8 C.F.R. 212.7 - Waiver of certain grounds of inadmissibility

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155 practice notes
  • Introduction to the Unified Agenda of Federal Regulatory and Deregulatory Actions
    • United States
    • Federal Register December 15, 2015
    • December 15, 2015
    ...Unlawful Presence Waivers of Inadmissibility Priority: Other Significant. Legal Authority: 8 U.S.C. 1103; 8 U.S.C. 1182 CFR Citation: 8 CFR 212.7. Legal Deadline: Abstract: The Department of Homeland Security (DHS) is amending its regulations to expand eligibility for the provisional unlawf......
  • Appellate Procedures and Decisional Finality in Immigration Proceedings; Administrative Closure
    • United States
    • Executive Office For Immigration Review
    • Invalid date
    ...for an unlawful presence hardship waiver. Commenters explained that the Secretary of Homeland Security implemented regulations at 8 CFR 212.7(e)(4)(iii) interpreting the waiver statute as allowing persons in removal proceedings to apply for a provisional waiver if their removal proceeding i......
  • Provisional Unlawful Presence Waivers of Inadmissibility for Certain Immediate Relatives
    • United States
    • Federal Register January 03, 2013
    • January 3, 2013
    ...can be found in INA section 212(a)(9)(B)(v), 8 U.S.C. 1182(a)(9)(B)(v). The regulation governing certain inadmissibility waivers is 8 CFR 212.7. The fee schedule for provisional unlawful presence waiver applications is found at 8 CFR Summary of the Major Provisions of the Regulatory Action ......
  • Expansion of Provisional Unlawful Presence Waivers of Inadmissibility
    • United States
    • Federal Register July 22, 2015
    • July 22, 2015
    ...a waiver and meets the relevant statutory and regulatory requirements. See, e.g., INA section 212(a)(9)(B)(v), 8 U.S.C. 1182(a)(9)(B)(v); 8 CFR 212.7. If the Secretary grants a waiver of inadmissibility, the waived inadmissibility ground no longer bars the alien's admission, readmission, or......
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137 cases
  • In re Castro-Tum, Interim Decision #3926
    • United States
    • U.S. DOJ Board of Immigration Appeals
    • May 17, 2018
    ...process for spouses or immediate relatives of U.S. citizens who must process their entry through a U.S. consulate or embassy abroad. 8 C.F.R. § 212.7(e)(4)(iii). If the case is recalendared, however, eligibility disappears. Id. Regulations that apply only to DHS do not provide authorization......
  • In re Castro-Tum, Interim Decision #3926
    • United States
    • U.S. DOJ Board of Immigration Appeals
    • May 17, 2018
    ...process for spouses or immediate relatives of U.S. citizens who must process their entry through a U.S. consulate or embassy abroad. 8 C.F.R. § 212.7(e)(4)(iii). If the case is recalendared, however, eligibility disappears. Id. Regulations that apply only to DHS do not provide authorization......
  • Doe v. Trump, No. 19-36020
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • May 4, 2020
    ...have been unlawfully present in the United States and who are immediate relatives of U.S. citizens. See 8 U.S.C. § 1182(a)(9)(B)(i) ; 8 C.F.R. § 212.7(e). The I-601A waiver was developed to expedite the interview process by allowing applicants "who require a waiver of inadmissibility for un......
  • Sanchez v. Attorney Gen. U.S., No: 20-1843
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • May 5, 2021
    ...Matter of Hashmi , 24 I. & N. Dec. 785, 791 n.4 (administrative closure granted pending application for provisional waiver ); see also 8 C.F.R. § 212.7(e)(4)(iii) (DHS regulation requiring individuals in removal proceedings to have the proceedings administratively closed prior to applying f......
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1 books & journal articles
  • The Legal Assistance Attorney's Guide to Immigration and Naturalization
    • United States
    • Military Law Review Nbr. 177, December 2003
    • December 1, 2003
    ...Security, Immigration and Naturalization Service, Form I-601, Application for Waiver of Grounds of Excludability (Jan. 2002). 94. 8 C.F.R. § 212.7(a)(1). 95. Id. § 214.2(k)(9). Fiancées and their children must have an approved employment authorization. U.S. Dep't of Homeland Security, Burea......

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