 212(a)(9)(A)(i) makes ineligible and inadmissible for

5 years an alien who has been found inadmissible and ordered removed,

whether summarily at the port of entry or after removal proceedings

under INA 240. The period of inadmissibility is 20 years after a second

(or subsequent) removal and is permanent if the alien has been

convicted of an aggravated felony. Similarly, the prior INA

212(a)(6)(B) rendered an alien who had previously been deported

ineligible for a visa for 5 years (or 20 if the alien had been

convicted of an aggravated felony), whereas in the new INA

212(a)(9)(A)(ii), the inadmissibility periods are 10 years following

the first removal, 20 years after a second (or subsequent) removal, and

permanently if the alien has been convicted of an aggravated felony.

Either clause becomes inapplicable if prior to the alien's embarkation

at a place outside the United States the Attorney General (in advance)

grants the alien permission to reapply for admission. Regulations

pertaining to the prior provisions of INA 212(a)(6), with appropriate

amendments, have been moved to 22 CFR 40.91. The redesignated 22 CFR

40.91 contains the revised regulations implementing these changes.

22 CFR 40.92--Aliens Unlawfully Present

New INA 212(a)(9)(B)(i)(I) bars for three years after departure an

alien who was ``unlawfully present'' in the United States (as defined

in (B)(ii)) for a period of more than 180 days but less than one year,

provided the alien departed voluntarily before the commencement of

removal proceedings. Subparagraph (9)(B)(iv) provides for the

``tolling'' (suspension) of up to 120 days in the calculation of an

alien's ``unlawful presence'' if: (1) the alien had been lawfully

admitted or paroled and subsequently filed a nonfrivolous application

for a change or extension of status before the end of the authorized

period of stay (but became an overstay while the application was being

adjudicated) and, (2) had not worked without authorization.

If the alien was in the United States unlawfully for one year or

more as described at INA 212(a)(9)(B)(i)(II), the inadmissibility

period is ten years. The new regulation at 22 CFR 40.92 provides for

visa ineligibility under (9)(B)(i) for three years or ten years, as

appropriate, and notes the possibility for a waiver under (9)(B)(v) for

an immigrant applicant if the Attorney General finds that the refusal

of admission would result in extreme hardship to the United States

citizen (or lawful permanent resident) spouse or parent of such alien.

INA 212(a)(9)(B) does not contain a provision comparable to that in

INA 212(a)(9)(A) for the Attorney General to consent to the alien's

reapplying prior to the expiration of the time frames described

therein. There are, however, exceptions to the provisions of INA

212(a)(9)(B)(i) for minors, asylees, the beneficiaries of family unity

protection, and battered spouses and children who can establish there

was a substantial

[[Page 67567]]

connection between their status violation and the abuse.

The definition of ``unlawfully present'' under INA 212(a)(9)(B)(ii)

includes both remaining in the United States beyond the period of

authorized stay and having entered the United States without being

admitted or paroled.

22 CFR 40.93--Aliens Unlawfully Present After Previous Immigration

Violation

INA subparagraph 212(a)(9)(C)(i)(I) renders inadmissible any alien

who has been in the United States unlawfully for an aggregate period of

more than 1 year and who subsequently enters or attempts to enter

without being admitted (i.e., without lawfully entering after

inspection and authorization [see INA 101(a)(13)]). INA

212(a)(9)(C)(i)(II) renders inadmissible any alien who has been ordered

removed under INA 235(b)(1), 240, or any other provision of law, and

who enters or attempts to enter the United States without being

admitted. INA 212(a)(9)(C)(ii) grants an exception to the (otherwise)

permanent inadmissibility for an alien who, at least ten years after

departure and prior to embarking for the United States, obtains the

Attorney General's consent to reapply for admission. A new regulation

is established at 22 CFR 40.93 pertaining to aliens removed as a result

of unlawful entry (or attempted entry) following such prior immigration

violation or removal order.

The amendments to INA 212(a)(6)(A) and (B) and 212(a)(9) described

above went into effect on April 1, 1997.

22 CFR 40.104--Unlawful Voters

Section 347 of IIRIRA created a new ground of visa ineligibility

(INA 212(a)(10)(D)) for any alien who has voted in violation of any

Federal, State or local constitutional provision, statute, ordinance,

or regulation. It applies to aliens voting before, on, or after

September 30, 1996. The Department is providing new regulations at 22

CFR 40.104 to comport with this addition.

22 CFR 40.105--Former Citizens Who Renounced Citizenship To Avoid

Taxation

Section 352(a) of IIRIRA amended the INA to add a new ground of

ineligibility at INA 212(a)(10)(E), which renders ineligible for a visa

any alien who has been determined by the Attorney General to have

renounced United States citizenship to avoid taxation by the United

States. This is effective for renunciations on or after September 30,

1996, the effective date of IIRIRA. New regulations are added at 22 CFR

40.105.

Interim rule

This rule modifies 22 CFR, Subchapter E, Subparts B, C, F, G and J,

to reflect changes made by Division ``C'' of Pub. L. 104-208, the

illegal Immigration Reform and Immigrant Responsibility Act of 1996

(IIRIRA). The implementation of this rule as an interim rule, with

provisions for post-promulgation public comments, is based upon the

``good cause'' exception found at 5 U.S.C. 553(b)(B) and 553(d)(3)

because it implements statutory provisions already in effect. Some of

the provisions of IIRIRA implemented by this rule became effective on

the date of enactment, September 30, 1996. Another became effective on

November 30, 1996. Still others became effective on April 1, 1997.

Therefore, the provisions of this interim rule were effective on

September 30, 1996, except that Sec. 40.67 became effective November

30, 1996 and Secs. 40.61, 40.62, 40.91, 40.92, and 40.93 were effective

on April 1, 1997, to coincide with the dates mandated by Congress.

Pursuant to Sec. 605(b) of the Regulatory Flexibility Act, this

rule will not have a significant economic impact on a substantial

number of small entities because it merely implements statutory

requirements already in effect. This rule imposes no reporting or

record-keeping action on the public requiring the approval of the

Office of Management and Budget under the Paperwork Reduction Act. This

rule has been reviewed as required by E.O. 12988 and is certified to

meet the applicable regulatory standards it describes. Although

exempted from E.O. 12866, this rule has been reviewed to ensure

consistency with it.

List of Subjects in 22 CFR Part 40

Aliens, Immigrants, Immigration, Nonimmigrants, Passports and

visas.

In view of the foregoing, 22 CFR is amended as follows:

PART 40--[AMENDED]

1. The authority citation for Part 40 is amended to read as

follows:

Authority: 8 U.S.C. 1104; Pub. L. 104-208, 110 Stat. 3009; 22

U.S.C. 26512.

2. Section 40.11 is amended by revising paragraph (b) and adding

paragraph (c) to read as follows:

Sec. 40.11 Medical grounds of ineligibility.

* * * * *

(b) Waiver of ineligibility--INA 212(g). If an immigrant visa

applicant is inadmissible under INA 212(a)(1)(A)(i), (ii), or (iii) but

is qualified to seek the benefits of INA 212(g)(1)(A) or (B),

212(g)(2)(C), or 212(g)(3), the consular officer shall inform the alien

of the procedure for applying to INS for relief under the applicable

provision of law. A visa may not be issued to the alien until the

consular officer has received notification from INS of the approval of

the alien's application under INA 212(g), unless the consular officer

has been delegated authority by the Attorney General to grant the

particular waiver under INA 212(g).

(c) Waiver authority--INA 212(g)(2)(A) and (B). The consular

officer may waive section 212(a)(1)(A)(ii) visa ineligibility if the

alien qualifies for such waiver under the provisions of INA

212(g)(2)(A) or (B).

Sec. 40.22 Multiple criminal convictions.

3. Section 40.22 is revised by removing paragraph (b) and

redesignating paragraphs (c), (d), (e) and (f) as (b), (c), (d) and

(e), respectively.

Sec. 40.52 Unqualified physicians.

4. Section 40.52 is amended by revising ``203(a)(2) or (3)'' to

read ``203(b)(2) or (3).''

5. Section 40.61 is revised to read as follows:

Sec. 40.61 Aliens present without admission or parole.

INA 212(a)(6)(A)(i) does not apply at the time of visa issuance.

6. Section 40.62 is revised to read as follows:

Sec. 40.62 Failure to attend removal proceedings.

An alien who without reasonable cause failed to attend, or to

remain in attendance at, a hearing initiated on or after April 1, 1997,

under INA 240 to determine inadmissibility or deportability shall be

ineligible for a visa under INA 212(a)(6)(B) for five years following

the alien's subsequent departure or removal from the United States.

7. Section 40.66 is revised to read as follows:

Sec. 40.66 Subject of civil penalty.

(a) General. An alien who is the subject of a final order imposing

a civil penalty for a violation under INA 274C shall be ineligible for

a visa under INA 212(a)(6)(F).

(b) Waiver of ineligibility. If an applicant is ineligible under

paragraph (a) of this section but appears to the consular officer to

meet the prerequisites for seeking the benefits of INA 212(d)(12), the

consular officer shall inform the alien of the procedure for applying

to INS for relief under that provision of law. A visa may not be issued

to the alien until the consular officer has received notification from

[[Page 67568]]

INS of the approval of the alien's application under INA 212(d)(12).

8. Section 40.67 is added to read as follows:

Sec. 40.67 Student visa abusers.

An alien ineligible under the provisions of INA 212(a)(6)(G) shall

not be issued a visa unless the alien has complied with the time

limitation set forth therein.

9. Section 40.91 is revised to read as follows:

Sec. 40.91 Certain aliens previously removed.

(a) 5-year bar. An alien who has been found inadmissible, whether

as a result of a summary determination of inadmissibility at the port

of entry under INA 235(b)(1) or of a finding of inadmissibility

resulting from proceedings under INA 240 initiated upon the alien's

arrival in the United States, shall be ineligible for a visa under INA

212(a)(9)(A)(i) for 5 years following removal from the United States if

prior to the alien's reembarkation at a place outside the United States

that is the alien's first such removal.

(b) 10-year bar. An alien who has otherwise been removed from the

United States under any provision of law, or who departed while an

order of removal was in effect, is ineligible for a visa under INA

212(a)(9)(A)(ii) for 10 years following such removal or departure from

the United States.

(c) 20-year bar. An alien who has been removed from the United

States two or more times shall be ineligible for a visa under INA

212(a)(9)(A)(i) or INA 212(a)(9)(A)(ii), as appropriate, for 20 years

following the most recent such removal or departure.

(d) Permanent bar. If an alien who has been removed has also been

convicted of an aggravated felony, the alien is permanently ineligible

for a visa under INA 212(a)(9)(A)(i) or 212(a)(9)(A)(ii), as

appropriate.

(e) Exceptions. An alien shall not be ineligible for a visa under

INA 212(a)(9)(A)(i) or (ii) if the Attorney General has consented to

the alien's application for admission.

10. Section 40.92 is revised to read as follows:

Sec. 40.92 Aliens unlawfully present.

(a) 3-year bar. An alien described in INA 212(a)(9)(B)(i)(I) shall

be ineligible for a visa for 3 years following departure from the

United States.

(b) 10-year bar. An alien described in INA 212(a)(9)(B)(i)(II)

shall be ineligible for a visa for 10 years following departure from

the United States.

(c) Waiver. If a visa applicant is inadmissible under paragraph (a)

or (b) of this section but appears to the consular officer to meet the

prerequisites for seeking the benefits of INA 212(a)(9)(B)(v), the

alien shall be informed of the procedure for applying to INS for relief

under that provision of law.

11. Section 40.93 is revised to read as follows:

Sec. 40.93 Aliens unlawfully present after previous immigration

violation.

An alien described in INA 212(a)(9)(C)(i) is permanently ineligible

for a visa unless the Attorney General consents to the alien's

application for readmission not less than 10 years following the

alien's last departure from the United States. Such application for

readmission shall be made prior to the alien's reembarkation at a place

outside the United States.

12. Section 40.104 is revised to read as follows:

Sec. 40.104 Unlawful voters.

An alien who at any time has voted in violation of any Federal,

State, or local constitutional provision, statute, ordinance or

regulation is ineligible for a visa under INA 212(a)(10)(D).

13. Section 40.105 is revised to read as follows:

Sec. 40.105 Former citizens who renounced citizenship to avoid

taxation.

An alien who is a former citizen of the United States, who on or

after September 30, 1996, has officially renounced United States

citizenship and who has been determined by the Attorney General to have

renounced citizenship to avoid United States taxation, is ineligible

for a visa under INA 212(a)(10)(E).

December 10, 1997.

Mary A. Ryan,

Assistant Secretary for Consular Affairs.

[FR Doc. 97-33257 Filed 12-24-97; 8:45 am]

BILLING CODE 4710-06-P