[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: 8CFR244.3]



[Page 483]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

PART 244_TEMPORARY PROTECTED STATUS FOR NATIONALS OF DESIGNATED STATES

--Table of Contents

 

Sec. 244.3  Applicability of grounds of inadmissibility.



    (a) Grounds of inadmissibility not to be applied. Paragraphs (4), 

(5) (A) and (B), and (7)(A)(i) of section 212(a) of the Act shall not 

render an alien ineligible for Temporary Protected Status.

    (b) Waiver of grounds of inadmissibility. Except as provided in 

paragraph (c) of this section, the Service may waive any other provision 

of section 212(a) of the Act in the case of individual aliens for 

humanitarian purposes, to assure family unity, or when the granting of 

such a waiver is in the public interest. If an alien is inadmissible on 

grounds which may be waived as set forth in this paragraph, he or she 

shall be advised of the procedures for applying for a waiver of grounds 

of inadmissibility on Form I-601 (Application for waiver of grounds of 

excludability).

    (c) Grounds of inadmissibility that may not be waived. The Service 

may not waive the following provisions of section 212(a) of the Act:

    (1) Paragraphs (2)(A)(i), (2)(B), and (2)(C) (relating to criminals 

and drug offenses);

    (2) Paragraphs (3)(A), (3)(B), (3)(C), and (3)(D) (relating to 

national security); or

    (3) Paragraph (3)(E) (relating to those who assisted in the Nazi 

persecution).



[56 FR 619, Jan. 7, 1991, as amended at 58 FR 58937, Nov. 5, 1993. 

Redesignated at 62 FR 10367, 10382, Mar. 6, 1997]