C.F.R. » Title 8 » CHAPTER I—DEPARTMENT OF HOMELAND SECURITY › SUBCHAPTER B—IMMIGRATION REGULATIONS › PART 249—CREATION OF RECORDS OF LAWFUL ADMISSION FOR PERMANENT RESIDENCE

8 C.F.R. § 249.1

Waiver of inadmissibility

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In conjunction with an application under section 249 of the Act, an otherwise eligible alien who is inadmissible under paragraph (9), (10), or (12) of section 212(a) of the Act or so much of paragraph (23) of section 212(a) of the Act as relates to a single offense of simple possession of 30 grams or less of marihuana may request a waiver of such ground of inadmissibility under section 212(h) of the Act. Any alien within the classes described in subparagraphs (B) through (H) of section 212(a)(28) of the Act may apply for the benefits of section 212(a)(28)(I)(ii) in conjunction with an application under section 249 of the Act.

[47 FR 44238, Oct. 7, 1982]
Notes of Decisions
Cited in 6 cases, 1959–1966 · leading case: Russell Bufalino v. Robert F. Kennedy, Attorney Gen. of the United States, 322 F.2d 1016 (D.C. Cir. 1963).
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Russell Bufalino v. Robert F. Kennedy, Attorney Gen. of the United States, 322 F.2d 1016 (D.C. Cir. 1963). · cites it 2× “1961) and 8 C.F.R. 249.1 (Supp.1961) 4 8 C.F.R. 243.”
Antonio Rodriguez Silva v. Harlan B. Carter, as Reg'l Comm'r, Immigr. & Naturalizationservice, Sw. Region, San Pedro, California, 326 F.2d 315 (9th Cir. 1963). · cites it 2× “4 This procedure is provided for in 8 C.F.R. § 249.1 , as amended. 5 Seeking to take advantage of this procedure in conjunction with his application under section 249 of the Act, Silva requested a waiver of section 212(a) (9) on February 16,1961.”
Spinella v. Esperdy, 188 F. Supp. 535 (S.D.N.Y. 1960). “Under the regulations, 8 C.F.R. § 249.1 , as amended, an alien satisfying the eligibility requirements of Section 1259 should apply for the creation of a record to the District Director having jurisdiction over the alien’s residence.”
Deg, 8 I. & N. Dec. 325 (BIA 1959). “945; 8 CFR 249.1, 24 F. R. 4906, June 17, 1959).”
Delucia, 11 I. & N. Dec. 565 (BIA 1966). “571 Interim Decision #1575 In conjunction with an application for the creation of a record of lawful admission an otherwise eligible alien who is inadmissible as n criminal under paragraph (9) of section 212(a) of the Act "may request a waiver of such ground of inadmissibility…”
Cheung v. Hagerty, 192 F. Supp. 452 (D.R.I. 1961). “8 C.F.R. § 249.1 . . 8 C.F.R. § 103.1 (f).”
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