8 CFR 236.13 : Aliens And Nationality (§ 1.1 To Parts 1338-1399) — (§ 1.1 To Parts 1338-1399) — Department Of Homeland Security (§ 1.1 To Parts 393-499) — Immigration Regulations (§ 100.1 To § 299.5) — Apprehension And Detention Of Inadmissible And Deportable Aliens; Removal Of Aliens Ordered Removed (§ 236.1 To § 236.18) — Family Unity Program (§ 236.10 To § 236.18) — 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.