; or (II) explain why the relative’s overstay was due to extraordinary circumstances beyond the control of the relative. (ii) Criminal penalty for false statement A certification under clause (i)(I) shall be subject to the requirements under section 1001 of title 18, United States Code. (C) Waiver The Secretary of Homeland Security may waive the application of section 212(a)(9)(B) in the case of a nonimmigrant described in section 101(a)(15)(B)(iii) who overstayed his or her period of authorized admission due to extraordinary circumstances beyond the control of the nonimmigrant. . (c) Restriction on change of status Section 248(a)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1258(a)(1) ) is amended by inserting (B)(iii), after subparagraph . (d) Family purpose visa eligibility while awaiting immigrant visa (1) In general Notwithstanding section 214(b) of the Immigration and Nationality Act ( 8 U.S.C. 1184(b) ), a nonimmigrant described in section 101(a)(15)(B)(iii) of such Act, as added by subsection (a), who has been classified as an immigrant under section 201 of such Act ( 8 U.S.C. 1151 ) and is awaiting the availability of an immigrant visa subject to the numerical limitations under section 203 of such Act ( 8 U.S.C. 1153 ) may be admitted pursuant to a family purposes visa, in accordance with section 214(t) of such Act, as added by subsection (b), if the individual is otherwise eligible for admission. (2) Limitation An alien admitted under section 101(a)(15)(B)(iii) of the Immigration and Nationality Act, pursuant to section 214(t)(3) of such Act, as added by subsection (b), may not be considered to have been admitted to the United States for purposes of section 245(a) of such Act ( 8 U.S.C. 1255(a) ). (e) Rule of construction Nothing in this section, or in the amendments made by this section, may be construed as— (1) limiting the authority of immigration officers to refuse to admit to the United States an applicant under section 101(a)(15)(B)(iii) of the Immigration and Nationality Act, as added by