Page:United States Statutes at Large Volume 104 Part 6.djvu/684

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104 STAT. 5074 PUBLIC LAW 101-649—NOV. 29, 1990 aided any other alien to enter or to try to enter the United States in violation of law is excludable. "(ii) WAIVER AUTHORIZED. — For provision authorizing waiver of clause (i), see subsection (d)(ll). "(F) SUBJECT OF CIVIL PENALTY. — An alien who is the subject of a final order for violation of section 274C is excludable. "(7) DOCUMENTATION REQUIREMENTS. — "(A) IMMIGRANTS. — "(i) IN GENERAL.— Except as otherwise specifically provided in this Act, any immigrant at the time of application for admission— "(I) who is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document required by this Act, and a valid unexpired passport, or other suitable travel document, or document of identity and nationality if such document is required under the regulations issued by the Attorney General under section 211(a), or "(II) whose visa has been issued without compliance with the provisions of section 203, is excludable. "(ii) WAIVER AUTHORIZED.— For provision authorizing waiver of clause (i), see subsection (k). "(B) NONIMMIGRANTS. — "(i) IN GENERAL. —Any nonimmigrant who— "(I) is not in possession of a passport valid for a minimum of six months from the date of the expiration of the initial period of the alien's admission or contemplated initial period of stay authorizing the alien to return to the country from which the alien came or to proceed to and enter some other country during such period, or "(II) is not in possession of a valid nonimmigrant visa or border crossing identification card at the time of application for admission, is excludable. " (ii) GENERAL WAIVER AUTHORIZED. — For provision authorizing waiver of clause (i), see subsection (d)(4). "(iii) GUAM VISA WAIVER.— For provision authorizing waiver of clause (i) in the case of visitors to Guam, see subsection (1). "(iv) VISA WAIVER PILOT PROGRAM.— For authority to waive the requirement of clause (i) under a pilot program, see section 217. " (8) INELIGIBLE FOR CITIZENSHIP. — "(A) IN GENERAL. —Any immigrant who is permanently ineligible to citizenship is excludable. "(B) DRAFT EVADERS. —Any alien who has departed from or who has remained outside the United States to avoid or evade training or service in the armed forces in time of war or a period declared by the President to be a national emergency is excludable, except that this subparagraph shall not apply to an alien who at the time of such departure was a nonimmigrant and who is seeking to reenter the United States as a nonimmigrant.