Promoting family unity

(a) Elimination of 3-Year and 10-Year bars and modification of permanent bar Section 212(a)(9) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)) is amended— (1) by striking subparagraph (B); (2) by redesignating subparagraph (C) as subparagraph (B); and (3) in subparagraph (B), as so redesignated— (A) by amending clause (i) to read as follows: (i) In general Any alien who knows he or she has received a final order of removal under section 240, and who enters or attempts to reenter the United States without being admitted, is inadmissible.; (B) by amending clause (ii) to read as follows: (ii) Exceptions (I) Consent to reapplication for admission Clause (i) shall not apply to an alien seeking admission on a date that is more than 3 years after the date on which the alien last departed the United States if the Secretary of Homeland Security has consented to a reapplication for admission by the alien. (II) Minors Clause (i) shall not apply to an alien who is under 21 years of age. (III) Asylees Clause (i) shall not apply to an alien who has a bona fide application for asylum pending under section 208 or a bona fide application for withholding of removal under section 241(b)(3). (IV) Family unity Clause (i) shall not apply to an alien who is a beneficiary of family unity protection pursuant to section 301 of the Immigration Act of 1990 (8 U.S.C. 1255a note). (V) Victims of a severe form of trafficking in persons Clause (i) shall not apply to an alien who demonstrates that 1 or more severe forms of trafficking in persons (as defined in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102)) was a central reason for the unlawful presence of the alien in the United States. (VI) Aliens who entered as children Clause (i) shall not apply to an alien who— (aa) is the beneficiary of an approved petition under section 101(a)(15)(H); (bb) (AA) is in school, has graduated from high school, has obtained a general education development certificate recognized under State law or a high school equivalency diploma; or (BB) is serving in the Armed Forces (as defined in section 101(a) of title 10, United States Code) or is an honorably discharged veteran of the Armed Forces; and (cc) had not yet reached the age of 16 years on the date on which the alien initially entered the United States.; and (C) in clause (iii)— (i) by redesignating subclauses (I) and (II) as items (aa) and (bb), respectively, and moving such items, as redesignated, 2 ems to the right; (ii) by striking the clause designation and heading and all that follows through Security and insert the following: (iii) Waivers (I) VAWA self-petitioners The Attorney General or the Secretary of Homeland Security, as applicable,; and (iii) by adding at the end the following: (II) Extreme hardship The Attorney General or the Secretary of Homeland Security may, in the discretion of the Attorney General or the Secretary, waive clause (i) in the case of an alien who is the parent, spouse, or son or daughter of a United States citizen or of an alien lawfully admitted for permanent residence if it is established to the satisfaction of the Attorney General or the Secretary that a denial of admission to the alien would result in extreme hardship to the United States citizen or lawfully admitted permanent resident son or daughter, spouse, or parent of the alien.. (b) Misrepresentation of citizenship The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended— (1) in section 212 (8 U.S.C. 1182)— (A) in subsection (a)(6)(C)— (i) by amending clause (ii) to read as follows: (ii) Misrepresentation of citizenship (I) In general Any alien who knowingly and willfully misrepresents, or has knowingly and willfully misrepresented, himself or herself to be a citizen of the United States for any purpose or benefit under this Act (including section 274A) or any Federal or State law is inadmissible. (II) Exceptions (aa) Children In the case of an alien who was under the age of 21 years at the time of making a misrepresentation described in subclause (I), the alien shall not be considered to be inadmissible under any provision of this subsection based on such misrepresentation. (bb) VAWA self-petitioners An alien who is a VAWA self-petitioner shall not be considered to be inadmissible under any provision of this subsection based on a misrepresentation that is connected to the alien’s abuse.; and (ii) in clause (iii), by striking of clause (i); and (B) by amending subsection (i)(1) to read as follows: (i) (1) The Attorney General or the Secretary of Homeland Security may, in the discretion of the Attorney General or the Secretary, waive the application of subsection (a)(6)(C) in the case of an alien who is the parent, spouse, or son or daughter of a United States citizen or of an alien lawfully admitted for permanent residence and in the case of an alien who is an alien granted classification under clause (iii) or (iv) of section 204(a)(1)(A), if it is established to the satisfaction of the Attorney General or the Secretary that the admission to the United States of such alien would not be contrary to the national welfare, safety, or security of the United States.; and (2) by amending section 237(a)(3)(D) (8 U.S.C. 1227(a)(3)(D)) to read as follows: (D) Misrepresentation of citizenship (i) In general Any alien who knowingly and willfully misrepresents, or has knowingly and willfully misrepresented, himself or herself to be a citizen of the United States for any purpose or benefit under this Act (including section 274A) or any Federal or State law is deportable. (ii) Exceptions (I) Children In the case of an alien who was under the age of 21 years at the time of making a misrepresentation described in clause (i), the alien shall not be considered to be deportable under any provision of this subsection based on such misrepresentation. (II) VAWA self-petitioners An alien who is a VAWA self-petitioner shall not be considered to be deportable under any provision of this subsection based on a misrepresentation that is connected to the alien’s abuse.. (c) Conforming amendments (1) Section 214(q) of the Immigration and Nationality Act (8 U.S.C. 1184(q)) is amended— (A) by striking paragraph (2); (B) in paragraph (3)(C), by striking paragraphs (6)(A), (7), and (9)(B) and inserting paragraphs (6)(A) and (7); and (C) by redesignating paragraph (3) as paragraph (2). (2) Section 245(h)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1255(h)(2)(A)) is amended by striking (7)(A), and (9)(B) and inserting and (7)(A). (3) Section 248(a) of the Immigration and Nationality Act (8 U.S.C. 1258(a)) is amended, in the matter preceding paragraph (1), by striking and who is not inadmissible under section 212(a)(9)(B)(i) and all that follows through section 212(a)(9)(B)(v)).