Ineligible aliens.

§ 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]