8 C.F.R. § 207.3
Waivers of inadmissibility
(a) Authority. Section 207(c)(3) of the Act sets forth grounds of inadmissibility under section 212(a) of the Act which are not applicable and those which may be waived in the case of an otherwise qualified refugee and the conditions under which such waivers may be approved.
(b) Filing requirements. An applicant may request a waiver by submitting an application for a waiver in accordance with the form instructions. The burden is on the applicant to show that the waiver should be granted based upon humanitarian grounds, family unity, or the public interest. The applicant shall be notified in writing of the decision, including the reasons for denial if the application is denied. There is no appeal from such decision.
Notes of Decisions
Cited in 5
cases, 1984–1999 · leading case: Harold H. Flammia v. United States, 739 F.2d 202 (5th Cir. 1984).
Harold H. Flammia v. United States, 739 F.2d 202 (5th Cir. 1984). “§§ 1182 (d)(5), 1157(c)(1); 8 C.F.R. § 207.3 (b) (1984); 8 C.F.R. § 212.”
Garcia-alzugaray, 19 I. & N. Dec. 407 (BIA 1986). “2 2 We note that section 207(cX3) of the Act and 8 C.F.R. § 207.3 (b) (1986) provide that the exclusionary grounds contained in section 212(a) of the Act, with certain exceptions not relevant here, may be waived for an alien admitted as a refugee under section 207 of the Act.”
H-n, 22 I. & N. Dec. 1039 (BIA 1999). “However, they may be granted a waiver by the Service under 8 C.F.R. § 207.3 (1999). According to the Service, that regulation specifical- ly states that there is no appeal from a decision denying a waiver of inad- missibility, and therefore the Immigration Judge erred in…”
Reznik v. U.S. Dep't of Just., Immigr. & Naturalization Serv., 901 F. Supp. 188 (E.D. Pa. 1995). “See 8 C.F.R. § 207.3 (b) (1994). Plaintiffs dismiss as dictum the statement of the Court in Haitian Refugee Center, Inc.”
Doan v. INS, 990 F. Supp. 744 (E.D. Mo. 1997). “The applicant bears the burden of showing the "consular officer" or "officer in charge" that she is entitled to a visa, to admission as a refugee, or to other documentation.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.