[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2010]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR212.9]

[Page 232]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY
 
PART 212_DOCUMENTARY REQUIREMENTS: NONIMMIGRANTS; WAIVERS; ADMISSION OF CERTAIN INADMISSIBLE ALIENS; PAROLE--Table of Contents
 
Sec. 212.9  Applicability of section 212(a)(32) to certain derivative

third and sixth preference and nonpreference immigrants.

    A derivative beneficiary who is the spouse or child of a qualified 
third or sixth preference or nonpreference immigrant and who is also a 
graduate of a medical school as defined by section 101(a)(41) of the Act 
is not considered to be an alien who is coming to the United States 
principally to perform services as a member of the medical profession. 
Therefore, a derivative third or sixth preference or nonpreference 
immigrant under section 203(a)(8) of the Act, who is also a graduate of 
a medical school, is eligible for an immigrant visa or for adjustment of 
status under section 245 of the Act, whether or not such derivative 
immigrant has passed Parts I and II of the National Board of Medical 
Examiners Examination or equivalent examination.

(Secs. 103, 203(a)(8), and 212(a)(32), 8 U.S.C 1103, 1153(a)(8), and 
1182(a)(32))

[45 FR 63836, Sept. 26, 1980]