---
kind: "section"
citation: "8 C.F.R. § 1212.9"
title: "8"
number: "1212.9"
heading: "Applicability of section 212(a)(32) to certain derivative third and sixth preference and nonpreference immigrants."
url: "https://uscodex.org/cfr/8/1212.9"
---

# §1212.9. 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.


## Notes

### Amendments

[45 FR 63836, Sept. 26, 1980]

### Authority

Authority: 8 U.S.C. 1101 and note, 1102, 1103, 1182 and note, 1184, 1187, 1223, 1225, 1226, 1227, 1255; 8 U.S.C. 1185 note (section 7209 of Pub. L. 108-458); Title VII of Pub. L. 110-229; Pub. L. 115-218.

### Source

Source: 17 FR 11484, Dec. 19, 1952, unless otherwise noted. Duplicated from part 212 at 68 FR 9535, Feb. 28, 2003.

### Amendments

[45 FR 63836, Sept. 26, 1980]