[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR40.301]

[Page 159-160]
 
                       TITLE 22--FOREIGN RELATIONS
 
                     CHAPTER I--DEPARTMENT OF STATE
 
PART 40_REGULATIONS PERTAINING TO BOTH NONIMMIGRANTS AND IMMIGRANTS UNDER THE 
 
               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 Secretary of Homeland Security pursuant to 
the provisions of INA 212(d)(3)(A) in the case of an alien who is 
classifiable as a nonimmigrant but

[[Page 160]]

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 DHS officer abroad. A consular 
officer may, in certain categories defined by the Secretary of State, 
recommend directly to designated DHS officers that the temporary 
admission of an alien ineligible to receive a visa be authorized under 
INA 212(d)(3)(A).
    (c) Secretary of Homeland Security may impose conditions. When the 
Secretary of Homeland Security 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 Secretary of Homeland Security.