Page:United States Statutes at Large Volume 104 Part 6.djvu/678

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104 STAT. 5068 PUBLIC LAW 101-649—NOV. 29, 1990 is excludable. "(ii) EXCEPTION.— Clause (i)(1) shall not apply to an alien who committed only one crime if— "(I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or "(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed). "(B) MULTIPLE CRIMINAL CONVICTIONS. — Any alien convicted of 2 or more offenses (other than purely political offenses), regardless of whether the conviction was in a single trial or whether the offenses arose from a single scheme of misconduct and regardless of whether the of- fenses involved moral turpitude, for which the aggregate sentences to confinement actually imposed were 5 years or more is excludable. "(C) CONTROLLED SUBSTANCE TRAFFICKERS.— Any alien who the consular or immigration officer knows or has reason to believe is or has been an illicit trafficker in any such controlled substance or is or has been a knowing assister, abettor, conspirator, or coUuder with others in the illicit trafficking in any such controlled substance, is excludable, "(D) PROSTITUTION AND COMMERCIAUZED VICE.— Any alien who— "(i) is coming to the United States solely, principally, or incidentally to engage in prostitution, or has engaged in prostitution within 10 years of the date of application for a visa, entry, or adjustment of status, "(ii) directly or indirectly procures or attempts to procure, or (within 10 years of the date of application for a visa, entry, or adjustment of status) procured or attempted to procure or to import, prostitutes or persons for the purpose of prostitution, or receives or (within such 10-year period) received, in whole or in part, the proceeds of prostitution, or "(iii) is coming to the United States to engage in any other unlawful commercialized vice, whether or not related to prostitution, is excludable. "(E) CERTAIN ALIENS INVOLVED IN SERIOUS CRIMINAL ACTIVITY WHO HAVE ASSERTED IMMUNITY FROM PROSECU- TION. — Any alien—