TREATING PERSONS PRESENT IN THE UNITED STATES WITHOUT AUTHORIZATION AS NOT ADMITTED.

SEC. 301. TREATING PERSONS PRESENT IN THE UNITED STATES WITHOUT AUTHORIZATION AS NOT ADMITTED. (a) “Admission” Defined.— Paragraph (13) of section 101(a) (8 U.S.C. 1101(a)) is amended to read as follows: “(13) (A) The terms ‘admission’ and ‘admitted’ mean, with respect to an alien, the lawful entry of the alien into the United States after inspection and authorization by an immigration officer. “(B) An alien who is paroled under section 212(d)(5) or permitted to land temporarily as an alien crewman shall not be considered to have been admitted. “(C) An alien lawfully admitted for permanent residence in the United States shall not be regarded as seeking an admission into the United States for purposes of the immigration laws unless the alien— “(i) has abandoned or relinquished that status, “(ii) has been absent from the United States for a continuous period in excess of 180 days, “(iii) has engaged in illegal activity after having departed the United States, “(iv) has departed from the United States while under legal process seeking removal of the alien from the United States, including removal proceedings under this Act and extradition proceedings, “(v) has committed an offense identified in section 212(a)(2), unless since such offense the alien has been granted relief under section 212(h) or 240A(a), or “(vi) is attempting to enter at a time or place other than as designated by immigration officers or has not been admitted to the United States after inspection and authorization by an immigration officer.”. (b) Inadmissibility of Aliens Previously Removed and Unlawfully Present.— 110 STAT. 3009–576 (1) In general.— Section 212(a) (8 U.S.C. 1182(a)) is amended by redesignating paragraph (9) as paragraph (10) and by inserting after paragraph (8) the following new paragraph: “(9) Aliens previously removed.— “(A) Certain aliens previously removed.— “(i) Arriving aliens.— Any alien who has been ordered removed under section 235(b)(1) or at the end of proceedings under section 240 initiated upon the alien’s arrival in the United States and who again seeks admission within 5 years of the date of such removal (or within 20 years in the case of a second or subsequent removal or at any time in the case of an alien convicted of an aggravated felony) is inadmissible. “(ii) Other aliens.— Any alien not described in clause (i) who— “(I) has been ordered removed under section 240 or any other provision of law, or “(II) departed the United States while an order of removal was outstanding, and who seeks admission within 10 years of the date of such alien’s departure or removal (or within 20 years of such date in the case of a second or subsequent removal or at any time in the case of an alien convicted of an aggravated felony) is inadmissible. “(iii) Exception.— Clauses (i) and (ii) shall not apply to an alien seeking admission within a period if, prior to the date of the alien’s reembarkation at a place outside the United States or attempt to be admitted from foreign contiguous territory, the Attorney General has consented to the alien’s reapplying for admission. “(B) Aliens unlawfully present.— “(i) In general.— Any alien (other than an alien lawfully admitted for permanent residence) who— “(I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 244(e)) prior to the commencement of proceedings under section 235(b)(1) or section 240, and again seeks admission within 3 years of the date of such alien’s departure or removal, or “(II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien’s departure or removal from the United States, is inadmissible. “(ii) Construction of unlawful presence.— For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled. 110 STAT. 3009–577 “(iii) Exceptions.— “(I) Minors.— No period of time in which an alien is under 18 years of age shall be taken into account in determining the period of unlawful presence in the United States under clause (i). “(II) Asylees.— No period of time in which an alien has a bona fide application for asylum pending under section 208 shall be taken into account in determining the period of unlawful presence in the United States under clause (i) unless the alien during such period was employed without authorization in the United States. “(III) Family unity.— No period of time in which the alien is a beneficiary of family unity protection pursuant to section 301 of the Immigration Act of 1990 shall be taken into account in determining the period of unlawful presence in the United States under clause (i). “(IV) Battered women and children.— Clause (i) shall not apply to an alien who would be described in paragraph (6)(A)(ii) if ‘violation of the terms of the alien’s nonimmigrant visa’ were substituted for ‘unlawful entry into the United States’ in subclause (III) of that paragraph. “(iv) Tolling for good cause.— In the case of an alien who— “(I) has been lawfully admitted or paroled into the United States, “(II) has filed a nonfrivolous application for a change or extension of status before the date of expiration of the period of stay authorized by the Attorney General, and “(III) has not been employed without authorization in the United States before or during the pendency of such application, the calculation of the period of time specified in clause (i)(I) shall be tolled during the pendency of such application, but not to exceed 120 days. “(v) Waiver.— The Attorney General has sole discretion to waive clause (i) in the case of an immigrant who is the 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 that the refusal of admission to such immigrant alien would result in extreme hardship to the citizen or lawfully resident spouse or parent of such alien. No court shall have jurisdiction to review a decision or action by the Attorney General regarding a waiver under this clause. “(C) Aliens unlawfully present after previous immigration violations.— “(i) In general.— Any alien who— “(I) has been unlawfully present in the United States for an aggregate period of more than 1 year, or 110 STAT. 3009–578 “(II) has been ordered removed under section 235(b)(1), section 240, or any other provision of law, and who enters or attempts to reenter the United States without being admitted is inadmissible. “(ii) Exception.— Clause (i) shall not apply to an alien seeking admission more than 10 years after the date of the alien’s last departure from the United States if, prior to the alien’s reembarkation at a place outside the United States or attempt to be readmitted from a foreign contiguous territory, the Attorney General has consented to the alien’s reapplying for admission.”. (2) Limitation on change of status.— Section 248 (8 U.S.C. 1258) is amended by inserting “and who is not inadmissible under section 212(a)(9)(B)(i) (or whose inadmissibility under such section is waived under section 212(a)(9)(B)(v))” after “maintain that status”. (3) Treatment of unlawful presence before effective date.— In applying section 212(a)(9)(B) of the Immigration and Nationality Act, as inserted by paragraph (1), no period before the title III–A effective date shall be included in a period of unlawful presence in the United States. (c) Revision to Ground of Inadmissibility for Illegal Entrants and Immigration Violators.— (1) In general.— Subparagraphs (A) and (B) of section 212(a)(6) (8 U.S.C. 1182(a)(6)) are amended to read as follows: “(A) Aliens present without admission or parole.— “(i) In general.— An alien present in the United States without being admitted or paroled, or who arrives in the United States at any time or place other than as designated by the Attorney General, is inadmissible. “(ii) Exception for certain battered women and children.— Clause (i) shall not apply to an alien who demonstrates that— “(I) the alien qualifies for immigrant status under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1), “(II) (a) the alien has been battered or subjected to extreme cruelty by a spouse or parent, or by a member of the spouse’s or parent’s family residing in the same household as the alien and the spouse or parent consented or acquiesced to such battery or cruelty, or (b) the alien’s child has been battered or subjected to extreme cruelty by a spouse or parent of the alien (without the active participation of the alien in the battery or cruelty) or by a member of the spouse’s or parent’s family residing in the same household as the alien when the spouse or parent consented to or acquiesced in such battery or cruelty and the alien did not actively participate in such battery or cruelty, and 110 STAT. 3009–579 “(III) there was a substantial connection between the battery or cruelty described in subclause (I) or (II) and the alien’s unlawful entry into the United States. “(B) Failure to attend removal proceeding.— Any alien who without reasonable cause fails or refuses to attend or remain in attendance at a proceeding to determine the alien’s inadmissibility or deportability and who seeks admission to the United States within 5 years of such alien’s subsequent departure or removal is inadmissible. (2) Transition for battered spouse or child provision.— The requirements of subclauses (II) and (III) of section 212(a)(6)(A)(ii) of the Immigration and Nationality Act, as inserted by paragraph (1), shall not apply to an alien who demonstrates that the alien first arrived in the United States before the title III–A effective date (described in section 309(a) of this division). (d) Adjustment in Grounds for Deportation.— Section 241 (8 U.S.C. 1251), before redesignation as section 237 by section 305(a)(2) of this division, is amended— (1) in the matter before paragraph (1) of subsection (a), by striking “in the United States” and inserting “in and admitted to the United States”; (2) in subsection (a)(1), by striking “Excludable” each place it appears and inserting “Inadmissible”; (3) in subsection (a)(1)(A), by striking “excludable” and inserting “inadmissible”; and (4) by amending subparagraph (B) of subsection (a)(1) to read as follows: “(B) Present in violation of law.— Any alien who is present in the United States in violation of this Act or any other law of the United States is deportable.