Page:United States Statutes at Large Volume 104 Part 6.djvu/689

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PUBLIC LAW 101-649—NOV. 29, 1990 104 STAT. 5079 "(G) MARRIAGE FRAUD. —An alien shall be considered to be deportable as having procured a visa or other documentation by fraud (within the meaning of section 212(a)(5)(C)(i)) and to be in the United States in violation of this Act (within the meaning of subparagraph (B)) if^ "(i) the alien obtains any entry into the United States with an immigrant visa or other documentation procured on the basis of a marriage entered into less than 2 years prior to such entry of the alien and which, within 2 years subsequent to any entry of the alien in the United States, shall be judicially annulled or terminated, unless the alien establishes to the satisfaction of the Attorney General that such marriage was not contracted for the purpose of evading any provisions of the immigration laws, or "(ii) it appears to the satisfaction of the Attorney General that the alien has failed or refused to fulfill the alien's marital agreement which in the opinion of the Attorney General was made for the purpose of procuring the alien's entry as an immigrant. "(H) WAIVER AUTHORIZED FOR CERTAIN MISREPRESENTA- TIONS.— The provisions of this paragraph relating to the deportation of aliens within the United States on the ground that they were excludable at the time of entry as aliens described in section 212(a)(6)(C)(i), whether willful or innocent, may, in the discretion of the Attorney General, be waived for any alien (other than an alien described in paragraph (6) or (7)) who— "(i) is the spouse, parent, son, or daughter of a citizen of the United States or of an alien lawfully admitted to the United States for permanent residence; and "(ii) was in possession of an immigrant visa or equivalent document and was otherwise admissible to the United States at the time of such entry except for those grounds of inadmissibility specified under paragraphs (5)(A) and (7)(A) of section 212(a) which were a direct result of that fraud or misrepresentation. A waiver of deportation for fraud or misrepresentation granted under this subparagraph shall also operate to waive deportation based on the grounds of inadmissibility at entry directly resulting from such fraud or misrepresentation. ' (2) CRIMINAL OFFENSES. — " (A) GENERAL CRIMES. — "(i) CRIMES OF MORAL TURPITUDE. —Any alien who— "(I) is convicted of a crime involving moral turpitude committed within five years after the date of entry, and "(II) either is sentenced to confinement or is confined therefor in a prison or correctional institution for one year or longer, is deportable. "(ii) MULTIPLE CRIMINAL CONVICTIONS. —Any alien who at any time after entry is convicted of two or more crimes involving moral turpitude, not arising out of a single scheme of criminal misconduct, regardless of