[Code of Federal Regulations]

[Title 8, Volume 1]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 8CFR212.9]



[Page 208]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

PART 212_DOCUMENTARY REQUIREMENTS: NONIMMIGRANTS; WAIVERS; ADMISSION 

OF CERTAIN INADMISSIBLE ALIENS; PAROLE--Table of Contents

 

Sec. 212.9  Applicability of section 212(a)(32) to certain derivative 

third and sixth preference and nonpreference immigrants.



    A derivative beneficiary who is the spouse or child of a qualified 

third or sixth preference or nonpreference immigrant and who is also a 

graduate of a medical school as defined by section 101(a)(41) of the Act 

is not considered to be an alien who is coming to the United States 

principally to perform services as a member of the medical profession. 

Therefore, a derivative third or sixth preference or nonpreference 

immigrant under section 203(a)(8) of the Act, who is also a graduate of 

a medical school, is eligible for an immigrant visa or for adjustment of 

status under section 245 of the Act, whether or not such derivative 

immigrant has passed Parts I and II of the National Board of Medical 

Examiners Examination or equivalent examination.



(Secs. 103, 203(a)(8), and 212(a)(32), 8 U.S.C 1103, 1153(a)(8), and 

1182(a)(32))



[45 FR 63836, Sept. 26, 1980]