8 CFR 212.18 - Applications for waivers of inadmissibility in connection with an application for adjustment of status by T nonimmigrant status holders.

§ 212.18 Applications for waivers of inadmissibility in connection with an application for adjustment of status by T nonimmigrant status holders.

(a)Filing the waiver application. An alien applying for a waiver of inadmissibility under section 245(l)(2) of the Act in connection with an application for adjustment of status under 8 CFR 245.23(a) or (b) must submit:

(1) A completed Form I-485 application package;

(2) The appropriate fee in accordance with 8 CFR 103.7(b)(1) or an application for a fee waiver; and, as applicable,

(3) Form I-601, Application for Waiver of Grounds of Excludability.

(b)Treatment of waiver application.

(1) USCIS may not waive an applicant's inadmissibility under sections 212(a)(3), 212(a)(10)(C), or 212(a)(10)(E) of the Act.

(2) If an applicant is inadmissible under sections 212(a)(1) or (4) of the Act, USCIS may waive such inadmissibility if it determines that granting a waiver is in the national interest.

(3) If any other provision of section 212(a) renders the applicant inadmissible, USCIS may grant a waiver of inadmissibility if the activities rendering the alien inadmissible were caused by or were incident to the victimization and USCIS determines that it is in the national interest to waive the applicable ground or grounds of inadmissibility.

(c)Other waivers. Nothing in this section shall be construed as limiting an alien's ability to apply for any other waivers of inadmissibility for which he or she may be eligible.

(d)Revocation. The Secretary of Homeland Security may, at any time, revoke a waiver previously granted through the procedures described in 8 CFR 103.5.

[ 73 FR 75557, Dec. 12, 2008]

Title 8 published on 06-Apr-2017 03:19

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 8 CFR Part 212 after this date.

  • 2017-01-17; vol. 82 # 10 - Tuesday, January 17, 2017
    1. 82 FR 5238 - International Entrepreneur Rule
      GPO FDSys XML | Text
      DEPARTMENT OF HOMELAND SECURITY, U.S. Citizenship and Immigration Services, DHS
      Final rule.
      This final rule is effective July 17, 2017.
      8 CFR Parts 103, 212, and 274a
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