Exceptions

(A) An alien who is admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act [ 8 U.S.C. 1157 ].

(B) An alien who is granted asylum under section 208 of such Act [ 8 U.S.C. 1158 ].

(C) An alien whose deportation is being withheld under section 243(h) of such Act [ 8 U.S.C. 1253 ] (as in effect immediately before the effective date of section 307 of division C of Public Law 104–208 ) or section 241(b)(3) of such Act [ 8 U.S.C. 1231(b)(3) ] (as amended by section 305(a) of division C of Public Law 104–208 ).

(D) An alien who is a Cuban and Haitian entrant as defined in section 501(e) of the Refugee Education Assistance Act of 1980.

(E) An alien admitted to the United States as an Amerasian immigrant as described in section 1612(a)(2)(A)(i)(V) 1 1 See References in Text note below. of this title.

An alien who is lawfully residing in any State and is—

(A) a veteran (as defined in section 101, 1101, or 1301, or as described in section 107 of title 38 ) with a discharge characterized as an honorable discharge and not on account of alienage and who fulfills the minimum active-duty service requirements of section 5303A(d) of title 38 ,

(B) on active duty (other than active duty for training) in the Armed Forces of the United States, or

(C) the spouse or unmarried dependent child of an individual described in subparagraph (A) or (B) or the unremarried surviving spouse of an individual described in clause (i) or (ii) 2 2 So in original. Probably should be “subparagraph (A) or (B)”. who is deceased if the marriage fulfills the requirements of section 1304 of title 38 .

An individual described in section 1612(b)(2)(G) of this title .