§ 236.13 - Ineligible aliens.

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The following categories of aliens are ineligible for benefits under the Family Unity Program:

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;

An alien who has been convicted of a felony or three or more misdemeanors in the United States;

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

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:

A felony crime of violence that has an element the use or attempted use of physical force against another individual; or

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.