[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR212.16]

[Page 221]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
      CHAPTER I--DEPARTMENT OF HOMELAND SECURITY (IMMIGRATION AND 
                             NATURALIZATION)
 
PART 212_DOCUMENTARY REQUIREMENTS: NONIMMIGRANTS; WAIVERS; ADMISSION OF 
CERTAIN INADMISSIBLE ALIENS; PAROLE--Table of Contents
 
Sec.  212.16  Applications for exercise of discretion relating to T 
nonimmigrant status.

    (a) Filing the waiver application. An alien applying for the 
exercise of discretion under section 212(d)(13) or (d)(3)(B) of the Act 
(waivers of inadmissibility) in connection with an application for T 
nonimmigrant status shall submit Form I-192, with the appropriate fee in 
accordance with Sec.  103.7(b)(1) of this chapter or an application for 
a fee waiver, to the Service with the completed Form I-914 application 
package for status under section 101(a)(15)(T)(i) of the Act.
    (b) Treatment of waiver application. (1) The Service shall determine 
whether a ground of inadmissibility exists with respect to the alien 
applying for T nonimmigrant status. If a ground of inadmissibility is 
found, the Service shall determine if it is in the national interest to 
exercise discretion to waive the ground of inadmissibility, except for 
grounds of inadmissibility based upon sections 212(a)(3), 212(a)(10)(C) 
and 212(a)(10)(E) of the Act, which the Commissioner may not waive. 
Special consideration will be given to the granting of a waiver of a 
ground of inadmissibility where the activities rendering the alien 
inadmissible were caused by or incident to the victimization described 
under section 101(a)(15)(T)(i) of the Act.
    (2) In the case of applicants inadmissible on criminal and related 
grounds under section 212(a)(2) of the Act, the Service will only 
exercise its discretion in exceptional cases unless the criminal 
activities rendering the alien inadmissible were caused by or were 
incident to the victimization described under section 101(a)(15)(T)(i) 
of the Act.
    (3) An application for waiver of a ground of inadmissibility for T 
nonimmigrant status (other than under section 212(a)(6) of the Act) will 
be granted only in exceptional cases when the ground of inadmissibility 
would prevent or limit the ability of the applicant to adjust to 
permanent resident status after the conclusion of 3 years.
    (4) The Service shall have sole discretion to grant or deny a 
waiver, and there shall be no appeal of a decision to deny a waiver. 
However, nothing in this paragraph (b) is intended to prevent an 
applicant from re-filing a request for a waiver of a ground of 
inadmissibility in appropriate cases.
    (c) Incident to victimization. When an applicant for status under 
section 101(a)(15)(T) of the Act seeks a waiver of a ground of 
inadmissibility under section 212(d)(13) of the Act on grounds other 
than those described in sections 212(a)(1) and (a)(4) of the Act, the 
applicant must establish that the activities rendering him or her 
inadmissible were caused by, or were incident to, the victimization 
described in section 101(a)(15)(T)(i)(I) of the Act.
    (d) Revocation. The Commissioner may at any time revoke a waiver 
previously authorized under section 212(d) of the Act. Under no 
circumstances shall the alien or any party acting on his or her behalf 
have a right to appeal from a decision to revoke a waiver.

[67 FR 4795, Jan. 31, 2002]