Section 212 D 5 Of The Ina

Section 212 h of the immigration and nationality act ina authorizes discretionary waivers of certain inadmissible crimes offenses that prevent lawful admission to the u s.

Section 212 d 5 of the ina. Pursuant to section 212 d 5 a of the immigration and nationality act ina the secretary of the department of homeland security dhs may in her discretion parole any alien applying for admission into the u s. Uscis is the dhs component that has authority to grant employment authorization and issue employment authorization documents eads to aliens who are currently in the united states. The secretary or his designees may invoke in the exercise of discretion the authority under section 212 d 5 a of the act.

Ii the person petitioning for the alien s admission and any additional sponsor required under section 1183a f of this title or any alternative sponsor permitted under paragraph 5 b of such section has executed an affidavit of support described in section 1183a of this title with respect to such alien. Under this rule which constitutes an exercise of the secretary of state s authority under section 212 d 3 a i of the ina consular officers are required to refer waiver requests to state in response to a request from the secretary of state whose request shall be presumed to meet one of the criteria paragraphs 1 5 enumerated below or in response to a request from a visa applicant for a case that the consular officer has reason to believe involves one of the following circumstances. Admission of aliens on giving bond or.

Act 212 fn 5. Code prepared by the office of the law revision counsel of the u s. This chapter addresses discretionary employment authorization for aliens who have been paroled into the united states under section 212 d 5 of the immigration and nationality act ina based on an urgent humanitarian reason or for a significant public benefit.

Fn 5 section 342 of iirira added documentation or effective on the date of the enactment of iirira and shall apply to incitement regardless of when it occurs ina. When denial of admissibility would result in extreme hardship to the immigrant s spouse children or parent who is a u s. Such parole shall be issued on a case by case basis for urgent humanitarian reasons which is why it is sometimes referred to as humanitarian parole.

To ensure accuracy uscis links to the official u s. D certain employment based immigrants. Act 212 fn 6.

B the parole of aliens within the following groups who have been or are detained in accordance with 235 3 c of this chapter would generally be justified only on a case by case basis for urgent humanitarian reasons or significant public benefit provided the aliens present neither a security risk nor a risk of absconding. Fn 6 section 308 d 1 c of iirira changes the term is excludable to is inadmissible.