[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR40.301]

[Page 173]
 
                       TITLE 22--FOREIGN RELATIONS
 
                     CHAPTER I--DEPARTMENT OF STATE
 
PART 40--REGULATIONS PERTAINING TO BOTH NONIMMIGRANTS AND IMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED--Table of Contents
 
              Subpart M--Waiver of Ground of Ineligibility
 
Sec. 40.301  Waiver for ineligible nonimmigrants under INA 212(d)(3)(A).

    Source: 56 FR 30422, July 2, 1991, unless otherwise noted. 
Redesignated at 61 FR 59184, Nov. 21, 1996]


    (a) Report or recommendation to Department. Except as provided in 
paragraph (b) of this section, consular officers may, upon their own 
initiative, and shall, upon the request of the Secretary of State or 
upon the request of the alien, submit a report to the Department for 
possible transmission to the Attorney General pursuant to the provisions 
of INA 212(d)(3)(A) in the case of an alien who is classifiable as a 
nonimmigrant but who is known or believed by the consular officer to be 
ineligible to receive a nonimmigrant visa under the provisions of INA 
212(a), other than INA 212(a) (3)(A), (3)(C) or (3)(E).
    (b) Recommendation to designated INS officer abroad. A consular 
officer may, in certain categories defined by the Secretary of State, 
recommend directly to designated INS officers that the temporary 
admission of an alien ineligible to receive a visa be authorized under 
INA 212(d)(3)(A).
    (c) Attorney General may impose conditions. When the Attorney 
General authorizes the temporary admission of an ineligible alien as a 
nonimmigrant and the consular officer is so informed, the consular 
officer may proceed with the issuance of a nonimmigrant visa to the 
alien, subject to the conditions, if any, imposed by the Attorney 
General.