Regulations Pertaining to Both Nonimmigrants and Immigrants Under the Immigration and Nationality Act, as Amended; Failure To Comply with INA

Résumé

This rule implements the provisions of section 506(a) of Pub. L. 103-317. This section prohibits the issuance of an immigrant visa to an alien for ninety days following an alien's departure from the U.S. unless the alien was maintaining a lawful nonimmigrant status at the time of departure, or unless the alien is the spouse or unmarried child of an individual who obtained temporary or permanent resident status under section 210 or 245A of the Immigration and Nationality Act (INA) or section 202 of the Immigration Reform and Control Act of 1986 (IRCA). Section 506(b) extends the benefits of adjustment of status to permanent resident status to aliens who entered the U.S. without inspection and to certain other aliens.