WAIVER OF EXCLUSION AND DEPORTATION GROUND FOR CERTAIN SECTION 274C VIOLATORS.

SEC. 345. WAIVER OF EXCLUSION AND DEPORTATION GROUND FOR CERTAIN SECTION 274C VIOLATORS. (a) Exclusion Grounds.— Section 212 (8 U.S.C. 1182) is amended— (1) by amending subparagraph (F) of subsection (a)(6) to read as follows: “(F) Subject of civil penalty.— 110 STAT. 3009–638 “(i) In general.— An alien who is the subject of a final order for violation of section 274C is inadmissible. “(ii) Waiver authorized.— For provision authorizing waiver of clause (i), see subsection (d)(12).”; and (2) by adding at the end of subsection (d) the following new paragraph: “(12) The Attorney General may, in the discretion of the Attorney General for humanitarian purposes or to assure family unity, waive application of clause (i) of subsection (a)(6)(F)— “(A) in the case of an alien lawfully admitted for permanent residence who temporarily proceeded abroad voluntarily and not under an order of deportation or removal and who is otherwise admissible to the United States as a returning resident under section 211(b), and “(B) in the case of an alien seeking admission or adjustment of status under section 201(b)(2)(A) or under section 203(a), if no previous civil money penalty was imposed against the alien under section 274C and the offense was committed solely to assist, aid, or support the alien’s spouse or child (and not another individual). No court shall have jurisdiction to review a decision of the Attorney General to grant or deny a waiver under this paragraph.”. (b) Ground of Deportation.— Subparagraph (C) of section 241(a)(3) (8 U.S.C. 1251(a)(3)), before redesignation by section 305(a)(2) of this division, is amended to read as follows: “(C) Document fraud.— “(i) In general.— An alien who is the subject of a final order for violation of section 274C is deportable. “(ii) Waiver authorized.— The Attorney General may waive clause (i) in the case of an alien lawfully admitted for permanent residence if no previous civil money penalty was imposed against the alien under section 274C and the offense was incurred solely to assist, aid, or support the alien’s spouse or child (and no other individual). No court shall have jurisdiction to review a decision of the Attorney General to grant or deny a waiver under this clause.”.