-
Original Date Announced
May 6, 2019If a nonimmigrant visa applicant is inadmissible based on a ground for which a waiver may be granted under INA § 212(d)(3)(A)(i), but the consular officer chose not to recommend that DHS approve the waiver and the applicant continues to pursue a waiver, the consular officer is required to refer the waiver request to the State Department “for a possible exercise of the Secretary of State’s authority to recommend a waiver to DHS” only when the requests “involve security-related inadmissibility grounds or . . . only if the case meets circumstances where a referral is required by State guidance.” [ID #755]
Visas: Waiver for Ineligible Nonimmigrants Under Section 212(d)(3)(A)(i) of the Immigration and Nationality ActEffective Date
May 6, 2019Current Status
Fully in EffectOriginal Trump Policy Status
Status: Final/ActualTrump Administration Action: RuleSubject Matter: Non-Immigrant VisasAgencies Affected: USCIS Bureau of Consular AffairsPre Trump-Era Policies
- April 1, 2018 If a nonimmigrant visa applicant is inadmissible based on a ground for which a waiver may be granted under INA § 212(d)(3)(A)(i), but the consular officer chose not to recommend that DHS approve the waiver and the applicant continues to pursue a waiver, the consular officer was required under 22 C.F.R. 40.301 to refer the request to the State Department “for a possible exercise of the Secretary of State’s authority to recommend a waiver to DHS.” That requirement was not limited by whether the requests involved security-related inadmissibility grounds. Waiver for ineligible nonimmigrants under INA 212(d)(3)(A)