non-immigrant waiver | Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog

Nonimmigrant Waivers Not allowed in Immigration Court

Posted on November 27, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Matter of KHAN, 26 I&N Dec. 797 (BIA 2016)
Immigration Judges do not have authority to adjudicate a request for a waiver of inadmissibility under section 212(d)(3)(A)(ii) of the Immigration and Nationality Act, 8 U.S.C. § 1182(d)(3)(A)(ii) (2012), by a petitioner for U nonimmigrant status.

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Filed under: Nonimmigrant Waivers | Tagged: 212(d)(3), Immigration, Immigration Attorney, Immigration Lawyer, non-immigrant waiver, waiver, Waivers | Leave a comment »

BIA Says IJs Cannot Adjudicate Section 212(d)(3)(A)(ii) Waiver by Petitioner for U Status

Posted on October 17, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

In a precedent decision issued today, the BIA held that IJs lack the authority to adjudicate a request for a waiver of inadmissibility under INA §212(d)(3)(A)(ii) by a petitioner for U nonimmigrant status. The BIA also concluded that the Seventh Circuit’s decision in L.D.G. v. Holder did not expressly find the language of §212(d)(3)(A) to be unambiguous, which would have left no room for agency discretion. Accordingly, the BIA will apply its ruling in this decision to cases nationwide, including cases arising in the Seventh Circuit.

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