DOJ Issues Proposed Regulation Changing Standard for Obtaining Waiver of Criminal Grounds of Inadmissibility

IMMIGRATION LAW & POLICY

Obtaining Lawful Permanent Residence Status

DOJ ISSUES PROPOSED REGULATION CHANGING STANDARD FOR OBTAINING WAIVER OF CRIMINAL GROUNDS OF INADMISSIBILITY
Immigrants' Rights Update, Web Edition, July 15, 2002

In a little noticed move that could affect thousands of non-U.S. citizens applying for admission to the United States or adjustment of status to lawful permanent residents of the U.S., the Dept. of Justice has issued a proposed regulation that dramatically limits the circumstances under which the Immigration and Naturalization Service grants waivers of the criminal grounds of inadmissibility.

In an extension of his decision in Matter of Jean, 23 I. & N. Dec. 373 (A.G. May 2, 2002), the U.S. attorney general proposes a general rule that the INS will deny waivers of inadmissibility involving violent or dangerous crimes except in extraordinary circumstances. (For more information, see "AG Overrules BIA to Limits Its Authority to Give Relief to Noncitizens Who Committed Violent Crimes," Immigrants' Rights Update, May 30, 2002, p. 4). Extraordinary circumstances include cases in which there are overriding national security or foreign policy considerations or the applicant has demonstrated that a denial would result in exceptional and extremely unusual hardship. Depending on the gravity of the crime, such circumstances may not be sufficient to warrant the grant of a waiver.

Written comments on the proposed regulation must be submitted to the INS on or before Sept. 9, 2002.

67 Fed. Reg. 4,402-10 (July 9, 2002).