INADMISSIBILITY

Grounds. Waivers

Assertions of Immunity from Prosecution

CLASSIFICATION:

Under INA 212(a)(2). Criminal and related grounds.

Under INA 212(a)(2)(E). Assertions of immunity from prosecution.

BRIEF DESCRIPTION: The beneficiary involved in serious criminal activity but has asserted immunity from prosecution.

DETAILS: Alien is inadmissible (under this ground) only if:

the offense has been committed in the U.S. (at any time),
the immunity from criminal jurisdiction was exercised with respect to that offense,
the alien has departed from the U.S. as a consequence of the offense and exercise of immunity, and
the alien has not subsequently submitted fully to the jurisdiction of the court in the U.S. having jurisdiction with respect to that offense.

DEFINITIONS:

1. Serious criminal offense

2. Felony
FILING DATE RESTRICTIONS: None.
EXCEPTIONS: None.
SPECIFIC WAIVERS:
1. Under INA 212(h)(1)(A) – If:

If the activities for which the alien is inadmissible (under this ground) occurred more than 15 years before the date of the alien's application,

the admission to the U.S. of such alien would not be contrary to the national welfare, safety, or security of the U.S., and

the alien has been rehabilitated.

2. Under INA 212(h)(1)(B) – If:

the beneficiary is a spouse, parent, son, or daughter of a U.S. citizen or permanent resident and

the beneficiary's denial of admission would result in extreme hardship to the U.S. citizen or permanent resident spouse, parent, son, or daughter.

3. Under INA 212(h)(2) – The terms, conditions and controls, if any, are in the discretion of INS.
NO SPECIFIC WAIVER:
Under INA 212(h)(2) –
1. If the criminal acts involve murder or torture.
2. If:

the alien has previously been lawfully admitted to the U.S. for permanent residence and

either:

since the date of such admission the alien has been convicted of an aggravated felony or

the alien has not lawfully resided continuously in the U.S. for a period of not less than 7 years immediately preceding the date of initiation of proceedings to remove the alien from the U.S.

COURT JURISDICTION: Under INA 212(h)(2) – No court shall have jurisdiction to review INS
decision to grant or deny waiver.
GENERAL WAIVERS

HOME | Section of Law: By List | Section of Law: By Hierarchy | Multiple Sections of Law | General Waivers | Privacy Policy

Copyright © 2001-2010. All Rights Reserved