[Code of Federal Regulations]

[Title 8, Volume 1]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 8CFR212.16]



[Page 222]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

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]