[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: 8CFR236.13]



[Page 435]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

PART 236_APPREHENSION AND DETENTION OF INADMISSIBLE AND DEPORTABLE 

ALIENS; REMOVAL OF ALIENS ORDERED REMOVED--Table of Contents

 

                     Subpart B_Family Unity Program

 

Sec. 236.13  Ineligible aliens.



    The following categories of aliens are ineligible for benefits under 

the Family Unity Program:

    (a) An alien who is deportable under any paragraph in section 237(a) 

of the Act, except paragraphs (1)(A), (1)(B), (1)(C), and (3)(A); 

provided that an alien who is deportable under section 237(a)(1)(A) of 

such Act is also ineligible for benefits under the Family Unity Program 

if deportability is based upon a ground of inadmissibility described in 

section 212(a)(2) or (3) of the Act;

    (b) An alien who has been convicted of a felony or three or more 

misdemeanors in the United States;

    (c) An alien described in section 241(b)(3)(B) of the Act; or

    (d) An alien who has committed an act of juvenile delinquency (as 

defined in 18 U.S.C. 5031) which if committed by an adult would be 

classified as:

    (1) A felony crime of violence that has an element the use or 

attempted use of physical force against another individual; or

    (2) A felony offense that by its nature involves a substantial risk 

that physical force against another individual may be used in the course 

of committing the offense.



[62 FR 10360, Mar. 6, 1997, as amended at 65 FR 43680, July 14, 2000]