AG ISSUES INTERIM RULE TO RESTRICT 212(h) WAIVERS
Immigrants' Rights Update, Vol. 17, No. 1, February 21, 2003

The attorney general has issued an interim rule that dramatically restricts the circumstances in which waivers may be granted under section 212(h) of the Immigration and Nationality Act. Section 212(h) provides a waiver of certain criminal grounds of inadmissibility for non-U.S. citizens applying for admission to the United States or adjustment of status to lawful permanent residence. The interim rule establishes a general rule that waivers will be denied in cases involving violent or dangerous crimes except in "extraordinary circumstances." 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 or extremely unusual hardship. Depending on the gravity of the crime, such circumstances may not be sufficient to warrant the grant of a waiver.

The interim rule took effect on Jan. 27, 2003.

67 Fed. Reg. 78,675-78 (Dec. 26, 2002).

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