WAIVERS FOR ASYLEES & REFUGEES

Seeking Adjustment of Status

209(c), of the Immigration and Nationality Act of 1952, Pub. L. No. 82-414, 66 Stat. 163, 8 U.S.C. 1159(c).

Copyright 1999, 2000. VIKRAM BADRINATH, P.C. All rights reserved.


Introduction

Simliar to many of the waiver provisions accorded to applicants who seek Adjustment of Status or Consular processing for either immigrant visas or nonimmigrant visas, an alien who has been granted Asylee or Refugee status, and thereafter seeks to have that status "adjusted" to that of a lawful permanent resident alien, may avail himself of the benefits of special waivers of inadmissibility.

Normally, any alien applying for admission to the United States (whether on a temporary [nonimmigrant] basis or for a longer, permanent [immigrant] basis), must pass through all of the grounds of inadmissibility before the approval or grant of such visa. See 212 of the Act, 8 U.S.C. 1182.

Asylees and Refugees, however, fall into special categories under the immigration laws and, hence, are accorded special treatment thereto. Specifically, certain provisions of inadmissibility do not apply, and an alien may adjust his status even though a specific ground of inadmissibility is triggered.

Applicability

An alien seeking to adjust status who is considered a refugee or asylee may do so even though he may be considered to be validly inadmissible under:

In addition, the Attorney General of the United States may waive the applicability of any other provision of inadmissibility (other than section 212(a)(2)(C) [firearms violations] or sections 212(a)(3)(A) [espionage or sabotage], (B) [terrorist activities], (C) [adverse foreign policy consequences], (E) [nazi persecutors or genocide participants]) to assure family unity, for humanitarian pruposes, or when it is otherwise in the public interest.

For more information about obtaining a waiver of inadmissibility for a refugee or asylee, please contact us by email, telephone, or fax or schedule an appointment to have your individual case discussed and analyzed an attorney.