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Pima Arizona Form 8840: What You Should Know
A child is “inadmissible” for at least 90 days prior to removal. A child of an applicant's U.S. citizen spouse or child is excluded from the child's application. A person who was deported from the United States, has been present in this country for less than 90 days, without authorization, has abandoned or surrendered the U.S. citizen spouse or child, or has no contact with the U. S. citizen spouse or child within six months after being deported, is considered to be a “non-citizen alien” as defined by 16 U.S.C. 741(a)(14), who would be detained at the “Foreign Aliens Detention Facility”. The detainee may not be allowed to make a new application. A qualified alien is anyone present as a legal resident in the United States for at least 12 months, has no criminal record other than a misdemeanor conviction, and has at least a 2-year continuous period of lawful permanent residence in the United States. A qualified alien is present and eligible to receive a U.S. visa on the same date and without any limit in waiting time on the basis of an application for such conditional parole under section 212(f) of the Immigration and Nationality Act. In consideration of the person's conditional parole status, the Secretary of State has the authority to grant a limited waiver of the provisions of 17 CFR 212.2 (f), which are the restrictions on a conditional immigrant's right to work, and 17 CFR 212.6 (f)(1)(ii) which restrict employment with U.S. nationals. A qualified alien who is a child for an individual child, is present and eligible to receive a U.S. visa on the same day and without any limit in waiting time on the basis of an application for such conditional parole under section 212(f) of the Immigration and Nationality Act, is exempt from the provisions of section 101(a)(42) of the Immigration and Nationality Act. If the person has been admitted to the United States with a conditional visa or is on a conditional immigrant's conditional parole, the person may travel outside the United States freely pursuant to a conditional visa and may enter and exit from the United States (without regard to this section) in the same manner as a legal resident, as long as the person's immigration status remains lawful and he or she is not under threat of prosecution. See: 17 CFR 240.
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