---
kind: "section"
citation: "8 C.F.R. § 236.13"
title: "8"
number: "236.13"
heading: "Ineligible aliens."
url: "https://uscodex.org/cfr/8/236.13"
---

# §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)](/cfr/8/237.md?p=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](/usc/18/5031.md)) 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.

## Notes

### Amendments

[62 FR 10360, Mar. 6, 1997, as amended at 65 FR 43680, July 14, 2000]

### Authority

Authority: 5 U.S.C. 301, 552, 552a; 6 U.S.C. 112(a)(2), 112(a)(3), 112(b)(1), 112(e), 202, 251, 279, 291; 8 U.S.C. 1103, 1182, 1224, 1225, 1226, 1227, 1231, 1232, 1324a, 1357, 1362, 1611; 18 U.S.C. 4002, 4013(c)(4); 8 CFR part 2.

### Source

Source: 62 FR 10360, Mar. 6, 1997, unless otherwise noted.

### Amendments

[62 FR 10360, Mar. 6, 1997, as amended at 65 FR 43680, July 14, 2000]