Page:United States Statutes at Large Volume 104 Part 6.djvu/688

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104 STAT. 5078 PUBLIC LAW 101-649—NOV. 29, 1990 "(A) EXCLUDABLE ALIENS.—Any alien who at the time of entry or adjustment of status was within one or more of the classes of aliens excludable by the law existing at such time is deportable. "(B) ENTERED WITHOUT INSPECTION. —Any alien who entered the United States without inspection or at any time or place other than as designated by the Attorney General or is in the United States in violation of this Act or any other law of the United States is deportable. "(C) VIOLATED NONIMMIGRANT STATUS OR CONDITION OF ENTRY.— "(i) NONIMMIGRANT STATUS VIOLATORS. — Any alien who was admitted as a nonimmigrant and who has failed to maintain the nonimmigrant status in which the ali^n was admitted or to which it was changed under section 248, or to comply with the conditions of any such status, is deportable. "(ii) VIOLATORS OF CONDITIONS OF ENTRY. — Any alien whom the Secretary of Health and Human Services certifies has failed to comply with terms, conditions, and controls that were imposed under section 212(g) is deportable. "(D) TERMINATION OF CONDITIONAL PERMANENT RESI- DENCE.— "(i) IN GENERAL.—Any alien with permanent resident status on a conditional basis under section 216 (relating to conditional permanent resident status for certain alien spouses and sons and daughters) or under section 216A (relating to conditional permanent resident status for certain alien entrepreneurs, spouses, and children) who has had such status terminated under such section is deportable. " (ii) EXCEPTION.— Clause (i) shall not apply in the cases described in section 216(c)(4) (relating to certain hardship waivers). "(E) SMUGGLING.— "(i) IN GENERAL.— Any alien who (prior to the date of entry, at the time of entry, or within 5 years of the date of entry) knowingly has encouraged, induced, assisted, abetted, or aided any other alien to enter or to try to enter the United States in violation of law is deportable. " (ii) WAIVER AUTHORIZED. — The Attorney General may, in his discretion for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest, waive application of clause (i) in the case of any alien lawfully admitted for permanent residence if the alien has encouraged, induced, assisted, abetted, or aided only the alien's spouse, parent, son, or daughter (and no other individual) to enter the United States in violation of law. "(F) FAILURE TO MAINTAIN EMPLOYMENT. — Any alien who obtains the status of an alien lawfully admitted for temporary residence under section 210A who fails to meet the requirement of section 210A(d)(5)(A) by the end of the applicable period is deportable.