Page:United States Statutes at Large Volume 114 Part 4.djvu/847

 PUBLIC LAW 106-553—APPENDIX B 114 STAT. 2762A-147 (ii) NONIMMIGRANTS. — In the case of an alien who entered the United States as a nonimmigrant before January 1, 1982, the alien must establish that the alien's period of authorized stay as a nonimmigrant expired before such date through the passage of time or the alien's unlawful status was known to the Government as of such date. (iii) EXCHANGE VISITORS. — If the alien was at any time a nonimmigrant exchange alien (as defined in section 101(a)(15)(J) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(J)), the alien must establish that the alien was not subject to the two-year foreign residence requirement of section 212(e) of such Act or has fulfilled that requirement or received a waiver thereof. (iv) CUBAN AND HAITIAN ENTRANTS.— For purposes of this section, an alien in the status of a Cuban and Haitian entrant described in paragraph (1) or (2)(A) of section 501(e) of Public Law 96-422 shall be considered to have entered the United States and to be in an unlawful status in the United States. (C) CONTINUOUS PHYSICAL PRESENCE.— (i) IN GENERAL.— The alien must establish that the alien was continuously physically present in the United States during the period beginning on November 6, 1986, and ending on May 4, 1988, except that— (I) an alien shall not be considered to have failed to maintain continuous physical presence in the United States for purposes of this subparagraph by virtue of brief, casual, and innocent absences from the United States; and (II) brief, casual, and innocent absences from the United States shall not be limited to absences with advance parole. (ii) ADMISSIONS.—Nothing in this section shall be construed as authorizing an alien to apply for admission to, or to be admitted to, the United States in order to apply for adjustment of status under this section or section 245A of the Immigration and Nationality Act. (D) ADMISSIBLE AS IMMIGRANT. — The alien must establish that the alien— (i) is admissible to the United States as an immigrant, except as otherwise provided under section 245A(d)(2) of the Immigration and Nationality Act; (ii) has not been convicted of any felony or of three or more misdemeanors committed in the United States; (iii) has not assisted in the persecution of any person or persons on account of race, religion, nationality, membership in a particular social group, or political opinion; and (iv) is registered or registering under the Military Selective Service Act, if the alien is required to be so registered under that Act. (E) BASIC CITIZENSHIP SKILLS.—

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