INADMISSIBILITY

Grounds. Waivers

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General Waivers

Under INA 212(d)(3) If:

1. Either:

2. Alien is to be admitted as a nonimmigrant.
3. The admission is a recommended by U.S. DOS or by the consular officer .
4. The recommendation is approved by INS.
5. The decision is in the discretion of INS.
6. The admission is to be under conditions prescribed by INS, including exaction of such bonds as may be necessary, to control and regulate the admission and return of inadmissible aliens applying for temporary admission.

Essentially three factors: In Matter of Hranka, 16 I&N Dec. 491 (BIA 1978)

Validity of waiver: usually up to one year.
Extension: possible.
New waiver: possible.
Simultaneous issuance of waiver and border crossing card: possible.
Validity of waiver issued simultaneous with border crossing card = validity of border crossing card.
Validity of border crossing card: valid until revoked.
Indefinite waiver: possible (by border crossing card).

NO WAIVER: Under INA 212(d)(3)

1. Security and related grounds (all, except export violations)

2. Foreign policy grounds (all) INA 212 (a)(3)(C).

3. Participation in Nazi persecution or genocide (all) INA 212 (a)(3)(E).

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