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State Department limits requirement to refer nonimmigrant inadmissibility waiver requests

  1. Date Announced

    May 6, 2019

    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 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]

    View Policy Document
  2. Effective Date of Change

    May 6, 2019
Status: Final/Actual
Type of Action: Rule
Subject Matter: Non-Immigrant Visas
Agencies Affected: USCIS Bureau of Consular Affairs

Prior Policies

  • 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)

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