Under INA 212(d)(3) – If:
2. Alien is to be admitted as a nonimmigrant.
alien is applying for a nonimmigrant visa and is known or believed by the
consular officer to be inadmissible under INA 212(a) and thus ineligible
for such visa,
alien is inadmissible under INA 212(a) but is in possession of appropriate
documents or is granted a waiver thereof and is seeking admission.
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.
the risk of harm to society if the applicant is admitted;
the seriousness of the applicant's prior violation(s) of immigration or
criminal law, if any; and
the nature of the applicant's reasons for seeking entry.
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).
INA 212 (a)(3)(A)(i)(I),
INA 212 (a)(3)(A)(ii),
INA 212 (a)(3)(A)(iii).
3. Participation in Nazi persecution or genocide (all) – INA 212 (a)(3)(E).
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