Page:United States Statutes at Large Volume 104 Part 6.djvu/683

 PUBLIC LAW 101-649—NOV. 29, 1990 104 STAT. 5073 (regardless of whether such school of medicine is in the United States) and who is coming to the United States principally to perform services as a member of the medical profession is excludable, unless the alien (i) has passed parts I and II of the National Board of Medical Examiners Examination (or an equivalent examination as determined by the Secretary of Health and Human Services) and (ii) is competent in oral and written English. For purposes of the previous sentence, an alien who is a graduate of a medical school shall be considered to have passed parts I and II of the National Board of Medical Examiners if the alien was fully and permanently licensed to practice medicine in a State on January 9, 1978, and was practicing medicine in a State on that date. " (C) APPLICATION OF GROUNDS.—The grounds for exclusion of aliens under subparagraphs (A) and (B) shall apply to preference immigrant aliens described in paragraph (3) or (6) of section 203(a) and to nonpreference immigrant aliens described in section 203(a)(7). '(6) ILLEGAL ENTRANTS AND IMMIGRATION VIOLATORS. — "(A) ALIENS PREVIOUSLY DEPORTED.— Any alien who has been excluded from admission and deported and who again seeks admission within one year of the date of such deportation is excludable, unless prior to 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) CERTAIN ALIENS PREVIOUSLY REMOVED. —Any alien who— "(i) has been arrested and deported, "(ii) has fallen into distress and has been removed pursuant to this or any prior Act, "(iii) has been removed as an alien enemy, or "(iv) has been removed at Government expense in lieu of deportation pursuant to section 242(b), and who seeks admission within 5 years of the date of such deportation or removal (or within 20 years in the case of an alien convicted of an aggravated felony) is excludable, unless before the date of the alien's embarkation or 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 applying or reapplying for admission. " (C) MISREPRESENTATION. — "(i) IN GENERAL. —Any alien who, by fraud or will- Fraud, fully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or entry into the United States or other benefit provided under this Act is excludable. "(ii) WAIVER AUTHORIZED. — For provision authorizing waiver of clause (i), see subsection (i). "(D) STOWAWAYS. — Any alien who is a stowaway is excludable. "(E) SMUGGLERS. — "(i) IN GENERAL. —Any alien who at any time knowingly has encouraged, induced, assisted, abetted, or

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