Page:United States Statutes at Large Volume 110 Part 4.djvu/743

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PUBLIC LAW 104-208—SEPT. 30, 1996 110 STAT. 3009-580 the stowaway is found to have a credible fear of persecution under subsection (b)(1)(B). In no case may a stowaway be considered an appHcant for admission or eligible for a hearing under section 240. "(3) INSPECTION.—A l l aliens (including alien crewmen) who are applicants for admission or otherwise seeking admission or readmission to or transit through the United States shall be inspected by immigration officers. " (4) WITHDRAWAL, OF APPLICATION FOR ADMISSION.— An alien applying for admission may, in the discretion of the Attorney General and at any time, be permitted to withdraw the application for admission and depart immediately from the United States. "(5) STATEMENTS.— An applicant for admission may be required to state under oath any information sought by an immigration officer regarding the purposes and intentions of the applicant in seeking admission to the United States, including the applicant's intended length of stay and whether the applicant intends to remain permanently or become a United States citizen, and whether the applicant is inadmissible. " (b) INSPECTION OF APPLICANTS FOR ADMISSION.— "(1) INSPECTION OF ALIENS ARRIVING IN THE UNITED STATES AND CERTAIN OTHER ALIENS WHO HAVE NOT BEEN ADMITTED OR PAROLED.— "(A) SCREENING. — "(i) IN GENERAL. — If an immigration officer determines that an alien (other than an alien described in subparagraph (F)) who is arriving in the United States or is described in clause (iii) is inadmissible under section 212(a)(6)(C) or 212(a)(7), the officer shall order the alien removed from the United States without further hearing or review unless the alien indicates either an intention to apply for asylum under section 208 or a fear of persecution. "(ii) CLAIMS FOR ASYLUM. — If an immigration officer determines that an alien (other than an alien described in subparagraph (F)) who is arriving in the United States or is described in clause (iii) is inadmissible under section 212(a)(6)(C) or 212(a)(7) and the alien indicates either an intention to apply for asylum under section 208 or a fear of persecution, the officer shall refer the alien for an interview by an asylum officer under subparagraph (B). "(iii) APPLICATION TO CERTAIN OTHER ALIENS.— "(I) IN GENERAL. —The Attorney General may apply clauses (i) and (ii) of this subparagraph to any or all aliens described in subclause (II) as designated by the Attorney General. Such designation shall be in the sole and unreviewable discretion of the Attorney General and may be modified at any time. "(II) ALIENS DESCRIBED.— -An alien described in this clause is an alien who is not described in subparagraph (F), who has not been admitted or paroled into the United States, and who has not affirmatively shown, to the satisfaction of an